Introduction
Title IX is a federal civil rights act and part of the Educational Amendments of 1972, which seeks to prohibit discrimination based on sex in all educational institutions and programs. This act continued and updated the norms for combating discrimination in various spheres of life. Title IX contains a clause prohibiting gender discrimination in sports and provides different opportunities for men and women to participate in sports programs and competitions (Francis, 2016). In 1975, special provisions were adopted that specified measures to achieve equal opportunities and prevent discrimination between men and women (Francis, 2016).
The law came into force during the second wave of feminism, when women had limited opportunities to participate in sports, especially at the university level (Staurowsky et al., 2022). In its five decades of existence, Title IX has influenced the development of women’s sports in the United States and has recently been expanded with new amendments (Bowers, 2022). Thus, this federal law has significantly impacted modern-day sports, continues to be relevant, and develops over time according to society’s needs.
Title IX and Its History
Title IX is a piece of legislation that provides protection against gender discrimination in educational programs that receive federal government support. The law applies to local and state schools, colleges, and universities funded by federal programs. The net recipients include about 17,600 local school districts, over 5,000 colleges, universities, libraries, museums, and more. (Title IX). By law, the recipient institution is required to create and test its educational and sports programs in such a way as to ensure that all genders have equal access to training, funding, and sports facilities (Title IX). Moreover, Title IX provides for the observance of non-discriminatory language in training programs and communication between educators and students (Title IX). The law includes prohibitions on sexual harassment in the educational environment and considers how to investigate and punish violations of the articles of the law.
Title IX was adopted in 1972 as a continuation of the Civil Rights Act of 1964. The 1964 Act laid the foundation for anti-discrimination policies in employment and public accommodation and created the framework conditions for prohibiting discrimination in education. However, the Civil Rights Act of 1964 did not prohibit sex discrimination, so feminists in the 1970s began to demand that the government add sex as a protected category (Blumenthal, 2022).
Men’s sports at that time were much more highly paid and highly funded, so in 1974 the Javits Amendment was adopted, which ensured taking into consideration different sports expenditures for men and women sports (Blumenthal, 2022). By 1975, the final rules and regulations of the law were in place, with elementary schools given one year to enact the rules and secondary schools and colleges three years (Blumenthal, 2022). In this unchanged form, Title IX lasted until the 1980s.
For society, whether all educational and sports programs fall under the anti-discrimination policy or only those funded from the state budget remain. For example, Grove City v. Bell 1984 ruled that Title IX could only apply to federally funded programs (Staurowsky et al., 2022). However, in 1988, the Civil Rights Restoration Act reaffirmed the anti-discrimination policy for all programs and educational institutions, even those with mixed funding (Staurowsky et al., 2022).
In 1992, Franklin v. Gwinnett County Schools set a precedent that allowed students who were victims of sexual harassment and violence to receive monetary compensation for the damage caused (Staurowsky et al., 2022). Subsequently, the Office for Civil Rights (OCR) issued a series of guidelines for combating sexual harassment in 1997 and 2001 (Staurowsky et al., 2022). The Equity in Athletics Disclosure Act (EADA) of 1994 supplemented Title IX with the requirement to show a gender breakdown of athletics spending in reporting documents (Staurowsky et al., 2022). In 2006, the Department of Education issued protective measures and safeguards against anti-LGBT stereotypes and other forms of discrimination (Staurowsky et al., 2022). Thus, the legislative framework of Title IX is constantly evolving in accordance with the requirements of the times.
Currently, a topical issue for legislation is the issue of the inclusion of transgender children and students in the process of participating in sports programs, scholarships, and competitions. In 2021, President Joe Biden issued Executive Order 14021, which lifted President Donald Trump’s Title IX restrictions (Bowers, 2022). Trump’s restrictions related to treating the anti-discrimination act solely on the basis of biological sex, which was regressive and harmful to many children and students. Decree No. 14021 considers gender-based discrimination in education and sports as valid as gender-based discrimination (Bowers, 2022). The discussion of the subtleties and ways to apply new policies is still ongoing as society evolves and does not stand still. American sports are facing new challenges and new frontiers of discrimination that must be overcome in the future.
