Social and Behavioral Sciences Commons^™

The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake

Articles

The scope and pace of legislative activity targeting transgender individuals is nothing short of a gender panic. From restrictions on medical care to the regulation of library books and the use of pronouns in schools, attacks on the transgender community have reached crisis proportions. A growing number of families with transgender children are being forced to leave their states of residence to keep their children healthy and their families safe and intact. The breadth and pace of these developments is striking. Although the anti-transgender backlash now extends broadly into health and family governance, sport was one of the first settings—the …

Title Ix's Trans Panic, Deborah L. Brake

Articles

Sport is an agent of social change, but that change does not always track in a progressive direction. Sport can be a site for contesting and reversing the gains of progressive social movements as much as furthering the values of equality and justice for historically marginalized groups. This dynamic of contestation and reversal is now playing out in a new wave of anti-transgender backlash that has gained adherents among some proponents of equal athletic opportunities for girls and women. In this latest twist in the debate over who deserves the opportunity to compete, the sex-separate athletic programming permitted by Title …

The Impact Of Female Sport Coaches: Role Models For The Next Generatio, Molly Wilkie

Thinking Matters Symposium

Gender equity in higher education settings, such as academic faculty and admission to graduate schools in medical and STEM fields has been well researched (Ceci & Williams, 2011; Cheryan, 2011; Moss & Racusin, 2012). Based on this previous research, there is a pattern of implicit bias towards female applicants for professorships, as well as admissions to graduate and research positions that results in an imbalance of men and women in these positions. However, less research has been conducted on the gender inequities that exist in another area of higher education, collegiate athletics. The purpose of this project is to identify …

A Gender And Race Theoretical And Probabilistic Analysis Of The Recent Title Ix Policy Changes, Jordan Wellington

Scripps Senior Theses

On May 6th, 2020, after extensive public comment and review, the Department of Education published the final rule for the new Title IX regulations, which took effect in schools on August 14th. Title IX is the nearly fifty year old piece of the Education Amendments that prohibits sexual discrimination in federally funded schools. Several of these changes, such as the inclusion of live hearings and cross examination of witnesses, have been widely criticized by victims’ rights advocates for potentially retraumatizing victims of sexual assault and discouraging students from pursuing a Title IX claim. While the impact of the new regulations …

Reproducing Inequality Under Title Ix, Deborah L. Brake, Joanna L. Grossman

Articles

This article elaborates on and critiques the law’s separation of pregnancy, with rights grounded in sex equality under Title IX, from reproductive control, which the law treats as a matter of privacy, a species of liberty under the due process clause. While pregnancy is the subject of Title IX protection, reproductive control is parceled off into a separate legal framework grounded in privacy, rather than recognized as a matter that directly implicates educational equality. The law’s division between educational equality and liberty in two non-intersecting sets of legal rights has done no favors to the reproductive rights movement either. By …

Equal Play, Equal Pay: Title Ix Effects On Salary Gap At Division I Football Bowl Series And Football Championship Series Universities, Kara Hodges

Masters Theses & Specialist Projects

This thesis examines the impacts of Title IX compliance on salary gap of Division I Football Bowl Series and Football Championship Series universities male and female associate professors. Title IX athletic proportionality requirements have been established since the 1980’s and require that each university have an equal percentage of female student athletes as they do female undergraduates. This study uses the National Center for Education Statistics database, Integrated Postsecondary Education Data System to calculate salary gap between male and female associate professors and uses the Office of Civil Rights Equity in Athletics Database to calculate Title IX compliance. In this …

Sexual Assault Campus Climate Surveys: Insights From The First Wave, Kristen M. Budd, Alana Van Gundy, Rose Marie Ward, Glenn W. Muschert

Dignity: A Journal of Analysis of Exploitation and Violence

One tool to help institutions of higher education (IHEs) to address campus sexual assault is the campus climate survey (CCS); yet little is known about the CCS implementation process. This study used a mixed methods approach to examine the implementation process of CCSs deployed during the 2015/16 academic year at 244 IHEs throughout the United States. Quantitative results indicate CCSs were designed primarily by the Title IX officer and campus administration; assessed victimization rates and knowledge about campus resources; and were voluntary. Qualitative findings generate concerns surrounding generalizability, participation rates, validity of data, and suggestions for improvement for future CCSs.

