Title IX


Linda Jean Carpenter, R. Vivian Acosta
ISBN: 0736042393
ISBN13: 9780736042390
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Title IX delivers a complete look at one of sport’s critical gender equity issues. It goes beyond intercollegiate athletics to address Title IX in the context of sport, physical activity, recreation, intramurals, and physical education. From its enactment in 1972, Title IX has been often oversimplified or misunderstood by both advocates and critics of the legislation. Knowledgeable in the legal issues of sport and experienced in the administration of sport and physical education programs, the authors of Title IX offer a balanced, comprehensive view of this issue, lending important insights into Title IX’s requirements and application both now and when it was enacted. Title IX, the law, prohibits any education program or activity receiving federal financial assistance from discriminating on the basis of sex. Title IX, the text, helps to clarify the law in a three-part progression that is accurate and accessible. In Part I, you will see Title IX’s structure and requirements applied in different settings including physical education, intramurals and recreation, and athletics. Part II then provides a historical account of the social, legislative, and judicial environments in which Title IX has grown to maturity over the past three decades. Finally, part III examines Title IX in the 21st century, its impact on sport related programs, and continuing debates. Title IX will also help you gain a solid understanding of the law itself. You will examine the actual wording of the law and related interpretive materials. You’ll review significant lawsuits as you explore how the legislation has been interpreted and judicially clarified over the years in changing social and political climates. You’ll find further clarifying information in summaries and questions and answers at the end of each chapter. Six appendixes provide pertinent excerpts from Title IX regulations, policy interpretations, letters of clarification, and an annotated list of other print and online resources. Whether you’re looking for clarification of Title IX or for information on applying it in your programs, you’ll find the information you need in Title IX.

About the Author

Linda Jean Carpenter, PhD, JD, has been involved in Title IX and gender equity issues in sport for over three decades. Studies on various topics related to women in sport have characterized her research efforts with coauthor Dr. Acosta. In addition to writing extensively on the subject of equity, she is a sought-after speaker at national, regional, and local conferences. Dr. Carpenter is professor emerita at the City University of New York’s Brooklyn College. She has received numerous national awards, including the 2003 Sport and Recreation Law Association Leadership Award, the 2003 American Bar Association Outstanding Nonprofit Lawyers Award (Outstanding Academic), and the 1998 Honor Award from the National Association for Girls and Women in Sport. She is also a charter member of the North American Society for Health, Physical Education, Recreation, Sport, and Dance. Dr. Carpenter, a member of the New York State and United States Supreme Court bars, earned her JD from Fordham University School of Law in 1981 and her PhD in sport administration in 1974 from the University of Southern California. R. Vivian Acosta, PhD, has also been involved in Title IX and gender equity issues in sport for more than 30 years. A professor emerita at the City University of New York’s Brooklyn College, she has written extensively on the subject and served as a presenter at national, regional, and local conferences. Dr. Acosta’s well-known 27-year longitudinal national study of the status of women in intercollegiate sport, conducted with coauthor Dr. Carpenter, has been frequently cited in the media, Congress, and gender equity lawsuits. A former president of the National Association for Girls and Women in Sport, Dr. Acosta served on the Board of Governors for the American Alliance for Health, Physical Education, Recreation and Dance. She received the National Association of Collegiate Women Athletic Administrators’ Lifetime Achievement Award in 2001, and in 2003 she received the Rachel Bryant Award from the National Association for Girls and Women in Sport. Experienced as an athletic director and coach of many sports, including men’s teams, Dr. Acosta earned her PhD in sport administration in 1974 from the University of Southern California.

Table of Contents

Part I: Title IX and Its Applications
Chapter 1. The law
  • The Regulations
  • Policy Interpretations
  • Investigators' Manual
  • Letters of Clarification
  • Lawsuits, Case Law, Letters of Findings
  • Avenues of Enforcement
  • In Brief
  • Nineteen Questions and Nineteen Answers

Chapter 2. The Law As Applied to Physical Education
  • The Regulations
  • The Continuing Coeducation Versus Single-Sex Debate
  • In Brief
  • Seven Questions and Seven Answers

Chapter 3. The Law As Applied to Intramural Sport and Recreational Sport Programs
  • Jurisdictional Considerations
  • The Jurisdictional Debate
  • Programmatic Considerations
  • In Brief
  • Seven Questions and Seven Answers

Chapter 4. The Law As Applied to Athletics
  • Financial Aid
  • Participation
  • Thirteen Program Areas
  • In Brief
  • Thirteen Questions and Thirteen Answers

Part II: Title IX in Society and in the Courts (Social, Legislative, and Judicial History of Title IX)
Chapter 5. Title IX in Societal and Legislative Context
  • Building a Framework
  • Early Athletes
  • Roles of Women in Flux
  • Birth of AIAW
  • In a Nutshell: AIAW Versus NCAA
  • Who Holds the Reins on Campus?
  • In Brief
  • Thirteen Questions and Zero Answers

Chapter 6. Title IX in the Courts, 1972 to 1992
  • Case Law
  • Legislation: Civil Rights Restoration Act of 1987 (1988)
  • Settlements and Consent Orders
  • In Brief
  • Four Questions and Four Answers

Chapter 7. Title IX in the Courts After Franklin v Gwinnett, 1992 to 2004
  • Cases Concerning Enforcement and “Suitable Plaintiffs”
  • Cases Concerning Termination of Men's Teams
  • Cases Specifically Concerning Sexual Harassment
  • A Case of Special Interest Mercer v Duke University (2002)
  • Settlements
  • In Brief
  • Ten Questions and Ten Answers

Part III: Title IX in the 21st Century
Chapter 8. Numbers: Effects of Title IX
  • Benefits of Participation for Females
  • Participation
  • Leadership
  • Money, Money, Money
  • Then and Now: An Overview
  • In Brief
  • Three Questions and Zero Answers

Chapter 9. Issues and Cases in Transit
  • Title IX and the 11th Amendment
  • The "Wrestlers" Lawsuit
  • The Commission
  • In Brief
  • Three Questions and Three Answers

Appendix A. Title IX Regulations
Appendix B. Policy Interpretations: Title IX and Intercollegiate Athletics
Appendix C. 1996 Clarification Letter
Appendix D. 1998 Clarification Letter
Appendix E. Further Clarification Letter of 2003
Appendix F. Tools for Finding Help and Perspective


An ideal reference for sport professionals, sport administrators, sport historians, and physical educators; college presidents and high school principals; a textbook for special topics courses in sports law, women’s studies, and sport sociology.