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                          APPENDIX C  

        H. Title IX of The Education Amendments of 1972

1.  WHAT IS TITLE IX?

     Title IX of the Education Amendments of 1972, as amended
prohibits discrimination on the basis of sex in any educational
program or activity receiving federal financial assistance. This
prohibition covers all educational programs and services such as:
employment, health benefits, housing, athletics, admissions,
financial aid, recruitment, student treatment services,
counseling, guidance, discipline, classroom assignments, and
grading. Programs such as these must operate in a
non-discriminatory manner with regards to gender.

     Sexual Harassment is a form of sex discrimination. (Meritor
Savings Bank, FSB vs. Vinson 106 S. Ct. 2399 (1986). Title IX
prohibits sex-based discrimination against students.
Therefore,educational institutions may be held liable under Title
IX when students sexually harass other students or when students
are sexually harassed by institutional personnel and the
institution does not provide relief.

2.  WHAT DOES TITLE IX MANDATE?

     Title IX explicitly prohibits all forms of sex
discrimination. Therefore, an institution could be held liable
under Title IX for sex discrimination when:

     (a) the offender was an employee or agent of
         the institution;

     (b) the offender was in a position to affect the
         academic success of the recipient, such as grades,
         scholarship, fellowship, grants, job references or job
         prospects, and/or when the climate for learning was
         negatively affected; and

     (c) the institution did not provide prompt
         remedies or corrective action once it knew or should     
         have known that sex discrimination had occurred. Title   
         IX explicitly prohibits sexual harassment.

     In August 1981, the U.S. Department of Education reaffirmed
its jurisdiction over sexual harassment complaints. Therefore,
sexual harassment in educational institutions is against the law
and is enforced by the U.S. Department of Education, Office for
Civil Rights. Although sexual harassment of students is
emphasized as being a violation of Title IX, employees of
educational programs and activities which receive federal funds
are also protected from sexual harassment under Title IX.

     1. Sexual harassment consists of verbal or physical conduct  
        of a sexual nature, imposed on the basis of sex, by an    
        employee or agent of a recipient that denies, limits,     
        provides different, or conditions the provisions of aid,  
        benefits, services or treatment protected under Title IX.

     2. It is considered a violation of Title IX for a person to  
        retaliate against someone who complains or opposes an     
        unlawful educational practice or policy or who has made   
        changes, testified or participated in any complaint       
        action under Title IX. 
     
     3. Title IX is not the only federal non-discrimination       
        statue that applies to the sexual harassment of students; 
        but, it is the broadest scope and the simplest to invoke.

3. WHO ENFORCES TITLE IX? 

Title IX sex discrimination and sexual harassment complaints
involving college and/or university employees, employers, or
students are generally enforced by the Department of Education.
Although the Department of Education is the leading law
enforcement agency, some Title IX complaints are resolved through
private litigation or by other Federal agencies. A sexual
harassment or sex discrimination complaint may be filed with the
Office for Civil Rights of the Department of Education in
Washington, D.C. or with one of the ten regional offices. The
University of Maryland falls under Region III. The Office for
Civil Rights in Region III is located at Gateway Building, 3535
Market Street, Philadelphia, Pennsylvania 19101, (215) 596-6787.
Complaints must be filed within 180 days of the alleged
harassment or discrimination. (This deadline may be extended by
the Department of Education). The Office for Civil Rights has a
responsibility to ensure that educational institutions which
receive federal funds comply with Title IX. Title IX, unlike
Title VII, requires institutions to maintain grievance procedure
escapable of prompt and equitable resolution of sexual harassment
and sex discrimination complaints.


*** The Office For Civil Rights' Primary Enforcement Role
INVOLVES INVESTIGATION AND RESOLUTION OF TITLE IX COMPLAINTS.
HOWEVER, THE OFFICE ALSO HAS A COMPLIANCE REVIEW PROGRAM TO
DETERMINE WHICH INSTITUTIONS ARE IN COMPLIANCE WITH TITLE IX.

4. HOW ARE TITLE IX CCOMPAINTS RESOLVED?

Title IX mandates that all complaints be investigated
and resolved in a "prompt" and "equitable" manner. The manner
in which a complaint is resolved varies from case to case.
For example, in some instances a single individual conducts
the investigation, while in others it is conducted by a committee
or panel. In some procedures, the Department of Education
may attempt to resolve the complaint informally by getting
the institution to comply with the grievance procedures in
Section 106. 8. of Title IX. The complaint may also be referred
to the Attorney General of the United States for formal legal
action to be taken.

For additional information or complaint procedure contact the
U.S. Department of Education, Office for Civil Rights,
Washington, D.C. 20202 - (202) 732-3366 or 723-1212.