Title IX
-federal statute "no one shall on the basis of sex 1. be excluded from participation in 2. be denied benefits of, or 3. be subjected to discrimination under any edu program or activity receiving federal financial assistance."
Title IX Enforcement
initially
today
initially - dept of health, edu, and welfare
today - office of civil rights (OCR)
Title IX Regulations (2)
-created by OCR to help explain what the law means and what violates the law
-Title IX implemented thru regulation:
34 C.F.R. 106.41 (a)
2 types of Title IX claims
- accommodation claims
2. equal treatment claims
accommodation claims
-deals with opportunity to participate in athletics
34 C.F.R. 106.41 (c)(1)
equal treatment claims
-deals with sex-based differences in schedules, equipment, coaching, and other factors affecting participation in athletics
34 C.F.R. 106.41 (c) (2) - (10)
-as well as sponsorships
34 C.F.R. 106.37 (c)
1st safe harbor (for accommodation claims) (4)
- substantial proportionality
- whether opportunity for m and f students are provided in #s substantially proportionate to their respective enrollment
- most used; most schools rely on this prong
- must be w/in 3%
2nd safe harbor (for accommodation claims) (4)
- where members of one sex have been and are unrepresented
- where institution can show a history of continuing practice of program expansion
- must be demonstrably responsive to developing interests and abilities of members of that sex
- hard to show/prove
3rd safe harbor (for accommodation claims) (5)
- where members of one sex are underrepresented
- institution cant show a continued practice of program expansion
- where it can be demonstrated that the interests and abilities of the members of the sex have been fully and effectively accommodated by the present program
- thru student polls/research
- very hard to prove
Title IX for football
fb has its own provisions bc fb scholarships, funding, etc
main things you can get for Title IX claim? (2)
- money
2. injunction
obtaining a preliminary objection (4)
- must meet 4 parts to get it
1. substantial likelihood of success on the merits
2. substantial threat of irreparable injury
3. threatened injury to plaintiff outweighs injury to the nonmovant
4. injunction would not diserve public interest
contact sports exception (4)
Mercer v. Duke
- schools are allowed to have sep. sports for each gender
- if a school only has 1 sport, anyone can try out for team as long as it’s a non-contact sport
- defendant didnt have to let plaintiff tryout bc fb is a contact sport
- but defendant let plaintiff tryout, then discriminated against plaintiff = you can’t do that
boucher v. syracuse
to not make claim moot
- ask for damages
- money and/or injunction
- you could ask for damages for all years bc the school didnt have the sport
