Updated January 29, 2012
The U.S. Supreme Court will not hear an appeal that challenged the compliance test in Title IX of the Education Amendments of 1972. A group called Equity in Athletics filed suit over the elimination of several men’s athletic teams at James Madison University in Harrisonburg, Va. A challenge to the Department of Education’s Title IX three-part compliance test was included in the suit, Equity in Athletics Inc. v. Department of Education.
AAUW and two other equity organizations had filed an amicus brief asking the court to reject Equity in Athletics’ claim, saying that the group fundamentally misconstrued the nature of the three-part compliance test and aims to limit the opportunities of women and girls.
AAUW is committed to protecting and defending Title IX and pursuing its vigorous enforcement to ensure our nation’s commitment to moving toward full and equal educational opportunities for all students.
- from AAUW's Washington Update for January 13, 2012.
A recent report on gender and high school sports participation showed some progress toward closing the gender gap from 1993-94 to 2005-06, but progress slowed after 2000. In addition, the report, Progress Without Equity: The Provision of High School Athletic Opportunity in the United States, by Gender 1993-94 through 2005-06, showed that girls were provided proportionately fewer sports participation opportunities in each school year in all geographic regions.
AAUW believes that expansion of athletic opportunities for girls and women must continue at both the high school and college levels because it is important not only for the participants themselves but also for the benefit of the greater community. Studies repeatedly show girls thrive when they participate in sports and develop a strong work ethic and good school habits.
- from AAUW's Washington Update for November 11, 2011.
The University of Hawaii honored the late Congresswoman Patsy Mink today for her role in creating Title IX of the Education Act. Mink, a University of Hawaii graduate, was an AAUW member. Mink and two other women were inducted into the UH Sports Circle of Honor in celebration of the 40th anniversary of women's athletics at the university.
AAUW strongly supports Title IX and opposes any efforts that would weaken its effectiveness. AAUW advocates vigorous enforcement of Title IX and all other civil rights laws pertaining to education. Since the law’s enactment, girls’ and women’s participation, scholarships, and share of athletics budgets have grown substantially. Title IX’s impact on women’s athletic participation is one of the country’s greatest civil rights success stories.
- from AAUW's Washington Update for October 21, 2011.
The National Collegiate Athletic Association has clarified its policy on when transgender athletes can participate on sports teams. The final policy states that: “A trans male (female to male) student-athlete who has received a medical exception for treatment with testosterone for gender transition may compete on a men’s team, but is no longer eligible to compete on a women’s team without changing the team status to a mixed team. A mixed team is eligible only for men’s championships. A trans female (male to female) student-athlete being treated with testosterone suppression medication for gender transition may continue to compete on a men’s team, but may not compete on a women’s team without changing it to a mixed team status until completing one calendar year of documented testosterone-suppression treatment.” The policy largely adopts the recommendations in a 2010 report from the National Center on Lesbian Rights and the Women’s Sports Foundation.
AAUW strongly believes in the civil rights protections guaranteed to millions of Americans including the lesbian, gay, bisexual, and transgendered (LGBT) communities. AAUW believes that discrimination against any class of persons has no place in our country. Unless and until LGBT persons are able to enjoy the same rights and freedoms as their heterosexual counterparts, America’s promise of equal justice under law will remain unfulfilled.
- from AAUW's Washington Update for September 23, 2011.
Although approximately 100,000 Canadian women play hockey, you’d never know from the video games. In games like the EA Sports NHL series, players can fully customize their avatars, or virtual representatives -- as long as they don’t mind that the avatar is a man. Thanks to 14-year-old Lexi Peters, however, this is all about to change. Lexi, a hockey fan and gamer, wanted to know why girl gamers couldn’t create avatars that actually looked like them. She decided to take action and wrote a letter to EA Sports to find out. Her letter pointed out that it is “unfair to women and girl hockey players around the world, many of them who play and enjoy your game. I have created a character of myself, except I have to be represented by a male and that’s not fun.” Her letter worked its way to the top and now EA Sports will add female avatars to NHL 12. NHL Lead Producer David Littman called the letter a “wake-up” call for the business that was completely ignoring a growing female gamer audience, let alone the growing number of female hockey players.
AAUW strongly supports Title IX, as in the last almost 40 years, it has dramatically increased the number of girls and women participating in school sports. Additionally, AAUW opposes any efforts that would weaken its effectiveness or undermine its enforcement. AAUW is proud of Lexi Peters for advocating for females.
- from AAUW's Washington Update for September 16, 2011.
