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'''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.
'''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.
==Applicability=
Title IX applies to institutions receiving direct federal aid. In ''Grove City College v. Bell'', 465 U.S. 555 (1984), the Supreme Court ruled that Title IX did not apply to schools that did not receive federal aid, even though the school's students received federal financial assistance. If any one department receives federal aid, the entire institution is subject to Title IX. Title IX does not apply to private, single-gender institutions, but it applies to all state institutions even if the school serves only one-gender.
Title IX does not apply to military academies,<ref>20 USC § 1681(a)(3).</ref> social fraternities and sororities,<ref>20 USC § 1681(a)(6).</ref> or Boy or Girl conferences (such as [[Boys State]].<ref>20 USC § 1681(a)(7.</ref> Title IX allows for gender-separated living facilities.<ref>20 USC § 1686.</ref> Title IX does not apply to religious-controlled institutions to the extent that the discrimination is based on the institution's religious practices.
==Sports==
==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>
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.
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.
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.
Over 400 men's sports teams have been eliminated by the quota-based application of Title IX, including over 170 wrestling teams.<ref>http://www.athleticscholarships.net/title-ix-college-athletics-6.htm</ref>
Over 400 men's sports teams have been eliminated by the quota-based application of Title IX, including over 170 wrestling teams.<ref>http://www.athleticscholarships.net/title-ix-college-athletics-6.htm</ref>
== Harassment ==
== Harassment ==
In ''Franklin'', a female high school student had been sexually harassed and abused by her male teacher. Although the teacher resigned on the condition that all claims against him be dropped, the suit continued against the school district for monetary damages. In [http://www.law.cornell.edu/supremecourt/text/96-1866/#writing-ZS ''Gebser v. Lago Vista Independent School District'', 524 U.S. 274(1998),] a female high school student had a sexual relationship with a male teacher, who was arrested when the school authorities found out. The student then sued the school district for money damages, but the Supreme Court held that damages could only be awarded if a supervisor in the school knew of the abuse, had the power to end it, but failed to do so. In ''Davis v. Monroe County Board of Education'', [http://www.law.cornell.edu/supct/html/97-843.ZO.html 526 U.S. 629 (1999)] the Supreme Court held that if a school was "deliberately indifferent" to student-on-student sexual harassment, it would be liable for damages under Title IX. In ''Davis'', a fifth grade boy was repeatedly harassing a girl student with the teachers and principal ignoring her parents' complaints.
In ''Franklin'', a female high school student had been sexually harassed and abused by her male teacher. Although the teacher resigned on the condition that all claims against him be dropped, the suit continued against the school district for monetary damages. In [http://www.law.cornell.edu/supremecourt/text/96-1866/#writing-ZS ''Gebser v. Lago Vista Independent School District'', 524 U.S. 274(1998),] a female high school student had a sexual relationship with a male teacher, who was arrested when the school authorities found out. The student then sued the school district for money damages, but the Supreme Court held that damages could only be awarded if a supervisor in the school knew of the abuse, had the power to end it, but failed to do so. In ''Davis v. Monroe County Board of Education'', [http://www.law.cornell.edu/supct/html/97-843.ZO.html 526 U.S. 629 (1999)] the Supreme Court held that if a school was "deliberately indifferent" to student-on-student sexual harassment, it would be liable for damages under Title IX. In ''Davis'', a fifth grade boy was repeatedly harassing a girl student with the teachers and principal ignoring her parents' complaints.
Courts have interpreted [[Title IX]] to allow massive jury awards in cases where 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 ===
"Title IX requires complaining parties to meet a particularly tough test for money damages in a private lawsuit. 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>
== References ==
== References ==