Title IX provides that no person shall be excluded from participation in any educational program or activity that receives federal funding. This legislation is credited with bolstering the participation rates of girls and women in athletics. Although athletics are not explicitly addressed in the statutory language, Title IX requires schools to offer male and female students equal opportunities to play sports, to give male and female athletes their fair share of athletic scholarship money, and to treat male and female athletes equally in all other respects, including equipment, facilities and coaching. Proponents of Title IX claim that participation in sports leads to important health and wellness benefits for female athletes. The critics of Title IX argue that the legislation has caused schools to cut male teams in order to comply with Title IX and claim that women are inherently less interested in sports than men. In order to gain a better understanding of Title IX and its effect on intercollegiate athletics, this article provides the researcher with a comprehensive bibliography on the topic, including those articles discussing how the courts have used Title IX to address sexual harassment on college campuses. This article starts with a discussion of the law’s legislative history and its effect on participation rates of female athletes. This is followed by a comprehensive list of books on Title IX and an annotated list of law review articles on the law. Furthermore, the bibliography includes a list of Internet resources for Title IX, including relevant websites and blogs. INTRODUCTION While holding practice at school one day in 1976, the boys’ basketball coaches noticed the listing on the bulletin board of those students with the best times in the fifty-yard dash. The coaches did not recognize the names of the two children with the best times. After finding the gym teacher, the coaches asked him why those two “boys” were not playing on the school’s basketball team. The gym teacher’s

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A bibliography of title ix of the education amendments of 1972

Educator sexual misconduct is a problem that has gained increased attention because of the high-profile cases reported by the news media. Yet, the diversity in state law regarding this offense rema...

https://journals.sagepub.com/doi/pdf/10.1177/0887403418806564

Educator Sexual Misconduct: A Statutory Analysis:

Sexual harassment is a continuing concern for employers and administrators in the workplace and in educational institutions. When Congress enacted Title VII of the Civil Rights Act in 1964, one goal of this legislation was to eradicate sex discrimination in the workplace (42 U.S.C. § 2000e-2(a)(1)). Later, in 1972, Congress further acted to prevent sex discrimination in educational settings when it passed Title IX of the Education Amendments (20 U.S.C. § 1681 et seq., 2006). The concept of sexual harassment was adopted under Title VII from theories put forth by scholars in the late 1970s based upon documentation by journalists from that period (Farley, 1978; MacKinnon, 1979). By the end of the 1970s, courts had incorporated the concept of sexual harassment into Title VII in quid pro quo situations, which occurs when a subordinate's employment opportunities are conditioned on a sexual relationship with a superior (Barnes v. Costle, 1977; Miller v. Bank of America, 1979). In their reluctance to get involved in settling disputes between men and women, these early cases only recognized sexual harassment in the narrowly defined quid pro quo area.This paper will explore the differences between Title VII and Title IX sexual harassment claims and discuss several recent cases under Title IX that illuminate the limitations of Title IX as an effective and adequate agent for addressing sexual harassment in an academic environment involving athletes. The first section will briefly summarize current literature addressing the prevalence of sexual harassment in the United States. The next section will provide an overview of sexual harassment claims under both Title VII and Title IX with a particular emphasis on the differences between the claims and the rationale behind those differences. The final section will examine recent cases involving student athletes raising Title IX claims and discuss the conflicting outcomes in those cases and the limitations of the remedies available under Title IX to combat sexual harassment in athletic settings.

An Examination of the Legal Framework between Title Vii and Title Ix Sexual Harassment Claims in Athletics and Sport Settings: Emerging Challenges for Athletics Personnel and Sport Managers

I. TITLE IX'S PROHIBITION AGAINST SEX DISCRIMINATION .............. 579 A. Title IY Covers Programs and Activities in Schools That Receive Federal F unds .......................................................................................................... 579 B. Expanding Title IX To Recognize A Private Cause ofAction for Sexual H arassm ent ................................................................................................. 583 II. DEFINING THE STANDARDS FOR LIABILITY UNDER TITLE IX ...... 587 A. Gebser v. Lago Vista Independent School District ..................................... 587 B. Davis v. Monroe County Board of Education ............................................. 588 C. Supreme Court Analysis .............................................................................. 591 HI. ANALYZING KEY ELEMENTS OF THE \"DELIBERATE INDIFFERENCE\" STANDARD TO ESTABLISH TITLE IX LIABILITY ............................................................................................. 594 A . Hypothetical ................................................................................................ 595 B. Key Elements To Establish Title IXLiability For Sexual H arassm ent ................................................................................................. 596 1. Naomi Is A Member of A Protected Group Based On Her Sex .............. 597 2. Naomi Was Subjected to Unwelcome Conduct Of A Sexual Nature ...... 598 a. Quid Pro Quo Sexual Harassment ....................................................... 600 b. Hostile Educational Environment ....................................................... 602 3. The Unwelcome Sexual Conduct Was So Severe, Pervasive, and

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A New Lesson Plan for Educational Institutions: Expanded Rules Governing Liability Under Title IX of the Education Amendments of 1972 For Student and Faculty Sexual Harassment

Kenneth B. Grooms

Papers

A New Lesson Plan for Educational Institutions: Expanded Rules Governing Liability Under Title IX of the Education Amendments of 1972 For Student and Faculty Sexual Harassment