Santa Clara University

Title IX prohibits educational institutions that receive any form of federal funding from excluding, separating, or denying benefits to students on the basis of sex in its educational programs or activities. However, in the 1975 explanation of Title IX released by the Office for Civil Rights (OCR), there is no explanation of or definition for sex . This has led to confusion in recent years over who, exactly, is protected by Title IX. Some, including institutional representatives, interpret sex as a gender assigned at birth, legally allowing them to dismiss and discriminate against students based on due to their gender identity, gender expression, and/or sexual orientation . Institutions may claim a religious exemption to Title IX regulations by submitting a written statement to the US Office of Civil Rights (OCR). As of January 15, 2020, an institution’s exempt status is “not dependent upon its submission of a written statement to OCR”; Rather, writing in to the office and proving that an institution is controlled by a religious institution and that their religious tenets conflict with Title IX, is an assurance of exemption, implying that religious institutions are already exempt. (Click here for Athlete Ally's Addendum on Religiously Affiliated Institutions.)