BSLW6604 Lecture 19: Title IX
8 Jun 2018
School
Department
Course
Professor
Title IX
1. Legislative History
a. Title IX of the Educational Amendments (1972)
i. “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”
b. Became law on July 1, 1972
c. Athletics and athletic programs not specifically mentioned in the law until 1974 when
language was updated
i. This included the fact that all federal recipients of federal aid must provide
“reasonable opportunities” for genders to receive scholarship aid
ii. This is accomplished thought the ratio of male to female participants
iii. Lots of interpretation discussions
d. In December 1979, the Office of Civil Rights (OCR) released the official policy
interpretation which also specifically included guidelines for scholastic and
intercollegiate athletics
2. OCR Policy Interpretation (1979) – 3 Main Areas of Compliance
a. The extent to which the institution has met the interests and abilities of male and female
students
i. Intercollegiate competitive opportunities provided in numbers substantially
proportionate to the respective enrollment of each gender
ii. The institution’s current and historical practice of program expansion is
responsive to the athletic interests of the underrepresented gender
iii. The institution fully accommodates the abilities and interests of the
underrepresented gender in the current program
b. An assessment of the financial assistance that male and female athletes receive from the
institution is taken. Are athletic scholarships awarded on a “substantially proportional”
basis?
i. This includes the proportion of scholarship dollars that are spend on male and
female athletes against the proportion of athletes of each gender
ii. If there is a disparity, compliance may still be found if there are legitimate and
non-discriminatory factors (ex. In-state v out-of-state tuition)
c. The degree to which the institution provides equal treatment, benefits, and opportunities
in certain program areas. Both gender should receive comparable of equivalent services
in the following areas:
i. Equipment and supplies
ii. Scheduling of games and practice times
iii. Travel and per diem allowances
iv. Coaching and compensation of coaches
v. Learning resources
vi. Facilities, both training and medical
vii. Marketing and publicity
viii. Recruitment
3. OCR Other
a. There may be differences between the genders because of the following factors:
i. Unique nature of a particular sport
ii. Costs of crowd control
iii. Differences that have not been remedied BUT that an institution is voluntarily
working on
b. Title IX does not require a sport by sport comparison but an overall program assessment
c. OCR Reviews
find more resources at oneclass.com
find more resources at oneclass.com