Prosecution As The "Soul Crushing Job:" Complexities Of Campus Sexual Assault Cases, Tammi L. Slovinsky

Theses and Dissertations

On April 4, 2011, the U.S. Department of Education issued a Dear Colleague Letter on campus sexual assault reaffirming the intent of Title IX, the 1972 law that prohibits discrimination sex-based under any education program or activity receiving federal financial assistance. In response to growing concern over due process rights for defendants, in September 2017 the guidance was rescinded. Public policy continues to evolve, leading to potentially lasting institutional changes on many college campuses. These developments include the formalization of campus investigations and adjudications, the development of campus coordinating committees and expanded support mechanisms for victims. In Virginia, laws passed …

A Historical Case Study Of Title Ix In Nevada: An Excellent Investment In Our Youth, Jason Clark

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine and document the history of Title IX in the American West, specifically at the University of Nevada, Reno (UNR), and at Clark County School District (CCSD) in Las Vegas, Nevada. This thesis contends that since the late nineteenth-century, women have utilized sports as a method to shed discriminatory stereotypes, fight for inclusion, and promote gender equality. In addition, the progressive actions of educational administrators and community leaders regarding Title IX make both UNR and CCSD exceptional institutions for gender equality. This thesis contains six chapters including the introduction and conclusion. Chapter 1 …

An Administrative Right To Be Free From Sexual Violence? Title Ix Enforcement In Historical And Institutional Perspective, Karen M. Tani

All Faculty Scholarship

One of the most controversial administrative actions in recent years is the U.S. Department of Education’s campaign against sexual assault on college campuses. Using its authority under Title IX of the Education Amendments of 1972 (mandating nondiscrimination on the basis of sex in all educational programs and activities receiving federal funds), the Department’s Office for Civil Rights (OCR) has launched an enforcement effort that critics denounce as aggressive, manipulative, and corrosive of individual liberties. Missing from the commentary is a historically informed understanding of why this administrative campaign unfolded as it did. This Essay offers crucial context by reminding readers …

Perceptions Of Safety Within Residence Halls At A Midwestern College Campus, Alissa R. Shape, Ellen Hammerschmidt, Jade Anderson, Stephanie Feldman

Journal of Undergraduate Research at Minnesota State University, Mankato

Sexual violence is a widespread issue in American society. Though sexual violence takes many forms, the topic of campus sexual violence is especially pressing as it has occupied a fair amount of controversy in American media. The experience of sexual violence for college students is often traumatic as they navigate through the administrative systems and criminal justice systems of their respective communities. From a feminist perspective, students that become victims of campus sexual violence are often met with institutional resistance and inadequacies. The purpose of this study was to assess college students’ feelings of safety in residence halls. This research …

A Content Analysis Of Gender-Specific Media Coverage Of Sport: Ncaa Athletic Department Home Webpages, Margo R. Malik

UNLV Theses, Dissertations, Professional Papers, and Capstones

Studies have found that media coverage of women’s sports is inadequate when compared with coverage of men’s sports. The results of these studies have revealed inadequacies in terms of amount of coverage as well as type of coverage. Findings demonstrate that there is a certain way media frame female athletes when they are covered. Female athletes are often portrayed in overly sexualized images, as feminine role models, as passive rather than active, and in sports that are considered gender-appropriate. These types of portrayals can perpetuate gender bias and stereotypes, undermine the true athletic ability of female athletes, and give the …

The Trouble With 'Bureaucracy', Deborah L. Brake

Articles

Despite heightened public concern about the prevalence of sexual assault in higher education and the stepped-up efforts of the federal government to address it, new stories from survivors of sexual coercion and rape, followed by institutional betrayal, continue to emerge with alarming frequency. More recently, stories of men found responsible and harshly punished for such conduct in sketchy campus procedures have trickled into the public dialogue, forming a counter-narrative in the increasingly polarized debate over what to do about sexual assault on college campuses. Into this frayed dialogue, Jeannie Suk and Jacob Gersen have contributed a provocative new article criticizing …

Lessons From The Gender Equality Movement: Using Title Ix To Foster Inclusive Masculinities In Men's Sport, Deborah L. Brake

Articles

This article was written for a symposium issue in Law & Inequality: A Journal of Theory and Practice on the topic of LGBT inclusion in sports. The symposium, which was held at the University of Minnesota Law School in November of 2015, was precipitated by the controversy that erupted when NFL player Chris Kluwe sued and settled with the Minnesota Vikings for allegedly firing him over his outspoken support for marriage equality. The article situates the Chris Kluwe controversy in the broader context of masculinity in men’s sports. At a time when support for LGBT rights has resulted in striking …

Running Through Gender: Exploring The Effects Of Hegemonic Masculinity And Femininity On Gettysburg Cross Country Athletes, Olivia D. Powell

Student Publications

The general consensus regarding athletic participation is that it is beneficial to a person’s overall well being. The Women’s Sports Foundation states that girls and women who play sports have higher levels of confidence and self-esteem, lower levels of depression, a more positive body image, and experience higher states of psychological well-being than girls and women who do not play sports. In fact, girls who play sports are more likely to get better grades in school, and are more likely to graduate than girls who do not play sports.1 These statements are circulated as being universal truths. Despite many studies …

Title Ix And The Impact Of Athletic Leadership, Ceceilia Parnther, Jennifer Deranek, Scott Michel

The Hilltop Review

Abstract

This literature review will discuss the history of Title IX of the Education Amendments Act of 1972 and its value in higher education today through a critical feminist thought lens. It is known that despite Title IX, gender equality does not exist in intercollegiate athletics. In addition to discussing the history of Title IX, the article will highlight the challenges and triumphs of female athletic directors and senior women’s administrators and briefly discuss the role on coaches, athletic trainers and student-athletes.

