Title+IX+Sec+2


 * 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...**
 * —United States Code Section 20,**


 * [[image:http://www.aclu.org/files/images/womensrights/girl_titleix.jpg width="225" height="250" align="left" caption="Image found at http://www.aclu.org/files/images/womensrights/girl_titleix.jpg, Permission Pending"]][[image:http://farm3.static.flickr.com/2733/4326067784_02e9f2e49f.jpg align="right" caption="Stevie Rocco, "Statisticians" September 28, 2010 via Flickr, Creative Commons Attribution"]] ||

Title IX: An Ever Changing Landscape
Since 1972 there have been many changes regarding Title IX and its use in our schools today. From the beginning, Title IX was a way for female students to break into the sports arena and become athletes. Title IX brought female sports to high schools and beyond. Unfortunately this also brought a slew of lawsuits along with it. Recently, one of the most arguable lawsuits that is still pending is in regards to wrestling being eliminated from schools due to Title IX. Many schools allow females to compete, but this is still controversial in the realm of organized sports. The debate is still in the air as to whether an amendment will be passed outlawing the evening of sports teams by eliminating wrestling teams.

The following is a short time line highlighting the advancements put into place with Title IX:

June 3, 1972: Education Amendment Title IX is put into place. Schools can no longer deny the rights to participate in any educational program or activity based on gender. 1974: An amendment is proposed that will exclude money-making events and sports from Title IX. The amendment fails to pass. 1975: Schools were given until this year to adhere to all regulations set about in Title IX. 1978: The final guidelines regarding Title IX were sent to schools by the Health, Education, and Welfare Department. 1984: The Supreme Court rules that only college programs that receive federal funding fall under the regulations in Title IX in a case involving Grove City College. 1988: The Grove City College case is overturned by the Civil Rights Restoration Act. The decision stated that Title IX applies to any activity occurring at a college that receives ANY federal funding. 2001: Female enrollment in high school sports rises to 41.5 percent compared to 7.4 before Title IX. January 16, 2002: The National Wrestling Coaches Association presents a lawsuit to protect sports from being eliminated in compliance with Title IX.

Events that shaped Title IX

 * The origins of Title IX trace back to the Civil Rights Acts of 1964, though they were officially signed into law by President Nixon on June 23, 1972. In 1965, presidential Executive Order 11246 was put into place, which prohibited federal contractors from discrimination of employees based on race, color, religion, and national origin. This order was amended on October 13, 1968 by President Johnson to include discrimination based on sex.


 * In 1969, Bernice Sandler was the first person to use the order for the benefit of women when she fought for her job at the University of Maryland. After a speech made to the U.S. Congress on March 9, 1970 discussing discrimination of women in education, Harvard University began an investigation involving sex discrimination.


 * During June and July of 1970, Representative Edith Green drafted legislation prohibiting sex discrimination and held the first congressional hearings that were the first steps towards enacting Title IX. In 1971 alone, there were five proposals made to end discrimination based on sex in education. Title IX was adopted by the Conference Committee and sent to the full Senate, which approved it on May 22, 1972. It then went to the House, and was passed on June 8. President Nixon signed Title IX on June 23, and on July 1 it went into effect.


 * After the passing of Title IX, three other civil rights legislations were passed: Section 504 of the Rehabilitation Act of 1973 which prohibited disability discrimination, the Age Discrimination Act of 1975, and Title II of the Americans with Disabilities Act. Also, with the passing of Title IX, the Women’s Educational Equity Act was passed in 1974, which made education for girls for equitable by using incentives and guidance to schools.


 * Originally, Title IX did not cover women’s equality in athletics, which was President Nixon’s final step with the amendment. Though athletics were one of the biggest issues to come out of Title IX, it is important to remember it was not the only aspect of the document.


 * Since its passage in 1972, Title IX has had a huge impact on helping to change attitudes, beliefs, and behavior about how sexual stereotypes can limit educational opportunities. We now know that gender is a poor predictor of one's interests, proficiency in academic subjects, or athletic ability.