A federal judge ruled Wednesday that the University of California-Davis violated Title IX of the Education Amendments of 1972 in the AAUW-supported case Mansourian v. Regents of the University of California. A group of female wrestlers sued in 2001 after they were told they could no longer participate in varsity wrestling at the University of California-Davis. The women were later reinstated but forced to compete against men for spots on the team. Judge Frank C. Damrell Jr.’s decision said the university failed to continuously expand its opportunities for women in athletics. AAUW released a statement celebrating justice being served for the athletes.
In other news, the New York Times reports that Title IX investigations through the Office of Civil Rights often drag on for years, long after the athletes affected by the alleged violations have graduated. OCR has the power to strip schools of federal funds if they are found in violation of the law, although this action has not been taken since Title IX came into existence in 1972. Assistant Secretary for Civil Rights Russlynn Ali said her office has become more aggressive in investigations in the two years she has been at the helm, but acknowledged that enforcement has frequently been delayed.
AAUW believes OCR must receive adequate funding and strengthen its efforts to enforce Title IX, not only by the thorough investigation of complaints but also through proactive compliance reviews at educational institutions. OCR should also be a reliable resource for technical assistance regarding implementation of Title IX, provide regular training through the department’s regional offices, and supply useful reference materials via the web and other avenues. Sports Organization Sues DOE Over Title IX
The American Sports Council filed a lawsuit Thursday against the Department of Education over the application of Title IX in high schools. The group argues that the three-part compliance test – in which schools must demonstrate that either female athletic participation is proportional to female enrollment, the school is meeting the athletic demand of female students, or that the school has a history of expanding athletic opportunities for female students – is in violation of the Equal Protection Clause of the Constitution. The ASC is arguing that legal interpretations of Title IX guidelines have noted that they are for college athletics and as such do not apply to high schools. The organization maintains that the three-part test has led some school districts to cancel male teams to remain compliant.
AAUW strongly supports Title IX and opposes any efforts that would weaken its effectiveness or undermine its enforcement. Title IX opponents have created the troubling myth that expanded educational opportunities for girls have come at the expense of boys. AAUW maintains that education is not a zero-sum game, and that the real issue is about girls doing better, not about boys doing worse.
- from AAUW's Washington Update for July 22, 2011.
Thursday marked the 39th birthday of the signing of Title IX of the Education Amendments of 1972, the federal statute prohibiting sex discrimination in education programs and activities that receive federal financial assistance.
Despite almost 40 years since its enactment, 125 school districts in the state of Washington now face complaints of Title IX violations. The complaints include accusations of sexual discrimination due to lack of facilities and participatory opportunities for female athletes. Research shows that girls comprise 49 percent of the nation's high school population, but account for only 41 percent of high school athletes.
AAUW strongly supports Title IX and opposes any efforts that would weaken its effectiveness or undermine its enforcement.
- from AAUW's Washington Update for June 24, 2011.
Earlier this year, the University of Delaware announced plans to cut the varsity status of its men’s track team. The university took the unusual step of cutting men’s sports in anticipation of problems complying with Title IX gender balance requirements. Ironically, the track team has filed a Title IX discrimination complaint against the school, which has agreed to enter mediation. Reducing men’s athletics to comply with Title IX, while not prohibited, is inconsistent with the law’s intended purpose of expanding opportunities.
AAUW believes that it is important to understand that cases like this do not support the troubling myth that expanded opportunities for girls have come at the expense of boys. We maintain that school opportunity is not a zero sum game, and that the real issue is about girls doing better, not boys doing worse.
- from AAUW's Washington Update for May 6, 2011.
Today, AAUW Director of Public Policy and Government Relations Lisa Maatz was cited by TIME condemning the practice of “roster management.” This doctoring of athletic rosters occurs when a school, in an effort to feign compliance with Title IX gender balance requirements, pads a women’s team membership with women who have little to no relationship with the team, or with men who practice with them.
AAUW strongly supports Title IX and opposes any efforts that would weaken its effectiveness or undermine its proper enforcement. We support the recent efforts to add STUNT cheerleading, as advocated by USA Cheer, as a recognized NCAA sport because it provides far more rigor than traditional cheerleading activities. This would create an additional way to expand female sports offerings and help improve compliance with Title IX.
- from AAUW's Washington Update for April 29, 2011.
On Monday, Vice-President Joe Biden and Secretary of Education Arne Duncan announced new Department of Education guidelines to make clear to schools their obligation to prevent and respond to sexual violence under Title IX’s provisions on sexual harassment. Title IX is a federal civil rights law that forbids gender-based discrimination in schools. The Department of Education’s Office of Civil Rights enforces compliance.
AAUW applauds the release of these guidelines. A significant part of the mission of the AAUW Legal Advocacy Fund is to raise awareness of the issues facing women in higher education, including the persistent problem of sexual harassment against female students.
- from AAUW's Washington Update for April 9, 2011.
