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Title VI
Title VI of the Civil Rights Act of 1964 was adopted as part of the landmark civil rights law designed to outlaw racial discrimination in schools, public places, and employment. The legislation was extremely controversial at the time and survived a 54-day filibuster in the U.S. Senate before its passage. According to Title VI, “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any program receiving Federal financial assistance” (42 U.S.C. § 2000d).
Eight years later, Congress enacted Title IX of the Educational Amendments of 1972, which prohibits discrimination on the basis of sex using the exact same wording as Title VI. Insofar as the two statutes contain virtually identical language, the U.S. Supreme Court has held that cases interpreting one of the laws can generally be applied to the other. This entry first reviews the scope of the statute, the mechanisms by which it is enforced, and the criteria for establishing a case under Title VI. It then considers several issues that have been litigated under Title VI, including affirmative action, race-exclusive scholarships, and academic standards for athletic eligibility.
Scope
The scope of Title VI is coextensive with judicial interpretation of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution (Guardians Association v. Civil Service Commission of the City of New York, 1983). Because the Fourteenth Amendment is triggered by state action, Title VI has no practical effect on private institutions of higher education that do not receive federal financial assistance. Even so, Title VI plays an important role in extending the protections of the Equal Protection Clause to private institutions of higher education.
In a key case involving a private institution, Grove City College v. Bell (1984), the Supreme Court ruled that Title VI and Title IX applied only to discrimination in a particular program receiving federal funds. Under this precedent, colleges and universities could, in theory, have engaged in widespread racial discrimination, as long as there was no discrimination in their programs receiving federal funds. In response to the Court's decision, Congress amended Title VI with the Civil Rights Restoration Act of 1987 and changed the definition of “program” to include “all of the operations” of an institution. As a result, institutions of higher education that receive as little as one dollar in federal funds are prohibited from racially discriminating anywhere on their campuses.
Enforcement
Title VI employs two enforcement mechanisms. The first is for the federal government to threaten withdrawal of federal funds if it finds that unlawful discrimination is occurring. Title VI derives its power from the Spending Clause of the U.S. Constitution, which is located in Article I, Section 8, Clause 1. Insofar as Title VI conditions receipt of federal funds on compliance with federal requirements, and courts view it as a contract, it is interpreted using regular contract principles. Consequently, institutional officials must know that actions are unlawful at the time that they agree to take the federal funds (Gebser v. Lago Vista Independent School District, 1998).
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- Cases in Higher Education Law: Affirmative Action and Race-Based Admissions
- Cases in Higher Education Law: Disability
- Cases in Higher Education Law: Faculty Issues
- Board of Curators of the University of Missouri v. Horowitz
- Board of Regents of State Colleges v. Roth
- Keyishian v. Board of Regents of the University of the State of New York
- Kimel v. Florida Board of Regents
- Knight v. Board of Regents of the University of the State of New York
- Lehnert v. Ferris Faculty Association
- National Labor Relations Board v. Yeshiva University
- Perry v. Sindermann
- Regents of the University of Michigan v. Ewing
- Slochower v. Board of Higher Education of New York City
- Sweezy v. New Hampshire
- Urofsky v. Gilmore
- Cases in Higher Education Law: Finance and Governance
- Cases in Higher Education Law: Gender Equity
- Cases in Higher Education Law: Religion and Freedom of Speech
- Board of Regents of the University of Wisconsin System v. Southworth
- Bob Jones University v. United States
- Healy v. James
- Hunt v. McNair
- Locke v. Davey
- Papish v. Board of Curators of the University of Missouri
- Roemer v. Board of Public Works of Maryland
- Rosenberger v. Rector and Visitors of the University of Virginia
- Tilton v. Richardson
- Widmar v. Vincent
- Concepts, Theories, and Legal Principles
- Academic Abstention
- Academic Dishonesty
- Academic Freedom
- Affirmative Action
- Catalogs as Contracts
- Conflict of Commitment
- Conflict of Interest
- Copyright
- Disparate Impact
- Due Process, Substantive and Procedural
- Educational Malpractice
- Equal Protection Analysis
- Ex Corde Ecclesiae and American Catholic Higher Education
- Fair Use
- Hate Crimes
- Intellectual Property
- Student Moral Development
- Tax Exemptions for Colleges and Universities
- Tenure
- U.S. Supreme Court Cases in Higher Education
- Zoning
- Constitutional Rights and Issues
- Affirmative Action
- Age Discrimination
- Bill of Rights
- Civil Rights Movement
- Disciplinary Sanctions and Due Process Rights
- Disparate Impact
- Drug Testing of Students
- Due Process, Substantive and Procedural
