require agencies to conduct periodic compliance reviews of their grant 

 recipients.' A compliance review is an agency-initiated assessment of 

 grantees to determine if they are complying with the law. Agencies must 

 also make a prompt investigation in response to timely written complaints 

 from individuals who allege that a grantee has engaged in sex 

 discrimination, or whenever a compUance review or any other infonnation 

 indicates a possible failme to comply with Title EX. If the investigatmg 

 agency does not find evidence that the grantee has failed to comply with 

 Title IX, it must inform both the grant recipient and the complainant in 

 writing. If the investigating agency does find evidence of noncompliance 

 with Title IX, then the agency must first attempt to resolve the matter 

 infomicilly. For example, the agency could attempt to mediate the issue to 

 encourage the grantee to volimtarily modify its activities in order to 

 comply with the law. If the matter cannot be resolved informally, then the 

 agency must take additional steps to secure compliance, including 

 suspending or terminating federal financial assistance. Lidividuals or 

 groups are allowed to file their complaints with grantees or with fimding 

 agencies such as Education or NSF. If complainants are not satisfied with 

 the result of investigations, they can file their complaints with another 

 entity. For example, if a complaint is filed at the grantee level and the 

 complainant is unhappy with the result, he or she can file a complaint at 

 the agency level. In addition to filing complaints, individuals or groups 

 have the option of filing suit in federal court. (See app. IH for information 

 on selected legal cases and events involving Title IX since 1972.) 



While federal agencies have primary responsibility for ensuring 

 compUance with Title IX, recipients of federal grants also have some 

 comphance responsibiUties. For example, grantees are required to provide 

 assurances that their education programs or activities are operated in 

 compUance with Title IX. Grantees are also required to designate at least 

 one employee to coordinate their compliance efforts and to establish 

 complaint procedures to resolve student and employee Title IX 



'Education published Title IX regulations in 197.5, while Energy pubUshed its original 

 regulations in 1980. A final common nile was published in August 2000 on Title IX 

 enforcement for several agencies, including NASA and NSF. Energy replaced its previous 

 regulations with the provisions of the conunon rule in 2001. The Title IX regulations for all 

 four agencies that we examined are substantially the same and for purposes of this report 

 any reference to a regulatory requirement is appUcable to all four agencies. All agencies' 

 Title IX regulations also incorporate their respective procediu^al regulations, including 

 complaint procedure requirements, for Title VI of the Civil Rights Act of 1964, which 

 prohibits discrimination on the basis of race in any program or activity receiving federal 

 funds. 



Page 5 GAO-04-639 Gender Issues 



