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1 1 (February 9, 2023)

handle is hein.crs/goveknh0001 and id is 1 raw text is: Con gressionl Research Service nfrmiung Ih legitive debatL sirnce 1914 Title IX and Athletics: Legal Basics 0 February 9, 2023 Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in education programs and activities that receive federal financial assistance. 20 U.S.C. § 1681. Although the statute does not mention athletics, long-standing regulations implementing Title IX provide that recipients may not discriminate based on sex in athletics programs or activities. 34 C.F.R. §§ 106.41 (athletics); 106.37 (financial assistance). As recipients of federal funding, most private and public postsecondary institutions, as well as public schools at the K-12 level, are subject to Title IX (the statute does have exemptions, including for admissions policies at certain educational institutions). Since the law's passage, women's participation in athletics has increased substantially at both the high school and college levels. To clarify the requirements in Title IX's athletics regulations, the U.S. Department of Health, Education, and Welfare issued a Policy Interpretation in 1979 to offer guidance for covered colleges and universities operating intercollegiate athletics programs. Congress soon after split that agency into the Department of Health and Human Services and the Department of Education (ED). Drawing from Title IX's athletics regulations, the Policy Interpretation lays out three basic categories in which recipient schools face Title IX obligations with respect to their athletics programs and activities: Proportional Financial Assistance (i.e., scholarships) Equivalent Benefits and Opportunities Effective Accommodation of Interest and Abilities While directed toward intercollegiate athletics, the general principles and standards in the Policy Interpretation often apply to interscholastic athletics programs at the elementary and secondary levels, as well as to club and intramural programs. This In Focus provides background on Title IX's athletics requirements, including the basics of what legal obligations recipient schools face, how the law is enforced, and emerging legal questions relevant to athletics. Enforcement Title IX is generally enforced in two ways: (1) through private lawsuits brought directly against recipients in federal court and (2) by federal agencies that provide funding to recipients. Federal agencies that distribute federal financial assistance to education programs are responsible for promulgating regulations to implement Title IX and may terminate or suspend assistance in cases of non- compliance. Because ED distributes substantial financial assistance in the elementary, secondary, and postsecondary contexts, ED's Office for Civil Rights (OCR) plays a lead role in enforcing Title IX against schools that receive ED funding. OCR investigates complaints of discrimination against recipients and also publishes guidance, such as Dear Colleague letters, explaining the meaning of, and how to comply with, Title IX and its implementing regulations. Separate Ath letics Teams While Title IX prohibits sex discrimination in recipient schools' athletics programs, this does not mean all sex- based distinctions are banned. According to Title IX regulations, schools may offer separate athletics teams for each sex where selection is based on competitive skill or the activity is a contact sport. In addition, subject to the obligations described below, while schools must provide equal athletics opportunity to members of both sexes, they do not necessarily need to offer the same sports for each sex. That said, if a school only offers a sport for one sex, and opportunities for the other sex have been previously limited, a student from the excluded sex must be allowed to try out for the team unless it is a contact sport. (Contact sports include boxing, wrestling, rugby, ice hockey, football, and basketball.) Three Categories of Obligations The three general categories of legal obligations that Title IX imposes on school athletics programs relate to (1) scholarships; (2) equivalent program treatment; and (3) accommodation of interest and abilities. Proportional Scholarships When colleges and universities award athletics scholarships, they must offer reasonable opportunities for awards for members of each sex in proportion to the number of students participating in intercollegiate athletics. This obligation does not mean the dollar amount of scholarships for men and women must be perfectly equal. Instead, total assistance awarded to each sex must be substantially proportionate to the participation rates of men and women. Put another way, if 60% of an institution's intercollegiate athletes are women, then the total amount of aid to women athletes should be approximately 60%. Disparities can be justified by certain legitimate, nondiscriminatory factors. Equivalent Benefits and Opportunities Title IX regulations require recipients that operate athletics programs to provide equal athletic opportunity for members of both sexes. In determining whether this standard is met, a range of factors are relevant, including equipment; scheduling; travel expenses; coaching and tutoring, including compensation thereof; practice and competitive facilities; medical and training facilities and

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