Title IX and American Democracy

1. Title IX and American Democracy HCOM266 Histories of Democracies Prof. Joe Larkin Justin Greenberg Nathan Kistler

2. Background • 1920 19th Amendment • 1964 Civil Rights Act • 1970 Kirstein v. Rector and Visitors of the University of Virginia • University of Virginia required to admit women • 1970 Congressional Debates on women’s rights • Title IX passed June 23, 1972

4. What Title IX Did “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”

5. Title IX Provisions - Exceptions • Institutions excepted from main provision of Title IX: • Religious schools that can cite a religious rationale for their practice of gender segregation • Schools of the US Military • Institutions of undergraduate higher education that have only admitted one sex since the time of their founding • Sororities/Fraternities • Boy or girl conferences • Father-son or mother-daughter activities associated with education institutions • Higher education opportunities or scholarship awards granted through beauty contests

6. Title IX Provisions - Exceptions • Institutions that are not currently in compliance with Title IX, who would be required to abide by it, are granted a grace period for compliance if they have submitted an integration plan which has been approved by the Secretary of Education. • The proportion of federal aid granted in athletics must be proportional to the amount of participation by each sex.

7. Why create Title IX? • Disparity between genders with regard to participation in higher education • Limited opportunities for women to participate in organized sport • Women as intellectually capable as men

8. How Title IX Relates to Democracy • Embraces democracy by: • Increasing rights to individuals • Increases the education level of the voting population • Reducing a culturally fostered sense of dependence for women • Places restrictions on government action • Restricts democracy by: • Allows for a number of exempted institutions

9. 1974 Javits Amendment • Clarifies that Title IX regulations must include reasonable provisions considering the nature of particular sports. • Arose from concerns about funds from male athletic programs being diverted to support less popular, less profitable female sports. • Shows a resistance to democracy since genders are not being treated equally by government under the provisions of amendment.

10. 1975 US Dept. Health, Education and Welfare Title IX Formal Guidelines • Elementary schools are given one year to comply with Title IX. High schools and colleges are given three years to comply. These guidelines call for elimination in sex discrimination in athletics programs. • Swift and complete implementation of Title IX indicates a strong embrace of democracy.

11. 1980 Alexander v. Yale University • This case concerned several Yale students being propositioned by teachers for sexual favors in return for improved grades. • The court ruled in favor of Yale. • The court demonstrates resistance to democracy by not considering how sexual harassment might violate equal protection. • While the ruling had no direct effect, it pressured Yale and other educational institutions to institute procedures for accepting complaints of sexual harassment.

12. 1984 Grove City College v. Bell • Grove City College, a private college that had not received direct federal funding, but was the recipient of federal grants, refused to sign Title IX compliance form. • Supreme Court ruled that Title IX only applied to programs within an educational institution that were specifically targeted by federal funding. • This demonstrated a resistance to democracy since it limited rights, especially with regard to ability to participate in collegiate sports.

13. 1987 Civil Rights Restoration Act • Specified that any educational institution which receives federal funding, including indirect funding, would be subject to the provisions of Title IX. • This bill an attempt by congress to change the Grove City College v. Bell decision. • Supports democracy by extending rights.

14. Real Impact of Title IX

15. Real Impact of Title IX

16. Useful Title IX Links United States Legislature. (June 23, 1972). Title IX, Educational Amendments. Retrieved from: http://www.dol.gov/oasam/regs/statutes/titleix.htm Curtis, Mary C. & Grant, Christine H.B. (2013). Landmark Title IX Cases In History. Retrieved from: http://bailiwick.lib.uiowa.edu/ge/documents/history.pdf United States Department of Justice. (June 23, 2012). Equal Access to Education: Forty Years of Title IX. Retrieved from: http://www.justice.gov/crt/about/edu/documents/titleixreport.pdf

17. Questions?

18. Other Citations United States Court of Appeal, Second Circuit. (September 22, 1980). Alexander vs. Yale. Retrieved from: http://scholar.google.com/scholar_case?case=12213197469613891965&hl=en&as_sdt=6&as_vis=1&oi=scholarr United States Supreme Court. (February 28, 1984). Grove City College vs. Bell. Retrieved from: http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=465&page=555 United States District Court, E.D. Virginia, Richmond Division. (February 9, 1970). Kirstein vs. Rector and Visitors of University of Virginia. Retrieved from: http://scholar.google.com/scholar_case?case=4224685047189374606&hl=en&as_sdt=6&as_vis=1&oi=scholarr United States Legislature. (March 22, 1988). Civil Rights Restoration Act of 1987. Retrieved from: http://www.fhwa.dot.gov/environment/environmental_justice/facts/restoration_act.cfm National Organization for Women. (June 22, 2007). Legislative History of Title IX. Retrieved from: http://www.now.org/issues/title_ix/history.html