Title IX is a federal civil rights law in the United States of America that was passed as part of the Education Amendments of 1972. This is Public Law No. 92‑318, 86 Stat. 235 (June 23, 1972), codified at 20 U.S.C. §§ 1681–1688. It was co-authored and introduced by Senator Birch Bayh in the U.S. Senate, and Congresswoman Patsy Mink in the House. It was later renamed the Patsy T. Mink Equal Opportunity in Education Act following Minks death in 2002.
The following is the original text as written and signed into law by President Richard Nixon in 1972:
Title IX was enacted as a follow-up to passage of the Civil Rights Act of 1964. The 1964 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. The 1964 Act did not prohibit sex discrimination against persons employed at educational institutions. A parallel law, Title VI, had also been enacted in 1964 to prohibit discrimination in federally funded private and public entities. It covered race, color, and national origin but excluded sex. Feminists during the early 1970s lobbied Congress to add sex as a protected class category. Title IX was enacted to fill this gap and prohibit discrimination in all federally funded education programs. Congressman John Tower then proposed an amendment to Title IX that would have exempted athletics departments from the scope of Title IXs coverage.
The Tower amendment was rejected, but it led to widespread misunderstanding of Title IX as a sports-equity law, rather than an anti-discrimination, civil rights law. While Title IX is best known for its impact on high school and collegiate athletics, the original statute made no explicit mention of sports. The United States Supreme Court also issued decisions in the 1980s and 1990s, making clear that sexual harassment and assault is a form of sex discrimination. In 2011, President Barack Obama issued guidance reminding schools of their obligation to redress sexual assaults as civil rights matters under Title IX. Obama also issued guidance clarifying Title IX protections for LGBT students through Dear Colleague letters.
The precursor to Title IX was an executive order, issued in 1967 by President Lyndon Johnson, forbidding discrimination in federal contracts. Before these orders were issued, the National Organization for Women (NOW) had persuaded him through successful lobbying, or influencing, his personal aides or Members of Congress to include the addition of women.Executive Order 11375 required all entities receiving federal contracts to end discrimination on the basis of sex in hiring and employment. In 1969, a notable example of its success was Bernice Sandler who used the executive order to retain her job and tenure at the University of Maryland. She utilized university statistics to show how female employment at the University had plummeted as qualified women were replaced by men. Sandler then brought her complaints to the Department of Labors Office for Federal Fair Contracts Compliance, where she was encouraged to file a formal complaint; later citing inequalities in pay, rank, and admissions, among others.
Sandler soon began to file complaints against the University of Maryland and against other colleges while working with NOW and the Womens Equity Action League (WEAL). Sandler later filed two hundred and sixty-nine (269) complaints against colleges and universities, which led to the events of 1970. In 1970, Sandler joined U.S. House Representative Edith Greens Subcommittee on Higher Education of the Education and Labor Committee, and observed corresponding congressional hearings relating to womens issues on employment and equal opportunity. In these hearings, Green and Sandler initially proposed the idea of Title IX. An early legislative draft was then authored by Representative Patsy Mink with the assistance of Representative Edith Green. At the hearing, there were mentions of athletics. The idea behind the draft was a progressive one in somewhat instituting an affirmative action for women in all aspects of American education.
Minks initial draft of Title IX was formally introduced in Congress by Senator Birch Bayh of Indiana in 1971 who then was its chief Senate sponsor with respect to congressional debate. At the time, Bayh was working on numerous constitutional issues related to womens employment and sex discrimination—including but not limited to the revised draft of the Equal Rights Amendment. The ERA attempted to build "a powerful constitutional base from which to move forward in abolishing discriminatory differential treatment based on sex". As he was having partisan difficulty in later getting the ERA Amendment out of committee, the Higher Education Act of 1965 was on the Senate Floor for re-authorization; and on 28 February 1972, Bayh re-introduced a provision found in the original/revised ERA bill as an amendment which would become Title IX. In his remarks on the Senate Floor, Bayh stated, "we are all familiar with the stereotype [that] women [are] pretty things who go to college to find a husband, [and who] go on to graduate school because they want a more interesting husband, and finally marry, have children, and never work again.
The desire of many schools not to waste a mans 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." He continued: "While the impact of this amendment would be far-reaching, 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". Title IX became public law on 23 June 1972. When U.S. President Nixon signed the bill, he spoke mostly about desegregation busing, and did not mention the expansion of educational access for women he had enacted.
Title IXs statutory language is brief. U.S. President Nixon therefore directed the Department of Health, Education and Welfare (HEW) to carry publish regulations clarifying the laws application. In 1974, U.S. Senator John Tower introduced the Tower Amendment which would have exempted revenue-producing sports from Title IX compliance. Later that year, Congress rejected the Tower Amendment and passed an amendment proposed by U.S. Senator Jacob Javits directing HEW to include "reasonable provisions considering the nature of particular sports" adopted in its place. In June 1975, HEW published the final regulations detailing how Title IX would be enforced. These regulations were codified in the Federal Register in the Code of Federal Regulations Volume 34, Part 106 (34 C.F.R. 106). Since 1975, the federal government has issued guidance clarifying how it interprets and enforces those regulations.
The Civil Rights Restoration Act of 1988 is tied to Title IX which was passed in response to the U.S. Supreme Courts 1984 ruling Grove City College v. Bell. The Court held that Title IX applied only to those programs receiving direct federal aid. This case was initially reached by the Supreme Court when Grove City College disagreed with the Department of Educations assertion that it was required to comply with Title IX. 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 Department of Educations stance was that because some of its students were receiving federal grants, the school was thus receiving federal assistance and Title IX applied to it. 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. This ruling was a major victory for those opposed to Title IX as it then made many athletic programs outside the purview of Title IX, and thus reduced its scope.
