TITLE IX SEX DISCRIMINATION COMPLAINT

Table of Contents

1. Complainant Information
2. Respondent Information
3. Nature of Complaint
4. Statement of Facts
5. Legal Basis
6. Relief Requested
7. Declaration
8. State-Specific Notes
9. Practitioner Checklist

COMPLAINT UNDER TITLE IX OF THE EDUCATION AMENDMENTS OF 1972

Filed with: ☐ U.S. Department of Education, Office for Civil Rights (OCR)
☐ United States District Court for the [____] District of [____]

Date of Filing: [__/__/____]

I. COMPLAINANT INFORMATION

Name: [COMPLAINANT FULL NAME]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Relationship to Educational Institution:
☐ Current student
☐ Former student
☐ Prospective student
☐ Employee
☐ Parent/guardian of student: [STUDENT NAME]
☐ Participant in educational program

II. RESPONDENT INFORMATION

Name of Educational Institution: [________________________________]

Type of Institution:
☐ Public K-12 school / school district
☐ Public college or university
☐ Private college or university receiving federal funds
☐ Other federally funded educational program: [DESCRIBE]

Address: [________________________________]

Title IX Coordinator: [NAME AND CONTACT INFORMATION, if known]

Federal Funding Source(s): [e.g., Federal student aid, Title I, research grants]

III. NATURE OF COMPLAINT

Type of Sex-Based Discrimination Alleged:
☐ Sexual harassment (quid pro quo)
☐ Sexual harassment (hostile environment)
☐ Sexual assault or violence
☐ Unequal treatment in athletics (Title IX athletics equity)
☐ Unequal treatment in academic programs or activities
☐ Discrimination based on pregnancy or parenting status
☐ Discrimination based on gender identity or sexual orientation
☐ Retaliation for Title IX complaint or advocacy
☐ Other: [DESCRIBE]

Date(s) of Discrimination: [________________________________]

Is the discrimination ongoing? ☐ Yes ☐ No

IV. STATEMENT OF FACTS

Background

1. Complainant is/was a [student / employee / participant] at [INSTITUTION NAME] during [TIME PERIOD].

2. [INSTITUTION NAME] receives federal financial assistance and is subject to Title IX, 20 U.S.C. § 1681.

Discriminatory Conduct

3. [PROVIDE DETAILED CHRONOLOGICAL ACCOUNT OF THE DISCRIMINATORY CONDUCT]

4. On or about [DATE], the following occurred: [DESCRIBE SPECIFIC ACTS OF DISCRIMINATION]

5. [DESCRIBE HOW THE CONDUCT CONSTITUTES SEX-BASED DISCRIMINATION]

Institutional Knowledge and Response

6. The institution had actual knowledge of the discrimination through:
   ☐ Report to Title IX Coordinator on [DATE]
   ☐ Report to [SCHOOL OFFICIAL NAME AND TITLE] on [DATE]
   ☐ Formal complaint filed on [DATE]
   ☐ The conduct was witnessed by institutional employees
   ☐ Other: [DESCRIBE]

7. The institution's response was:
   ☐ No response / failure to respond
   ☐ Inadequate investigation
   ☐ Unreasonable delay in addressing the complaint
   ☐ Imposition of inadequate or no remedial measures
   ☐ Retaliatory action against Complainant
   ☐ Other: [DESCRIBE]

Impact on Complainant

8. The discrimination has affected Complainant as follows:
   ☐ Denial of educational opportunities or benefits
   ☐ Hostile educational environment interfering with ability to learn
   ☐ Withdrawal from courses, programs, or the institution
   ☐ Decline in academic performance
   ☐ Emotional and psychological harm
   ☐ Physical harm
   ☐ Economic harm (tuition, lost scholarship, etc.)
   ☐ Other: [DESCRIBE]

V. LEGAL BASIS

Title IX — Intentional Discrimination

9. Respondent excluded Complainant from participation in, denied Complainant the benefits of, or subjected Complainant to discrimination in an education program or activity on the basis of sex, in violation of 20 U.S.C. § 1681(a).

Deliberate Indifference (Sexual Harassment)

10. Respondent had actual knowledge of sexual harassment and responded with deliberate indifference, making it liable for damages. See Gebser v. Lago Vista Ind. School Dist., 524 U.S. 274 (1998); Davis v. Monroe County Bd. of Ed., 526 U.S. 629 (1999).

Retaliation

11. Respondent retaliated against Complainant for engaging in protected activity under Title IX, in violation of 34 C.F.R. § 106.71 and Jackson v. Birmingham Bd. of Ed., 544 U.S. 167 (2005).

VI. RELIEF REQUESTED

☐ Investigation of the discriminatory practices by OCR
☐ Determination that Respondent violated Title IX
☐ Compensatory damages for harm suffered
☐ Injunctive relief requiring corrective action
☐ Order requiring adoption of compliant Title IX policies and procedures
☐ Training for Respondent's staff on Title IX obligations
☐ Monitoring of Respondent's Title IX compliance
☐ Referral for fund termination if compliance cannot be achieved
☐ Reasonable attorneys' fees (if filing in court under 42 U.S.C. § 1988)
☐ Other: [DESCRIBE]

DECLARATION

I declare under penalty of perjury that the information in this complaint is true and correct to the best of my knowledge, information, and belief.

Signature: _______________________________

Printed Name: [________________________________]

Date: [__/__/____]

STATE-SPECIFIC NOTES

California

• State Law: Cal. Educ. Code §§ 221–231.5 (prohibition on sex discrimination in education; mirrors Title IX)
• Athletics: Cal. Educ. Code § 230 (requires equal athletic opportunities)
• Agency: California Department of Education

Texas

• State Law: Tex. Educ. Code § 37.083 (sexual harassment policies required)
• Agency: Texas Education Agency

Florida

• State Law: Fla. Stat. § 1000.05 (Florida Educational Equity Act — prohibits sex discrimination in education)
• Agency: Florida Department of Education

New York

• State Law: N.Y. Educ. Law § 3201-a (sex discrimination in education); N.Y. Exec. Law § 296 (Human Rights Law)
• Enough is Enough Act: N.Y. Educ. Law § 6439 et seq. (affirmative consent and campus sexual assault policies)

PRACTITIONER CHECKLIST

☐ Confirmed institution receives federal financial assistance
☐ Filed OCR complaint within 180-day deadline (or documented basis for waiver)
☐ Identified Title IX Coordinator at the institution
☐ Documented actual knowledge by appropriate institutional official
☐ Documented institutional response (or lack thereof) demonstrating deliberate indifference
☐ Preserved all evidence (emails, text messages, reports, medical records)
☐ Assessed whether to file administratively, in court, or both
☐ Evaluated retaliation claims
☐ Calculated damages (educational losses, emotional harm, economic losses)
☐ Considered whether Clery Act / VAWA Campus SaVE Act provisions apply

SOURCES AND REFERENCES

• 20 U.S.C. § 1681 et seq. — Title IX of the Education Amendments of 1972
• Cannon v. University of Chicago, 441 U.S. 677 (1979) — private right of action under Title IX
• Gebser v. Lago Vista Ind. School Dist., 524 U.S. 274 (1998) — institutional liability, actual knowledge
• Davis v. Monroe County Bd. of Ed., 526 U.S. 629 (1999) — student-on-student harassment
• Jackson v. Birmingham Bd. of Ed., 544 U.S. 167 (2005) — retaliation prohibited
• Barnes v. Gorman, 536 U.S. 181 (2002) — no punitive damages under Title IX
• 34 C.F.R. Part 106 — Title IX implementing regulations