Showing posts with label OCR. Show all posts
Showing posts with label OCR. Show all posts

Monday, April 16, 2012

UCSD, feds agree on racial harassment settlement

UT San Diego
Karen Kucher
10:45 a.m., April 13, 2012
Updated 6:36 p.m.
Complaints involving noose, KKK-style hood sparked federal probe

UC San Diego has voluntarily agreed to take steps to prevent racial harassment on the La Jolla campus after federal officials launched an investigation into several complaints, including the public display of nooses and a Ku Klux Klan-style hood in 2010.

Under terms of the agreement, which was announced Friday, the university will maintain an office to receive, investigate and resolve complaints of harassment and discrimination; revise its campus policies regarding racial harassment to ensure they are consistent with federal civil rights law; and provide training for staff and students.

Full Story: http://www.utsandiego.com/news/2012/apr/13/ucsd-agrees-racial-harassement-prevention-efforts/

Tuesday, February 21, 2012

Asian-American Student Withdraws Bias Complaint Against Harvard

SFGate

Asian-American Student Withdraws Bias Complaint Against Harvard
Daniel Golden, ©2012 Bloomberg News
Saturday, February 18, 2012

Feb. 17 (Bloomberg) -- An Asian-American student withdrew federal complaints that Harvard University and Princeton University rejected him for their current freshman classes because of his race, according to the universities.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2012/02/17/bloomberg_articlesLZJZCA0UQVI901-LZK1Q.DTL#ixzz1n2bPJ8iB

Monday, December 5, 2011

Obama Administration Gives Colleges Broad Leeway on Affirmative Action

The Chronicle of Higher Education
By Peter Schmidt

Washington

The Obama administration on Friday released its first guidelines on affirmative action in higher education. In doing so, it showed that it takes an expansive view of the educational benefits of diversity and intends to give colleges and universities considerable leeway in determining whether they can achieve desired levels of diversity without explicitly considering applicants' ethnicity or race.

Full Story: http://chronicle.com/article/Obama-Administration-Gives/130008/

Guidance on Diversity

Inside Higher Ed
December 5, 2011 - 3:00am
By Scott Jaschik
WASHINGTON -- The Obama administration has aligned itself strongly with the right of colleges to consider race and ethnicity in admissions decisions.

Guidance issued jointly Friday afternoon by the Departments of Education and Justice states that diversity is an important educational goal, and that colleges should be able to use a variety of methods (including the consideration of race and ethnicity in admissions) to achieve diversity. In many ways, the guidance is consistent with the arguments made by colleges that consider race in admissions decisions -- but it represents a reversal from 2008 guidance issued by the Bush administration that stressed the limits on the rights of colleges to consider race in admissions.



Read more: http://www.insidehighered.com/news/2011/12/05/obama-administration-issues-affirmative-action-guidance-colleges#ixzz1fh9eUmNZ
Inside Higher Ed

Friday, December 2, 2011

Obama Administration Says Schools May Use Race for Diversity

Bloomberg Business Week
December 02, 2011, 4:19 PM EST

By Greg Stohr


(Updates with comment from guidance in third paragraph.)

Dec. 2 (Bloomberg) -- The Obama administration told school districts and universities they may consider the race of students in programs to foster diversity, revoking Bush administration guidelines that had advocated race-neutral enrollment policies.

The U.S. Justice Department and Education Department laid out approaches schools can use to promote racial diversity in documents released today. The policy represents the administration’s interpretation of three recent Supreme Court decisions that have limited the use of race, without outlawing it altogether.

Full Story: http://www.businessweek.com/news/2011-12-02/obama-administration-says-schools-may-use-race-for-diversity.html

OCR and Justice Release Joint Guidance on Voluntary Efforts to Promote Racial Diversity

The Department of Justice's Civil Rights Division and the Department of Education's Office for Civil Rights have just released new guidance on how educators can lawfully pursue voluntary policies to achieve diversity or avoid racial isolation.

The Dear Colleague letter can be reached at: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201111.html. As Assistant Attorney General Tom Perez stated, "Diversity is a remarkable source of strength."

A copy of the joint guidance follows.

