{"id":354882,"date":"2016-04-04T11:01:41","date_gmt":"2016-04-04T16:01:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/education\/discrimination-harassment-at-school\/title-ix-and-sex-discrimination-in-amateur-athletics.html"},"modified":"2023-11-30T15:02:01","modified_gmt":"2023-11-30T20:02:01","slug":"title-ix-and-sex-discrimination-in-amateur-athletics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/education\/discrimination-harassment-at-school\/title-ix-and-sex-discrimination-in-amateur-athletics.html","title":{"rendered":"Title IX and Sex Discrimination in Amateur Athletics"},"content":{"rendered":"\n
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Title IX and Sex Discrimination in Amateur Athletics<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In amateur athletics, a law has been crucial for promoting fairness and equality. This law is known as Title IX of the Education Amendments of 1972<\/a>. It aims to prevent sex discrimination, especially in intercollegiate athletics.<\/p>\r\n

Let’s take a closer look at how Title IX works.<\/p>\r\n

Sex Discrimination and Title IX of the Education Amendments of 1972<\/h3>\r\n

Sex discrimination happens when a person is treated less favorably because of gender. This is against the law because of Title IX. <\/p>\r\n

Title IX provides that "[n]o person in the United States may, upon 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." 20 U.S.C.A. \u00a7\u00a7 1681 et seq<\/i><\/a>. The phrase "education program or activity" has been broadly interpreted. This phrase includes athletic programs.<\/p>\r\n

The federal government may enforce Title IX in an administrative proceeding<\/a>, or it can be enforced by a private individual in civil court<\/a>. The law guarantees equal protection<\/a> at all federally funded academic institutions. This protects student-athletes and persons employed by school athletic programs. This rule applies in many areas, including amateur athletic teams. It applies in both public schools and universities.<\/p>\r\n

Background of Title IX<\/h3>\r\n

Title IX was created because of the stark disparities between participation opportunities offered for male and female students. Before Title IX, women’s teams were underfunded and overlooked. Female athletes had fewer opportunities to play sports. Their teams received less support than men’s teams. <\/p>\r\n

Congress enacted Title IX to serve as a catalyst to prevent sex discrimination at federally funded academic institutions. It was enacted to encourage the development of athletic programs for female student-athletes. It was also meant to stimulate female participation in school sports.<\/p>\r\n

Within 11 years of Title IX’s enactment, statistics revealed that progress was being made toward these goals. In 1983, more than 150,000 women participated in college sports. This is compared with 32,000 in 1972. The number of colleges and universities offering athletics scholarships to women increased from 60 in 1974 to 500 in 1981. By 2000, about 151,000 women participated in athletics in the NCAA. About 2.8 million females were engaged in high school sports.<\/p>\r\n

The U.S. Department of Education<\/a> (DOE), acting through the Office for Civil Rights<\/a> (OCR), is primarily responsible for implementing Title IX. The OCR creates regulations to enforce Title IX. The office initiates administrative proceedings against alleged violators. It also ends federal funding for proven violators.<\/p>\r\n

Title IX does not expressly authorize individuals to bring lawsuits against a violator separate from an action by the DOE or OCR. However, the U.S. Supreme Court has ruled that Title IX implies a private cause of action. <\/p>\r\n

Aggrieved individuals may seek redress for sex discrimination in federal court. They can do this without first having exhausted their administrative remedies due to Cannon v. University of Chicago<\/i><\/a> (1979). Since the creation of Title IX, there has been a focus on ensuring fair and equal athletic participation.<\/p>\r\n

Parties Subject to Liability Under Title IX<\/h3>\r\n

Title IX conditions the offer of federal funding on each funding recipient’s promise not to discriminate based on sex. This amounts to a contract between the government and the recipient. Elementary schools, middle schools, and high schools must abide by Title IX. Undergraduate colleges, graduate colleges, and universities must also comply with Title IX. They must do this if they receive federal funding and wish to continue receiving it.<\/p>\r\n

Sometimes, groups that get federal funding can avoid trouble under Title IX. This can happen if they’ve always only let in students of one gender under 20 U.S.C.A. \u00a7 1681(a)(5)<\/a>. They can also avoid Title IX cases that come up because of job discrimination. This is true if being a certain gender is a real job requirement. For example, this could be true for people hired to clean or check on locker rooms or bathrooms.<\/p>\r\n

Under Title IX, several parties could be held responsible<\/a> for sex discrimination:<\/p>\r\n