Title IX of the Educational Amendments of 1972 is
the landmark legislation that bans sex discrimination in schools,
whether it be in academics or athletics. Title IX states:
"No person in the U.S. shall, on the basis of
sex be excluded from participation in, or denied the benefits
of, or be subjected to discrimination under any educational program
or activity receiving federal aid."
Athletics has created the most controversy regarding Title IX, but
its gains in education and academics are notable. Before Title IX,
many schools refused to admit women or enforced strict limits. Some
statistics highlighting the advancements follow:
- In 1994, women received 38% of medical degrees, compared
with 9% in 1972.
- In 1994, women earned 43% of law degrees, compared with 7%
- In 1994, 44% of all doctoral degrees to U.S. citizens went
to women, up from 25% in 1977.
Title IX governs the overall equity of treatment
and opportunity in athletics while giving schools the flexibility
to choose sports based on student body interest, geographic influence,
budget restraints, and gender ratio. In other words, it is not a
matter of women being able to participate in wrestling or that exactly
the same amount of money is spent per women's and men's basketball
player. Instead, the focus is on the necessity for women to have
equal opportunities as men on a whole, not on an individual basis.
In regard to intercollegiate athletics, there are
three primary areas that determine if an institution is in compliance:
- athletic financial assistance
- accommodation of athletic interests & abilities
- other program areas
Appraisal of compliance is on a program-wide basis, not on a
While many resources have been written specific for intercollegiate
sports, the general components of Title IX apply to interscholastic
sport as well.
I. Financial Aid
First, financial assistance must be awarded
based on the number of male and female athletes. The test is financial
proportionality. The total amounts of athletics aid must be substantially
proportionate to the ratio of male and female athletes.
II. Accommodation of Interests
Second, the selection of sports and the
level of competition must effectively accommodate the students'
interests and abilities. There are 3 factors that are looked at
Whether the 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
which 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 of 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.
all other benefits, opportunities, and treatments afforded sports
participants are to be equivalent, but not necessarily identical.
Title IX specifically looks at the following program components:
- Equipment & Supplies: quality, suitability, quantity,
availability, maintenance, & replacement.
- Scheduling of Games & Practice Time: number of
competitive events per sport, number and length of practice
opportunities, time of day competitive events and practice opportunities
are scheduled, opportunities to engage in available pre-season
and post-season competition, the season a sport is scheduled,
& the length of season.
- Travel & Per Diem Allowances: modes of transportation,
housing furnished during travel, length of stay before and after
competitive events, per diem allowances, & dining arrangements.
- Opportunity to Receive Academic Tutoring: availability
of tutoring, tutor qualifications and experience, rates of pay,
& employment conditions.
- Opportunity to Receive Coaching, Assignment, & Compensation:
availability, assignment, & compensation of full-time coaches,
assistants, graduate assistants, or restricted earnings coaches.
- Locker Rooms, Practice, & Competitive Facilities:
quality, availability, exclusivity of use, maintenance and preparation
- Medical & Training Facilities and Services: quality
and availability of medical personnel; athletic trainers; weight
and conditioning facilities; training facilities; & health,
accident, and injury insurance coverage.
- Housing & Dining Facilities and Services: housing
and dining benefits available during the regular year, the provision
of pre-game and post-game meals, & housing and dining services
provided when classes are not in session.
- Publicity: availability and quality of sports information
personnel, access to publicity resources, & quantity and
quality of publications and other promotional devices.
- Support Services: administrative support, clerical
and secretarial support, office space, equipment and supplies,
& availability of other support staff.
- Recruitment of Student-Athletes: opportunities for
coaches or other personnel to recruit, whether financial and
other resources are equivalently adequate, & treatment of
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