Dear Colleague Letter
OFFICE OF THE ASSISTANT SECRETARY
U.S. Department of JusticeCivil Rights Division
U.S. Department of EducationOffice for Civil Rights
More Resources
Dear Colleague LetterPDF (136K)
Guidance ESEPDF (290K)
Guidance PSEPDF (124K)

December 2, 2011

Dear Colleague:

Today, the United States Department of Education (ED) and the United States Department of Justice (DOJ) are jointly issuing guidance that explains how educational institutions can lawfully pursue voluntary policies to achieve diversity or avoid racial isolation within the framework of Titles IV and VI of the Civil Rights Act of 1964, the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, and current case law. The guidance is presented in two documents, one for elementary and secondary schools and the other for postsecondary institutions. This guidance replaces August 2008 letters titled “The Use of Race in Assigning Students to Elementary and Secondary Schools” and “The Use of Race in Postsecondary Student Admissions” issued by ED’s Office for Civil Rights (OCR). Concurrent with the issuance of this guidance, the August 2008 letters are withdrawn.
The new guidance documents review three key Supreme Court rulings on the use of race by educational institutions, and provide examples of options that schools and postsecondary institutions may wish to consider in structuring programs that lawfully further diversity or reduce racial isolation. Both guidance documents provide examples of different educational contexts within which institutions may permissibly consider race to pursue their compelling objectives. For example, the elementary and secondary guidance discusses school districts’ options in areas such as student assignment, student transfers, school siting, feeder patterns, and school zoning. Similarly, the postsecondary guidance provides examples of how colleges and universities can further diversity in contexts including admissions, pipeline programs, recruitment and outreach, and mentoring, tutoring, retention, and support programs.
OCR and DOJ are available to provide technical assistance, and welcome questions about the application of this guidance to educational institutions. To submit questions or receive technical assistance, please contact the OCR regional office for your state or territory at http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. To contact DOJ for assistance, please contact the Educational Opportunities Section at (202) 514-4092, (877) 292-3804, or education@usdoj.gov.
Sincerely,
/S/
/S/
Russlynn Ali
Assistant Secretary
Office for Civil Rights
U.S. Department of Education
Thomas E. Perez Assistant Attorney General Civil Rights Division U.S. Department of Justice
Attachments

http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201111.html

Wednesday, October 19, 2011

New Data from the U.S. Department of Education 2009-10 Civil Rights Data Collection Show Continuing Disparities in Educational Opportunities

U.S. Department of Education
Office for Civil Rights
June 30, 2011
Contact:
Public Affairs, (202) 401-1576, press@ed.gov

New Data from the U.S. Department of Education 2009-10 Civil Rights Data Collection Show Continuing Disparities in Educational Opportunities and Resources

Today, the U.S. Department of Education released data that cast much-needed light on disparities in educational resources and opportunities for students across the country. These data provide policymakers, educators and parents with critical information that will aid them in identifying inequities and targeting solutions to close the persistent educational achievement gap in America.
Known as the Civil Rights Data Collection (CRDC), the data released today is the first installment of a two-part biennial survey. The survey covers approximately 7,000 school districts and more than 72,000 schools, and has also been significantly enhanced and made more accessible through improved data collection, additional data indicators, and publicly-accessible online tools for data analysis. Part 2 of the CRDC is expected to be released this fall.
"To meet President Obama's goal to lead the world in college graduates by 2020, we need efficient, practical and accessible information like this to help guide our path," said U.S. Secretary of Education Arne Duncan. "These data show that far too many students are still not getting access to the kinds of classes, resources and opportunities they need to be successful."
The data released in Part 1 today includes information on: access to the rigorous sequence of college and career-ready math and science courses, the number of first and second-year teachers in schools, the number of high school counselors in schools, availability of pre-K and kindergarten programs, districts operating under desegregation orders or plans, and whether districts have written policies prohibiting harassment and bullying on the basis of race, color, national origin, sex, or disability.
Within the 7,000 sampled school districts:
3,000 schools serving nearly 500,000 high school students offer no algebra 2 classes, and more than 2 million students in about 7,300 schools had no access to calculus classes.
Schools serving mostly African-American students are twice as likely to have teachers with one or two years of experience than are schools within the same district that serve mostly White students.
Only 2 percent of the students with disabilities are taking at least one Advanced Placement class.
Students with limited English proficiency make up 6 percent of the high school population (in grades 9-12), but are 15 percent of the students for whom algebra is the highest-level math course taken by the final year of their high school career.
Only 22 percent of local education agencies (LEAs) reported that they operated pre-k programs targeting children from low-income families.
Girls are underrepresented in physics, while boys are underrepresented in algebra II.

