More About Title IX

Actual Knowledge – notice of discrimination, sexual harassment or allegations of discrimination, sexual harassment to the Midland College Title IX Coordinator who has the authority to institute corrective measures on behalf of the college.

Advisor – an individual chosen by a party or appointed by the College to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.

Complainant – an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class, or retaliation for engaging in a protected activity.

Confidential Resource – an employee who is not a Responsible Employee to report harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status)

Day – means a business day when the College is in normal operation.

Education Program or Activity – locations, events, or circumstances where Midland College exercises substantial control over both the Respondent and the context in which the sexual harassment, discrimination, and/or retaliation occurs and also includes any building owned or controlled by a student organization that is officially recognized by Midland College.

Formal Complaint – a document filed by a complainant or signed by the Title IX Coordinator alleging prohibited behavior link to the PROHIBITED BEHAVIOR page) against a respondent and requesting that the college investigate the allegations.

Formal Grievance Process – Process I – a method of formal resolution designated by Midland College to address conduct that complies with the requirements of the Title IX regulations (34 CFR §106.45).

Grievance Process – Process II – an administrative resolution procedure that is applied when the complaint does not rise to the level of Process I as determined by the Title IX Coordinator.

Notice – an employee, student, or third party informs the Title IX Coordinator or other Responsible Employee of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct. Notice also includes personal observation of harassing, discriminatory and/or retaliatory conduct by a Midland College employee (excludes student employees).

Parties – the Complainant(s) and Respondent(s) of the alleged conduct.

Respondent – an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class, or retaliation for engaging in a protected activity.

Responsible Employee – an employee of Midland College who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Title IX Coordinator.

Supportive Measures – non-disciplinary, non-punitive individualized services offered to the Complainant or Respondent and are designed to restore or preserve equal access to the educational program or activity without unreasonably burdening either party. These individualized measures are also designed to protect the safety of all parties the Midland College community.

Title IX governs many aspects of college life, including MC Athletics. Below you will find a general list of frequently asked questions and answers abut the requirements of Title IX in relation to MC Athletics. If you have questions that aren’t covered here, please contact our Title IX Coordinator.

Amber Sims
Director of Student Support Services and Title IX Coordinator
Scharbauer Student Center, Room 125
Midland, Texas 79705
(432) 685-4781
title9@midland.edu

 

What does Title IX require of Athletics?

Title IX’s requirements of Athletics can be divided into three basic categories:

1. Participation
   Men and women must be given equitable opportunities to participate in college sponsored athletics. The number and type of sports offered for men and women do not have to be the same, but there does need to be an equitable opportunity to play.
   
   
2. Scholarships
   Female and male student athletes must receive scholarship dollars proportional to their participation levels in sports.
   
   
3. Other Benefits
   Male and female student athletes must receive equitable treatment in other aspects of being a student-athlete. This includes, but is not limited to, access to quality equipment, game/practice schedules, travel allowances, tutoring, coaching, locker rooms, stadiums, medical/training facilities, housing/dining, marketing, support services, and recruitment.

What does “equitable opportunities to participate” mean?

There are three tests that can be used to determine whether or not a college is providing an equitable opportunity to participate for both male and female athletes. A college or university provides “equitable opportunities to participate” if it can demonstrate compliance with one of the following tests:

1. The college provides participation opportunities for women and men that are substantially proportionate to their respective rates in the college’s full-time undergraduate student enrollment. For example, if a college undergraduate enrollment, if the undergraduate enrollment for Fall 2019 was 54% male, 47% female, then approximately 53% of its athletic roster spots should be reserved for male student-athletes and approximately 47% should be reserved for female student-athletes.
   
   
2. The college demonstrates a history and continuing practice of program expansion for the underrepresented sex. Thus, even if a school’s proportions under the first test are out of balance, the institution can still be compliant by showing that it is working towards achieving proportionality.
   
   
3. The college can demonstrate that it is fully and effectively accommodating the interests and abilities of the underrepresented sex. So, if the institution can show that there is simply no interest from students of the underrepresented sex in increased athletic participation, the institution will be considered in compliance.

Does Title IX only benefit women’s sports?

Although Title IX’s effect on Women’s athletics has historically received attention in the media, Title IX benefits all student-athletes because it prevents colleges and universities from discriminating against anyone on the basis of gender. Title IX seeks to create an equitable educational environment where students of all genders can be successful in the classroom as well as on the field, court, or course.

Does Title IX require that equal money be spent on both men’s and women’s sports?

No. Title IX requires that scholarship money be awarded equitably to males and females based on their relative participation rates in athletics. Likewise, Title IX requires that female and male student-athletes receive equitable treatment, equipment, and benefits.

Does Title IX require a college or university to offer the same sports for both men and women?

No. Title IX does not require that males and females be offered the opportunity to participate in the same sports. Thus, a college or university may field a men’s basketball team without having a women’s basketball team as long as the institution offers equitable opportunities for females to participate in athletics (through another women’s sport). Title IX leaves it up to universities to determine which sport meet the needs of their student body.

Does Title IX apply to club and intramural sports?

Yes. Just like varsity sports, both club and intramural sports are regulated by Title IX. Institutions must offer equitable opportunities for participation in club and intramural sports for female and male students.

What if I believe that Midland College is out of compliance?

Alleged violations of Title IX should be reported to the Midland College Title IX Coordinator.

Amber Sims
Director of Student Support Services and Title IX Coordinator
Scharbauer Student Center, Room 125
Midland, Texas 79705
(432) 685-4781
title9@midland.edu

Reports can also be made directly to the Office of Civil Rights (OCR) within the U.S. Department of Education. OCR is responsible for compliance of every college and university who receives federal funding.

Office of Civil Rights (OCR)