Why is Title IX controversial?

Gazette: After 50 years, does it remain controversial? Gersen: Title IX remains controversial because even as the ideal of equal opportunity and prohibiting sex discrimination are widely accepted as a general matter, what constitutes discrimination on the basis of sex has been fiercely debated.

What are the criticisms of Title IX?

Critics argue that the law is not clear. For instance, how it handles "actual knowledge" of a violation has seen different interpretations under the Trump administration and Biden administration. Also, Title IX only applies to educational programs receiving federal financial assistance.

What is Title IX objectively offensive?

Sex-based harassment is unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the recipient's education program or activity.

What is Title IX gender discrimination?

Title IX states “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance[.]” All federal agencies that provide grants of financial assistance ...

Is Title IX unfair to men's sports?

In fact, despite Title IX, women's sports have never caught up with men's sports, much less taken more than their fair share of resources. While it may be convenient to state that Title IX is responsible for cuts in any particular men's sport, doing so is simplistic and irresponsible.

Why Has Title IX Become So Controversial?

Has Title IX helped or hurt athletics?

Title IX is a federal law in the United States that prohibits sex-based discrimination in educational programs and activities receiving federal financial assistance. It has had a significant impact on women's sports in the country, promoting equality and providing opportunities for women in athletics.

Has Title IX improved girls sports?

In the last 50 years, Title IX has played a significant role in enhancing women's participation in sports in the USA. Recently, the Biden administration expanded Title IX through certain progressive amendments.

Does Title IX protect pregnant students?

Title IX protects students in all of the academic, educational, extracurricular, athletic, and other programs or activities of schools. This includes prohibiting discrimination against pregnant and parenting students.

What is Title IX harassment?

Yes. Title IX covers all forms of sexual harassment, and sexual violence is considered a form of sexual harassment. Sexual harassment under Title IX includes any unwelcome sexual conduct, such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.

How did Title IX change things for females?

This June marks the 50th anniversary of the passage of Title IX, the landmark law that banned sex-based discrimination in schools. Initially introduced in hopes of getting more women into graduate schools, the law today is most commonly associated instead with athletics because of its seismic impact on women's sports.

Is Title IX a good thing?

A recent article in the New York Times found that there are lasting benefits for women from Title IX: participation in sports increased education as well as employment opportunities for girls. Furthermore, the athletic participation by girls and women spurred by Title IX was associated with lower obesity rates.

What are examples of Title IX misconduct?

Is Title IX bad for sports?

After 50 years, not only has Title IX failed to deliver on its promises for female athletes, it also made men's sports worse. Passed 50 years ago, to the day, Title IX was not created in order to give women more athletic opportunities—that was just a byproduct.

What is one significant and unintended problem with Title IX has been?

The most insidious thing about Title IX was that its negative impact on women's fitness hit in the early years—when fitness habits were formed among girls—and provided “benefits” only years later, when the young women got to college.

What are the consequences of Title IX?

A Title IX Proceeding can easily result in your suspension, expulsion or a mark on your transcript that will follow you for a Code of Conduct Violation. There may or may not be a simultaneous criminal investigation happening at the same time.

Is dating violence addressed by Title IX?

Recognition of Sexual Harassment as Sex Discrimination

Sexual harassment under Title IX includes – dating violence, domestic violence, and stalking.

What is Title IX in layman's terms?

Title IX prohibits, with certain exceptions, any entity that receives "federal financial assistance" from discriminating against individuals on the basis of sex in education programs or activities. The clearest example of federal financial assistance is the award or grant of money.

What is coercion under Title IX?

Coercion is the use of pressure to compel another individual to initiate or continue sexual activity against an individual's will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail.

Does Title IX protect the accused?

Under Title IX, a federal civil rights law, and the Interim CSU Policy Prohibiting Discrimination, Harassment Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (the “Policy”), you have the right to be shielded from retaliation, as well as sex- and gender-based ...

Can pregnant girls go to high school?

Yes, you can go to high school while you're pregnant. Whether you choose parenting or adoption, there is assistance available to you.

Can a pregnant girl go to school?

YES. If your school provides special services to students with a temporary medical condition, it must also provide the same services to pregnant students and those recovering for childbirth related conditions. This may include homebound instruction and tutoring.

Does Title IX cover fathers?

Title IX prohibits discrimination on the basis of a student's “actual or potential” parental, family, or marital status or “pregnancy, child- birth, termination of pregnancy, or recovery therefrom.”1 Generally speaking, this means that schools must give all students who might be, are, or have been pregnant (whether ...

Why do we need Title IX now more than ever?

Because of that legislation, women have more access to opportunities in the classroom and in sports than ever before. Without Title IX, there probably wouldn't be enough basketball talent in our high schools, colleges or universities to fill the rosters in a professional women's league.

Which sport is excluded from Title IX?

Under Title IX there are no sport exclusions or exceptions.

What is the laundry list for Title IX?

The “laundry list” includes equipment and supplies, scheduling of games and practice times, travel and daily per diem allowances, access to tutoring, coaching, locker rooms, practice and competitive facilities, medical and training facilities and services, publicity, recruitment of student athletes and support services ...