Title IX of the Educational Amendments of 1972 to the 1964 Civil Rights Act
An athletics program can be considered gender equitable when the participants in both the men's and women's sports programs would accept as fair and equitable the overall program of the other gender. No individual should be discriminated against on the basis of gender, institutionally or nationally, in intercollegiate athletics.
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NCAA MATERIALS:
NCAA Title IX / Gender Equity Video (PowerPoint) (Notes)
April 28, 2003 - Title IX Seminar Keynote Address, Myles Brand, NCAA president
Written testimony of Judith M. Sweet, NCAA
Vice-President for Championships/Senior Woman Administrator, before the
Secretary of Education's Commission on Opportunity in
Athletics
Remarks of Corey Bray, NCAA Associate Director of Research, before the Secretary of Education's Commission on Opportunity in Athletics
NCAA Sports Sponsorship and Participation Data (PowerPoint)
2000 NCAA Title IX Seminar introductory presentation, narrated by former NCAA President Cedric Dempsey
AUDIT MATERIALS:
Bonnette, Valerie and Lamar, Daniel, "Title IX Athletics Investigator's Manual," Office for Civil Rights, Department of Education, 1990.
Bunker, Linda, Chaudhry, Neena, Kellers, Peggy, Slaner Larkin, Deborah and Williams, Verna, Check It Out: Is the Playing Field Level for Women and Girls at Your School? National Women's Law Center, September 2000.
Good Sports, Inc., Title IX and Gender Equity Specialists, "Accomm odation of Interests and Abilities."
Good Sports, Inc., Title IX and Gender Equity Specialists, "Title IX Athletics: 13 Program Areas Reviewed for Compliance."
EMPLOYMENT:
Bonnette, Valerie M., "Summary of EEOC Coaches? Salaries Policy," Good Sports, Inc., January 8, 1998.
Connolly, Jr., Walter B., "Universit y In-House Audit of Employment Related Issues to Determine Compliance with Title VII and Title IX and Other Related Issues."
EEOC Notice, "Enforcement Guidance on Sex Discrimination in the Compensation of Sports Coaches in Educational Institutions," No. 915.002, October 29, 1997.
Judge, Janet, O?Brien, David and O?Brien, Timothy, "Pay Equity: A Legal and Practical Approach to the Compensation of College Coaches," Seton Hall Journal of Sport Law, Volume Six, No. Two, 1996, pp. 549-580.
Lehr, Carolyn, "Basketball Coaches Survey Report," Physical Education and Sport Studies Department, University of Georgia, 2000.
U.S. Equal Employment Opportunity Commission, "EEOC Issues Guidance on Application of Anti-Discrimination Laws to Coaches? Pay at Educational Institutions," October 31, 1997.
Women's Sports Foundation, "Creating Gender Neutral Coaches' Employment and Compensation Systems," East Meadow, New York, October 1995.
FEDERAL REGULATION:
Title IX Statute, 20 U.S.C. Sec. 1681-1688.
Title IX Federal Regulations, Department of Education, Office of Civil Rights, 34 CFR Sec. 106.41 (rev. July 1, 1999).
Office for Civil Rights, " Title IX Policy Interpretation," December 11, 1979.
Office for Civil Rights, " Clarification of Intercollegiate Athletics Policy Guidance: The Three-Part Test," Washington, D.C., September 20, 1995.
CASE LAW:
NCAA Legislation:
Cureton v. National Collegiate Athletic Association, Civil Case No. 97-131 (E. D. Pa., 1999).
Nat ional Collegiate Athletic Association v. R.M. Smith, 525 U.S. 459 (1999).
Opportunities:
Auburn University Settlement -- Kiech el v. Auburn University, Civil Case No. 93-V-474-E (M.D. Ala., July 19, 1993).
Beasley v. Alabama State University, [966 F. Supp. 1117 (M.D. Ala. 1997).] (mot. to recdr. punitive damages).
Beasley v. Alabama State University, 3 F. Supp. 2d 1304 (M.D. Ala. 1998). (dny?g in part mot. for sum. judgmt.).
Beasley v. Alabama State University, 3 F. Supp. 2d 1325 (M.D. Ala. 1998). (granting mot. for sum. judgmt.).
Favia v. Indiana University of Pennsylvania, 812 F. Supp. 578 (W.D. Pa. 1992).
Louisiana State University Decision -- Pederson v. Louisiana State University, Civil No. CV 94-247-A-MI (M.D. La. 1995).
M. Kelly v. Board of Trustees of the University of Illinois, 832 F. Supp. 237 (C.D. Illinois 1993).
Neal v. California State University, 198 F.3d 763 (9th Cir. 1999).
University of Texas at Austin Settlement -- Sanders v. University of Texas at Austin, Civil No. A-92-CA-405 (W.D. Tex. Oct. 24, 1993).
Proportionality/Discontinuing Teams:
B oulahanis v. Illinois State University, Civil Case No. 99-1561, __ F.3d__ (7th Cir. 1999).