Grove Citys court victory, however, was short-lived. The Civil Rights Restoration Act passed in 1988, which extended Title IX coverage to all programs of any educational institution that receives any federal assistance, both direct and indirect. In 1994, the Equity in Athletics Disclosure Act, sponsored by Congresswoman Cardiss Collins required that federally-assisted educational institutions disclose information on roster sizes for mens and womens athletic teams; as well as budgets for recruiting, scholarships, coaches salaries, and other expenses, annually. In October 2002, less than a month after the death of U.S. Rep. Patsy Mink, the U.S. Congress passed a resolution to rename Title IX the "Patsy Takemoto Mink Equal Opportunity in Education Act," which President George W. Bush signed into law. On November 24, 2006, Title IX regulations were amended to provide greater flexibility in the operation of single-sex classes or extracurricular activities at the primary or secondary school level; this was largely to introduce federal abstinence-only programs, which may have been a partial basis for the support of President Bush.
Though views differ as respects the impact of Title IX, discussion typically focuses on whether or not Title IX has resulted in increased athletic opportunities for females, and whether and to what extent Title IX has resulted in decreased athletic opportunities for males.[by whom?] In addition, the legislation had impacts on aspects other than athletes. The increased exposure of female sports led to increased dominance by males of the governance of female athletics. For example, the male-dominated NCAA, which had been content to let the female-dominated AIAW run female championships, decided to offer female championships, leading to the eventual demise of the AIAW.
Advocates of Title IXs current interpretation cite increases in female athletic participation, and attribute those increases to Title IX. One study, completed in 2006, pointed to a large increase in the number of women participating in athletics at both the high school and college level. The number of women in high school sports had increased by a factor of nine, while the number of women in college sports had increased by more than 450%. A 2008 study of intercollegiate athletics showed that womens collegiate sports have grown to 9,101 teams, or 8.65 per school. The five most frequently offered college sports for women are, in order: (1) Basketball, 98.8% of schools have a team; (2) Volleyball, 95.7%; (3) Soccer, 92.0%; (4) Cross Country; 90.8%, and (5) Softball; 89.2%.
At the same time, many contend that the current interpretation of Title IX by the Office for Civil Rights (OCR) has resulted in the dismantling of mens programs, despite strong participation in those sports. For example, though interest in the sport of wrestling has consistently increased at the high school level since 1990, scores of colleges have dropped their wrestling programs during that same period. The OCRs three-prong test for compliance with Title IX often is cited as the reason for these cuts. Wrestling historically was the most frequently dropped sport, but other mens sports later overtook the lead, such that according to the NCAA, the most-dropped mens sports between 1987 and 2002 were as follows: Cross country (183), indoor track (180), golf (178), tennis (171), rowing (132), outdoor track (126), swimming (125) and wrestling (121).
Some believe that the increase in athletic opportunity for girls in high school has come at the expense of boys athletics. For example, the College Sports Council has stated, "Nationwide, there are currently 1.3 million more boys participating in high school sports than girls. Using a gender quota to enforce Title IX in high school sports would put those young athletes at risk of losing their opportunity to play." High school participation rates from the National Federation of High School associations report that in 2010–11, there were 4,494,406 boys and 3,173,549 girls participating in high school athletics.
There have been different interpretations regarding Title IXs application to high school athletics. The American Sports Council sued the Department of Education in 2011 seeking a declaratory judgment that its policy interpreting Title IXs requirement for equity in participation opportunities is limited to colleges and universities. The American Sports Council argued that "The three-part test and its encouragement of quotas, has no relevance to high schools or high-school sports, and no federal regulation or interpretation has ever said that high schools must abide by the three-part test". On the other hand, the Department of Education insists that Title IX is a "valuable tool" for ensuring a level playing field for all students" and "plays a critical role in ensuring a fundamental level of fairness in Americas schools and universities".
Between 1981 and 1999 university athletic departments cut 171 mens wrestling teams, 84 mens tennis teams, 56 mens gymnastics teams, 27 mens track teams, and 25 mens swimming teams. While some teams—both mens and womens—have been eliminated in the Title IX era, both sexes have seen a net increase in the number of athletic periods[clarification needed] over a similar time period as the above quote, and by studies including more recent data, though when total enrollment which had likewise increased is controlled for, only women had an increase in participation.
Because teams vary widely in size, it is more appropriate to compare the number of total participation opportunities. Additionally, the total number of college participation opportunities has increased for both sexes in the Title IX era, though solely for women when increased enrollment is accounted for, as mens participation remained static relative to university enrollment, and mens opportunities outnumber womens by a wide margin.
The Womens Sports Foundation reported in a 2007 study of athletic opportunities at NCAA institutions that over 150,000 female athletic opportunities would need to be added in order to reach participation levels proportional to the female undergraduate population. The same study found that mens athletics also receives the lions share of athletic department budgets for operating expenses, recruiting, scholarships, and coaches salaries.
Title IX applies to all educational programs and all aspects of a schools educational system. In the late 1970s, a group of students and one faculty member sued Yale University for its failure to curtail sexual harassment on campus by especially male faculty. This case, Alexander v. Yale, was the first to use Title IX to argue and establish that the sexual harassment of female students can be considered illegal sex discrimination.
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