About ED OFFICES


OCR: Office for Civil Rights
   Current Section
Title IX Grievance Procedures, Elementary and Secondary Education

OFFICE OF THE ASSISTANT SECRETARY

April 26, 2004

Dear Colleague:

On behalf of the Office for Civil Rights of the United States Department of Education (OCR), I am writing to highlight aspects of the responsibilities of recipients of federal financial assistance to comply with the requirements of Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. (Title IX), and its implementing regulations, 34 C.F.R. Part 106. As you are aware, Title IX prohibits discrimination on the basis of sex in education programs or activities by recipients of federal financial assistance. Specifically, this letter is to remind chief state school officers and state and local educational agencies that the Title IX regulations require recipients to designate a Title IX coordinator, adopt and disseminate a nondiscrimination policy, and put grievance procedures in place to address complaints of discrimination on the basis of sex in educational programs and activities.

OCR recently reviewed the Title IX compliance status of selected recipients and found in several instances that recipients have not complied with some of the above requirements of the Title IX implementing regulations. Examples of deficiencies identified by the investigations include the failure to designate and/or adequately train at least one employee to coordinate the recipient's Title IX responsibilities, the failure to have and/or disseminate notice of the nondiscrimination policy, and the failure to adopt or publish required Title IX grievance procedures to address sex discrimination claims. The most frequently cited problem was the failure to effectively disseminate notice of the Title IX coordinator's identity and contact information as required by the Title IX regulations. These are all the things that OCR looks for in conducting investigations on these issues.

Recipients of federal financial assistance, including state and local educational agencies, must comply with the Title IX implementing regulations. The Title IX implementing regulations at 34 C.F.R. § 106.8(a) require that each recipient designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX. The coordinator's responsibilities include investigating complaints communicated to the recipient alleging noncompliance with Title IX. Section 106.8(a) also requires the recipient to notify all students and employees of the name, address, and telephone number of the designated coordinator. Section 106.8(b) requires that each recipient adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints under Title IX.

The Title IX regulations at 34 C.F.R. § 106.9 require that each recipient publish a statement (notice) that it does not discriminate on the basis of sex in the education programs or activities it operates. The notice must state, at a minimum, that the recipient does not discriminate on the basis of sex in admission to or employment in its education programs or activities. The notice must further state that inquiries to recipients concerning the application of Title IX and its implementing regulations may be referred to the Title IX coordinator or to OCR.

Section 106.9(b) requires that the notice of nondiscrimination be displayed prominently in each announcement, bulletin, catalog, or application form used in connection with recruitment of students or employees. The notice should also include the name, office address, and telephone number for the designated Title IX coordinator.

The Department is committed to enforcing Title IX aggressively. The compliance problems OCR noted during our recent investigations suggest that some recipients may not have been vigilant in ensuring compliance with the above-mentioned procedural requirements of the regulations implementing Title IX. My goal is that, by focusing attention on this issue, recipients will re-evaluate their policies and practices in this area, increase their compliance with these requirements, and improve access to educational benefits and services for all beneficiaries. If you need additional information about Title IX, have questions regarding the Department's policies, or seek guidance, please contact the OCR enforcement office that serves your state or territory for further assistance. I have enclosed the addresses and telephone numbers of those offices.

Thank you for your attention to these matters.

Sincerely,

Kenneth L. Marcus
Delegated the Authority of the
Assistant Secretary for Civil Rights
U.S. Department of Education

Enclosure

OFFICE FOR CIVIL RIGHTS
U.S. DEPARTMENT OF EDUCATION
400 Maryland Avenue, SW, Washington, DC 20202-1100
Customer Service #: (800) 421-3481 * TDD#: (877) 521-2172 * http://www.ed.gov/ocr

E
a
s
t
e
r
n

D
i
v
i
s
i
o
n

Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont
Office for Civil Rights,
Boston Office
U.S. Department of Education
J. W. McCormack POCH, Room 701
Boston, MA 02109-4557
Telephone: (617) 223-9662
Facsimile: (617) 223-9669
TDD: (617) 223-4097
Email: OCR.Boston@ed.gov
M
i
d
w
e
s
t
e
r
n