Financial Ramifications of Not Complying with The Law
Title IX covers many issues related to providing equality in sports. Violators of the law can be not only administrators of sports programs but also students, teaching and coaching staff, other part-time and full-time employees, and equipment sellers (Yanus & O’Connor, 2016). Violations range from gender biases in sports programs, sexual misconduct of any kind, relationship violence, economic discrimination, and discrimination against pregnant or parenting athletes and students (Yanus & O’Connor, 2016).
Educational institutions are required to monitor compliance with the law and act as soon as they become aware of a possible violation or discrimination. The educational institution has a responsibility to investigate the violation, stop it and remedy the consequences, protect the complainant, and then take into account the experience in order to prevent repetition (Yanus & O’Connor, 2016). If the violation was disciplinary, then it may remain at the level of the disciplinary procedure of the school, college, or university. However, for more severe violations, the educational institution is obliged to submit data to the court.
Educational institutions have a high financial cost of non-compliance with Title IX ramifications. Guarantees of gender equality can only be ensured by severely punishing violators and redirecting funds to victims or institutions willing to abide by the law. Title IX allows victims of discrimination to recover costs associated with lost benefits (Bolger, 2016). Students and staff should be aware that their funds may be used to pay compensation, and students who violate the law may lose scholarships or even student loans (Bolger, 2016). An educational institution can be punished with fines and the withdrawal of funds allocated to finance sports and educational programs (Bolger, 2016). As a last resort, federal funding funds, including earmarked money for student loans, could be withdrawn (Bolger, 2016). All these measures can significantly affect the educational institution’s budget, status, and opportunities.
Title IX Outcomes in Sports
Title IX’s impact on women’s sports has been remarkable and significant, as the law removed barriers and guaranteed equality for women. Despite this, the law could not fully equalize women’s and men’s opportunities in sports since there are still fewer scholarships, teams, and funding for women’s sports (Blumenthal, 2022). The situation in athletics as a whole is influenced not only by legislative norms, which are progressive and protect equal rights for women. Historical attitudes and stereotypes also play a role in developing women’s sports. It will take a long time to raise generations of children who do not make cultural distinctions between athletes and female athletes based on their innate biological characteristics.
Since the passage of Title IX, girls’ participation in sports has increased at all levels of education. In high school, participation in women’s sports increased by 1057% by the mid-2010s, and in colleges, the increase reached 614% (Staurowsky et al., 2022).
Data for 2010-2011 shows that women of all high school athletes made up 41% (Francis, 2016). Sociological studies in 2010 showed that women’s participation in sports positively impacted higher employment rates, higher salaries for professional athletes, and increased educational opportunities for girls due to the increase in sports scholarships (Francis, 2016). Moreover, Title IX undoubtedly influenced the perception of women’s sports and the political climate. Modern educators pay more attention to equal access to sports facilities, sections, and other opportunities in athletics at all levels.
Improved funding for sports in schools, colleges, and universities and active promotion of women in sports has also paid off internationally. Every year more U.S. women compete in the Olympics. In Tokyo 2020, the U.S. women’s team won a record number of 66 medals (Staurowsky et al., 2022). This is a record for any team in the world and shows that Title IX has moved American women’s sports in the right direction despite certain imbalances and challenges that still exist.
Title IX has been around for over five decades, but gender imbalances in sports are still statistically detectable. Women’s scholarships and sports programs are still less funded than men’s (Francis, 2016). Female athletes are paid less than male athletes, which reduces their motivation to engage in athletics (Staurowsky et al., 2022). Women athletes and coaches at all levels of education are still less than 50% (Staurowsky et al., 2022).
Moreover, according to surveys conducted by the National Collegiate Athletic Association (NCAA), 50% of athletes, coaches, and sports administrators did not know what Title IX was and how it could protect their rights (Staurowsky et al., 2017). Therefore, in educational institutions, there is no system of education, tracking, and implementation of this law (Zimbalist, 2017). The Biden administration drew attention to the multiple omissions in the law, mainly related to establishing clear institutions, tools, and criteria for regulating existing norms (Bowers, 2022). The current results of the law show significant progress toward the development of women’s sports, which is not complete and complete at the moment and requires further development.