Full News Release: http://www.ed.gov/news/press-releases/new-data-us-department-education-2009-10-civil-rights-data-collection-show-conti

Friday, July 29, 2011

Long Fights for Sports Equity, Even With a Law

The New York Times
By KATIE THOMAS
Published: July 28, 2011

In 1998, the University of Southern California was accused of denying its female students a fair chance at participating in sports. Thirteen years later, the federal agency charged with investigating sex discrimination in schools has not completed its inquiry of U.S.C.In 2008, the same federal agency, the Office for Civil Rights, came across evidence that Ball State University in Indiana was losing a disproportionate number of women’s coaches. But the agency opted to let Ball State investigate itself. After a two-week inquiry, during which Ball State failed to interview a single coach, the university concluded that there was no evidence that any of the coaches had been unfairly treated or let go.

Full Story: http://www.nytimes.com/2011/07/29/sports/review-shows-title-ix-is-not-significantly-enforced.html?pagewanted=1&_r=2&hpw

Sunday, June 19, 2011

Commentary: In Making Campuses Safe for Women, a Travesty of Justice for Men

The Chronicle of Higher Education
June 5, 2011

By Christina Hoff Sommers
American courts take exacting precautions to avoid convicting an innocent person of a crime. It was therefore startling to read the April 4, 2011, directive on sexual violence sent by the U.S. Department of Education's assistant secretary for civil rights, Russlynn H. Ali, to college officials across the country. In an effort to make campuses safe and equitable for women, Ali, with the full support of her department, advocates procedures that are unjust to men.

She begins by describing the "deeply troubling" state of the American campus, where "one in five women are victims of completed or attempted sexual assault." The Title IX equity statute, she says, guarantees students a right to an education free of discrimination on the basis of sex. Sexual assault and harassment violate this right; therefore, colleges that fail to pursue offenders aggressively can be found in violation of Title IX and lose federal government funds. No matter what the local police choose to do, says Ali, colleges are obligated to carry out their own investigation of all complaints.

Full Commentary: http://chronicle.com/article/In-Making-Campuses-Safe-for/127766/?sid=at&utm_source=at&utm_medium=en

Monday, April 4, 2011

Education Dept. Issues New Guidance for Sexual-Assault Investigations

The Chronicle of Higher Education April 4, 2011 By Lauren Sieben Vice President Joseph R. Biden Jr. and Education Secretary Arne Duncan will announce today a set of thorough guidelines for how schools and colleges should respond to allegations of sexual assault. Among them are that institutions should consider such allegations under the "more likely than not" standard of evidence, rather than the stricter "clear and convincing" standard that some now use. The guidance comes in the form of a "Dear Colleague" letter from the Education Department's Office for Civil Rights designed to clarify existing Title IX regulations. The letter provides a detailed overview of institutions' existing responsibilities under Title IX when dealing with complaints of sexual harassment and sexual violence. http://chronicle.com/article/Education-Dept-Issues-New/127004/?sid=at&utm_source=at&utm_medium=en For a copy of the OCR "Dear Colleague" Letter, click here: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf OCR Fact Sheet on Sexual Violence: http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201104.html

Sunday, February 27, 2011

Colleges’ actions in sexual assault cases scrutinized

The Boston Globe
New England Center For Investigative Reporting / February 27, 2011
Department of Education touts stricter sanctions

It was supposed to be a fun college version of Friday night at the movies. A group of students at the Massachusetts College of Art and Design in Boston gathered in a classroom building, spending the autumn evening in 2009.

But in the middle of the night, a 28-year-old sophomore said she woke to find a male student, whom she did not know apart from seeing him in class, fondling her, according to a police report. He was found responsible following a campus disciplinary procedure.

MassArt sanctioned him by placing him on probation until graduation, and ordering him to stay away from the victim and participate in an educational workshop and counseling, according to US Department of Education records obtained by the New England Center for Investigative Reporting. The victim complained to the department’s Office for Civil Rights about the inadequacy of the sanctions, but the agency determined the school did nothing wrong, the records show.drinking rum and Cokes and watching films.

