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MCC Daily Tribune Archive

President's Wednesday Message


Given the recent adoption of Enough is Enough in New York state and the ongoing visibility of colleges’ handling of sexual assault cases in our region and across the country, I have invited Melissa Fingar, Esq., assistant to the president for human resources and organizational development, to prepare and share with the College community a primer on Title IX.

- Anne M. Kress, Ph.D.

Forty-three Years of Title IX
By Melissa Fingar, Esq.
Assistant to the President, Human Resources and Organizational Development

On June 23, 1972, Title IX amended the Civil Rights Act of 1964 and consists of only thirty-seven words, but these words changed things in educational settings for women everywhere:

"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 educational program or activity receiving Federal financial assistance" (See https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html)

Title IX is generally associated with increased opportunities for women in athletics; however, the law provides much more protection and opportunities for female students. There are ten key areas of Title IX: (1) access to higher education; (2) career education; (3) employment; (4) math and science; (5) standardized testing; (6) athletics; (7) education for pregnant and parenting students; (8) learning environment; (9) sexual harassment; and (10) technology.

The primary principle underlying Title IX is that of access: Title IX is designed to provide female students the same access to quality educational programs and opportunities as their male counterparts. This is true with respect to programs of study, athletic opportunities, employment opportunities, and, in some cases, even admission to a place of higher education. In fact, Title IX, in response to the decision of colleges and universities to expel female students who become pregnant or decided to raise a child while studying at the institution, contains a provision which requires schools to treat pregnant students the same as other students and prohibits schools from expelling students who become pregnant or parents while studying. The law recognizes the importance of an education in ensuring the future economic success and self-sufficiency of these students.

Despite these changes, issues and problems remain. For example, sexual harassment is still an issue both in an employment context and in a student context. Employees of an educational institution who feel that they have been subject to harassment have two avenues of complaint: (1) Title VII of the Civil Rights Act, which is the primary law dealing with harassment in the employment context, or (2) Title IX of the Educational Amendments to the Civil Rights Act. Title IX was not intended to address employment discrimination and actually borrows many of its standards for reviewing claims of employment discrimination from Title VII.

Gender discrimination and sexual harassment can occur in the classroom and in other campus activities. These discriminatory acts can be perpetrated by fellow students, by faculty, or by staff members. Students who feel that they have been the victim of discrimination must resort to Title IX for relief from that situation—it is their only vehicle for complaints. Title IX is now known to most of us in its relationship to college and university requirements to respond appropriately and effectively to student sexual assault. This aspect of Title IX has also been a focal point of state law. New York state recently passed comprehensive legislation in response to federal concerns; it is designed to redefine “consensual sex” and to provide greater protections for students who find themselves the victims of sexual assault on campus. (See https://www.governor.ny.gov/news/governor-cuomo-majority-leader-flanagan-and-speaker-heastie-announce-agreement-enough-enough)

While legislation is an important first step in tackling societal problems, we cannot rely on the law alone to address the impact of sexism, racism, and gender discrimination. Discrimination is caused by many different factors, and to truly provide equal opportunities for all in higher education, we must educate our staff and students on the power of creating a climate of acceptance and inclusion. As the College responds to the increasing calls for our campuses to be more educated on these issues, and more mindful of the rights and protections accorded our students, I encourage you to learn more about Title IX, NY’s Enough is Enough, and other legislation impacting MCC, and to share your questions and/or perspectives on the blog.

    Anne M. Kress
    Office of the President
    06/24/2015