Cohen v. Brown University.
Court of Appeals Ruling:
Supreme Court:
- Petition for a Writ of Certiorari (October Term, 1996).
- Respo ndents? Brief in Opposition (March 21, 1997).
- Brief of Amici Curiae in Support of Petitioners: American Council on Education, Association of American Universities, National Association of independent Colleges and Universities, and National Association of State Universities and Land Grant Colleges.
- Brie f of Washington Legal Foundation, Independent Women's Forum, and Allied Educational Foundation as Amici Curiae in Support of Petitioners, October Term 1996.
Colorado State University Decision: Robe rts v. Colorado State Bd. of Agriculture, 998 F.2d 824 (10th Cir. 1993).
G onyo v. Drake University, 837 F. Supp. 989 (C.D. Iowa 1993). (dny'g mot. for prelim. inj.).
Gon yo v. Drake University, 879 F. Supp. 1000 (C.D. Iowa 1995). (granting mot. for sum. judgmt.).
Har per v. Board of Regents, 35 F. Supp.2d 1118 (C.D. Ill. 1999). (granting in part mot. for sum. judgmt.).
Discrimination:
Haffer v. Temple University of the Commonwealth System of Higher Education, 687 F. Supp. 517 (E.D. Pennsylvania 1987) (mot. for reconsideration January 15, 1988).
Me rcer v. Duke University, 190 F.3d 643 (4th Cir. 1999).
NCAA v. Califano, 622 R. Supp. 2d 1382 (10th Cir. 1980).
Paddio v. Board of Trustees for State Colleges and Universities, Southeastern University in Louisiana, 1993 U.S. Dist. Lexis 1161 (E.D. La. 1993).
Pavey & United States of America v. University of Alaska v. NCAA, 490 F. Supp. 1011 (D. Alaska 1980).
S tanley v. University of Southern California, 1995 U.S. Dist. Lexis 5026 (C.D. Cal. 1995).
Weaver v. Ohio State University, 71 F. Supp. 2d 789 (S.D. Ohio 1998).
Yusuf v. Vassar College, 35 F. Supp. 3d 709 (2nd Cir. 1994).
Sexual Harassment:
Klemencic v. Ohio State University, 10 F. Supp. 2d 911 (S.D. Ohio 1998).
FINANCIAL AID AND SCHOLARSHIPS:
"Administrators Discuss Scholarship Issue," Athletic Management, Aug./Sept. 1998, pages 12-15.
Mary Frances O?Shea, "Clarification of Athletic Financial Aid Policy Interpretation," July 23, 1998.
HISTORICAL:
Acosta, Vivian R., Carpenter, Linda Jean, "Women in Intercollegiate Sport, A Longitudinal Study "Twenty Five Year Update 1977-2002." Smith College and Brooklyn College of the City University of New York, 2000.
Heckman, Diane, "391 Scoreboard: A Concise Chronological Twenty-Five Year History of Title IX Involving Interscholastic and Intercollegiate Athletics," Seton Hall Journal of Sport Law, 1997.
Final Report of the NCAA Gender-Equity Task Force, July 26, 1993.
"History of Title IX Legislation, Regulation and Policy Interpretation," 1996.
Struna, Nancy, "Women?s Pre-Title IX Sports History in the United States," Women's Sports Foundation, 3 March 2002.
United States General Accounting Office, "Gender Equity: Men's and Women's Participation in Higher Education." GAO 01-128, December 15, 2000.
SEXUAL HARASSMENT:
Conference USA, " Sexual Harassment Statement of Policy," 1999.
Heywood, Leslie, "Despite the Positive Rhetoric About Women?s Sports, Female Athletes Face a Culture of Sexual Harassment," The Chronicle of Higher Education, January 8, 1999, Pages B4-B5.
Women's Sports Foundation, "An Educational Resource Kit for Athletic Administrators: Prevention of Sexual Harassment in Athletic Settings," 1995.
STRATEGIC PLANNING DOCUMENTS:
Alden, Betsy, Long Range Strategic Planning: The A-B-C's in Relationship to Gender Equity,1997.
University of Connecticut, "Ti tle IX Compliance Plan," February 1996.
Levick, Cheryl L., "S tanford University Women's Sports Enhancement Plan," 1997.
Lewis & Clark College, "Report of the Title IX / Gender Equity Task Force on Intercollegiate Athletics at Lewis & Clark College," February 25, 1997.
Monmouth University, 2000.
Portland State University, 2001.
Sweet, Judith, University of California, San Diego, " Twenty Tips for Developing a Title IX Action Plan."
University of New Hampshire Task Force on Title IX Compliance in Athletics, " A Plan to Ensure Continued Compliance with Title IX in Athletics at the University of New Hampshire," 1998.
Wendt, Diane T., "University of Denver Gender Equity Solution Processes," May 1998.
Women?s Sports Foundation, "Gender Equity, Creative Solutions " A Case Study in Compliance." March 15, 2002.
