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History of Title 9 1990-Present

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Vince Fosco

EDFN 305

History of Title 9 1990-Present

             The more recent events that surround Title 9 are either laws suits or documents written to improve and clarify the amendment.  The documents were written because of the lawsuits.  The lawsuits happened because schools were not abiding by the amendment.  Recent history of the events surrounding Title 9 were set on improving it.

            In 1990, the Office of Civil Rights of the Department of Education provided a form of guidance to its investigators.  They did this in the form of a new Athletics Investigator’s Manual.  This was an updated and revised version of the 1980 Athletics Investigator’s Manual.  This manual was to provide guidance for the investigators of alleged sexual discrimination in intercollegiate athletics programs.  The manual instructs the investigator to look at the disparities in men’s athletics and then look at the disparities in woman’s athletics.  Once both groups’ disparities have been examined, the investigator will determine if the disparities lean more toward the men or the woman.  If it is determined that the disparities do in fact lean more toward one sex, then a finding of noncompliance is reached.

            In 1992, the sexual discrimination case of Franklin vs. Gwinnett County Public Schools was taken all the way to the U. S. Supreme Court.  The court ruled in favor of Franklin under Title 9 of the Educational Amendments.  The importance of this case was the court ruled that victims of sexual harassment and sexual discrimination in schools could sue for monetary damages.  The court ruled that this was possible under Title 9 of the Educational Amendments.

            Shortly after the Franklin vs. Gwinnett court case, the NCAA began a gender equality study.  This study provides basic information about the ratio between men and women in sports.  The study focuses on areas like participation and scholarships.  The NCAA study has shown an increase in women’s participation and scholarships and a decrease in men’s.  Male participation in the 1992 study showed 69% the male participation rate showed 31%.  That rate changed in 1998 to a 60- 40 ratio.  The scholarship ratio went from 69-31 ratio in 1992 to a 59-41 ratio in1998.

            In 1994 Senator Mosley-Braun sponsored and helped pass the Equity in Athletics Disclosure Act.  The act stated that any higher education institute that receives federal funding must annually disclose certain information about its athletics program.  The information was to be published in the form of a report at the end of the year.  The report should consist of key information like number of undergraduates by gender and their participation in athletics, coaching salaries, operating and athletic expenses and overall revenues.  The first of these reports were to be turned in in October of 1996.

            In 1996, the OCR came out with a clarification to the 1979 three-part test.  This clarification reiterates the requirements and that the institution must choose one of the three requirements.  The clarification goes deeper into the specifics of what the guidelines are that the institution must follow. On top of this, the clarification provides examples to demonstrate how these guidelines will be considered.  The examples are meant to be illustrations and conclusions are to be formed from the details in the examples.

            With they release of these detailed documents, the OCR thought that there was no gray area when it came to Title 9.  This was not the case in 1996 when Brown University brought its case to an appeals court saying that women are less interested in sports then men.  Even with other institutions making the same argument, the appeals court upheld the lower courts ruling in the Cohen vs. Brown University case.  In the early 2000s, similar cases have been brought before courts.  They all carried out with rulings against the schools.  All courts cited Title 9 in their decisions.