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Equality Beyond the Three-Part Test: Exploring and Explaining the Invisibility of Title IX’s Equal Treatment Requirement

34 Pages Posted: 19 Dec 2011 Last revised: 20 Jul 2012

Erin Buzuvis

Western New England University School of Law

Kristine E. Newhall

University of Massachusetts Amherst - Isenberg School of Management; University of Massachusetts Amherst - Isenberg School of Management

Date Written: 2012

Abstract

It is clear from the proliferation of cases and complaints challenging programmatic disparities in school and college athletic programs that Title IX’s goal of equal treatment has not been fully realized. In this Article the Authors examine why many school officials administer athletic departments in apparent oblivion to Title IX’s equal treatment mandate. Section II provides the history of the Title IX’s equal treatment provisions and their enforcement at the high school and collegiate levels since the 1970s. The Authors also discuss trends in the types of equal treatment violations and the success of both public and private enforcement. In Section III the Authors analyze why the equal treatment mandate remains largely absent from the public discourse about Title IX through a discussion of the political philosophy and climate in the United States, constructions of masculinity, and the role of amateurism in sport. Finally, in Section IV, the Authors offer recommendations to address the relative invisibility of Title IX’s equal treatment mandate with the goal of facilitating greater enforcement of equal treatment provisions and improving the overall (e)quality of athletics.

Keywords: Title IX, equal treatment, high school athletics, college athletics

Suggested Citation

Buzuvis, Erin and Newhall, Kristine E., Equality Beyond the Three-Part Test: Exploring and Explaining the Invisibility of Title IX’s Equal Treatment Requirement (2012). Marquette Sports Law Review, Vol. 22, p. 427, 2012; Western New England University School of Law Legal Studies Research Paper No. 12-1. Available at SSRN: https://ssrn.com/abstract=1974576

Erin Buzuvis (Contact Author)

Western New England University School of Law ( email )

1215 Wilbraham Road
Springfield, MA 01119
United States

Kristine E. Newhall

University of Massachusetts Amherst - Isenberg School of Management ( email )

Amherst, MA 01003-4910
United States

University of Massachusetts Amherst - Isenberg School of Management ( email )

Amherst, MA 01003-4910
United States

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