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Title IX

Title IX, the Education Amendments of 1972, is a federal act that states: "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" (Costa, 95). It was passed in Congress and signed by President Richard M. Nixon in 1972 and became law in 1975. Schools and universities had three years to comply, but there have been major problems with compliance throughout the country. It is often not being enforced unless someone files a lawsuit. Here we will look at Title IX itself, the important court cases that have applied to compliance issues, and the current compliance issues. Since Title IX is the federal law that prohibits sex discrimination in educational institutions that receive federal funds from the U.S. Department of Education, it applies to a wide range of school programs and activities, including interscholastic athletics. Under Title IX, school districts must provide females and males with equal athletic opportunities. The focus of Title IX is on overall program equality, not comparisons between specific sports. Title


There seemed to be almost unanimous agreement that the Supreme Court's decision was harmful. The decision discouraged women's right advocates. However, like with other court decisions, there has not been full compliance (Nelson, 184). If there is a disparity found in one component, a school or university may assert that the disparity if offset by advantages elsewhere in the athletic program. Issues involving Title IX have made it all the way to the Supreme Court. One factor is "whether the intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments. The school refused to sign its compliance form, not because, they claim, it "wanted to discriminate against women but on principle, because it wanted to remain free of governmental interference" (Festle, 219). Justice William Brennan spoke for the minority, rejecting the Court's narrow reading because it ignored the legislative history of Title IX, the accepted meaning of the statutory language, and the unique post-enactment history of the law. These cases have led to more exposure for Title IX and have publicized compliance issues. The settlement stipulates that if Brown eliminates or downgrades a women's team or increases participation on men's teams, the participation rate for female athletes must be within 2. The 1984 decision handed down by the Supreme Court in Grove City College v.

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