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The Concept Of Substantial Proportionality In Title Ix Athletics Cases, Mary W. Gray
The Concept Of Substantial Proportionality In Title Ix Athletics Cases, Mary W. Gray
Duke Journal of Gender Law & Policy
I. Introduction In the past several years, four federal court decisions interpreting Title IX 1 have sent tremors through the collegiate athletic establishment. 2 In all of these cases, the courts found the universities to have failed to provide effec- tive accommodation for the athletic interests and abilities of their women students, as required by the regulations issued pursuant to Title IX. 3 Al- though the regulations state that such accommodation is only one of the factors to be considered in determining compliance with Title IX, it was because of deficiencies in this area that courts found the institutions in …
Can Gender Equity Find A Place In Commercialized College Sports?, John C. Weistart
Can Gender Equity Find A Place In Commercialized College Sports?, John C. Weistart
Duke Journal of Gender Law & Policy
The premise of Title IX should be uncontroversial: no person may be ex- cluded from the benefits of an educational program on the basis of gender. 1 There is a sense in which Title IX, at the time of its adoption more than twenty years ago, simply captured what was an independent societal norm of considerable force. Women were participating in higher education, including graduate and professional education, in increasing numbers and were properly claiming a right to equal opportunities. Sexual harassment was, and is, a per- sistent problem and some disciplines have changed only slowly. 2 The prevailing perception, …