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Title IX at the University of Virginia

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance..."
20 U.S.C. § 1681

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is an all-encompassing federal law that prohibits discrimination based on the gender of students and employees of educational institutions which receive federal financial assistance.

The Title IX Coordinator at the University of Virginia is Darlene Scott-Scurry, the Deputy Title IX Coordinator for Student Sexual Misconduct is Allen W. Groves, and the Deputy Title IX Coordinator for Athletics is Jane Miller.

WHO IS COVERED BY TITLE IX?

Educational institutions that receive federal financial assistance are covered by Title IX. If only one of the institution’s programs or activities receives federal funding, all of the programs within the institution must comply with Title IX regulations. In compliance with Title IX, the University of Virginia prohibits discrimination in employment as well as in all programs and activities on the basis of sex.

UNIVERSITY TITLE IX COORDINATORS

In accordance with Title IX regulations, the University has designated Darlene Scott-Scurry, Director of the Office of Equal Opportunity Programs, as the University’s Title IX Coordinator. She is charged with monitoring compliance with these regulations. Questions regarding Title IX, as well as concerns and complaints of non-compliance, may be directed to her.

The University has also designated Allen W. Groves, Dean of Students, as Deputy Title IX Coordinator for Student Sexual Misconduct. He is responsible for receiving student complaints of sexual harassment, including sexual assault, sexual violence or other sexual misconduct, against other University students.

MYTHS ABOUT TITLE IX

Myth: Title IX only applies to athletic programs.

This is perhaps the most widely held misconception about Title IX. Athletics are not the only component of academic life governed by Title IX. Other areas which fall within the scope of Title IX include:

  • Recruitment, Admissions, Financial Aid and Scholarships
  • Course Offerings and Access
  • Counseling
  • Hiring and Retention of Employees
  • Benefits and Leave

Title IX also prohibits sexual harassment, which includes sexual assault and sexual violence. Additional information regarding what behaviors may constitute sexual harassment and other forms of sexual misconduct is available at www.virginia.edu/sexualviolence.

Myth: Title IX requires that male athletic opportunities be decreased to provide opportunities for female programs.

Title IX is designed to create parity in athletics, as well as other educational opportunities and experiences for men and women. Title IX does not require schools to cut men’s athletic programs. Each school determines how it will comply with Title IX regulations.

Myth: Title IX applies only to discrimination against women.

While Title IX has been used mostly by women seeking to protect their rights, Title IX also serves to protect the rights of men. Title IX requires that males and females receive fair and equal treatment in all areas of education.

Myth: According to Title IX, all educational activities and programs must be co-ed and open to both men and women.

Title IX specifically allows for, or has been interpreted to allow for, single-sex programs in a number of categories. Included among those are: religious schools, traditional men’s/women’s colleges, social fraternities/sororities, youth service organizations such as, The Boy/Girl Scouts of America, and beauty pageants.

Myth: Gender bias in science, medicine, and engineering is not prohibited by Title IX.

The under-representation of women in science, medicine, and engineering may violate Title IX. Educational institutions are required to provide women in these disciplines resources, support, and promotional opportunities comparable to their male colleagues.

Myth: Advocates for victims of Title IX who file complaints of discrimination for others are not protected from retaliation under Title IX.

The U.S. Supreme Court has broadened the interpretation of Title IX to protect from retaliation whistle-blowers who accuse educational institutions of sex discrimination. The court is of the opinion that reporting incidents of discrimination is integral to Title IX enforcement and would be discouraged if retaliation against those who report it goes unpunished.

FAILURE TO COMPLY WITH TITLE IX

The penalty for failure to comply with Title IX in the most extreme circumstances can include the termination of all or part of an institution’s federal funding. This includes grants, subsidies, and other program funds from the federal government. In addition to the loss of federal funds, universities may be sued by those seeking redress for violations of Title IX. It is essential that institutions receiving federal financial assistances operate in a nondiscriminatory manner. To ensure the University’s compliance with the law, adherence to Title IX regulations is everyone’s responsibility.

WHO ENFORCES TITLE IX?

The United States Department of Education’s Office for Civil Rights (OCR) is in charge of enforcing Title IX. Information regarding OCR can be found at www.ed.gov/about/offices/list/ocr/index.html.

COMPLAINTS UNDER TITLE IX AT THE UNIVERSITY OF VIRGINIA

Students:

If you are a student who believes you have been subjected to (1) sexual harassment by University faculty or staff; or (2) any other form of gender discrimination under Title IX, you may report such misconduct or file a formal complaint with the Title IX Coordinator in the Office of Equal Opportunity Programs (EOP). Complaints must be submitted in writing not more than 300 days after the incident(s) in question. For good cause and at EOP’s discretion, EOP may waive the writing requirement or the 300 day time limitation. The entire complaint procedure and complaint form can be found on EOP’s website at www.virginia.edu/eop.

If you are a student who believes you have been or are the victim of sexual harassment, including sexual assault, sexual violence or other sexual misconduct, by another University student, you may report such conduct or file a complaint under Title IX with the Deputy Title IX Coordinator for Student Sexual Misconduct. Complaints of student sexual misconduct are addressed by the Student Sexual Misconduct Board and are governed by the “Policy and Procedures for Cases of Student Sexual Misconduct,” which may be found at www.virginia.edu/sexualviolence.

Employees:

If you are an employee who believes you have been subjected to discrimination under Title IX, including sexual harassment, or who wishes to file a complaint under Title IX, you can do so with the Title IX Coordinator in the Office of Equal Opportunity Programs (EOP). Complaints must be submitted in writing not more than 300 days after the incident(s) in question. For good cause and at EOP’s discretion, EOP may waive the writing requirement or the 300 day time limitation. The entire complaint procedure and complaint form can be found on EOP’s website at www.virginia.edu/eop.

Federal and state laws prohibit the taking of retaliatory measures against any individual who files a complaint in good faith.

CONTACT INFORMATION

Darlene Scott-Scurry, Title IX Coordinator
Office of Equal Opportunity Programs
Washington Hall, East Range
P.O. Box 400219
Charlottesville, Virginia 22904
Phone: (434) 924-3200
TDD: (434) 924-4327
Fax: (434) 924-1313
Email: scottscurryd@virginia.edu
Web: www.virginia.edu/eop/titleix.html

Allen W. Groves, Dean of Students & Deputy Title IX Coordinator for Student Sexual Misconduct
Office of the Dean of Students
Peabody Hall, Second Floor
P.O. Box 400708
Charlottesville, VA 22904
Phone: (434) 924 – 7133
Fax: (434) 924 - 3889
Email: DeanofStudents@virginia.edu
Web: www.virginia.edu/sexualviolence

Jane Miller, Senior Associate Athletics Director for Programs & Deputy Title IX Coordinator for Athletics
Department of Athletics
McCue Center, Third Floor
P.O. Box 400845
Charlottesville, VA 22904
Phone: (434) 982-5152
Fax: (434) 982-5012
Email: jm2y@virginia.edu