ERIC Number: ED427564
Record Type: Non-Journal
Publication Date: 1998-Nov
Reference Count: N/A
Cohen v. Brown University and the Acceleration of Gender-Equity in Higher Education. ASHE Annual Meeting Paper.
Hunt, Robert R.
This paper examines the implications of the 1972 Title IX Education Amendments and the 1997 U.S. Supreme Court Cohen v Brown University decision on gender equity in athletics in higher education. It argues against the widely held belief in higher education that in the process of implementing social reforms such as Title IX, which broadly prohibits discrimination on the basis of sex under any education program or activity receiving federal financial assistance, "the law" operates as an irrevocable barrier between what is wanted or desirable and what reason dictates is possible. The paper maintains that the current Title IX doctrine bears a closer resemblance to the broad policy ambitions of the women's movement prior to the statute's enactment than to their legal expression in the statute, and that the decision making underlying the result has been at least as entrepreneurial as it has been dutiful to the mandate and its legislative history. It is concluded that from a highly confined expression of nondiscrimination policy, Title IX policy currently embraces programs as economically insular as athletics, and is arguably less concerned with rectifying the discriminatory conduct of colleges and universities than societal attitudes about female participation in sport. (Contains 50 references.) (MDM)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Education Amendments 1972; Title IX Education Amendments 1972