Title IX exceptions that allow programs to discriminate based on sex

[mynona_11]

I have read that there are a few Title IX exceptions that allow programs to discriminate based on sex. One of those exceptions is defined under 20 U.S.C. § 1681(a)(6)(B); 34 C.F.R. § 106.14(c) :

Title IX does not apply to the membership practices of voluntary youth service organizations. 20 U.S.C. § 1681(a)(6)(B); 34 C.F.R. § 106.14(c). All other programs and activities of voluntary youth service organizations are governed by Title IX if they receive any Federal financial assistance.

In order to qualify for this exemption, membership in the organization must be voluntary, traditionally limited to members of one sex, and principally limited to persons under nineteen years old. A voluntary youth service organization also must facilitate public service opportunities for its members.

As part of its broad prohibition on sex discrimination, Title IX prohibits schools from aiding or perpetuating discrimination by providing significant assistance to any outside organization that discriminates on the basis of sex in providing any aid, benefit, or service to students or employees. Because of the exemption, however, school districts may provide significant assistance to a voluntary youth service organization. If the school does so, it has a Title IX obligation to ensure girls and boys have comparable educational opportunities overall.

Is there anything that translates an exception like this to programs that target underrepresented genders in the university setting where participants are likely to be older than 19 years of age?

 

[quincy]

I have read that there are a few Title IX exceptions that allow programs to discriminate based on sex. One of those exceptions is defined under 20 U.S.C. § 1681(a)(6)(B); 34 C.F.R. § 106.14(c) :

Title IX does not apply to the membership practices of voluntary youth service organizations. 20 U.S.C. § 1681(a)(6)(B); 34 C.F.R. § 106.14(c). All other programs and activities of voluntary youth service organizations are governed by Title IX if they receive any Federal financial assistance.

In order to qualify for this exemption, membership in the organization must be voluntary, traditionally limited to members of one sex, and principally limited to persons under nineteen years old. A voluntary youth service organization also must facilitate public service opportunities for its members.

As part of its broad prohibition on sex discrimination, Title IX prohibits schools from aiding or perpetuating discrimination by providing significant assistance to any outside organization that discriminates on the basis of sex in providing any aid, benefit, or service to students or employees. Because of the exemption, however, school districts may provide significant assistance to a voluntary youth service organization. If the school does so, it has a Title IX obligation to ensure girls and boys have comparable educational opportunities overall.

Is there anything that translates an exception like this to programs that target underrepresented genders in the university setting where participants are likely to be older than 19 years of age?

What is the name of your state?

What is your personal interest in this?

Does the university in question receive federal funds?

 

[adjusterjack]

Is there anything that translates an exception like this to programs that target underrepresented genders in the university setting where participants are likely to be older than 19 years of age?

What's your goal? What is it you want to do?

 

[quincy]

Here is a link to Title IX exemptions:

https://www2.ed.gov/about/offices/list/ocr/docs/t9-rel-exempt/index.html

And here is a link to a “Dear Colleague” letter from the US Department of Education on voluntary youth service organizations:

https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201512-voluntary-youth-service-organizations.pdf

 

[mynona_11]

What is the name of your state?

What is your personal interest in this?

Does the university in question receive federal funds?

Arizona
I’d like to continue a student organization that allows women/female in engineering to work on a robotics project. The university’s policy says that we cannot discriminate membership based on sex because of Title IX. There are comparable robotics teams on campus that are co-ed but don’t actually have women/females in their member body. 13% of my campus’s population is women and this is the only group that has been historically all-women.
I am just looking for anything that would support the university to uphold our current membership “genderness” because if men start joining our team our group will quickly be gender imbalanced. I am worried that we would no longer be serving the underrepresented group of people that need a resource like my team.

The university is a public institution so it does receive federal funding.

 

[mynona_11]

My specific group for underrepresented people in engineering is not specifically addressed within Title IX exemptions but it is arguably important to providing equal opportunity to the people we serve.

 

[quincy]

Arizona
I’d like to continue a student organization that allows women/female in engineering to work on a robotics project. The university’s policy says that we cannot discriminate membership based on sex because of Title IX. There are comparable robotics teams on campus that are co-ed but don’t actually have women/females in their member body. 13% of my campus’s population is women and this is the only group that has been historically all-women.
I am just looking for anything that would support the university to uphold our current membership “genderness” because if men start joining our team our group will quickly be gender imbalanced. I am worried that we would no longer be serving the underrepresented group of people that need a resource like my team.

The university is a public institution so it does receive federal funding.

Thank you for answering our questions.

Although I do understand and applaud your goal, there is an existing robotics team that includes both men and women members - and you can open up your group enrollment to men. I don’t see that an exception to Title IX will easily apply.

 

[mynona_11]

What's your goal? What is it you want to do?

I responded to another post in this thread. But essentially my group is a robotics team for women. We wish to keep our member body preserved to women. I can provide more details but for privacy sake I am being vague. I have only just started my research in this and am not experienced in researching legal cases and laws.

 

[quincy]

I responded to another post in this thread. But essentially my group is a robotics team for women. We wish to keep our member body preserved to women. I can provide more details but for privacy sake I am being vague. I have only just started my research in this and am not experienced in researching legal cases and laws.

Did you have the chance to read from the link I earlier provided (the “Dear Colleague” letter)? You should read it.

You could have a private volunteer off-campus all women robotics team that is not affiliated with the university but the university has to abide by Title IX.

 

[adjusterjack]

But essentially my group is a robotics team for women. We wish to keep our member body preserved to women.

You can certainly do that but don't count on any funding or support from the university and it will probably have to be off campus if you intend to keep men out of your group.

 

[not2cleverRed]

I responded to another post in this thread. But essentially my group is a robotics team for women. We wish to keep our member body preserved to women. I can provide more details but for privacy sake I am being vague. I have only just started my research in this and am not experienced in researching legal cases and laws.

Does your university have a local chapter of SWE or WISE?

I suspect if you recruit from SWE members, or have a girlie enough name, you might get the result you want, without anyone accusing you of discriminating.

 

[stealth2]

Does your university have a local chapter of SWE or WISE?

I was just going to suggest approaching your local SWE chapter for input.