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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


July 1978 was the date when schools and universities were supposed to be in compliance with Title IX. This was the date when the Health, Education and Welfare Department (HEW) could investigate schools with complaints against them. However, HEW was reluctant and ill prepared for enforcement. It took roughly seven and a half years, after the failed passing of the DeHart Coalition proposal for hope of enforcement to come. However, huge strides were still made during this time. By July 1978 over five hundred colleges awarded athletic scholarships to women (up from 60 in 1974). Four- year institutions in 1978-79 offered women an average of five sports (up from 2.5 in 1973-74). Thirty percent of all intercollegiate athletes were now female, and they commanded 16 percent of the sports' budgets (up from less than 2 percent early in the decade). (Festle, 191) However, these changes had not come at the expense of the male athletic programs. The number of male teams remained c!

According to the settlement agreement, Brown will be considered in compliance with Title IX as long as the current women's sports programs are continued in the future. Also, the participation rate for female athletes at Brown must be within 3.5 percentage points of the percentage of female undergraduate students at the University. 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 2.25 percentage points of women's enrollment at the school. In addition, Brown has agreed to upgrade women's water polo to varsity status and guarantee funding for four sports - gymnastics, fencing, skiing, and water polo--that had not received adequate support in the past (The Brown Herald).

Albertson, Joshua. "The Brown Daily Herald," Title IX Library,

ary 19, 1997, the Brown University Board of Governors appealed a November 21, 1996 ruling by petitioning the court for a Writ of Certiorari, arguing that the U.S. Court of Appeals had interpreted the law incorrectly for the First Circuit. On April 21, 1997 the Supreme Court declined to hear the Brown University's appeal; which lets the lower-court ruling stand.



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Approximate Word count = 2855
Approximate Pages = 11 (250 words per page double spaced)


  

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