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Section 1681. (a). (1).
No person in the United States 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 receiving Federal financial assistance, except that: 1 Classes of educational institutions subject to prohibition in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and undergraduate/graduate higher education -
History
Congress approved Title IX in order to protect against gender discrimination under any education program or activity receiving federal financial assistance. Title IX is part of the Education Amendments of 1972. There are three prongs that must all exist in order for Title IX to have jurisdiction. Gender Discrimination, Federal Funding, and Education Program. -
1681 (a). (9).
This section shall not apply with respect to any scholarship or other financial aide awarded by an institution to any individual because such individual has received an award in any pageant in which the attainment of such award is based upon a combination of factors related to the personal appearance, poise, and talent of an individual and in which participation is limited to individuals of one sex only, so long as such pageant is in compliance with other nondiscriminational Federal Laws. -
Three Prong Test
Provide athletic participation opportunities that are substantially proportionate to the undergraduate enrollment. Demonstrate a continual expansion of athletic opportunities for the underrepresented sex. Fully accommodate the interests and abilities of the underrepresented sex. -
Franklin V. Gwinnett County Public Schools
High School student Christine Franklin appelled her previous case. She filed an action for damages under Title IX, alleging that she had been seually harrassed and abused by a teacher, Andrew Hill. He resigned from his position on the condition that the charges were dropped. The District Court dismissed the case. Title IX does not authorize an award of damges. In her appellant court, they held that she was deprived of her constitutional rights but her claim was now barred by "res judicata". -
Roberts V. Colorado State University
In this case the women's softball team at CSU was terminated. Plaintiffs, the women's softball team, sought a perminent injunction by the United States district court for the District of Colorado. The plaintiffs required that the softball team be reinstated. Under Title IX the court ruled in favor of the plaintiffs because the female athletes were not being fully and effectively accommodated in sport selection and female participation in athletics was not porportional to femal enrollment at CSU. -
Boucher V. Syracuse
In this case, (plaintiff) eight female student athletes filed a motion for class certification. They alleged that the defendent, Syracuse University, was giving ineffective financial assistance and unequal benefits. They also alleged, under Title IX, that the sports available and the levels of competition were neither in the plaintiffs interests nor their skill sets. The court granted the students motion for class certification but restricted the intercollegiate programs to softball and lacrosse -
Celebrating 40 years
