Abstract

http://ssrn.com/abstract=928548
 
 

Citations (1)



 
 

Footnotes (348)



 


 



Survey Says ... A Critical Analysis of the New Title Ix Policy and a Proposal for Reform


Erin Buzuvis


Western New England University School of Law

2006

Iowa Law Review, Vol. 91, p. 821, 2006

Abstract:     
More than thirty years have passed since Congress enacted Title IX, the statute prohibiting sex discrimination by schools, colleges, and universities that receive federal funding. In that time, Congress has confirmed -and reconfirmed- the statute's application to college athletic programs, and the Supreme Court has strengthened the statute's enforcement by construing a private right of action for both injunctive relief and, in certain cases, money damages. Bolstered by these measures, Title IX is duly credited for increasing the number of athletic opportunities for women and girls. But at the college level, female athletes still have far fewer opportunities to participate in athletics relative to their male peers. At most colleges and universities, the percentage of student athletes who are female is lower than the percentage of female college students. One reason for this is that Title IX and its implementing regulations do not mandate that universities attain substantial proportionality. In fact, the regulatory compliance policy that the Office for Civil Rights ("OCR") has administered since 1979 allows for three separate and alternative measures (or "prongs") for complying with Title IX. Universities' efforts to attain compliance under the proportionality prong are often stymied by budget constraints, perceived or otherwise, that prevent universities from achieving proportionality by simply adding opportunities for women. And while universities could alternatively attain proportionality by capping or reducing athletic opportunities for men, this approach is unpopular among male athletes, their coaches, and their supporters. The Author discusses the current state of the law and presents proposals for reform.

Number of Pages in PDF File: 63

Keywords: Title IX, sports

Accepted Paper Series


Download This Paper

Date posted: September 6, 2006 ; Last revised: December 28, 2011

Suggested Citation

Buzuvis, Erin, Survey Says ... A Critical Analysis of the New Title Ix Policy and a Proposal for Reform (2006). Iowa Law Review, Vol. 91, p. 821, 2006. Available at SSRN: http://ssrn.com/abstract=928548

Contact Information

Erin Buzuvis (Contact Author)
Western New England University School of Law ( email )
1215 Wilbraham Road
Springfield, MA 01119
United States

Feedback to SSRN


Paper statistics
Abstract Views: 842
Downloads: 107
Download Rank: 150,322
Citations:  1
Footnotes:  348

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.235 seconds