Leveling the Playing Field: Reforming the Office for Civil Rights to Achieve Better Title IX Enforcement

Abstract:     
In this Article the Author discusses improving Title IX compliance in athletic programs by reforming the Office for Civil Rights ("OCR"), the agency within the Department of Education responsible for Title IX enforcement. The Author addresses several problem areas within OCR's procedures, including OCR's approach toward student grievances, its standards for assessing alleged Title IX violations, and its inadequate monitoring and enforcement of institutions in violation of Title IX.

Part I introduces the history of Title IX. Part II describes the legislation and regulations that mandate gender equity in educational institutions. Part III summarizes the case law that has affected the scope of Title IX's application. Part IV suggests specific OCR reforms that, in conjunction with local institutional efforts, would improve compliance with Title IX. Part V outlines approaches previously offered to remedy current Title IX enforcement challenges, and discusses why they do not adequately deal with the noncompliance situation. Part VI asserts that, despite challenges, reforming OCR is currently the most effective option to achieve improved Title IX compliance in our educational institutions.

Number of Pages in PDF File: 28

Keywords: Title IX, Office of Civil Rights, civil rights, athletics, athletic programs, civil rights and discrimination

Accepted Paper Series