Challenges to Title IX

Since the passage of Title IX legislation, there have been many direct attacks on the law.  Those attacks are obvious and are generally addressed immediately and effectively.  However, Title IX is also subject to more insidious challenges.  Here are some of the challenges that need to be recognized and confronted:

  • Lack of concern for sex discrimination. There is widespread belief that women’s issues have been “solved.”  This belief is common among women as well as men.  Education about the many and varied forms of discrimination and their prevalence and impact across all venues would seem to be a good place to start in eliminating or reducing this lack of concern.
  • Lack of knowledge and understanding about Title IX. Both victims and those responsible for enforcement often lack knowledge about Title IX, what it says and what it requires.  Again, education is the best tool for combating this lack of knowledge and understanding.
  • Lack of reporting. This has two parts.  First, women and girls may not report discrimination or harassment because they don’t recognize it (see above) or because they don’t expect anything will be done about it (see below).  Second, Title IX coordinators, schools or others responsible for enforcement may not be reporting instances of discrimination and their resolution.  The solution in this instance may be education about their responsibilities and/or Office of Civil Rights (OCR) enforcement.
  • Lack of enforcement. Again, this is a two-part issue.  Title IX coordinators, schools and other entities responsible for overseeing and enforcing Title IX requirements may – through ignorance, lack of training, lack of time/staff or deliberate choice – not be fulfilling their duties.  Beyond education, enforcement by the OCR (the second part of this issue) may be the answer.  If the OCR is not enforcing these requirements, political pressure and/or legal procedures may be the only solutions.
  • Lack of support by the Department of Education. Currently, this is a substantial issue.  AAUW has been very active in the past year in opposing actions of and nominees to the Department.  As state and local branch members, we can support the efforts of our national organization in various ways.  We can contribute to AAUW funds which support lobbying efforts as well as research which advances those efforts.  We can also contribute our own and/or collective efforts in demanding that our legislators vote for or against laws and/or nominees who will enhance rather than impair Title IX.  Failing that, we can work to elect legislators who support Title IX.