Some Statistics:
In 2001: 41.5% of high school athletes in the U.S. were women, compared to 7.4 percent in 1972. 43% of college varsity athletes were women – an increase of more than 403% compared to 1971. 69% of junior high students, compared with 26% in 1993, said that their schools have a policy to deal with sexual harassment and complaints.

2003-04: Women earned 57% of all bachelor's degrees, Women earned 59% of all master's degrees, compared to 49% in 1979-80. Women earned 47% of all doctoral level degrees, compared to 30% in 1979-80.

In 2006: 2.95 million women athletes played competitive sports, compared to fewer than 300,000 in 1972.

In 2007: The number of women participating in college athletics exceeds 166,000, compared to just 32,000 in 1972.



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The Office of Civil Rights as a part of the U.S. Department of Education that runs title IX. Therefore any school or institution that receives public funding is subject is effected by any decisions made because of this law. The problem with this of course is the amount of schools funding sports teams use little of the provided federal funds towards their school’s sports teams but are still subjected to the law regardless of the amount of benefits they receive. This law also includes regulations to make universities that receive any federal funds to provide self-evaluations to whether or not their schools are providing equal opportunity for each sex. The schools must also provide written evidence that they are complying with federal regulations in order to use the equipment/facilities, which was bought with our nation's tax dollars.======

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The way that these Institutions are tested for compliance based on legislation given by Jimmy Carter's administration which allows a school to show they are eligible for receiving aide based on this three-prong test:======

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• 1. Prong one - Providing athletic participation opportunities that are substantially proportionate to the student enrollment, OR======

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• 2. Prong two - Demonstrate a continual expansion of athletic opportunities for the underrepresented sex,======

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OR • 3. Prong three - Full and effective accommodation of the interest and ability of underrepresented sex.======

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Any school can provide evidence of their accommodations by meeting one of these three options to show compliance to the law.======

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The problem and controversy that has risen today is the provisions of title IX according to some see this as a direct blow to collegiate men’s sports by discriminating against them and reducing the opportunity for funding based on leveling the playing field between men and women. This doesn’t account for gender’s particular interest in playing as the U.S. Commission on Civil Rights recommended providing a survey to demonstrate female interest and abilities while still satisfying title IX and receiving funding for their school. The problem that Commission states is that the way it’s currently written as a law states that “underrepresented sex” usually applies directly towards women and it is in their opinion that men’s sports take a direct hit for splitting their funding to create a team with equal provisions that do not have an equal amount of participation.======

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Though Title IX as it stands isn’t perfect in satisfying both sexes in one way or another it has made great strides in achieving balance between gender within sports on campuses. Until there is a measure that can effectively create coed opportunities for all those interested in playing without discrimination this measure is in vein. But It still remains a hot button issue 38 years later in terms of both implementing and regulating the law within all publicly funded universities in our country. This was a great step to begin our thinking of equality for all regardless of gender but there is still much to be done in terms of making sure there is no discrimination or bias based on difference within our schools.======

Major Issues and Problems With Title IX


In addition to the controversy surrounding schools that faced losing their federal funding if they did not comply with Title IX, there have been other issues that have followed the decree since it's introduction. With high impact sports such as football, lacrosse and wrestling, many people have issues not with the fact that women and girls want to play, but rather take issue with the prospect of going up against them. Male wrestlers and football players nationwide have expressed very real distress over the Title IX possibility that they may have to physically engage with a female to further their sports title, and will have to decide whether to go easy on the female athlete or to simply try their hardest. This issue has often been brought before school boards by parents and students alike over the years, and often despite the Title IX laws many female athletes are quietly dissuaded from participation in these types of sports.



Another issue that is common with Title IX is the overall balance of male and female sports. Although not universal, it is common for schools (even schools with a higher female population) to have a higher percentage of male athletes. Due to this, it has not been rare in the past for male sports to outnumber more classic female sports. Title IX demands that there be a balance, and unfortunately in some schools sports have been cut from budgets despite student interest due to the fact that there simply isn't enough interest to build a matching female sport. In this way Title IX, for all the good it does, can have the downside of depriving students of sports for the sake of equality.

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