Letters Home: My Life With
Title IX
Chapter 8 in Women in Sport by
Linda Jean Carpenter
Notes by N. Bailey
Thirty-Seven Year History of
Title IX
• Letters home are from a younger sister to
her older brother.
• Both are now Ph.D.s in Physical Education
• The letters began when the younger sister
was in H.S. in 1962.
• The last letter is dated June 15, 2000.
• How do you like this color combo?
DGWS
• DGWS was overseer of female high school
and college athletics
• They set the rules, trained officials
• Tried to protect participants from potential
evils
• Leadership, coaching, supervision came
from women physical education teachers
Women’s and Girl’s School Sport
in the 60’s
• Serious girl competitors were called
“Tomboys” – “the kindest label”
• Little or no school support: equipment &
facilities
• Volunteer teacher leaders, coaches
• Play Days graduated to Sports Days
• Girls wanted more
December 16, 1965 – DGWS On
the Move
• DGWS begins to discuss the need for more
competitive opportunities for women and
girls
• Decided to expand college seasons from
three to six games
• Fear that this was a giant step toward the
excesses of men’s athletics
• Men were playing 24 basketball games
May 29, 1971 – Lobby for Title
IX
• Little sister is a university level coach now
who doesn’t get paid for coaching
• Orange slices and socials
• AIAW was born: independent child of its
mother DGWS; A divisive time
• Congress being lobbied for Title IX
• Divisive time: backlash against women?
Law doesn’t go far enough? Too far?
The Women’s Sporting
Community Pre-Title IX
• With the birth of AIAW some believed that
opportunities would automatically expand
for women – so there is no need for Title IX
• The time for anti-gender discrimination law
was ready ; promise vs. foreboding
• Levels of consciousness regarding the
blatant and pervasive gender discrimination
in society very diverse among women
June 24, 1972 Title IX Passes
• “No person in the U.S. 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.
• Patterned after Title VII of the 1964 Civil
Rights Act that prohibits discrimination
1978 The Compliance Year
Deadline
• High schools given 4 years to comply and
colleges and universities given 6 years
• AIAW supported the application of Title IX
to sports. NCAA fought it.
• NCAA formed its own committee on
women’s sports and sponsored legislation to
exempt intercollegiate sports; then, revenue
producing sports. Failed
Departments Began Merging
• Physical education and athletic departments
in high schools and colleges began to
emerge as if that were required by Title IX
• Men became the Athletic Directors, women
the assistant Athletic Directors
• Men became Department Chairs
• Coaching women became salaried and
women lost control of women’s programs
1975 Regulations for Title IX
Issued
• NCAA filed law suit challenging validity of
the regulations (NCAA v. Mathews 1976)
• Incorrect rationale for noncompliance: Title
IX restricted to non-revenue sports
• Many women’s programs were cut: junior
varsity, club sports, intramurals
• Female assistant Ads replaced by men
August 1978 NCAA Offers
Technical Assistance to HEW
• The same regulations they claimed were
invalid in 1976
• 1979 HEW issued Athletics Policy
Interpretation (7 years after law enacted)
• NCAA attorney’s statement: “This whole
Title IX effort can … be viewed as an
attempt by the Federal government to take
over control of higher education in America
NCAA Blamed Young Female
Lawyers, Then Title IX
• The Athletic Policy Interpretation of Title
IX included three pronged test to determine
if a school was discriminating in athletics
• Proportionality was the highest standard
• History of improvements available, but no
schools qualified
• Demonstration of meeting needs of women
who are present (no requirement to recruit)
1984: Grove City v. Bell
• Grove City College, a small school in
Pennsylvania refused to sign a compliance
statement as a matter of principle.
• HEW withheld Basic Education
Opportunity Grants, and both men and
women lost their grants
• Grove City sued to have the grants
reinstated (1984)
Two Issues in the Grove City
Case
• Is indirect funding sufficient to trigger a
Title IX jurisdiction? (Yes)
• Does the word program refer to the entire
school or only to a subunit actually
receiving federal dollars (refers to Subunit)
• Intercollegiate athletics then became
exempt from Title IX. Remaining in H.S.s
After Grove City: 1984-1987
• Several colleges cut female scholarships.
