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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