“Over forty years ago, Congress enacted Title IX of the Education Amendments of 1972 (Title IX) to eliminate sex discrimination in educational institutions. Though much progress has been made since Title IX’s enactment, gender equity issues continue to plague colleges and universities. While responsibility for ensuring full and effective compliance with Title IX requires institutional support and engagement at all levels, teachers and coaches play a particularly important role in ensuring effective enforcement of Title IX, as they are often in the best position to identify discrimination and bring it to the attention of administrators.
Unfortunately, however, it is not uncommon for teachers or coaches to face pushback from their educational institutions if and when they complain about sex discrimination. While such retaliatory acts can be intimidating, teachers and coaches should not be deterred from making Title IX complaints because of fear of retaliation. Indeed, because reporting incidents of discrimination is so vital to Title IX enforcement, the Supreme Court has held that Title IX’s private right action encompasses suits for retaliation – see Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 174 (2005). That means that institutions covered under Title IX are prohibited from terminating or otherwise discriminating against a teacher or coach because he or she opposed or protested sex discrimination.
Though the statute of limitations within which you must bring a Title IX retaliation claim varies by state, all Title IX retaliation complaints require proof of three elements that teachers or coaches considering filing a complaint should be aware of. Stated simply, these elements are: