Title IX Compliance and Preference for Men in College Admissions

Title IX has undoubtedly increased athletic opportunities for young high school and college women. What is less well understood is whether Title IX has had the unintended consequence of decreasing educational opportunities for young women relative to men. This paper examines the relationship between a university\u27s compliance with Title IX via the proportionality standard and the subsequent admit rate difference by sex. I find that a lower proportionality measure, indicating a lack of Title IX compliance, results in an increase in preference for non-athlete males in college admissions

The Concept of Substantial Proportionality in Title IX Athletics Cases

I. Introduction In the past several years, four federal court decisions interpreting Title IX 1 have sent tremors through the collegiate athletic establishment. 2 In all of these cases, the courts found the universities to have failed to provide effec- tive accommodation for the athletic interests and abilities of their women students, as required by the regulations issued pursuant to Title IX. 3 Al- though the regulations state that such accommodation is only one of the factors to be considered in determining compliance with Title IX, it was because of deficiencies in this area that courts found the institutions in viola- tion of the statute. In particular, courts asserted that the universities did not provide participation opportunities to women and men in numbers substan- tially proportionate to their respective enrollments. Unfortunately, the courts failed to supply guidance as to the precise meaning of substantially propor- tionate. This Article suggests a statistical framework for such guidance. II. Statutory Background A. The Title IX Statute and Regulations Title IX of the Education Amendments of 1972 requires that institutions not discriminate on the basis of sex in their athletics programs, including intercollegiate athletics. 4 When Congress originally enacted Title IX, it pro- vided that the Department of Health, Education, and Welfare issue regula- tions that would assist educational institutions in complying with the stat- ute. 5 After the Title IX regulations were promulgated, the Office for Civil Rights (OCR) of the Department of Education issued a Policy Interpretation Manual ..

Hews Regulation Under Tittle IX of the Education Amendments of 1972: Ultra Vires Challenges

Summary of Contents Introduction I. History of Title IX A. The women\u27s movement and higher education B. Evidence of sex discrimination in higher education C. Congressional action leading to enactment of title IX II. HEW\u27s Title IX Regulation A. History of the title IX regulation B. Scope of HEW\u27s title IX regulation III. Ultra Vires Attacks on HEW\u27s Title IX Regulation A. Ultra vires challenges to administrative regulations: in general B. Ultra vires challenges to the title IX regulation 1, The laying before procedure 2. The definition of receiving federal financial assistance a. The language of the statute b. The legislative history c. The interpretation of title VI of the Civil Rights Act of 1964 d. Implications of HEW\u27s definition of receiving federal financial assistance 3. Institutional vs. programmatic application of title IX and the title IX regulation a. The language of the statute b. The legislative history c. Interpretation of title VI of the 1964 Civil Rights Act d. The program-as-institution issue e. Presumption vs. fact: the benefit theory and institutional application of title IX 4. Policy arguments for and against a narrow construction of title IX IV. Conclusio

Hews Regulation Under Tittle IX of the Education Amendments of 1972: Ultra Vires Challenges

Summary of Contents Introduction I. History of Title IX A. The women\u27s movement and higher education B. Evidence of sex discrimination in higher education C. Congressional action leading to enactment of title IX II. HEW\u27s Title IX Regulation A. History of the title IX regulation B. Scope of HEW\u27s title IX regulation III. Ultra Vires Attacks on HEW\u27s Title IX Regulation A. Ultra vires challenges to administrative regulations: in general B. Ultra vires challenges to the title IX regulation 1, The laying before procedure 2. The definition of receiving federal financial assistance a. The language of the statute b. The legislative history c. The interpretation of title VI of the Civil Rights Act of 1964 d. Implications of HEW\u27s definition of receiving federal financial assistance 3. Institutional vs. programmatic application of title IX and the title IX regulation a. The language of the statute b. The legislative history c. Interpretation of title VI of the 1964 Civil Rights Act d. The program-as-institution issue e. Presumption vs. fact: the benefit theory and institutional application of title IX 4. Policy arguments for and against a narrow construction of title IX IV. Conclusio