Full Story: http://www.boston.com/news/local/massachusetts/articles/2011/02/27/colleges_actions_in_sexual_assault_cases_scrutinized/

Monday, December 13, 2010

Tougher Line on Sexual Harassment

Inside Higher Ed

December 10, 2010
Two Midwestern colleges will have to dramatically rework their policies and procedures regarding sexual harassment, under agreements that ended U.S. Education Department inquiries into their compliance with Title IX of the Education Amendments of 1972. The agreements by Eastern Michigan University and Notre Dame College in Ohio could have a broad impact, as other institutions are likely to take notice.
The investigations were part of what some perceive as a crackdown of sorts on Title IX compliance by the U.S. Department of Education’s Office for Civil Rights. Though the office has investigated other institutions, these two cases – which ended early when the colleges signed voluntary resolution agreements – require particularly extensive action on the part of the colleges.

Full Story: http://www.insidehighered.com/news/2010/12/10/titleix

Thursday, November 18, 2010

Wake School Board Under Probe

Education Week
Published Online: November 18, 2010
By T. Keung Hui, Thomas Goldsmith, and Mandy Locke, The News & Observer, N.C. (MCT)

Wake County school leaders will have to defend their student assignment and discipline policies to federal civil rights investigators responding to complaints filed by the NAACP.
The Office of Civil Rights investigates a third of the 6,900 complaints it receives each year, according to Jim Bradshaw, a spokesman of the U.S. Department of Education. Wake was notified about the investigation in a letter dated Nov. 5. Bradshaw said they typically try to complete investigations within six months.

Full Story: http://www.edweek.org/ew/articles/2010/11/18/13mct_ncprobe.h30.html?tkn=PWYFiGspMEyIRH4ssIyKzYcZyEPK19eBCtuy&cmp=clp-edweek

Tuesday, October 26, 2010

Feds Investigate Treatment of Minorities in Toledo Schools

Education Week
Published Online: October 26, 2010
By Christopher D. Kirkpatrick, The Blade, Toledo, Ohio

The U.S. Department of Education confirmed Monday it's investigating whether Toledo Public Schools distributes its resources in a fair way to black students for career development and college preparation.
Several groups of parents, alleging discrimination against black students, filed a complaint early last year with the federal agency's Office for Civil Rights in Cleveland.

Full Story: http://www.edweek.org/ew/articles/2010/10/26/384023ohtoledoschoolsbiasprobe_ap.html?tkn=LQUFmc0WknUmjtlVdyEvjcj8EvuaHtHHQ3E0&cmp=clp-edweek

Bullying Based on Sexual Orientation May Violate Civil Rights, Ed. Dept. Warns

Education Week
By Alyson Klein on October 26, 2010 6:01 AM
By guest blogger Christina A. Samuels

Certain types of harassment rooted in sexual orientation or religious differences may be a federal civil rights violation, even though members of those groups are not specifically protected in federal law, according to new guidance released today by the U.S. Department of Education's office of civil rights.
Title VI of the Civil Rights Act already prohibits discrimination on the basis of race, color, or national origin; Title IX prohibits discrimination on the basis of sex; and Section 504 of the Rehabilitation Act of 1973, as well as the Americans with Disabilities Act, prohibit discrimination based on disability status. Many local districts and schools have anti-bullying and harassment policies that go beyond those protected groups, said Russlyn H. Ali, the department's assistant secretary for civil rights.

Full Story: http://blogs.edweek.org/edweek/campaign-k-12/2010/10/sexual_orientation_harassment.html

Sunday, July 4, 2010

'Back in Business' on Civil Rights

Inside Higher Ed
June 29, 2010

WASHINGTON -- The standard line from President Obama and his aides is that after years of relative inattention from the Republican White House that preceded it, the new administration's civil rights infrastructure is "back in business," on the lookout for evidence of discrimination in the nation's schools and colleges.
In a pair of presentations here Monday at the annual meeting of the National Association of College and University Attorneys, a bevy of administration officials made clear that they had ambitious agenda that would use federal laws and rules both to achieve President Obama's policy goals (like increasing the number of college-going Americans) and to ensure equitable access to education for Americans regardless of background. The officials spoke mostly about efforts that are already underway: the Education Department's plan for toughened enforcement of Title IX in athletics, and its well-documented efforts to spur states to generate better data to improve the performance of colleges and schools.
But the lengthy list they presented of current and coming endeavors included several previously undisclosed investigations and inquiries, suggesting a level of activity that seemed to make the scrutiny-wary lawyers in the audience squirm just a bit.

