Title IX

Question 1

Title IX

Answer 1

-federal statute
"no one shall on the basis of sex 
1. be excluded from participation in
2. be denied benefits of, or
3. be subjected to discrimination 
under any edu program or activity receiving federal financial assistance."

Question 2

Title IX Enforcement
initially
today

Answer 2

initially - dept of health, edu, and welfare

today - office of civil rights (OCR)

Question 3

Title IX Regulations (2)

Answer 3

-created by OCR to help explain what the law means and what violates the law
-Title IX implemented thru regulation:
34 C.F.R. 106.41 (a)

Question 4

2 types of Title IX claims

Answer 4

1. accommodation claims

2. equal treatment claims

Question 5

accommodation claims

Answer 5

-deals with opportunity to participate in athletics

34 C.F.R. 106.41 (c)(1)

Question 6

equal treatment claims

Answer 6

-deals with sex-based differences in schedules, equipment, coaching, and other factors affecting participation in athletics
34 C.F.R. 106.41 (c) (2) - (10)
-as well as sponsorships
34 C.F.R. 106.37 (c)

Question 7

1st safe harbor (for accommodation claims) (4)

Answer 7

• substantial proportionality
• whether opportunity for m and f students are provided in #s substantially proportionate to their respective enrollment
• most used; most schools rely on this prong
• must be w/in 3%

Question 8

2nd safe harbor (for accommodation claims) (4)

Answer 8

• where members of one sex have been and are unrepresented
• where institution can show a history of continuing practice of program expansion
• must be demonstrably responsive to developing interests and abilities of members of that sex
• hard to show/prove

Question 9

3rd safe harbor (for accommodation claims) (5)

Answer 9

• where members of one sex are underrepresented
• institution cant show a continued practice of program expansion
• where it can be demonstrated that the interests and abilities of the members of the sex have been fully and effectively accommodated by the present program
• thru student polls/research
• very hard to prove

Question 10

Title IX for football

Answer 10

fb has its own provisions bc fb scholarships, funding, etc

Question 11

main things you can get for Title IX claim? (2)

Answer 11

1. money

2. injunction

Question 12

obtaining a preliminary objection (4)

Answer 12

• must meet 4 parts to get it
  1. substantial likelihood of success on the merits
  2. substantial threat of irreparable injury
  3. threatened injury to plaintiff outweighs injury to the nonmovant
  4. injunction would not diserve public interest

Question 13

contact sports exception (4)

Answer 13

Mercer v. Duke

• schools are allowed to have sep. sports for each gender
• if a school only has 1 sport, anyone can try out for team as long as it’s a non-contact sport
• defendant didnt have to let plaintiff tryout bc fb is a contact sport
• but defendant let plaintiff tryout, then discriminated against plaintiff = you can’t do that

Question 14

boucher v. syracuse

to not make claim moot

Answer 14

• ask for damages
  
  • money and/or injunction
• you could ask for damages for all years bc the school didnt have the sport