Law

What Tests Are Conducted Under Title IX Defense?

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Title IX is a law under the Education Amendments of 1972 prohibiting sex discrimination in any educational organization. Title IX follows the same civil rights laws as other laws, ranging from the educational institute providing equal access and treatment and not encouraging or discriminating against anyone. 

Similarly, Title IX includes a three-part test similar to the three-pronged test. Although, the three-part test covers one major issue compared to the three-prong test covering over 12 topics an institute must meet. It would be helpful if you were aware of the test, as it can help you deal with any legal matter related to Title IX. 

If you are faced with a Title IX charge, hiring a Title IX attorney who can assist you with legal expertise will also be helpful. 

What is the three-part test in Title IX?

The three-part test is one of the essential tests under Title IX requirements. It defines how an institution must meet the criteria for addressing issues due to sexual misconduct or discrimination. The three-part test is known for handling the “access” issue in an education program. Often, not all students get equal access to the program and fair treatment from the ones who have gained access. 

In such cases, the three-part test addresses the issue and helps one gain access to the program. The three-part test provides three different ways for educational organizations to comply and address the problems with equal access. 

When a school is under the three-part test for sexual discrimination, they will be required to meet at least one of the three tests for the redressal of the issue. The school or college can change the type of test from three different kinds each year as long as it meets one of them. Below is a quick summary of the three tests: 

  • Test one 

This test focuses on proportionality and provides interscholastic or intercollegiate participation opportunities for men and women.

  • Test two 

Test two ensures that the school or college provides continued access to the underrepresented gender, usually women, in case of sexual discrimination. 

  • Test three

Test three helps the underrepresented gender to gain full access to the educational program. 

How will these tests affect a student?

If a student encounters sexual discrimination, they can hire a Title IX attorney and pursue legal action by stating the three-test under Title IX. Often, discrimination takes place in several institutes due to sexual misconduct. In such cases, the three-test helps the suffering individuals get equal access to the program and receive equal or fair treatment from those who have gained access. 

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