Title IX of the Education Amendments Act of 1972 provided equal opportunities for women in athletics and academics …

Discrimination Inward And Upward: Lessons On Law And Social Inequality From The Troubling Case Of Women Coaches, Deborah L. Brake

Articles

In the Title IX success story, women’s opportunities in coaching jobs have not kept pace with the striking gains made by female athletes. Women’s share of jobs coaching female athletes has declined substantially in the years since the law was enacted, moving from more than 90% to below 43% today. As a case study, the situation of women coaches contains important lessons about the ability of discrimination law to promote social equality. This article highlights one feature of bias against women coaches — gender bias by female athletes — as a counter-paradigm that presents a challenge to the dominant frame …

Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah Brake

Articles

In February of 2011, an Iowa high school boy captured national attention when he refused to wrestle a girl at the state championship meet. The media shaped the story into a tale that honored the boy for sacrificing personal gain out of a moral imperative to “never hurt a girl.” Unpacking this incident reveals several “fault lines” in U.S. culture that often derail gender equality projects: (1) religion/morality is interposed as an oppositional and equally weighty social value that neutralizes an equality claim; (2) the agency of persons supporting traditional gender norms is assumed, while the agency of persons contesting …

Adolescent Dating Violence: How Should Schools Respond?, Jeanne L. Surface, David Stader, Thomas Graca, Jerry Lowe

Educational Leadership Faculty Publications

Educational leaders have a substantial degree of control over students and generally have a tremendous influence on the decisions that they make. District administrators are already involved in comprehensive efforts to stem sexual harassment, teen violence and bullying; therefore, they may be well positioned to identify and address the problem of teen dating violence. Unfortunately, school district failure to take action is far too common, despite the statutory duty to ensure the safety of all students during school hours and at school sponsored events. School districts can be held liable for student dating violence under Title IX, under 42 U.S.C. …

Sport And Masculinity: The Promise And Limits Of Title Ix, Deborah Brake

Book Chapters

This paper uses the lens of masculinities theory to examine the connections between sport and masculinity and considers how law both reinforces and intervenes in sport’s production of masculinity. The paper urges moving beyond a "women vs. men" framework for examining gender equality in sport to include critical study of sport’s relationship to masculinities. The primary law examined in this chapter is Title IX of the Education Amendments in 1972, which is widely (and properly) credited with the explosive growth of women’s sports in the intervening decades. While Title IX has greatly expanded the range of culturally valued femininities for …

The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Deborah L. Brake, Verna L. Williams

Articles

This article examines how race and educational equity issues shape women's sports experiences, building upon the narrative of Darnellia Russell, a high school basketball player profiled in the documentary The Heart of the Game. Darnellia is a star player who, because of an unintended pregnancy, has to fight to play the game she loves.

This girl's story provides a unique and underutilized lens through which to examine gender and athletics, as well as evaluate the legal framework for gender equality in sport. In focusing on this narrative, we seek to give voice to black female athletes and to express their …

Perceiving Subtle Sexism: Mapping The Social-Psychological Forces And Legal Narratives That Obscure Gender Bias, Deborah L. Brake

Articles

This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chosen institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …

The Impact Of Sports On Female Adolescent Development: The Importance Of Title Ix, Dana C. Jack

Dana C. Jack

Adolescence is a time of crisis for girls, a time when girls become psychologically vulnerable. While boys are at risk in childhood, girls undergo a sudden drop in resiliency at age 11 (Block, 1990). Not only girls with family problems, but a wide range of lively, outspoken, and intelligent girls face marked increases in depression, poor body images, eating disorders, and a fall in self-esteem significantly more often than do boys. Seligman (1991) finds that “girls, at least up to puberty, are more noticeably optimistic than boys, (p.125) and concludes that “whatever causes the huge difference in depression in adulthood, …

School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake

Articles

This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …

The Cruelest Of The Gender Police: Student-To-Student Sexual Harassment And Anti-Gay Peer Harassment Under Title Ix, Deborah L. Brake

Articles

Title IX, like other sex discrimination laws, addresses discrimination that occurs because of an individual’s sex. Courts interpreting Title IX, like those interpreting Title VII of the Civil Rights Act of 1964, have struggled to demarcate a line separating discrimination because of sex from discrimination because of sexual orientation. This article constructs an argument for viewing anti-gay discrimination, and in particular anti-gay harassment between students, as a form of sex discrimination under Title IX. The article first explores why school inaction in the face of sexual harassment discriminates on the basis of sex. Although sex discrimination law generally has long …