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Title IX

Part 2

Title IX Title IX of the Education Amendments of 1972 is the landmark legislation that bans sex discrimination in schools whether it be in academic or athletics. 40 years of working towards gender equity.
Key Elements of Title IX 1. Gender Discrimination 2. Federal Funding 3. Educational Program
Enforcement of Title IX The office responsible for enforcing Title IX is the Office of Civil Rights (OCR). OCR uses a 3 prong test to determine whether or not an institution is within compliance.
1st Prong of Title IX Participation opportunities are provided in numbers substantially proportionate to their respective undergraduate enrollments.
2nd Prong of Title IX History and continuing practice of program expansion.
3rd Prong of Title IX The interests and abilities of the members of the under represented sex have been fully and effectively accommodated by the present program.
Grove City College vs. Bell (1984) Completely wiped out Title IX applicability to athletics. Athletics was a subunit and did not directly receive federal aid, therefore Title IX was found not to apply.
Civil Rights Restoration Act (1988) Through the "check and balance system" congress said the courts misunderstood their intent with Title IX. An entire institution is covered by Title IX if any activity within the institution receives federal funding.
Franklin vs. Gwinnett County Public Schools (1992) Compensatory and punitive damages are allowable for victims of the Title IX violations.
Cohen vs. Brown University Women's sport teams that were dropped must be reinstated.
Mercer vs. Duke (2002) Involves a female place kicker at Duke University. Ruling was punitive damages were not allowable.
Department of Education (2004) Held town hall meetings seeking input. Issued a report seeking clarification to current Title IX interpretations. Issues a report to congress. Claims interest surveys alone have not historically been an adequate method of ensuring compliance with Title IX
Other Program Areas All other benefits, opportunities, and treatments afforded sports participants are to be equivalent, but not necessarily identical.
In regards to athletics, there are three primary areas that determine if an institution is in compliance 1. Athletic Financial Assistance 2. Accommodation of interests and abilities 3. Other program areas
Compliance specifically looks at the following program components (1-6): 1. Equipment & Supplies 2. Scheduling of games & practice times 3. Travel and per diem allowances 4. Opportunity to receive academic tutoring 5. Opportunity to receive coaching, assignment, and compensation 6. Facilities
Compliance specifically looks at the following program components (7-11): 7. Medical & training facilities and services 8. Housing and dining facilities and services 9. Publicity 10. Support Services 11. Recruitment of student-athletes
EADA Equity in Athletics Disclosure Act
OPE Office of Post-Secondary Education
Dr. Wood & Dr. Miller's Findings Education has been radically changed with online degrees and courses. Do universities need to provide athletic opportunities for 100% online undergraduates. Should these students be included or excluded when determining undergraduate enrollment?
Created by: kil4261