More on …Notice of Nondiscrimination

source: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf

 

A) Notice of Nondiscrimination

The Title IX regulations require that each recipient publish a notice of nondiscrimination stating
that the recipient does not discriminate on the basis of sex in its education programs and
activities, and that Title IX requires it not to discriminate in such a manner.19 The notice must
state that inquiries concerning the application of Title IX may be referred to the recipient’s Title
IX coordinator or to OCR. Itshould include the name or title, office address, telephone number,
and e-mail address for the recipient’s designated Title IX coordinator.

The noticemust be widely distributed to all students, parents of elementary and secondary
students, employees, applicants for admission and employment, and other relevant persons.
OCR recommends that the notice be prominently posted on school Web sites and at various

16 34 C.F.R. § 106.9.

17 Id. § 106.8(a).
18 Id. § 106.8(b).
19 Id. § 106.9(a).

Page 7 –Dear Colleague Letter: Sexual Violence
locations throughout the school or campus and published in electronic and printed publications
of general distribution that provide information to students and employees about the school’s
services and policies. The notice should be available and easily accessible on an ongoing basis.
Title IX does not require a recipient to adopt a policy specifically prohibiting sexual harassment
or sexual violence. As noted in the 2001 Guidance, however, a recipient’s general policy
prohibiting sex discrimination will not be considered effective and would violate Title IX if,
because of the lack of a specific policy, students are unaware of what kind of conduct
constitutes sexual harassment, including sexual violence, or that such conduct is prohibited sex
discrimination. OCR therefore recommends that a recipient’s nondiscrimination policy state
that prohibited sex discrimination covers sexual harassment, including sexual violence, and that
the policy include examples of the types of conduct that it covers.

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