Title IX: Rules for EducationaInstitutionsl
Title IX imposes a duty on schools, colleges, and universities to promote and maintain policies against sexual discrimination and violence. The law requires the publication of an anti-discrimination policy and educational activities on the subject. Each educational institution should have a Title IX coordinator to ensure that students, their families, and employees are informed about the law and their rights (Blumenthal, 2022). Every school’s responsibility is to make students aware of how they can file complaints of gender discrimination.
First, colleges and schools are required to follow a special discrimination case process in which both parties can participate and defend their rights. Each student or staff member can file a complaint and will be notified of a timeframe when the school will investigate, communicate the result, and be ready to accept a possible appeal (Blumenthal, 2022). The bully may be restricted in his or her right to contact the oppressed or even banned from school for a certain time.
Second, in Title IX, there are direct tests and procedures for analyzing educational and sports programs to comply with an equal approach. There is a three-prong test for sports programs, which is used by the U.S. Department of Education’s Office for Civil Rights (Blumenthal, 2022). The test includes three stages that the school must pass one after the other. The first stage determines the proportionality in the number of students of different sexes in sports programs. A school is considered to have passed the first stage if the percentage of students in sports programs is close to a 50/50 ratio (Blumenthal, 2022). In order to meet such requirements, schools have to support women’s athletics programs, but many schools reduce the male part.
The next step in the three-prong test is to expand programs for the underrepresented sex. This test is only used when gender inequality is detected in the first stage (Blumenthal, 2022). The institution can pass the second test and show its positive dynamics in achieving equal sports opportunities. If both tests are failed, then a third interest-based test is taken. The school conducts a survey among underrepresented students and finds out whether they are satisfied with less funding or have to be content with fewer opportunities (Blumenthal, 2022). At a given moment, the school may simply not have enough students of a certain gender interested in sports. However, this means that the institution must make a change and activate the manifestation of interest in athletics among all genders.
Third, under Title IX, schools and colleges must provide students of different genders with the same athletic programs and opportunities to compete at different levels. If the sport is non-contact, the student may try to participate in a team of the opposite sex (Blumenthal, 2022). Students and the public may demand that the institution encourage the development of sports programs for the underrepresented sex, mainly if the region has historically limited the rights and opportunities for access to a particular sport.
Conclusion
Title IX is a federal law intended to complement and expand the Civil Rights Act of 1964 and protect equal rights in education and sports. This law is the only one in the legislation that directly guarantees women equal access to rights and resources on an equal basis with men. The historical impact of Title IX cannot be disputed or overestimated, as it gave women’s sports an impetus to develop. Over the past 50 years, athletes have discovered opportunities to develop themselves and receive funding and education through sports scholarships. This had a positive impact on the performance of American women’s sports on the world stage.
Moreover, Title IX showed itself to be beneficial for men and LGBT+ people because it stands against any kind of sex and gender discrimination. The law continues to develop and supplement based on the realities of the present time. New challenges arise in modern society and sports, which require a search for approaches based on existing documents. In this sense, Title IX has laid a solid foundation for anti-discrimination legislation for all genders and sexual orientations.
References
Blumenthal, K. (2022). Let me play: The story of Title IX: The law that changed the future of girls in America. Simon and Schuster.
Bolger, D. (2016). Gender violence costs: Schools’ financial obligations under title IX. Yale Law Journal, 125(7). Web.
Bowers, B. M. (2022). Prepare for impact of proposed new Title IX regs on sexual assault and discrimination. Campus Security Report, 19(6), 8–8. Web.
Staurowsky, E. J., Flowers, C. L., Buzuvis, E., Darvin, L., & Welch, N. (2022). The Women’s Sports Foundation 50 years of Title IX: We’re not done yet executive summary and policy recommendations. Women in Sport and Physical Activity Journal, 30(2), 71-84. Web.
Staurowsky, E. J., Zonder, E. J., & Riemer, B. A. (2017). So, What Is Title IX? Assessing College Athletes Knowledge of the Law, Women in Sport and Physical Activity Journal, 25(1), 30-42. Web.
Title IX, Education Amendments of 1972, 20 USC §§ 1681-1688. Web.
Yanus, A. B., & O’Connor, K. (2016). To comply or not to comply: Evaluating compliance with title IX of the educational amendments of 1972. Journal of Women, Politics & Policy, 37(3), 341–358. Web.
Zimbalist, A. (2017). What to do about Title IX. In Sporting Equality (pp. 71–76). Routledge.