Full Story: http://www.insidehighered.com/news/2010/06/29/nacua

Tuesday, May 18, 2010

How Much Extra Time?

Inside Higher Ed
May 18, 2010

Another fight over extra time on exams has been temporarily resolved, leaving unanswered the questions of to what extent colleges should grant accommodations to students with learning disabilities -- and who decides what adjustments are appropriate.
This time the battleground was Princeton University, where first-year student Diane E. Metcalf-Leggette sued the university last fall, charging that it stood in violation of the Americans With Disabilities Act by declining to give her twice as much time as most other students to complete exams -- Metcalf-Leggette has been diagnosed with dyslexia and attention deficit hyperactivity disorder.
Metcalf-Leggette later registered a complaint with the U.S. Department of Education in February alleging that “the university retaliated by seeking additional information about [her] disability, questioning whether the student was qualified to attend the university and pursuing certain disciplinary action against the student,” according to department records.

Full Story: http://www.insidehighered.com/news/2010/05/18/princeton

Monday, May 17, 2010

AAAA meets with Federal agency officials and Federal EEO employee representatives

On May 13th, representatives from the American Association for Affirmative Action (AAAA), board members John Gonzales, Julia Fuentes, Gregory Chambers, former Professional Development and Training Institute Chair Marjorie Powell and AAAA Executive Director Shirley Wilcher, met with representatives from three of the federal civil rights enforcement agencies: the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), the Equal Employment Opportunity Commission (EEOC) and the Department of Education’s Office for Civil Rights (OCR). AAAA also met with representatives of the federal EEO employees’ organization. This is part of an ongoing effort to introduce AAAA to the new leadership of the civil rights enforcement agencies since the election of President Barack Obama.

At the OFCCP, AAAA visited with OFCCP Director Patricia A. Shiu. Director Shiu noted the emphasis that the agency is placing on the affirmative action issues facing veterans and individuals with disabilities. The agency is also meeting with stakeholder groups on the construction regulations. Director Shiu has called for a moratorium on the Functional Affirmative Action Plan program while the agency reviews its efficacy. The Functional Affirmative Action Plans requests for renewal or for approval (for new requests) are put on hold upon further review of what is going to be done with the FAAP program. The DOL is also continuing the emphasis on compensation issues/equal pay. OFCCP is reviewing the Federal Contract Compliance Manual as well. Director Shiu urged AAAA to comment on the proposed regulations when they are published and thought that the organization could be helpful with linkages. As for the publication of formulae on adverse impact and compensation, she noted that this was a DOL policy issue and would have to be decided at that level. AAAA offered to serve as a resource and to engage in “reverse compliance assistance” where possible on higher education. OFCCP will conduct a webinar for AAAA in the coming months.

AAAA noted the anecdotal data that show the diminishing presence of EEO and Affirmative Action officers in the workplace. Director Shiu expressed an interest in seeing the results of any survey that AAAA conducts to further research the extent of this phenomenon.

At the EEOC, the AAAA representatives met with EEOC Commissioner Stuart Ishimaru and discussed the E-Race Initiative begun during the administration of Naomi Earp. He noted that issues of race discrimination continued to need emphasis, even while EEOC takes on other important issues. Other issues that Commissioner Ishimaru was concerned with include technology, helping younger people to know their rights, the changing demographics and ways to reach different constituencies. It was suggested that EEOC add more resource tools for employers who want to audit themselves and to be proactive in promoting equal employment opportunity.

The issue of diversity in higher education was a major discussion point with the Office for Civil Rights meeting. AAAA met with Deputy Assistant Secretary Ricardo Soto and his colleagues. We urged the agency to clarify the responsibilities of colleges and universities since the Grutter decision on affirmative action, and provide guidance and best practices so that colleges and universities can comply with the new administration’s civil rights enforcement expectations. We also discussed workforce preparation challenges at the K-12 levels and the continuing importance of eliminating barriers to equal education opportunity. DAS Soto noted that OCR has 600 FTEs (staff) and conducts 6300 complaint investigations per year. The goal is to process each complaint within 180 days. In 2010, OCR plans to conduct 38 compliance reviews.

