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Diane Publishing Books
Title IX, Sex Discrimination, and Intercollegiate Athletics: A Legal Overview
Jody Feder (au)
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in federally funded education programs or activities. Although Title IX regulations bar recipients of federal financial assistance from discriminating on the basis of sex in a wide range of educational programs or activities, such as student admissions, scholarships, and access to courses, the statute is best known for prohibiting sex discrimination in intercollegiate athletics. The provisions regarding athletics have proved to be one of the more controversial aspects of Title IX. At the center of the debate is a three-part test that the Dept. of Education (ED) uses to determine whether institutions are providing nondiscriminatory athletic participation opportunities for both male and female students. In 2002, ED appointed a commission to study Title IX and to recommend whether or not the athletics provisions should be revised. The Commission on Opportunity in Athletics delivered its final report in 2003. In response, ED issued new guidance in 2003 and 2005 that clarified Title IX policy and the use of the three-part test. The 2005 guidance, however, was withdrawn in 2010. This report provides an overview of Title IX in general and the intercollegiate athletics regulations in particular, as well as a summary of the commissionäó»s report and EDäó»s response and a discussion of legal challenges to the regulations and to the three-part test. This is a print on demand report.
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