- Eleventh Amendment
- Equal Protection Analysis
- Federalism
- Fourteenth Amendment
- Fourth Amendment Rights of Faculty
- Fourth Amendment Rights of Students
- Free Speech and Expression Rights of Students
- Hate Crimes
- Hostile Work Environment
- Loyalty Oaths
- Political Activities and Speech of Faculty Members
- Privacy Rights of Faculty Members
- Privacy Rights of Students
- Religious Activities on Campus
- Sexual Harassment of Students by Faculty Members
- Sexual Harassment, Peer-to-Peer
- Sexual Harassment, Quid Pro Quo
- Sexual Harassment, Same-Sex
- Sexual Orientation
- Sports Programming and Scheduling
- State Aid and the Establishment Clause
- Student Press
- Title IX and Athletics
- Title IX and Retaliation
- Title IX and Sexual Harassment
- Unions on Campus
- Faculty Rights
- Governance and Finance
- Academic Dishonesty
- Age Discrimination in Employment Act
- Boards of Trustees
- Catalogs as Contracts
- Cheating and Academic Discipline
- Collective Bargaining
- Conflict of Commitment
- Conflict of Interest
- Crime Awareness and Campus Security Act
- Due Process Rights in Faculty and Staff Dismissal
- Equal Pay Act
- Extracurricular Activities, Law, and Policy
- Family Educational Rights and Privacy Act
- Grading Practices
- Graduation Requirements
- Hazing
- Hostile Work Environment
- Loans and Federal Aid
- Personnel Records
- Sports Programming and Scheduling
- Student Press
- Tenure
- Unions on Campus
- Organizations and Institutions
- American Association of University Professors
- American Association of University Women
- Association for the Study of Higher Education
- Boards of Trustees
- Community or Junior Colleges
- Education Law Association
- Equal Employment Opportunity Commission
- Historically Black Colleges and Universities
- National Association of College and University Attorneys
- National Collegiate Athletic Association
- Proprietary or For-Profit Colleges and Universities
- Religious Colleges and Universities
- Single-Sex Colleges
- U.S. Department of Education
- Unions on Campus
- Primary Sources: Excerpts from Landmark U.S. Supreme Court Cases
- Berea College v. Kentucky
- Board of Curators of the University of Missouri v. Horowitz
- Board of Regents of State Colleges v. Roth
- Board of Regents of the University of Wisconsin System v. Southworth
- Cannon v. University of Chicago
- DeFunis v. Odegaard
- Gratz v. Bollinger
- Grove City College v. Bell
- Grutter v. Bollinger
- Healy v. James
- Hunt v. McNair
- Keyishian v. Board of Regents of the University of the State of New York
- Lehnert v. Ferris Faculty Association
- Locke v. Davey
- McLaurin v. Oklahoma State Regents for Higher Education
- Mississippi University for Women v. Hogan
- National Labor Relations Board v. Yeshiva University
- Papish v. Board of Curators of the University of Missouri
- Perry v. Sindermann
- Regents of the University of California v. Bakke
- Regents of the University of Michigan v. Ewing
- Rosenberger v. Rector and Visitors of the University of Virginia
- Rumsfeld v. Forum for Academic and Institutional Rights
- Southeastern Community College v. Davis
- Sweatt v. Painter
- Sweezy v. New Hampshire
- Tilton v. Richardson
- Trustees of Dartmouth College v. Woodward
- United States v. Virginia
- University of Pennsylvania v. Equal Employment Opportunity Commission
- Religion and Freedom of Speech
- Academic Freedom
- Civil Rights Act of 1871, Section 1983
- Due Process, Substantive and Procedural
- Ex Corde Ecclesiae and American Catholic Higher Education
- Federalism
- Free Speech and Expression Rights of Students
- Religious Activities on Campus
- Religious Colleges and Universities
- Religious Freedom Restoration Act
- State Aid and the Establishment Clause
- Student Press
- Statutes
- Age Discrimination in Employment Act
- Americans with Disabilities Act
- Civil Rights Act of 1871, Section 1983
- Civil Rights Act of 1964
- Civil Rights Restoration Act of 1987
- Clery Act
- Crime Awareness and Campus Security Act
- Digital Millennium Copyright Act
- Equal Educational Opportunities Act
- Equal Pay Act
- Family and Medical Leave Act
- Family Educational Rights and Privacy Act
- Higher Education Act
- Immigration Reform and Control Act
- Morrill Acts
- National Labor Relations Act
- Rehabilitation Act, Section 504
- Religious Freedom Restoration Act
- Stafford Act
- Tax Exemptions for Colleges and Universities
- Title IX and Athletics
- Title IX and Retaliation
- Title IX and Sexual Harassment
- Title VI
- Title VII
- Student Rights and Welfare
- Academic Dishonesty
- Assistive Technology
- Cheating and Academic Discipline
- Cyberbullying
- Disciplinary Sanctions and Due Process Rights
- Disparate Impact
- Drug Testing of Students
- Extracurricular Activities, Law, and Policy
- Fourth Amendment Rights of Students
- Free Speech and Expression Rights of Students
- Grading Practices
- Graduation Requirements
- Hate Crimes
- Hazing
- Loans and Federal Aid
- Privacy Rights of Students
- Sexual Harassment of Students by Faculty Members
- Sexual Harassment, Peer-to-Peer
- Sexual Harassment, Quid Pro Quo
- Sexual Harassment, Same-Sex
- Sexual Orientation
- Sports Programming and Scheduling
- Student Moral Development
- Student Press
- Student Suicides
- Student Teachers, Rights of
- Video Surveillance
- Technology
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