Sex Discrimination - Disparate Treatment
Disparate treatment refers to actions that treat similarly situated persons differently on the basis of a prohibited classification. In the case of Title IX, the prohibited classification is sex. Disparate treatment is also referred to as "intentional," "purposeful," or "invidious" discrimination.
Sex Discrimination - Disparate Impact
Disparate impact focuses on the consequences of an apparently sex-neutral policy or practice. Under this theory of discrimination, the core inquiry focuses on the results of the action taken, rather than the underlying intent.
Sex Discrimination - Retaliation
Retaliation is an intentional adverse action taken against an individual for opposing sex discrimination.
Source: Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005). See U.S. Department of Education, Office for Civil Rights, Dear Colleague Letter (April 24, 2013)
Sexual harassment is a form of sex discrimination. Sexual harassment is unwelcome conduct of a sexual nature and can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, such as sexual assault or acts of sexual violence.
If harassing conduct is sufficiently serious (sufficiently severe or pervasive) to deny or limit a student’s ability to participate in or benefit from the school’s program based on sex then a hostile environment based on sex may exist.
Non-sexual harassment of a person because of the person’s sex and/or gender, including, but not limited to, harassment based on the person’s nonconformity with gender stereotypes.