Samantha Walter

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Title IX

• Samantha Walter
• MOI

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When did it start???

• No person in the United States shall, on the
  basis of sex, be excluded from participation in,
  or denied the benefits of, or be subjected to
  discrimination under any educational program or
  activity receiving federal assistance.    - Title
  IX of the Education Amendments of 1972 to the
  Civil Rights Act of 1964

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What's it mean..

• Under this law, males and females are expected to
  receive fair and equal treatment in all arenas of
  public schooling recruitment, admissions,
  educational programs and activities, course
  offerings and access, counseling, financial aid,
  employment assistance, facilities and housing,
  health and insurance benefits, marital and
  parental status, scholarships, sexual harassment,
  and athletics.

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Grove City vs. Bell Decision

• 1984, Removed the applicability of Title IX in
  athletics programs by stating that only those
  programs or activities which receive direct
  Federal financial assistance be held under the
  umbrella of Title IX

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Franklin vs. Gwinnett County Public Schools

• February 2, 1992 Supreme Court rules unanimously
  that plaintiffs filing Title IX lawsuits are
  entitled to receive punitive damages when
  intentional action to avoid Title IX compliance
  is established.

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Policy Clarification

• January 16, 1996 OCR issues clarifications of
  three-part Effective Accommodation Test

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Prong 1

• Whether intercollegiate level participation
  opportunities for male and female students are
  provided in numbers substantially proportionate
  to their respective enrollments

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Prong 2

• Where the members of one sex have been and are
  underrepresented among intercollegiate athletes,
  whether the institution can show a history and
  continuing practice of program expansion which is
  demonstrably responsive to the developing
  interests and abilities of the members of that sex

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Prong 3

• Where the members of one sex are underrepresented
  among intercollegiate athletes, and the
  institution cannot show a history and continuing
  practice of program expansion, as described
  above, whether it can be demonstrated that the
  interests and abilities of the members of that
  sex have been fully and effectively accommodated
  by the present program.

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Questions????