Law Commons^™

Athletic Scholarships And Title Ix: Compliance Trends And Context, Erin E. Buzuvis

Faculty Scholarship

This Article evaluates enforcement practices and compliance trends related to Title IX's requirement for gender equity in the distribution of athletic financial aid. It confirms that universities in the most competitive athletic programs continue to underfund women's athletic scholarships relative to the proportionality standard required by law. It also confirms that the under-allocation of women's athletic opportunities at universities across divisions results in additional disparities in scholarship funding that is not captured by an analysis of compliance. This Article concludes with suggestions that the government clarifies its expectations and enforcement priorities. It further calls for regulators, scholars, and advocates to …

Bullying And The Laws Pertaining To It, Jennifer Levi

Faculty Scholarship

This Article describes the climate of anti-gay sentiment and fear that has made it difficult for lesbian, gay, bisexual, and transgender (LGBT) students to come out or to seek support within school communities. The 1970s Miami - Dade Gay Rights Ordinance (the so-called Save Our Children campaign) fostered a climate of silence and invisibility that eventually morphed into overt hostility toward LGBT students across most student populations in the country.

The Author cites contemporary data showing dramatically high rates of hostility, including bullying and harassment, toward LBGT students. She summarizes the steps taken by the U.S. Department of Education to …

Title Ix And Procedural Fairness: Why Disciplined-Student Litigation Does Not Undermine The Role Of Title Ix In Campus Sexual Assault, Erin E. Buzuvis

Faculty Scholarship

As a matter of civil rights, Title IX mandates that federally funded educational institutions address reports of sexual assault. Often disciplined-student plaintiffs argue unsuccessfully that the college or university’s decision to discipline them is tainted by “reverse” sex discrimination. This Article examines the recent spate of disciplined-student cases in an effort to harmonize Title IX compliance with the procedural rights of students accused of sexual assault. It provides a historical context for Title IX’s application to sexual assault on campuses and the requirements the law imposes on the educational institutions. Next, it describes the role Title IX plays in disciplined-student …