ERIC Number: ED412828
Record Type: Non-Journal
Publication Date: 1993
Reference Count: N/A
Title IX in Intercollegiate Athletics: Litigation Risks Facing Colleges and Universities. AGB Public Policy [Paper] Series, No. 93-2.
Association of Governing Boards of Universities and Colleges
Recently Title IX lawsuits have highlighted the vulnerability of colleges and universities to claims of gender discrimination in intercollegiate athletics. Female athletes have sued schools for eliminating varsity sports and for failing to create varsity teams. In addition, discrimination claims related to other gender-based issues have been filed. Title IX lawsuits can have serious consequences for institutions, including monetary damages, attorneys' fees, court-mandated funding of programs, court control of athletics programs, and additional litigation. Compliance with the law may be established by satisfying one of three tests: "Safe Harbor," wherein the institution can show that participation opportunities for male and female students are substantially proportionate to student enrollments; a history and continuing practice of programs responsive to members of the "underrepresented" sex; or that the interests and abilities of the "underrepresented" sex are "fully and effectively accommodated" by existing programs. To reduce litigation risk, the report suggests several steps, including: (1) making a careful Title IX assessment before eliminating any women's intercollegiate teams; (2) giving adequate notice of any changes and taking steps to mitigate the impact of the change; (3) making sure that institutional personnel are well acquainted with Title IX standards; and (4) reviewing existing procedures for evaluating and acting on new program requests. (CH)
Descriptors: Civil Rights Legislation, College Athletics, Colleges, Compliance (Legal), Court Litigation, Enrollment, Equal Facilities, Federal Aid, Federal Regulation, Gender Issues, Higher Education, Legal Responsibility, Sanctions, Sex Discrimination, Student Recruitment, Student Rights, Universities
Association of Governing Boards of Universities and Colleges. 1133 20th Street NW Suite 300, Washington, DC 20036. Tel: 800-356-6317; Tel: 202-296-8400; Fax: 202-223-7053; Web site: http://www.agb.org
Publication Type: Reports - Evaluative
Education Level: N/A
Audience: Administrators; Practitioners
Authoring Institution: Association of Governing Boards of Universities and Colleges, Washington, DC.
Identifiers - Laws, Policies, & Programs: Education Amendments 1972; Title IX Education Amendments 1972