Youngstown State University Intercollegiate Athletics, " Gender Equity Budget/Personnel Strategy," 1994.
ADDITIONAL MATERIALS:
Barr, Carol A., "Stil l Afloat. So far at least, Syracuse's safe-harbor defense is a winner," Athletic Business, October 1999.
Blum, Debra E., "An Intense Debate over ?Walk-Ons,"" The Chronicle of Higher Education, July 14, 1993.
Connolly, Jr., Walter and Adelman, Jeffrey, " How a University Can Best Comply with Title IX and Win a Lawsuit: Practical Suggestions."
Good Sports, Inc., Title IX and Gender Equity Specialists, "Title IX Facts."
Greenlee, Craig T., "Title IX: Does Help for Women Come at the Expense of African Americans' " Black Issues in Higher Education, April 17, 1997, pp. 24 - 27.
Folan, Amy, "Invisible Women: A Histographical Essay on the African American Female's Sporting Experience in Post World War II America," 1998.
Henson, Diane M. and Cabaniss, Boyce C., "It's Not Whether You Win or Lose, But Whether You Get to Play: Title IX Finally Expands Participation Opportunities for Female Athletes in the '90s," The Review of Litigation, University of Texas School of Law Publications, Volume 13, No. 3, summer 1994.
Hughes, Jason, "2 Universities Cut Some Men?s Teams," The Chronicle of Higher Education, April 16, 1999.
Judge, Janet, O'Brien, David and O'Brien, Timothy, "Gender Equity in the 1990's: An Athletic Administrators Survival Guide to Title IX and Gender Equity Compliance," Seton Hall Journal of Sport Law, Vol. 5, 1995, pp. 313-338.
Lords, Erik, "More Women and Fewer Men Participate in Intercollegiate Athletics, Study Finds," The Chronicle of Higher Education, July 9, 1999.
National Women's Law Center, "GAO Report Shows Schools Added Athletic Opportunities for Women by Raising Revenue, Not Cutting Men's Teams." March 8, 2001. (To read the report entitled, "Intercollegiate Athletics: Four-Year Colleges' Experiences Adding and Discontinuing Teams," click here.)
National Women?s Law Center, "T itle IX and Men's Sports: A False Conflict," "Title IX and Women?s Athletic Opportunity: A Nation's Promise Yet to be Fulfilled," and "Myths about Title IX and Athletics."
Naughton, Jim, "Title IX Poses a Particular Challenge at Predominantly Black Institutions," The Chronicle of Higher Education, February 20, 1998.
Naughton, Jim, "Women?s Teams in NCAA?s Division I See Gains in Participation and Budgets. But the $831 Million Spent on Male Athletes was Nearly Twice what was Spent on Female Athletes," The Chronicle of Higher Education, April 3, 1998.
NCAA Examples of Campus Bylaws for Student-Athlete Advisory Committee (SAAC), 1999.
Orleans, Jeffrey H. "An End to the Odyssey: Equal Athletic Opportunities for Women," Duke Journal of Gender Law & Policy, Volume 3:131, 1996.
Robinson, Mathew J., "An Untapped Market," Athletic Management, February/March, 1998.
Sabo, Don, "Changing the Policy Dialogue around Gender Equity in Sports," 1999.
Sander, Libby, "Danger on Capital Hill. Misinformation Campaign Against Title IX," The Women?s Sports Experience, Women?s Sports Foundation, Volume VIII, Issue V, September/October 1999.
Scott, David R., "Defining Title IX and Gender Equity in the 1990s. Aspects of an Institution's Self-Study," NACUA Workshop in Atlanta, Georgia, March 14, 1993.
Suggs, Welch, "Unev en Progress for Women?s Sports. A Chronicle Survey Finds Gains at Big-Time Football Powers, Struggles at the ?Have-Nots," The Chronicle of Higher Education, April 7, 2000.
Suggs, Welch, "Colleges Consider Fairness of Cutting Men?s Teams to Comply with Title IX," The Chronicle of Higher Education, February 19, 1999.
Suggs, Welch, "Foes of Title IX Try to Make Equity in College Sports a Campaign Issue. Advocates for Wrestling Pin their Hopes on Getting Candidates to Heed their Concerns," The Chronicle of Higher Education, February 4, 2000.
United States Department of Education, "Title IX: 25 Years of Progress." June 1997.
United States General Accounting Office, "Intercollegiate Athletics: Four-Year Colleges? Experiences Adding and Discontinuing Teams." GAO 01-297, March 8, 2001.
Wendt, Diane, "Athletic Facilities & Gender Equity," Athletics Administration, October 1995, pp. 31-35.
Women?s Sports Foundation, "(Dis)Empowering Images" Media Representations of Women in Sport." March 15, 2002.
See the NCAA Title IX Site:
The NCAA begins a year-long conversation on the personal impact of Title IX. These testimonies are designed to highlight the truths and misconceptions about the controversial law, which celebrated its 35th anniversary on June 23.