Title IX complaints that had been filed by
college women were dismissed even where
discrimination had already been
demonstrated
• Retaliations against those who filed suit
• 1987 Congress passed the Civil Rights
Restoration Act. President Regan vetoed
1988: Congress Overrides Veto
• ’84-88 Difficult time for women in sport at
the university.
• AIAW succumbed to NCAA attacks on its
existence and its governance of women’s
intercollegiate athletics
• From 1988-1992 on 45 Title IX complaints
were filed. Fear of retaliation was wide
spread
Three Ways To File A Title IX
Complaint
• In-house complaint. Every school must
have a Title IX Officer (mostly ineffective)
• OCR complaints. Anyone can file. Short
letter only is required. 135 days to
investigate and write a Letter of Findings.
May negotiate with school. Never has
withheld $
• Title IX Lawsuits. Requires legal standing
1992 How It Worked
• Brooklyn College OCR decision took 14
months to rule (not unusual) and another
seven months to reform the program
• Twelve regional OCR offices handle
complaints, and time to handle varies
• Title IX provides suit for retaliation, but
courts have very high standard of proof
1992 U.S. supreme court
Decision: Monetary Damages
• A case in which a student sued a school district
reached the Supreme Court. (Franklin)
• The court ruled that plaintiffs may seek
compensatory and punitive damages
• Attorneys more willing to take Title IX cases
• Schools stopped stalling; quicker settlements
began to happen
The Franklin Case
• Sexual harassment of H.S. student by her
male coach
• Compensatory and punitive damages are
available
• Also found that intent to discriminate
required for damages to be awarded
• The court found that test would be easy to
meet as most school have a poor history
Intent v. Ignorance
• With the many workshops, literature,
headlines, books, etc., administrators not
likely to discriminate our of lack of
knowledge
• Damages relatively easy to be awarded and
collected
• More cases legal filed, prosecuted and won
13 program Areas in Sport
•
•
•
•
•
•
•
$ Assistance
Interests & Abilities
Equipment & supplies
Schedules
Travel per diem
Tutors
Coaches
•
•
•
•
•
Facilities
Training services
Publicity
Support services
Recruitment
1992 Cohen v Brown
• Three ways to satisfy the accommodation
requirement:
• 1. Opportunities substantially proportionate to
respective enrollments, or,
• 2. A history of improved opportunities, or,
• 3. Demonstrate present program effective in
meeting the abilities and interests of members
of that sex. (no requirement of recruiting)
Proportional Standard: The
Only Viable Option
• Two factors make proportionality the only
real option:
1. No school has a history of sustained
improvements in opportunities for women;
And,
2. The numbers of interested women have
so increased that no school could likely
demonstrate that they meet those interests
NCAA Fights Title IX in the
Media
• NCAA characterizes Title IX as requiring a
quota. It doesn’t.
• Cohen v. Brown settled the quota argument.
• U.S. Supreme Court let stand a ruling that
the proportionality option in Title IX is
valid.
Male High Profile Teams &
Sense of Entitlement
• Ads cut men’s minor sports rather than trim
the so-called major sports
• There is a lack of courage to cut wasteful
spending
• Instead, some blame Title IX for the cuts
• NBC Poll: 79% know of and approve of
Title IX; 76% said okay to cut men’s teams
to give females a chance to play
Pedersen v. Louisiana State U
2000
• Arrogant ignorance is no defense and monetary
damages were awarded
• Harassment is actionable under Title IX as well as
under Title VII of the Civil Rights Act
• Davis v Monroe County Board of Education: US
Supreme Court: Peer sexual harassment
actionable.
• The protected must be told of reporting procedures
Still At Issue
• Does the constitution give congress the
right to pass specific laws that impact a
state & carries with it the power for the state
to be sued?
• Should NCAA come under Title IX
jurisdiction because all of it’s member
organizations receive Federal funding & it
is arguably an educational institution
Lobbyists – pro and con, are at
work on Title IX
• Vigilance, historical perspective and
contemporary women’s experience are the
most useful tools in protecting Title IX
• The cause of gender equity is here to stay.