Title IX Laws and College Sport
Research paper by Michael Lancaster
According to the Education Amendments of 1972, 20 USC section 168, “Title IX is a Federal statute that was created to prohibit sex discrimination in education programs that receive Federal financial assistance. Nearly every educational institution is a recipient of Federal funds and, thus, is required to comply with Title IX” (NCAA 2005). The preamble to Title IX 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 subject to discrimination under any educational programs or activity receiving federal financial assistance” (NCAA 2005). This law is enforced by the Office for Civil Rights of the United States Department of Education (United States Department of Labor 1972). In the original amendment, there was no clear statement that Title IX had anything to do with athletic programs. This brought much confusion whether Title IX affected varsity sports. Two years later, Senator Jacob Javits and Congress passed the Javits Amendment in 1974, which became part of Title IX. This amendment clearly stated that Title IX would be inclusive in all athletics.
According to NCAA.org, Athletics programs are considered educational programs and activities. There are three basic parts of the Title IX as it applies to athletics:
Title IX requires that women and men be provided equitable opportunities to participate in sports. Title IX does not require institutions to offer identical sports but an equal opportunity to play.
Title IX requires that female and male student athletes receive athletic scholarship dollars proportional to their participation.
Title IX requires the equal treatment of female and male student athletes in the provisions of (a) equipment and supplies, (b) scheduling of games and practice times, (c) travel and daily allowance/per diem, (d) access to tutoring, (e) coaching, (f) locker rooms and practice and competitive facilities, (g) medical and training facilities and services, (h) housing and dining facilities and services, (i) publicity and promotions, (j) support services, and (k) recruitment of student athletes.
In order to be Title IX compliant, an institution must meet all of the following requirements, and for participation requirements, institution officials must meet one of the following three tests. An institution may:
Provide participation opportunities for women and men that are substantially proportionate to their respective rates of enrollment of full-time undergraduate students
Demonstrate a history and continuing practice of program expansion for the underrepresented sex
Fully and effectively accommodate the interests and abilities of the underrepresented sex, and female and male student athletes must receive athletic scholarship dollars proportional to their participation and equal treatment in the eleven provisions as mentioned above
“An athletics program can be considered gender equitable when the participants in both the men’s and women’s sports programs would accept as fair and equitable the overall program of the other gender. No individual should be discriminated against on the basis of gender, institutionally or nationally, in intercollegiate athletics” (NCAA Gender-Equity Task Force 2005).
There are many people who believe that Title IX laws are certainly helping the growth of women in sports. On the other hand, there are many people who believe that Title IX has already satisfactorily given women an equal opportunity at the intercollegiate level, and now men’s athletic programs and scholarships are being cut because of it. Through my research, I will discover exactly how Title IX laws have affected men’s and women’s athletic programs, participation, and scholarships awarded.
This paper is in 10 parts. This is part 2.