Gender Equity / Title IX

Important Facts

Title IX of the Education Amendments of 1972, 20 U.S.C. Sect. 1681 (20 United States Code section 1681) et seq. (Title IX), is a Federal statute that was created to prohibit sex discrimination in education programs that receive Federal financial assistance. Nearly every educational institution is a recipient of Federal funds and, thus, is required to comply with Title IX. The regulation implementing the Title IX statute is at 34 C.F.R. (34 Code of Federal Regulations) Part 106.

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. 

The Title IX statute does not reference athletics programs. Athletics program requirements are specifically addressed at 34 C.F.R. Sect. 106.41 of the Title IX regulation and athletics scholarships are addressed at Sect. 106.37(c) of the Title IX regulation. The following is a brief chronology. 

Title IX Statute - enacted June 23, 1972 (20 U.S.C. Sect. 1681 seq.); statute makes no reference to athletics or athletics programs. 

Title IX Regulation - effective date July 21, 1975 (34 C.F.R. Part 106) 

Specific requirements for athletics - 34 C.F.R. Sect. 106.41 Specific requirements for athletics scholarships - 34 C.F.R. Sect. 106.37(c)

Proposed regulation published June 20, 1974, in Federal Register for comment; nearly 10,000 comments were received during comment period, most on athletics; Congress passed Section 844 of the Education Amendments of 1974, also known as the Javits amendment, which required inclusion in the Title IX regulation "with respect to intercollegiate athletics activities reasonable provisions considering the nature of particular sports[;]" Conference Committee deleted a Senate floor amendment that would have exempted revenue producing sports from Title IX jurisdiction.

September 1975 - "Elimination of Sex Discrimination in Athletics Programs" 

Issued to Chief State School Officers and others; published in Federal Register in November 1975, provides general guidance on Title IX athletics requirements.

Intercollegiate Athletics Policy Interpretation 

Issued in Federal Register December 11, 1979, after nationwide consultation with institutions and athletics organizations; proposed Policy Interpretation was published for comment on December 11, 1978, in Federal Register 700 comments were received, and certain of these comments were incorporated in final Policy Interpretation.

Title IX Athletics Interim Manual issued July 28, 1980 

Issued by the Office for Civil Rights to its ten regional offices to provide guidance on conducting investigations of alleged sex discrimination in intercollegiate athletics programs.

Grove City College v. Bell (465 U.S. 555 (1984)) 

U.S. Supreme Court decision ruled February 28, 1984, that Title IX applied only to programs that directly benefit from Federal funds and, thereby, significantly limited OCR's jurisdiction in athletics programs.

Civil Rights Restoration Act of 1987 

Passed by Congress March 22, 1988, effectively overturned the Grove City ruling, directing that Title IX applies to all operations of a recipient of Federal funds and thereby restored OCR's jurisdiction over athletics programs.

Title IX Athletics Investigator's Manual, issued April 2, 1990 

Issued by OCR to its regional offices providing guidance to OCR investigators; supersedes 1980 Interim Manual.

Clarification of Intercollegiate Athletics Policy Guidance: The Three-Part Test 

Issued by OCR in final January 16, 1996; the Clarification explains the three-part test used to analyze compliance in the accommodation of students' athletics interests and abilities, one of 13 program areas reviewed for compliance under Title IX. The accommodation of interests and abilities has been the main subject of Federal court cases in the early 1990s.

Reference: Good Sports, Inc., Title IX and Gender Equity Specialists, P.O. Box 500505, San Diego, California 92150 (858)695-0005, FAX (858)695-9909

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