A new guidance issued by the U.S. Department of Education Office for Civil Rights (OCR) clarifies that schools receiving federal Title IX funds may not discriminate against transgender and gender-nonconforming students.
The guidance states that Title IX protects all students at recipient institutions from sex discrimination, including sexual violence, and includes straight, gay, lesbian, bisexual and transgender students in its protections. It also states that Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity and femininity.
“The actual or perceived sexual orientation or gender identity of the parties does not change a school’s obligations,” the document states. “Indeed, lesbian, gay, bisexual and transgender (LGBT) youth report high rates of sexual harassment and sexual violence. A school should investigate and resolve allegations of sexual violence regarding LGBT students using the same procedures and standards that it uses in all complaints involving sexual violence.”