On Wednesday, the Department of Education’s Office for Civil Rights announced it will investigate Yale University’s sexual harassment and assault policies. Sixteen Yale students and recent graduates filed a complaint with OCR on March 15 stating that the university’s failure to properly address sexual harassment and assault claims violates Title IX by creating a hostile environment for female students. The complaint highlights Yale administrators’ failure to address an October 2010 incident when a fraternity chanted obscenities glorifying rape. However, Yale has had a handful of sexual harassment scandals in recent years.
AAUW believes that increasing and ensuring access to educational opportunities for all women and girls is a critical step towards financial security and economic independence. One pervasive problem that continues to hinder equity in education at every level of our nation's schools is sexual harassment.
- from AAUW's Washington Update for April 2, 2011.
Sports supporters have long insisted that playing sports in school contributes to a child's success later in life, and they point to various evidence as proof: a disproportionate number of CEOs with an athletic side; employers who look for a sports background on résumés to decide between candidates; and studies showing that people who play sports in high school go on to earn more than those who don't. The Women’s Sports Foundation has worked for decades to prove this point, advocating the need for athletic opportunities for all girls across the country.
Now, new research from the University of Pennsylvania’s Wharton School of Business takes a step towards empirically proving the aforementioned theory. In her paper titled, "Beyond the Classroom: Using Title IX to Measure the Return to High School Sports," Wharton business and public policy professor Betsey Stevenson offers evidence that playing sports leads to more education and better employment opportunities.
"Many studies have documented a positive relationship between participation in high school athletics and educational aspiration, educational attainment and wages later in life," writes Stevenson. "What remains elusive is whether benefits associated with athletics are treatment effects (caused by participation) or merely selection effects (associated with the type of student who chooses to participate in athletics).... Athletes tend to be more extroverted, aggressive and achievement oriented. Are these traits they bring to athletics, or are these traits athletics bring to them? Are they learning valuable skills? Or are the high skilled simply more likely to participate in sports?"
According to Stevenson, the skills associated with athletic participation and success later in life "may include the ability to communicate, the ability to work well with others, competitiveness, assertiveness and discipline."
Sports participation may be especially helpful to girls because it gives them skills that they can use later in the business world, Stevenson points out. "Athletics is a highly regulated system in which social conflict is displayed in a positive light. From this, players learn how to compete and how to operate successfully under a formal code of rules and procedures. Furthermore, players are taught to function as a team. The development of these skills could be especially important for girls who must try to maneuver their way through traditionally male occupations later in life."
On Sunday, August 1, the Boston Globe published a follow-up story to Stevenson’s study. Reporter Keith O’Brien’s piece, “She Shoots, She Scores,”
The AAUW Legal Advocacy Fund collaborated with the nonprofit Legal Aid Society - Employment Law Center and the Women's Sports Foundation to provide AAUW members with the tools you need to find out if your local high schools are Title IX compliant-and what you can do if they are not. The tools, including a Program in a Box, are available on a new page on the AAUW website. A webinar for interested members will take place October 29 at 6 p.m. EDT. If you or your branch is interested in implementing this project or in participating in the webinar, please contact laf@aauw.org.
- from AAUW's Washington Update for October 16, 2009.
The Women's Sports Foundation has posted to their website Step-by-Step: A Practical Guide To Assess and Achieve Gender Equity in School Sports. Title IX's impact on women's athletic participation is one of the country's greatest success stories. It has changed the playing field dramatically for girls and women in sports. However, full equality of opportunity has not been achieved. The Women's Sports Foundation created this guide to help parents, students and coaches understand how to become advocates for change.
AAUW firmly believes that expansion of athletic opportunities for girls and women must continue at both the high school and college levels. AAUW "advocates vigorous enforcement of Title IX and all other civil rights laws pertaining to education." Learn more about AAUW's position on Title IX and equity in school athletics. Leave your comments about Title IX on AAUW Dialog, and watch for future Action Network alerts on legislation advocating for increased enforcement of Title IX's protections.
- from AAUW's Washington Update for March 7, 2009.
Created by the Women’s Sports Foundation in 2001 to prevent young girls from falling into a sedentary lifestyle, GoGirlGo! offers at-risk girls a fun, interactive program to keep them on the track to success and deter them from the high-risk behaviors that can accompany inactivity including obesity, heart disease, cancer, osteoporosis, tobacco use, drug use, teenage pregnancy and depression. The GoGirlGo! curriculum is available at no cost through the Women’s Sports Foundation. For more information on GoGirlGo! and to order kits for a classroom or community organization supporting girls, log onto www.GoGirlGo.com or call 800-227-3988.
- from AAUW's Washington Update for February 1, 2008.