"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."
Title IX of the Education Amendments of 1972 Implementing Regulations at: 20 U.S.C. § 1681 & 34 C.F.R. Part 106
Title IX of the Education Amendments of 1972 is a federal law intended to end sex discrimination in all areas of education. It applies to:
- non-discrimination based on gender, applicable to all recipients of federal funds, whether a public or a private institution
- issues of program equity, including but not limited to athletics programs
- sexual harassment and sexual assault
Title IX is enforced by the Office for Civil Rights (OCR) of the U.S. Department of Education. OCR has authority to develop policy on the regulations it enforces. In regard to athletics programs, OCR developed an Intercollegiate Athletics Policy Interpretation that was issued December 11, 1979, 44 Fed. Reg. 71413 et seq (1979). The 1979 Policy Interpretation remains current policy. In general, courts defer to the policies of the agencies with enforcement authority.
The Title IX Compliance & Discrimination and Harassment Prevention Office (Title IX/DHP Office) is responsible for ensuring the University provides an equitable and inclusive environment for faculty, staff, and students. The Title IX/DHP Office is guided by the University’s Sexual Violence and Sexual Harassment Policy, and all associated response procedures.
Sex Discrimination
The University of California, in accordance with state law and in keeping with its own principles of nondiscrimination will continue to ensure that its transgender students, faculty and staff have unrestricted access to restrooms that conform to their gender identities. We are heartened to hear that protecting all students, including those in the LGBTQ community, remains a stated priority for the Department of Education.
The Title IX Compliance and Discrimination and Harassment Prevention Office (Title IX/DHP) is responsible for ensuring the University provides an environment for faculty, staff, and students that is free from discrimination and harassment on the basis of categories including sex, gender, gender identity, gender expression, pregnancy, and sexual orientation/identity. UC Santa Barbara prohibits discrimination of any person on the basis of their protected class status who is employed by or seeking employment with the University or in the state of admission or access to University programs and activities.
The Title IX/DHP responds to reports from faculty, staff, and students regarding behaviors that may constitute discrimination as covered by University policies.
Sexual Violence and Sexual Harassment (SVSH)
UCSB does not tolerate sexual harassment/sexual violence, which is prohibited by University policy and state and federal law. The Title IX/DHP provides assistance in preventing and resolving & investigating complaints of sexual harassment/sexual violence and gender discrimination. To proactively address these issues on our campus, the Title IX/DHP also provides:
Preventative education
- Regular in-person training sessions
- Coordination of the legally mandated AB 1825 supervisory training
- Customized departmental trainings
Distribution of the University policy and procedures regarding sexual harassment/sexual violence on an annual basis
- The Title IX/DHP provides information about campus policies and procedures related to complaint resolution to any interested campus community member. Individual consultations can be scheduled for persons who need general information about possible response options or to supervisory staff who request a review of their specific reporting responsibilities to address information about possible sexual harassment/sexual violence of which they have become aware.
Title IX and Athletics
Title IX gives colleges and schools three options for demonstrating that they provide equitable opportunities to both sexes. They include:
- whether intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments; or
- where the members of one sex have been and are underrepresented within intercollegiate programs, whether the institution can show a history and continuing practice of program expansion which is demonstrably responsive to the developing interests and abilities of the members of that sex; or
- where the members of one sex are underrepresented within intercollegiate programs, and the institution cannot show a history and continuing practice of program expansion as described above, whether it can be demonstrated that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program.
Moreover, NCAA Certification requires Division I schools to maintain five-year gender equity plans which demonstrate commitment to fair and equitable treatment of both male and female student-athletes and athletics department personnel. Division II and III schools are required to conduct a comprehensive self-study and evaluation of their intercollegiate athletics programs at least once every five years using the Institutional Self-Study Guide (ISSG).
NCAA Resources
Title IX Community Engagement
Case Management Teams (CMTs)
UCSB has two Case Management Teams: one for cases with student respondents and another for cases with employee respondents.The CMTs use a multi-disciplinary and collaborative approach to review all current Title IX cases. This is to ensure that the campus’response is trauma-informed, effective, timely, coordinated among all points of contact for both complainants and respondents, andadherent to all federal, state, and policy guidelines. The CMTs are also charged with reviewing trends identified through collected metrics, identifying areas of concern for the campus population, and identifying and implementing necessary actions to address those areas of concern. CMT membership consists of representatives from campus departments with a direct role in the Title IX process.
Coordinated Community Review Team (CCRT)
The CCRT is responsible for a collaborative campus approach to preventing and addressing sexual violence. The CCRT meets quarterly and is made up of key campus and community stakeholders working to address Title IX issues at UCSB and the community as a whole. The CCRT serves in an advisory capacity to campus leadership and community members about best practices in policies, education, prevention, and response to sexual violence.
Title IX Student Advisory Board
The Student Advisory Board (SAB) provides formal structure for students and the UC Systemwide Title IX Office to continue building and strengthening a collaborative and synergistic relationship. The SAB advises the UC Systemwide Title IX Office on the University’s ongoing work to prevent and respond to sexual harassment, including sexual violence, from the student perspective. Through providing important feedback to the UC Office of the President (UCOP) and helping to inform students about developments of importance to them, the SAB’s mission is to elevate UC student voices in the pursuit of these prevention and response efforts.
- Anya Navar and Anne Berry will serve as UCSB's 2023-24 Title IX SAB undergraduate and graduate representatives, respectively.
- Systemwide Title IX Office Student Advisory Board (SAB)
Sponsor Compliance Response Committee
In February 2019, both the National Science Foundation (NSF) and National Institutes of Health (NIH) released statements addressing the issues of sexual harassment and sexual violence in science and academia. The NSF issued an updated sexual harassment policy that included new requirements for applicant institutions’ reporting and response procedures, and the NIH announced the formation of their Working Group of the Advisory Council to the Director (ACD) on Changing the Culture to End Sexual Harassment. In response to these movements, a committee was formed at UCSB to ensure that the University’s academic and research offices maintain compliance. Since that time, additional agencies such as the Simons Foundation and the National Aeronautics and Space Administration (NASA) have implemented a similar course of action, and this committee has expanded their charge to meet the reporting requirements of these agencies.
The Title IX Officer also has membership in and/or participates in the activities of the following groups: Academic Senate Committee on Diversity and Equity, Chancellor's Advisory Committee on the Status of Women (CACSW), Gender Recognition Task Force, Intercollegiate Athletics Policy Board (IAPB), and Campus Climate Committee.