D
i
v
i
s
i
o
n
Illinois, Indiana, Minnesota, Wisconsin, Iowa, North Dakota
Office for Civil Rights,
Chicago Office
U.S. Department of Education
111 North Canal Street,
Suite 1053
Chicago, IL 60606-7204
Telephone: (312) 886-8434
Facsimile: (312) 353-4888
TDD: (312) 353-2540
Email: OCR.Chicago@ed.gov
New Jersey, New York, Puerto Rico, Virgin Islands
Office for Civil Rights,
New York Office
U. S. Department of Education
75 Park Place, 14th Floor
New York, NY 10007-2146
Telephone: (212) 637-6466
Facsimile: (212) 264-3803
TDD: (212) 637-0478
Email: OCR.NewYork@ed.gov
Michigan, Ohio
Office for Civil Rights,
Cleveland Office
U.S. Department of Education
600 Superior Avenue East, Suite 750
Cleveland, OH 44114-2611
Telephone: (216) 522-4970
Facsimile: (216) 522-2573
TDD: (216) 522-4944
Email: OCR.Cleveland@ed.gov
Delaware, Maryland, Kentucky, Pennsylvania, West Virginia
Office for Civil Rights,
Philadelphia Office
U.S. Department of Education
The Wanamaker Building100 Penn Square East,
Suite 515
Philadelphia, PA 19107
Telephone: (215) 656-8541
Facsimile: (215) 656-8605
TDD: (215) 656-8604
Email: OCR.Philadelphia@ed.gov
Kansas, Missouri, Nebraska, South Dakota, Oklahoma
Office for Civil Rights,
Kansas City Office
U.S. Department of Education
8930 Ward Parkway, Suite 2037
Kansas City, MO 64114
Telephone: (816) 268-0550
Facsimile: (816) 823-1404
TDD: (800) 437-0833
Email: OCR.KansasCity@ed.gov
S
o
u
t
h
e
r
n

D
i
v
i
s
i
o
n
Alabama, Florida, Georgia, Tennessee
Office for Civil Rights,
Atlanta Office
U.S. Department of Education
61 Forsyth Street S.W., Suite 19T70
Atlanta, GA 30303-3104
Telephone: (404) 562-6350
Facsimile: (404) 562-6455
TDD: (404) 562-6454
Email: OCR.Atlanta@ed.gov
W
e
s
t
e
r
n

D
i
v
i
s
i
o
n
Arizona, Colorado, New Mexico, Utah, Wyoming
Office for Civil Rights,
Denver Office
U.S. Department of Education Federal Building,
Suite 310, 1244 Speer Boulevard
Denver, CO 80204-3582
Telephone: (303) 844-5695
Facsimile: (303) 844-4303
TDD: (303) 844-3417
Email: OCR.Denver@ed.gov
Arkansas, Louisiana, Mississippi, Texas
Office for Civil Rights,
Dallas Office
U.S. Department of Education
1999 Bryan Street, Suite 2600
Dallas, TX 75201
Telephone: (214) 880-2459
Facsimile: (214) 880-3082
TDD: (214) 880-2456
Email: OCR.Dallas@ed.gov
California
Office for Civil Rights,
San Francisco Office
U.S. Department of Education
Old Federal Building
50 United Nations Plaza, Room 239
San Francisco, CA 94102-4102
Telephone: (415) 556-4275
Facsimile: (415) 437-7783
TDD: (415) 437-7786
Email: OCR.SanFrancisco@ed.gov
North Carolina, Virginia, Washington, D.C., South Carolina
Office for Civil Rights,
District of Columbia Office
U.S. Department of Education
P.O. Box 14620
Washington, DC 20044-4620
Telephone: (202) 208-2545
Facsimile: (202) 208-7797
TDD: (202) 208-7741
Email: OCR.DC@ed.gov
Alaska, Hawaii, Idaho, Nevada, Oregon, Montana,Washington, Pacific Region
Office for Civil Rights,
Seattle Office
U.S. Department of Education
915 Second Avenue, Room 3310
Seattle, WA 98174-1099
Telephone: (206) 220-7900
Facsimile: (206) 220-7887
TDD: (206) 220-7907
Email: OCR.Seattle@ed.gov

Address list revised July 2004


 
Print this page Printable view Send this page Share this page
Last Modified: 03/08/2005