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Title IX
The recent growth in womens sports is due in large part to the legal system. Specific laws and court decisions have played a vital role in the new opportunities for women. No law has had as great of an impact as the 1972 Educational Amendments to the Civil Rights acts of 1964, known as Title IX.
The main debate over Title IX has focused on the opportunities for womens participation in sports. However sport activity was not the main reason for Title IX. In the Early 1960s, many state universities admitted to the fact that female enrollment in schools was intentionally limited. No such restrictions were applied to male students. During this time many University brochures stated that female admission was limited to women who were specially qualified. Also some medical schools had quotas only to allow five to ten percent of all female applicants. When this overt discrimination was discovered it prompted congress to push for a law that would prohibit such treatment. A law, Title IX, was then passed to prohibit gender discrimination in education.
In the Ð70s and early Ð80s female participation in sports experienced tremendous growth. In 1984 however, the U.S. Supreme Court ruled in the case of Grove City College vs. Bell that the law applied only to the specific athletic programs receiving federal funding. At this time few athletic departments received federal funding and then became exempt from the law. Later in 1987 the congress enacted the Civil Rights Restoration Act of 1987 revising Grove City. The new act made it clear that Title IX applied to all collegiate athletic programs.
Educational Amendments of 1972
Title IX (20 U.S.C. sec. 1681 Sex)
Prohibition against discrimination; exceptions- 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 exceptÐ
Preferential or disparate treatment because of imbalance in participation or receipt of Federal benefits; Statistical evidence of imbalance- Nothing Contained in subsection (a) of this section shall be interpreted to require any educational institution to grant preferential or disparate treatment to the members of ones sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex in any community, state, section, or other area: Provided, that this subsection shall not be construed to prevent the consideration in any hearing or proceeding under this chapter of statistical evidence tending to show that such an imbalance exists with respect to the participation in, or receipt of the benefits of, any such program or activity by the members of ones sex.
All this Law is really stating is that all federal funded schools must comply under all departments and other schools must not discriminate in there selection process. There are three main ways a school can come into compliance with Title IX:
The school can provide athletic participation opportunities for female students in amounts proportionate to their enrolment.