Historical background[ edit ] Foundations and hearings[ edit ] Title IX was enacted as a follow-up to passage of the Civil Rights Act of The Act was passed to end discrimination in various fields based on race, color, religion, sex, or national origin in the areas of employment and public accommodation.
Feminists during the early s lobbied leaders to draft a separate law to include this demographic which was mostly applied to athletics, implicitly, at the time. This demographic was largely the student demographic enrolled at U. Title IX did not apply to employees, as they were already protected under the Civil Rights Act of Coverage of sports was implied, however, as this was the topic on which the lobbying was based. President Barack Obama used Title IX to extend protections on the basis of sexual orientation, gender identity, and physical or mental handicap through a series of "Dear Colleague" letters that remain in legal limbo.
President Donald Trump, this has been rescinded back to the original protections under the Civil Rights Act of President Lyndon Johnson wrote a series of executive orders involving the Act to make some clarifications. Before these clarifications were made, the National Organization for Women NOW persuaded him through successful lobbying, or influencing, his personal aides or Members of Congress to include the addition of women. Sandler later filed two-hundred and sixty-nine complaints against colleges and universities to only create a movement of her own, which led to the events in House Representative Edith Green 's Subcommittee on Higher Education of the Education and Labor Committee , and observed corresponding congressional hearings relating to women's issues on employment,and equal opportunity.
An early legislative draft was then authored by Representative Patsy Mink with the assistance of Representative Edith Green. The idea behind the draft was a progressive one in somewhat instituting an affirmative action for women in all aspects of American education.
At the time, Bayh was working on numerous constitutional issues related to women's issues regarding employment, and sex discrimination -- including but not limited to the revised draft of the Equal Rights Amendment. It was to build "a powerful constitutional base from which to move forward in abolishing discriminatory differential treatment based on sex". The desire of many schools not to waste a 'man's place' on a woman stems from such stereotyped notions. But the facts absolutely contradict these myths about the 'weaker sex' and it is time to change our operating assumptions.
It is not a panacea. It is, however, an important first step in the effort to provide for the women of America something that is rightfully theirs—an equal chance to attend the schools of their choice, to develop the skills they want, and to apply those skills with the knowledge that they will have a fair chance to secure the jobs of their choice with equal pay for equal work".
President Nixon signed the bill, he spoke mostly about desegregation busing , but did not mention the expansion of educational access for women he had enacted. It soon prompted concern by critics, and as those concerns grew; they found ways to limit its impact.
Senator Bayh later spent the next three years in keeping watch over HEW in order to get further regulations passed through the U. Congress; in which were soon carried out with its legislative intent of eliminating sex discrimination in educational institutions on the basis of sex.
Then in , U. Senator Jacob Javits in now stating that HEW must include "reasonable provisions considering the nature of particular sports" adopted in its place. They did not provide any concrete evidence. A revised Tower Amendment was then proposed out of successive lobbying of U. President Jimmy Carter's administration , they issued further clarification in its Intercollegiate Athletics Policy Interpretation. These can be found in 34 C. These subsections explain that evaluating the equality of these sections can be "strictly based on expenditures [which] is an unfair method for evaluating equity.
OCR then went further years later in issuing three letters of clarification in , and respectively.. The first letter was written to clarify the proportionality test, the second to clarify the meaning of "substantially equal," and the third was to reaffirm the first clarification letter after a number of commission discussions and hearings. President Barack Obama, the interpretations found under Title IX is to be considered a legal gray area, and thus fraudulent until a federal court makes an official opinion.
Supreme Court's ruling Grove City College v. Grove City College was not a federally funded institution; however, they did accept students who were receiving Basic Educational Opportunity Grants through a Department of Education program. The Court decided that since Grove City College was only receiving federal funding through the grant program that only this program had to be in compliance. Patsy Mink, the U. Bush signed into law. The increased exposure of female sports led to increased dominance by males of the governance of female athletics.
The five most frequently offered college sports for women are, in order: Cross country , indoor track , golf , tennis , rowing , outdoor track , swimming and wrestling For example, the College Sports Council has stated, "Nationwide, there are currently 1.
In the s, the U. Supreme Court issued three decisions clarifying that Title IX requires schools to respond appropriately to reports of sexual harassment and sexual violence against students.
Civil rights activists and organizations such as the American Civil Liberties Union ACLU likewise maintain that "when students suffer sexual assault and harassment, they are deprived of equal and free access to an education. On March 15, , Yale undergraduate student and alleged sexual violence survivor Alexandra Brodsky filed a Title IX complaint along with fifteen fellow students alleging Yale "has a sexually hostile environment and has failed to adequately respond to sexual harassment concerns.
I am sickened by the Administration's attempts to cover up survivors' stories, cook their books to discount rapes, pretend that withdrawals never occur, quell attempts at change, and sweep sexual assaults under a rug.
When politicians cover up affairs or scandals the masses often rise up in angry protestations and call for a more transparent government. What is the difference between a government and the Amherst College campus? Why can't we know what is really happening on campus? Why should we be quiet about sexual assault? Clark and Andrea Pino , two women who were allegedly sexually assaulted at the University of North Carolina at Chapel Hill connected with Amherst student, Dana Bolger , and Brodsky to address the parallel concerns of hostility at their institution, filing Title IX and Clery Act complaints against the university on January , both leading to investigations by the U.
In addition to its use within formal complaints submitted to the Department of Education , Title IX has been utilized in civil litigation. In , a federal court found that there was sufficient evidence that the University of Colorado acted with "deliberate indifference" toward students Lisa Simpson and Anne Gilmore, who were sexually assaulted by student football players.
These changes shift the determination of sexual assault from "preponderance of the evidence" to a "clear and convincing" evidence standard, which is typically used for criminal, rather than civil, cases . It can be argued that this shift makes it more difficult for colleges to find perpetrators guilty of sexual assault. Department of Education issued guidance explaining that transgender students are protected from sex-based discrimination under Title IX. It instructed public schools to treat transgender students consistent with their gender identity in academic life.
A student who identifies as a transgender boy, for instance, is allowed entry to a boys-only class, and a student who identifies as a transgender girl is allowed entry to a girls-only class. This also applies to academic records if that student is over the age of eighteen at a university. Under Title IX, a recipient generally must treat transgender, or gender non-conforming, consistent with their gender identity in all aspects of the planning, implementation, enrollment, operation, and evaluation of single-sex classes.
Instead it requires that the genders' athletic participation be substantially proportionate to their enrollment, without regard to interest. Prong two is viewed as only a temporary fix for universities, as universities may only point to past expansion of opportunities for female students for a limited time before compliance with another prong is necessary.
Critics say that prong three likewise fails to consider male athletic interest in spite of its gender-neutral language, as it requires that the university fully and effectively accommodate the athletic interests of the "underrepresented sex", despite the fact that ED regulations expressly require that the OCR consider whether the institution "effectively accommodate[s] the interests and abilities of members of both sexes".
As such, with a focus on increasing female athletic opportunities without any counterbalance to take male athletic interest into consideration, critics maintain that the OCR's three-prong test actually operates to discriminate against men. The guidance concerned the use of web-based surveys to determine the level of interest in varsity athletics among the underrepresented sex. Department of Education 's Office for Civil Rights. For example, the White House Council on Women and Girls hosted a panel to discuss the life-altering nature of sports.
Archived from the original on A Place on the Team. Princeton University Press, Department of Education May 13, Archived PDF from the original on October 17, Retrieved October 20, The New York Times.