Title IX continues to make history

Today marks the 50th anniversary of Title IX being enacted into law, marking a shift in sports and education. Title IX prohibits federally funded educational institutions, from elementary to university-level schools, from discriminating against students or employees based on sex. It was signed into law by President Richard Nixon on June 23, 1972. "No person in the United States shall, on the basis of sex, 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," the law states. Due to this, schools must provide fair and equal treatment for all students in all areas. The purpose and mission of Title IX remain strong and necessary, impacting sports, gender gaps in education, and how educational institutions respond to reports of sexual harassment and assault. Rep. Patsy Mink (Hawaii) was an influential author and sponsor of Title IX, written partially due to the challenges she faced while gaining her education. Mink was the first woman of color elected and the first Asian American to serve in the U.S. House of Representatives. She served 12 terms, according to the American Civil Liberties Union. The official name of Title IX was changed in her honor after her death in 2002 to the Patsy T. Mink Equal Opportunity in Education Act. Title IX changes athletics While Title IX was passed in 1972, federal regulations weren't issued for athletics until 1975. The Department of Health, Education and Welfare published the final Title IX regulations and "Elimination of Sex Discrimination in Athletics Programs." High schools and colleges were given three years, and elementary schools one year, to comply. In September 1976, Ann Meyers became the first woman to receive a four-year athletic scholarship to play basketball at UCLA. Meyers made history again as the first and only woman to sign an NBA contract three years later. In December 1979, the Department of Health, Education and Welfare issued a policy interpretation on Title IX, focusing on each institution's obligation for equal opportunities. This created the three-prong test, still used to gauge participation compliance. The test outlines how institutions can show compliance with Title IX with the percentage of women athletes being proportionate to enrollment rates, athletic opportunities and benefits, and accommodations for student-athletes, along with financial assistance. In the same year, the U.S. Supreme Court ruled that individuals have the right to sue under Title IX in Cannon v. University of Chicago. In 2011, a judge's ruling established that Title IX protects against sexual harassment for all students, according to the National Coalition for Women and Girls in Education, including that athletes and schools should use procedures already in place within the school system to handle sexual violence or harassment. With the passage of this law, students may not be denied opportunities — from admissions, financial aid, post-secondary institutions, services and counseling, athletics and physical education — based on their gender. By Title IX's 40th anniversary, the number of girls participating in high school sports nationwide had risen to more than 3 million. And after a six-year legal battle, the U.S. women's national soccer team reached a settlement in a class action equal pay lawsuit. The U.S. Soccer Federation has pledged to equalize pay between men's and women's teams for all competitions. Sexual assault through Title IX In September 1980, five Yale College women brought the university to court in Alexander v. Yale. As a result of a judge's ruling in that case, an education institution's lack of regulations for handling sexual harassment would now be considered sexual discrimination and covered by Title IX. The college created a procedure to manage sexual harassment complaints, kickstarting similar systems in higher education. Title IX prohibits sexual harassment by both students and teachers, and schools are required to address issues and prevent them from occurring. Sexual discrimination also includes harassment based on biological sex and a failure to conform to gender stereotypes. In 1992, the Supreme Court ruled in Franklin v. Gwinnett County Public Schools that monetary damages are available under Title IX when previously only injunctive relief was available. Schools are responsible for taking steps to prevent sexual harassment, and for responding quickly and effectively to harassment when it occurs. Schools also cannot retaliate against a person because they opposed an unlawful educational practice or policy or took action against discrimination. Where we stand Sara C. Clark, chief legal counsel for the Ohio School Boards Association, said school districts are obligated to respond to incidents and allegations of sexual harassment under Title IX regulations. Updates to the law, which became effective in August 2020, "address the practical challenges facing students, employees and districts, with respect to sexual harassment allegations in education programs and activities." "In all cases, a school district's general obligation is to respond promptly and in a manner that is not clearly unreasonable in light of known circumstances," Clark wrote in an article for the Ohio School Board Association Journal's October edition. School districts must treat "individuals who are alleged to be the victim (complainant) and perpetrator (respondent) of sexual harassment equitably by offering supportive measures," including counseling, course modification, schedule changes and increased monitoring or supervision. Title IX also restricts the ability of school districts "to impose disciplinary sanctions or take other adverse actions against alleged perpetrators of sexual harassment until after an investigation occurs and a determination of responsibility is made." School districts are also required to post their Title IX policy and procedure on their websites. Title IX also protects educational opportunities for pregnant and parenting students. According to the U.S. Department of Justice, education is linked to other aspects such as participation in the labor force, increased earnings, better health and better access to health care. In January 2021, President Joe Biden signed an executive order that all people should receive equal treatment under the law no matter their gender identity or sexual orientation. As the Supreme Court said in Grutter v. Bollinger, equal opportunity in education is necessary "so that all members of our heterogeneous society may participate in the educational institutions that provide the training and education necessary to succeed in America."