Scope of Title IX

Congress passed Title IX of the Education Amendments in 1972 to ensure equal access to educational programs and activities that receive federal financial assistance. Lawmakers who introduced the legislation said it was intended to end gender bias against female students in education, including athletics. Title IX has since expanded to encompass regulations for preventing and responding to discrimination that can include sexual harassment and misconduct on college campuses.

The university sought review of a divided, 2-1 decision by the U.S. Court of Appeals for the Sixth Circuit that expands Title IX protections to non-students and members of the public, including attendees of athletic events and other non-student visitors. This decision opens the door to more lawsuits based on decades-old claims from anyone with minor or nonexistent ties to a university. This could divert funds allocated for educational programs and activities, ultimately harming students themselves.

The statute of limitations is especially important in Title IX cases because it requires timely notification to schools so that institutions have the necessary information to take immediate action to protect others.

“[T]he majority opinion transformed Title IX into a ‘one-size-fits-all right of action’ to ‘cover virtually anyone who sets foot on campus, no matter the reason,’ including ‘vendors, friends and family who frequent campus, and every person that descends on campus each fall on football Saturdays.”

Judge Chad A. Readler
U.S. Court of Appeals for the Sixth Circuit