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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 Higher Education Amendments Act of 1972 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.<ref>http://www.law.cornell.edu/uscode/text/20/1681</ref> [[20 U.S.C. § 1681(a)]]. Title IX became law in 1972. This requirement applies to all aspects of an educational institution even if only one department within the institution receives federal aid.
==Admissions==
Perhaps the most controversial area where Title IX has been applied has been in the admission policies of schools. At the time Title IX was passed, there were a large number of single-sex institutions. Title IX did not apply to private, single-sex institutions. 20 U.S.C. § 1681(a)(1). The law gave institutions that changed to coed status a seven year window of non-compliance during the transition.
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>
Some coeducational institutions used different admissions standards for male and female applicants. In 2009, the United States Civil Rights Commission launched an investigation into whether college admissions policies discriminated based on gender.<ref>{{cite news|url=http://www.usnews.com/news/articles/2009/11/18/us-civil-rights-commission-investigates-college-admission-bias|title=
U.S. Civil Rights Commission Investigates College Admission Bias|first=Zach|last=Miners|date=November 18, 2009|accessdate=August 30, 2012}}</ref>
==Sports==
As a practical 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>
: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.
:In 1972 when we enacted the Higher Education Act--including Title IX--to end discrimination against women, we sought to be exceedingly explicit so that the establishment of quotas would be prohibited. I was surprised and dismayed when complaints from colleges and universities came in stating that the Department of Labor was requiring them to meet quotas. . . . Title IX was not designed to do away with intercollegiate sports.
:In 1972 when we enacted the Higher Education Act--including Title IX--to end discrimination against women, we sought to be exceedingly explicit so that the establishment of quotas would be prohibited. I was surprised and dismayed when complaints from colleges and universities came in stating that the Department of Labor was requiring them to meet quotas. . . . Title IX was not designed to do away with intercollegiate sports.
== Proportionality Test ==
=== Proportionality Test ===
The Department of Health, Education and Welfare (HEW) and later the Department of Education have issued regulations to implement Title IX. The [[Democratic]] Administrations of Presidents [[Jimmy Carter]] and [[Bill Clinton]], have interpreted these regulations to say that 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.
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>
== Legal Standard ==
== Legal Standard ==
"Title IX requires complaining parties to meet a particularly tough test. Damages can be won only when a school district has shown 'deliberate indifference.'" This is in contrast with the standard under [[Section 1983]], and in 2009 the [[Supreme Court]] will decide whether both remedies are available for lawsuits against public schools, or only Title IX.<ref>http://www.usatoday.com/printedition/news/20081201/court01_st.art.htm?POE=click-refer</ref>
"Title IX requires complaining parties to meet a particularly tough test. Damages can be won only when a school district has shown 'deliberate indifference.'" This is in contrast with the standard under [[Section 1983]] of the [[Civil Rights Act]], and in 2009 the [[Supreme Court]] will decide whether both remedies are available for lawsuits against public schools, or only Title IX.<ref>http://www.usatoday.com/printedition/news/20081201/court01_st.art.htm?POE=click-refer</ref>
== [[Homosexual Agenda]] ==
== [[Homosexual Agenda]] ==