Title IX of the Education Act of 1974

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Recommended: Equality in sports for men and women

Memorandum on Law and Gender in College Athletics

This article address suggested changes to Title IX of the Education Act of 1974 and to the interpretation of Title IX. The changes discussed are (1) a change to the method of college supported team funding, (2) the abolishment of the designation of “men’s sports” and “women’s sports” by replacing with the term and concept of “participant sports,” and (3) the inclusion of intersexed and transgendered / transsexual participants.

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 (1988)) provides that: No person ... shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity [other than those specifically described in the Act] receiving Federal financial assistance....

A Suggested Change to the Method of College Supported Team Funding.

One of the major problems with the Title IX implementation by public colleges and universities (and also private colleges and universities that receive any form of public funding, i.e. student financial aid,) is to make mens’s sports and women’s sports appear on equal grounds. The need to provide resources and participation opportunities for students of both genders, based on percentage as defined by gender divided by the total number of students attending the school, has proved to be difficult. With sports such as football engulfing a non-proportional share of the athletic budget, it is hard to have the necessary funds to match the same level of spending for woman’s sports.

This led to initiatives such as the “NCAA Cost Reduction” program. Under this program, schools eliminated team sports from their school’s offering to s...

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...ral, Title IX of the Education Amendments of 1972 has gone a long way to provide equal opportunity for all student-athletes of both genders. The interpretation and the implementation often have fallen short requiring colleges and universities to answer to their actions before a court.

The changes outlined herein have the effect of providing a complete gender free level playing field for all student athletes. By changing the method of funding, the resources available per sport / team becomes equal. By changing to the “participant” sport terminology, equal access to all sports / teams becomes a reality. By changing to the “how you play the game” mentality opens all sports to all students, an athlete or not, with ability or not, or with a desire to participate or not, and restores the fun back into the sport which the record keeping or won-loss counting removes.

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