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Title IX

Title IX. Legal Ramifications for Teachers and Coaches. What is Title IX?.

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Title IX

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  1. Title IX Legal Ramifications for Teachers and Coaches

  2. What is Title IX? • 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.

  3. Other areas affected by Title IX • Access to higher education • Career Education • Employment • Sexual Harassment • Standardized Testing and Technology • Healthcare Benefits

  4. Exceptions to Title IX in 1975 • Sex education courses • Choral groups • Some contact sports • Fraternities

  5. Exceptions to Title Ix in 2006 • Allow sex-segregation for K-12 non vocational single sex schools, classes, and extracurricular activities in elementary and secondary schools

  6. History • Civil Rights Act of 1964 • Executive Order 11375 • Birch Bayh • Title IX – June 23, 1972 • Assigned to Department of Education/OCR

  7. Before Title IX • Only 1 in 27 girls played high school sports • Female collegiate athletics received 2% of overall athletic budgets • Primary physical activities were cheerleading and square dancing

  8. Impact on Women in athletics • Female participation increased 940% • Girls constitute 39% of high school athletes • A 4x increase in collegiate female athletes since 1971

  9. Most frequently offered collegiate sports for women • Basketball – 98.8% • Volleyball – 95.7% • Soccer – 92% • Cross Country – 90.8% • Softball – 89.2%

  10. Benefits and opportunities • Equipment and supplies • Scheduling of games and practice times • Travel and daily allowance • Access to tutoring • Locker rooms, practice and competitive facilities • Publicity and promotions • Recruitment of student-athletes

  11. Equity in Athletics Disclosure Act • Passed in 1994 • Applies to intercollegiate programs • Designed to make prospective students aware of a schools commitment to providing equitable athletic opportunities for all students.

  12. Three-prong test • Provide participation opportunities for women and men that are substantially proportionate to their respective rates of enrolment 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.

  13. Title IX Coordinator • Adopt and Disseminate a nondiscrimination policy • File grievance to address complaints of discrimination • Usually fulfilled by someone in Human Resources

  14. Roster Management • Manage teams by setting target “floor” and “ceiling requirements” • Issues are players that quit or join before first competition • Resources must be provided

  15. Non-compliance • Loss of federal funding • Can be forced to pay substantial damages • Can be forced to pay court costs • Complaint of discrimination can be filed to Office for Civil Rights

  16. Department of Education • Office for Civil Rights • Develops and implements regulations • Manages Complaints • Investigation and Enforcement • 12 Regional Offices

  17. Major legal cases involving Title IX • Grove City College vs. Bell • Franklin vs. Gwinnet County Public Schools • LSU • Western Kentucky

  18. Impact on male athletics • Boston University dropped its football program after 91 years • Colgate University eliminated men's baseball after 107 years • Princeton ended its wrestling program for fear of proportionality

  19. Cont. Issues • Cutting a Women's Team must immediately meet proportions • Cutting a Men’s team does not satisfy prong two • “Demonstrate a history and continuing practice of program expansion for the underrepresented sex.”

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