Title IX
Title IX of Education Amendments of 1972
On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments of 1972. The legislation prohibits sex-based discrimination in education and serves as the cornerstone for gender equity in sports today.
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
History - Civil Rights Act
Civil Rights Act of 1964
Sex discrimination was prohibited by federal law in 1964 with the passage of the Civil Rights Act.
The Civil Rights Act of 1964 was landmark legislation that prohibits discrimination on the basis of race, color, religion, sex, and national origin in employment and all public places (schools, hotels, restaurants).
Title VII of the Civil Rights Act of 1964 prohibits race, color, national origin, religion and sex-based discrimination in employment but did not apply to sex-discrimination in education.
Since the passage of the Civil Rights Act, a series of federal laws have clarified the meaning of discrimination and expanded civil rights for Americans. Title IX was one of the anti-discrimination laws that Congressed passed.
In response to widespread discrimination that women faced in all aspects of education (students, professors, administrators) – Title IX was passed to close the education loophole.
Title IX - Education Amendments Act of 1972
Title IX – Education Amendments Act of 1972 – closed the Civil Rights Act of 1964 loophole and prohibited sex-based discrimination in federally funded educational programs or activities.
Athletics
Education
While the statute did not stipulate “athletics” – Title IX had a profound impact on expanding the opportunities for girls and women to play sports in school and receive equal treatment.
Title IX gender equity regulations relating to athletics became effective on July 21, 1975. The Regulations mandate equal access to athletic opportunities and equal treatment in those opportunities.
Scope of Title IX
Two Part Test
To be subject to Title IX, an institution, person or entity must meet two part test:
1. "Education Program or Activity" - Program or Activity
2. "Receiving Federal Financial Assistance" - Recipient
1975 Regulations
Title IX Regulations adopted in 1975 apply to all educational programs and activities, including athletics – interscholastic, intercollegiate, club or intramural athletics.
A recipient of federal financial assistance shall provide equal athletic opportunity for members of both sexes. In determining whether equal opportunities are available, factors considered include:
- Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes;
- Provision of equipment and supplies
- Scheduling of games and practice times
- Travel and per diem allowances
- Opportunity to receive coaching and academic tutoring
- Assignment and compensation of coaches and tutors
- Provision of locker rooms, practice and competitive facilities
- Provision of medical and training facilities and services
- Provision of housing and dining facilities and services
- Publicity
No one shall be treated differently than any other person on the basis of sex.
1979 Policy Interpretation
Equal Opportunity for Participation
Accommodate Effectively Interests & Abilities
Three-Part Test
A recipient of federal financial assistance which operates or sponsors athletics must provide an equal athletic opportunity for members of both sexes.
To comply with Title IX, an educational institution must meet one of three prongs:
A recipient of federal financial assistance which operates or sponsors athletics must provide an equal athletic opportunity for members of both sexes.
To comply with Title IX, an educational institution must meet one of three prongs:
Whether intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments.
Where the members of one sex have been and are underrepresented among intercollegiate athletes, whether the institution can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interests and abilities of that sex.
Where the members of one sex are underrepresented among intercollegiate athletes, and the institution cannot show a continuing practice or program expansion – whether it can be demonstrated that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program.
History
While the original statute made no reference to sports, the law has primarily been utilized with athletic programs where participation metrics are indicators of potential discrimination. Fifty years after the landmark legislation, Title IX remains one of the most controversial aspects of college sports today.
Title VII - Civil Rights Act (1964)
Federal law prohibits sex-based discrimination in employment
1964Title IX - Education Amendments Act (1972)
In 1972, Congress passed Title IX of the Education Amendments to the Civil Rights Act of 1964
President Richard Nixon signed Title IX into law
Title IX prohibits sex-based discrimination in education
June 23, 1972Tower Amendment (1974)
Senator John Tower tried to exclude "revenue producing" sports from Title IX coverage
1974Javits Amendment (1974)
Senator Jacob Javits - Unequal spending for different sports permitted based on nature of particular sport
1974Regulations (1975) - Equal Opportunity
Effectively accommodate interests and abilities.
Additional Factors: equipment, scheduling, travel, coaches & compensation, locker rooms, practice times, training facilities, housing and publicity
1975NCAA vs U.S. Dept. HEW (1976)
NCAA filed lawsuit against U.S. Dept. of Health, Education and Welfare (HEW) to challenge the validity of of Title IX. NCAA lost the lawsuit and started to govern women's athletics in 1982.
1976Policy Interpretation (1979) - Three Prong Test
Prong One: Substantially Proportionate
Prong Two: History and continuing practice of program expansion
Prong Three: Fully and effectively accommodate interest and abilities
1979Grove City vs Bell (1984) - Supreme Court
Supreme Court ruled Title IX only applied to programs or activities that directly received federal funding. Athletics excluded from Title IX coverage.
Four years later, Congress passed Civil Rights Restoration Act (1988) to extend Title IX protection to include athletics.
1984Civil Rights Restoration Act (1988)
Congress passed Civil Rights Restoration Act (1988) to extend Title IX protection for indirect recipients of federal funding.
1988NCAA Gender Equity Task Force (1992)
NCAA created task force to evaluate gender equity in college sports. NCAA Gender Equity Study indicated 70% of intercollegiate participants, 77% of athletic operating budgets and 83% of recruiting funds spent on men's athletics.
1992Franklin vs Gwinnett Public Schools (1992)
Supreme Court ruled that Title IX plaintiffs could recover monetary damages and attorney fees for intentional discrimination.
1992Equity in Athletics Disclosure Act (1994)
NCAA mandated all member institutions disclose participation and spending for intercollegiate athletics annually.
1994Commission on Opportunity in Athletics (2002)
President Bush appointed commission to study Title IX which reaffirmed the law. But in 2005, Dept. of Education issued a clarification that participation needs could be met by using an email survey.
2002Rescinded Email Survey (2010)
President Obama rescinded President Bush's 2005 email survey clarification.
2010