Understanding Title IX And It's Impact

History of Title IX

If you know any woman who is an athlete, scientist, or student at a trade school, you know someone who has benefited from Title IX. The law, which has been around for almost 5 decades, was originally enacted to ensure equal educational opportunities for all persons regardless of their gender. It has been largely successful in achieving that goal.

It has also been used as a tool that has unjustly deprived people of their educational opportunities due to unfair and biased campus investigation and adjudication processes that have gutted many important due process protections for accused individuals. Through it all Title IX has been the subject of constant debate. Why is Title IX so important?

Facing a Title IX investigation? Contact us today at [F:P:Sub:Phone] for guidance and protect your rights throughout the process.

What was the Purpose of Title IX?

Created, in part, as a response to certain disparities in educational opportunities due only to gender, the law has opened up many opportunities that had previously been denied to women. By its 40^th anniversary in 2012, Title IX had helped:

• Increase participation in women’s high school sports by around 1000% and in college sports by 600%
• Women athletes thrive, contributing to record-setting wins including 3 World Cup victories (they won their 4^th in 2019) and 53 medals in the Summer Olympics of 2008
• Improved women’s math performance: Around 1 in 3 of the top performers on the SAT math test among 7^th and 8^th graders are women
• Increased the percentage of bachelor’s, master’s, and doctoral degrees awarded to women in STEM
• Provided women access to career and technical educations; these programs used to admit only men but now 1 in 4 students are women

Title IX was enacted to protect students of any gender who face any gender based discriminatory behavior that impairs their educational opportunities. These victories were put into motion by a federal government that realized women’s equality would not be achieved without a push—and did its part to make a difference.

There are also many defeats under Title IX. Not shown in the above statistics are the stories of individual students who have unjustly been found responsible for violations of their university’s Title IX policy after participating in a system of investigation and adjudication that is oftentimes characterized by an absence of any meaningful due process rights such as the ability to be represented by an attorney, the ability to confront and cross-examine your accuser, and the application of a heightened standard of proof usually accorded to a person accused of such serious conduct. Please refer to our blogs for a more detailed discussion of these issues. These stories of injustice represent the failures of Title IX to live up to its intended goals.

Why Was Title IX Passed?

In 1972, Richard Nixon signed Title IX into law after it passed Congress. The law officially took effect on July 1 of that year, but the Senate continued proposing and debating amendments thereafter. In 1975 regulations on sports funding were clarified, with elementary schools expected to comply by 1976 and high schools and colleges expected to comply by 1979. During this time, Title IX faced court challenges that helped clarify the legality and scope of the law’s tenets.

A Death, and Resuscitation

In 1984, the Supreme Court dealt a blow to Title IX by ruling that it did not apply to programs that were not targeted by federal funding. This stripped the protections that had helped women’s sports and other extracurricular programs flourish. It took 3 years for Congress to respond, and finally in 1988 the Civil Rights Restoration restored the original scope of the law.

Title IX Jurisprudence Develops

With Title IX once again covering all educational programs, proponents worked to clarify additional rights under the law and maximize its effect. A 1992 Supreme Court case authorized anyone who filed a complaint under Title IX to sue for damages if the alleged gender discrimination was left unresolved. A 1996 court case ruled that sexual harassment in the educational setting was a violation of Title IX and required schools to develop training and reporting measures to prevent such issues from arising and to respond to and remediate such issues once they came to the attention of the institution.

Eventually, following the precedents set in Title VII jurisprudence (employment law) that declared sexual assault as an extreme form of sexual harassment, Title IX came to possess its present form.

Title IX Today: Ongoing Debates and Changes

Title IX celebrated its 40^th anniversary in 2012, but the law is far from settled and remains controversial. Court cases, Department of Education guidelines, and resolutions from the Office of Civil Rights continue to shape its impact and enforcement in schools. While the previous administration dramatically decreased due process protections for persons accused under Title IX, the current Department of Education has sought to restore many of those rights and protections.

In addition, many of the individual states have also added additional regulations that impact how the Title IX investigation and adjudication process is handled in those jurisdictions.

Title IX gives us a lot to be grateful for, but, in its present iteration, it is a cause for great concern if you find yourself on the wrong side of a complaint. Our team at Parisi, Coan & Saccocio, PLLC is focused on Title IX defense, and dedicates time to keeping up with the latest guidance and enforcement. Title IX defense is a serious and complex process. If you’re facing a Title IX investigation, do not risk the life-changing consequences of a bad result.

Impact of Title IX on Higher Education Enrollment

Title IX, passed in 1972, is best known for addressing gender inequality in education. While it initially focused on ensuring equal access to sports, the law had a broader impact on the educational landscape, especially for women in higher education.

