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Final Draft -Title IX by tennisgurl

POL 1101

Policy Paper

April 19, 2005

Title IX's Positive Effects on the Athletic Community

As Title IX has stated "No person in the U.S. shall, on the basis of sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid." The purpose of Title IX is to create and improve upon the equality of Women's athletics to Men's athletics. I believe that Title IX should be continued because it encourages women to become active in sports, provides activity for women from all backgrounds, and creates gender equity. Title IX protects students, faculty and staff in federally funded education programs. Title IX applies to all elementary and secondary schools, colleges and universities. It also applies to programs and activities affiliated with schools that receive federal funds and to federally funded education programs run by other entities such as correctional facilities, health care entities, unions and businesses.

Title IX was the first comprehensive federal law to prohibit sex discrimination against students and employees of educational institutions. Title IX benefits both males and females, and is at the heart of efforts to create gender equitable schools. The law requires educational institutions to maintain policies, practices and programs that do not discriminate against anyone based on sex. Under this law, males and females are expected to receive fair and equal treatment in all arenas of public schooling: recruitment, admissions, educational programs and activities, course offerings and access, counseling, financial aid, employment assistance, facilities and housing, health and insurance benefits, marital and parental status, scholarships, sexual harassment, and athletics. Title IX ensures that men and women will have equality of opportunity; however, it does not in any way impose upon the established organizations of one sex. Examples of these organizations are Girl Scouts, Boy Scouts, Men's and Women's Christian clubs, or sororities and fraternities. These organizations do not receive financial aid from the government; therefore, they are not subject to Title IX. In simpler terms, Title IX does not interfere with traditionally single sex organizations. In strive for equality; Title IX is a positive step in the direction of equality of opportunity.

In a functional sense Title IX is logical because it is not meant for individual circumstances but for overall equality in athletic programs. It makes sure that funding is proportional to those involved in athletics. Men and women are provided for according to their needs, not just equally. "More than 100,000 American women now participate in intercollegiate athletics each year." In 1972 Congress passed the Educational Amendments. One section of this law, Title IX, prohibits discrimination against girls and women in federally-funded education, including in athletics programs.

The second portion of Title IX has to do with level of competition and adapting to the needs of the athletes. This provides for steady change and progression among athletes. Therefore, continuing to modernize our system. Also, there is a punishment for non-compliance with this law. Schools can lose federal funds for violating the law. Although most institutions are not in compliance with Title IX, no institution has actually lost any federal money. Schools have, however, had to pay substantial damages and attorney fees in cases brought to court. The positive side of this is that new sports have been implemented. Although Title IX has been successful, athletics are not where they should be. Women's athletics must still come a long way to be considered equal to men's sports. The government cannot monitor schools and universities as should be done. The only way in which the government monitors is through financial control. It is said that, especially in high schools, no progress has been made by the implementation of Title IX. Football, whether it makes money for a school or not, is used to getting the biggest chunk of the pie, and football supporters want other men's sports and women to divide up the rest. So, President Richard Nixon on June 23, 1972 signed and congress enacted Title IX of The Educational Amendments of 1972 20 U.S.C. Ŗ 1681 et seq. This law prohibited sex discrimination in any education program or activity, within an institution receiving any type of Federal financial assistance.

Beyond theory, Title IX has improved society on the whole. These improvements include the following: the dropout rate has decreased, employment opportunities have increased, and participation and completion of school has increased. These are major mechanisms for improvement upon society, leading to many positive things - improvement of economic status, decreased drug use, and increased higher education. Women who were under 10 when Title IX passed have much higher sports participation rates than women who grew up before Title IX. Also, Title IX has indirectly affected athletic decision-making at schools such as the University of Iowa, Harvard, and Stanford University. These schools initiated women's sports enhancement programs. These programs set a deadline for achieving gender equity by creating new women's teams, elevating others and providing additional funding in a broad spectrum of areas. In all three divisions, equality has been reached or is being approached as shown in the 2002-03 NCAA Gender-Equity Report Executive Summary. The most significant increase in womenís sports is in Division I-AAA sports, where womenís participation in sports has surpassed menís participation. Today more than 100,000 women participate in intercollegiate sports, up from 25,000 in 1971.

For the sake of improving Title IX, because it has faults that have previously discussed. As for recommendations on how to improve, education of Title IX needs to be increased towards students as well as parents. Another recommendation is to remind all stakeholders, including school governance, administration and staff of the school district that they are responsible for upholding Title IX. Providing safety in schools educational environments of all levels is crucial: primary, secondary, and further. Multiple forms of discrimination serve as barriers and affect academic performance, choices and career aspirations of both students and employees. While the implementation of Title IX has improved opportunities for both boys and girls, men and women, educational institutions must continue to maintain and promote equality of opportunity for all students and employees.

In summary, Title IX is beneficial all around. Title IX itself acts as an equalizer and causes many positive results. It is easy to see that Title IX is the best thing to occur to athletics. Title IX prohibits discrimination on the basis of sex in any education program or activity, including intercollegiate athletics, at colleges receiving federal financial assistance. The Supreme Court determined on March 29, 2005 that Title IX should be extended to cover those who report the discrimination. Even more important than college athletic scholarships and varsity athletic participation, which affect a relatively small number of talented female athletes, are the health benefits of physical education. Title IX applies to general physical education as well as intramural and recreational sports activities. These physical activity programs motivate even more girls and women to lead active lifestyle. By joining in an active lifestyle, this causes girls to realize the importance of exercise as well as how fun it can be. Then, as these females mature they can remain active into old age. This results in longevity and vitality. Title IX has provided the United States with a mechanism for great improvement that should continue.


(Empowering Women in Sports, The Empowering Women Series, No. 4; A Publication of the Feminist Majority Foundation, 1995)

Good Sports, Inc., Title IX and Gender Equity Specialists, "Title IX Facts."

2002-03 NCAA Gender-Equity Report Executive Summary

Intercollegiate Athletics: Status of Efforts to Promote Gender Equity GAO/HEHS-97-10 October 25, 1996 April 19, 2005.

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