--SJW 5/17/10

Wednesday, April 21, 2010

Vice President Biden Announces Strengthening of Title IX




U.S. Department of Education

Office for Civil Rights

FOR RELEASE:April 20, 2010

Washington, D.C. — Today, Vice President Biden announced that the Administration has issued a 'Dear Colleague' letter that withdraws a 2005 interpretation of Title IX policy. Enacted in 1972, Title IX mandates that any educational institution receiving federal funding for programs and activities cannot discriminate on the basis of sex. The 2005 policy issued compliance standards that were widely criticized for being inadequate and inconsistent with Title IX's nondiscrimination goals. Today's announcement reverses this interpretation, and returns to a more thorough test for assessing compliance with Title IX. Secretary of Education Arne Duncan and Senior White House Advisor Valerie Jarrett, Chair of the White House Council on Women and Girls, joined the Vice President at George Washington University for this announcement.
"Making Title IX as strong as possible is a no-brainer," said Vice President Biden. "What we're doing here today will better ensure equal opportunity in athletics, and allow women to realize their potential - so this nation can realize its potential."
"There is no doubt that Title IX has dramatically increased athletic, academic, and employment opportunities for women and girls, and educational institutions have made big strides in providing equal opportunities in sports," said Secretary Duncan. "Yet discrimination continues to exist in college athletic programs—and we should be vigilant in enforcing the law and protecting this important civil right."
For more than three decades, the Department of Education's Office for Civil Rights (OCR) has provided three options to determine whether athletic programs at colleges, universities and secondary schools provide equal opportunities for athletic participation. Under one of these three options, OCR policy evaluated multiple indicators to determine the athletic interests and abilities of the underrepresented sex at educational institutions. The new 'Dear Colleague' letter clarifies that OCR does not consider survey results alone to be sufficient evidence of a lack of student interest or ability in sports.
Today's event at George Washington University also provided sports activities for youth.
"Title IX has helped women to compete at all levels in athletics, which today's event showcased," said Valerie Jarrett. "By working through the agencies, the White House Council on Women and Girls will continue to support laws such as Title IX that provide opportunities for young girls to get ahead in life."
Today's 'Dear Colleague' letter also provides recommendations for effective procedures for collecting, maintaining, and evaluating information on students' interests and abilities, including technical assistance on the nondiscriminatory design and implementation of surveys as one indicator among others of student interests and abilities.
For more information about Title IX, or to review the 'Dear Colleague' letter, please visit: http://www.blogger.com/about/offices/list/ocr/publications.html#TitleIX-Docs
###


To review the OCR Dear Colleague Letter, go to: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20100420.pdf


Tuesday, April 20, 2010

Reversing Bush on Title IX

Inside Higher Ed
April 20, 2010

WASHINGTON -- Undoing another legacy of its predecessor, the Obama administration today plans to withdraw a 2005 clarification of a federal anti-discrimination law that critics saw as weakening enforcement of gender equity in college athletics.
Vice President Biden, joined by Education Secretary Arne Duncan and other administration officials, will announce at an event at George Washington University today that they have issued a “Dear Colleague” letter overturning the 2005 interpretation of Title IX of the Education Amendments of 1972. That policy allowed colleges and schools to use an e-mailed or Web-based survey alone to prove that they are “fully and effectively” meeting the athletics “interests and abilities” of female athletes.
Title IX, which bars gender discrimination by educational institutions that receive federal funds, gives colleges and schools three options for proving that they are providing equitable athletics opportunities to both sexes: they can have percentages of male and female athletes that are substantially proportionate to the percentage of enrolled male and female students; have a history and continuing practice of expanding participation opportunities for the underrepresented sex (almost always women); or “fully and effectively" accommodate the interests and abilities of the underrepresented sex.

Full Story: http://www.insidehighered.com/news/2010/04/20/titleix

For a copy of the U.S. Commission on Civil Rights' position on Title IX surveys, go to: http://www.usccr.gov/pubs/TitleIX-2010.pdf