Beyond the classroom: using Title IX to measure the return to high school sports

Previous research has found that male high school athletes experience better outcomes than non-athletes, including higher educational attainment, more employment, and higher wages. Students self-select into athletics, however, so these may be selection effects rather than causal effects. To address this issue, I examine Title IX which provides a unique quasiexperiment in female athletic participation. Between 1972 and 1978, U.S. high schools rapidly increased their female athletic participation rates (to approximately the same level as their male athletic participation rates) in order to comply with Title IX. This paper uses variation in the level of boys' athletic participation across states before Title IX as an instrument for the change in girls' athletic participation over the 1970s. Analyzing differences in outcomes for both the pre- and post-Title IX cohorts across states, I find that a 10 percentage point rise in state-level female sports participation generates a 1 percentage point increase in female college attendance and a 1 to 2 percentage point rise in female labor force participation. Furthermore, greater opportunities to play sports leads to greater female participation in previously male-dominated occupations, particularly for high-skill occupations.

The Impact of Title IX on Athletics Development in the United States

Nothing has had as much of an impact in the history of public education as Title IX of the Education Amendment of 1972. The increase in the popularity of collegiate sports, especially the revenue sports (football, basketball), has made Title IX and Athletics a hot topic. However, many members of the Title IX generations do not have a clear picture or fully understand the true meaning behind Title IX. This paper tries to close this gap by explaining the relationship between Title IX and Athletics in a timeline format: the birth of Title IX in 1972; Title IX and Athletics in the 1970s; Policy Interpretation and the three-part compliance test applied by H.E.W. to intercollegiate athletic in 1979; three important court cases in the 1990s; and the current progress of Title IX in Athletics

Title IX: Perceptions and Utilization on U.S. College Campuses

The research study investigated student perceptions and utilization of Title IX services on U.S. university and college campuses, testing the hypothesis that if students hold negative perceptions of Title IX offices, then they will not report campus sexual violence they experience to Title IX offices. There are currently high rates of sexual violence on college campuses but very low rates of reporting. Current or former U.S. college students aged 18-30 (N = 47) completed a mixed methods anonymous survey composed of Likert scale and open response questions. Participants were asked about prior interactions with Title IX offices and their perceptions of Title IX investigations (adequacy of resources for victims, helpfulness of Title IX, fairness of Title IX investigations, likelihood of Title IX complaints resulting in consequences for perpetrators). Lastly, participants were asked if they would feel comfortable referring a friend and personally reporting to Title IX, then asked to expand on their answers in an open response format. Participants expressed negative perceptions of and unwillingness to report to Title IX, citing the high perceived consequences and low perceived rewards of undergoing a Title IX investigation. Based on these findings, six recommendations were made to federal, state, and campus policy makers to improve the quality of resource available to victims of campus sexual violence, included repealing recent federal restrictions on Title IX, implementing increased victim safety measures, requiring colleges to release Title IX data, conducting campus climate surveys, increasing inter-resource collaboration, and providing accommodations outside of Title IX investigation

Title IX and the Evolution of High School Sports

The passage of Title IX, the 1972 Education Amendments to the Civil Rights Act, expanded high school athletic opportunities to include girls, revolutionizing mass sports participation in the United States. This paper analyzes high school athletic participation in the United States and how sports offerings for boys and girls changed subsequent to the passage of this legislation. Girls’ sports participation rose dramatically both following the enactment of Title IX and subsequent to enhancements to its enforcement. Approximately half of all girls currently participate in sports during high school; however, there remains a substantial gap between girls and boys participation in many states. States’ average education level and social attitudes regarding Title IX and women’s rights are correlated with this remaining gender gap. Examining individual high school students, sports participation is seen more frequently among those with a privileged background: white students with married, wealthy, educated parents are more likely to play sports. This finding points to an overlooked fact—while Title IX benefited girls by increasing the opportunity to play sports, these benefits were disproportionately reaped by those at the top of the income distribution.