Key Effects on Higher Education Enrollment:

• Increased Female Enrollment: Before Title IX, women had significantly lower college enrollment rates than men. By ensuring that women had equal access to educational opportunities, Title IX led to a major increase in female college attendance. In the years following the law’s enactment, the percentage of women enrolling in universities grew dramatically.
• Equal Access to Academic Programs: Title IX didn’t just impact sports—it also ensured that women had access to the same academic programs as men. Women gained more opportunities in fields that were previously male-dominated, including law, business, and medicine.
• Graduate School Enrollment: Title IX also had a significant impact on graduate school enrollment. As more women completed undergraduate degrees, more also pursued advanced degrees. In fact, by the 2000s, women had surpassed men in earning master’s and doctoral degrees in many fields.

Long-Term Changes:

• Shift in Demographics: Today, women represent the majority of students enrolled in colleges and universities across the United States. This demographic shift has altered campus environments, with more focus on issues affecting women, such as sexual harassment, gender equality in academia, and more.
• Academic and Career Success: Title IX not only opened doors to higher education but also laid the foundation for women’s success in professional careers. The increase in female graduates has contributed to women making up a growing portion of the workforce, especially in fields like healthcare, education, and law.

Title IX in K-12 Education

Title IX didn’t just impact higher education—it also shaped opportunities for girls in primary and secondary schools.

Key Impacts:

• Sports Participation: Title IX revolutionized girls’ participation in sports by ensuring schools provided equal opportunities for both genders. This increase in athletic opportunities has led to greater scholarships, recognition, and athletic achievements for women.
• Academic Access and Extracurriculars: The law also ensured girls had equal access to academic programs and extracurricular activities. Before Title IX, many schools limited girls’ participation in certain subjects, such as advanced math or science, and extracurriculars like drama or debate. Title IX helped break down those barriers.

Gender Equality in STEM Fields Post-Title IX

One of the most significant long-term impacts of Title IX has been its role in increasing female representation in STEM (Science, Technology, Engineering, and Mathematics) fields.

Key Contributions:

• Increased Enrollment in STEM: Title IX helped create more pathways for women to enter STEM fields. By encouraging equal access to academic programs and combating gender stereotypes, the law contributed to a steady rise in the number of women pursuing degrees in engineering, physics, and mathematics.
• 1990s and 2000s Surge: The 1990s and 2000s saw a notable increase in women entering STEM majors at the university level, thanks to the groundwork laid by Title IX. This change was particularly noticeable in fields such as computer science and engineering.
• Long-Term Impact: Today, women make up a larger percentage of STEM graduates than ever before. While there is still work to be done to ensure gender parity in STEM careers, Title IX was a catalyst for women’s growing presence in these fields.

Frequently Asked Questions (FAQs)

How did Title IX impact women’s sports participation?

• Title IX played a crucial role in increasing women’s participation in sports by requiring schools to provide equal opportunities for both male and female athletes. This led to a significant rise in female sports teams, scholarships, and opportunities at both the high school and collegiate levels.

Does Title IX apply to all schools?

• Yes, Title IX applies to all educational institutions that receive federal funding, including elementary, secondary, and post-secondary schools. This means that public schools, as well as most private institutions that receive federal support, are required to comply with Title IX regulations.

What types of discrimination does Title IX address?

• Title IX prohibits discrimination based on sex in all educational programs and activities, including admissions, sports, academics, and employment. This includes sexual harassment, unequal access to resources, and any other forms of gender-based discrimination.

Does Title IX apply to male students?

• Yes, Title IX benefits all students, not just females. While it was initially enacted to address the gender inequality faced by women, the law also ensures that male students are not discriminated against in areas such as sports and other educational programs.

Can a person file a lawsuit under Title IX?

• Yes, individuals who believe they have been victims of discrimination under Title IX can file a complaint with the Department of Education’s Office for Civil Rights (OCR). Additionally, as established in a 1992 Supreme Court case, individuals can sue in court for damages if gender discrimination is not addressed properly by the institution.

How does Title IX affect transgender students?

• In recent years, Title IX protections have been interpreted to include transgender students. The law prohibits discrimination based on gender identity, ensuring transgender students have equal access to educational programs and activities, including sports, and are not subjected to harassment based on their gender identity.

What are the penalties for Title IX violations?

• Educational institutions found in violation of Title IX can face a range of penalties, including the loss of federal funding. Schools may also be required to make corrective actions, such as improving their policies, offering training programs, or making adjustments to facilities or sports offerings.

Need help with Title IX defense? Contact us now at [F:P:Sub:Phone] and let our team assist you in navigating the complexities.