Title IX Compliance
Title IX, which bars gender discrimination by educational institutions that receive federal funds, gives colleges and schools three options for proving that they are providing equitable opportunities to both sexes. They include:
- Whether intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments; or
- Where the members of one sex have been and are underrepresented within intercollegiate programs, whether the institution can show a history and continuing practice of program expansion which is demonstrably responsive to the developing interests and abilities of the members of that sex; or
- Where the members of one sex are underrepresented within intercollegiate programs, and the institution cannot show a history and continuing practice of program expansion, as described above, whether it can be demonstrated that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program.
Title IX is enforced by the Office for Civil Rights (OCR) of the U.S. Department of Education. OCR has authority to develop policy on the regulations it enforces. In regard to athletics programs, OCR developed an Intercollegiate Athletics Policy Interpretation that was issued December 11, 1979, 44 Fed. Reg. 71413 et seq (1979). The 1979 Policy Interpretation remains current policy. In general, courts defer to the policies of the agencies with enforcement authority.
NCAA Certification requires Division I schools to maintain five-year gender equity plans which demonstrate commitment to fair and equitable treatment of both male and female student-athletes and athletics department personnel. Similarly, Division II and III schools are required to conduct a comprehensive self-study and evaluation of their intercollegiate athletics programs at least once every five years using the Institutional Self-Study Guide (ISSG).Back to the top