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| | '''Title IX''' is a section of the [[Civil Rights Act]] which mandates that no one "be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance" on account of sex. [[20 U.S.C. § 1681(a)]]. Title IX became law in 1972. | | '''Title IX''' is a section of the [[Civil Rights Act]] which mandates that no one "be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance" on account of sex. [[20 U.S.C. § 1681(a)]]. Title IX became law in 1972. |
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| − | Congress expressly prohibited quotas:<ref>20 U.S.C. § 1681(b).</ref> | + | As a practice matter Title IX results in quota-like requirements in college sports, such that women's participation on team rosters (compared to men's) must be equal to their proportional enrollment in the school (compared to men's) under the [[proportionality test]]. This is despite the fact that Congress expressly prohibited quotas:<ref>20 U.S.C. § 1681(b).</ref> |
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| | :Nothing contained in . . . this section shall be interpreted to require any educational institution to grant preferential or disparate treatment to the members of one sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in or receiving the benefits of any federal program or activity, in comparison with the total number or percentage of persons of that sex in any community, State, section, or other area. | | :Nothing contained in . . . this section shall be interpreted to require any educational institution to grant preferential or disparate treatment to the members of one sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in or receiving the benefits of any federal program or activity, in comparison with the total number or percentage of persons of that sex in any community, State, section, or other area. |
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| | == Proportionality Test == | | == Proportionality Test == |
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| − | Title IX is controversial not for what it says, but how it is applied. Under informal regulations adopted by the [[Democratic]] Administrations of Presidents [[Jimmy Carter]] and [[Bill Clinton]], a [[gender]] [[proportionality test]] may be applied to schools that receive any federal money concerning. This test causes these institutions to attempt to have the same proportion of boys and girls on sports teams as are enrolled in the school, regardless of interest in sports. Some seek to apply this proportionality test to [[math]] and [[science]] programs also.
| + | Under informal regulations adopted by the [[Democratic]] Administrations of Presidents [[Jimmy Carter]] and [[Bill Clinton]], a [[gender]] [[proportionality test]] may be applied to schools that receive any federal money concerning. This test causes these institutions to attempt to have the same proportion of boys and girls on sports teams as are enrolled in the school, regardless of interest in sports. Some seek to apply this proportionality test to [[math]] and [[science]] programs also. |
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| | Courts have misapplied [[Title IX]] to allow massive jury awards whenever a coach is let go or not rehired. For example, a [[California]] trial court awarded over $5.8 million to an ex-volleyball coach because she claimed that a state college did not renew her coaching contract "because of her perceived sexual orientation and her speaking up on behalf of female athletes."<ref>[http://seattletimes.nwsource.com/html/sports/2003782004_vivas10.html Seattle Times]</ref> | | Courts have misapplied [[Title IX]] to allow massive jury awards whenever a coach is let go or not rehired. For example, a [[California]] trial court awarded over $5.8 million to an ex-volleyball coach because she claimed that a state college did not renew her coaching contract "because of her perceived sexual orientation and her speaking up on behalf of female athletes."<ref>[http://seattletimes.nwsource.com/html/sports/2003782004_vivas10.html Seattle Times]</ref> |