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71 U. Det. Mercy L. Rev. 845 (1993-1994)
A University's Defense to a Title IX Gender Equity in Athletics Lawsuit: Congress Never Intended Gender Equity Based on Student Body Ratios

handle is hein.journals/udetmr71 and id is 855 raw text is: A University's Defense to a Title IX Gender Equity in Athletics Lawsuit: Congress Never Intended Gender Equity Based on Student Body Ratios WALTER B. CONNOLLY, JR.* JEFFREY D. ADELMAN* TABLE OF CONTENTS I. Introduction ............................................. 845 II. An Overview of Title IX ................................. 849 III. The Intercollegiate Athletic Provisions of Title IX ....... 854 IV. OCR's Interpretation of the Intercollegiate Athletic Provisions of Title IX .................................... 856 V. Judicial Interpretations of the Intercollegiate Athletic Provisions of Title IX .................................... 868 VI. University Responses to Title IX Audits and Private Actions .................................................. 879 VII. The Use and Misuse of Statistics in Title IX Analysis ..... 894 VIII. The Football Exception-Why Football Should Not Be Overemphasized by Courts .............................. 909 IX. Examples of Typical Litigation Under Title IX ........... 915 X. The United States Constitution and Men's and Women's Sports ................................................... 920 XI. How a University Can Best Comply with Title IX and Win a Lawsuit-Practical Suggestions .................... 923 XII. Conclusion .............................................. 931 I. INTRODUcTION It is beyond dispute that Title IX's goal of equal opportunity be- tween the sexes in intercollegiate sports is worthy. However, as inter- preted by federal agencies and the courts, Title IX has caused as many problems as it has prevented. The United States Department of Edu- * Senior partner of the Detroit and Washington, D.C. offices of the law firm of Miller, Canfield, Paddock & Stone, P.L.C. A.A.B., University of Detroit, Georgetown University, 1964;J.D., University of Southern California, 1967. Mr. Connolly special- izes in the areas of labor law, equal employment opportunity litigation, occupational safety and health issues, and Title IX gender equity in university athletics. ** Associate of the Detroit office of the law firm of Miller, Canfield, Paddock & Stone, P.L.C. J.D., University of Michigan, 1993. Mr. Adelman specializes in the areas of business services, security regulation, and Title IX gender equity in university athletics.

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