Title IX Research Paper December 11 Daniel Rose
History
TITLE VI of the Civil Rights Act of 1964 law was what many civil rights activists had been lobbying for over many years. Title VI was made to end segregation and discrimination on the basis of color, gender, and nationality for employment. However, education was not included in TITLE VI, which caused Dr. Bernice R. Sandler, a senior scholar at the Women’s Research and Education Institute in Washington, DC, to still have to fight for her job at the University of Maryland. Dr.
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Oversight of the implementation of TITLE IX was given to the Department of Education’s Office of Civil Rights (OCR), which is based on protecting the civil rights within federally assisted education programs.
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In 1984, Grove City College officials, in order to keep an autonomous institution, did not accept federal funds or aids. However, things became complicated when the college accepted a large amount of students who received Basic Educational Opportunity Grants (BEOGs). Because grants are given by a federal bureau, the ED saw this as the Grove City College officials accepting federal funds. As a result, the ED put the Grove City under the order of TITLE IX; therefore, they also had to issue an Assurance of Compliance form and get Grove College City to sign it. When Grove City refused to sign the compliance form the ED cut off the financial aid to the students attending the college.
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Grove College City issued a lawsuit against the ED saying that they could not stop the financial aid of the students based on the refusal to sign the Assurance of Compliance form. A federal trial court agreed, but they soon turned in favor to the ED, and Grove College City took the case to the Supreme Court. When Supreme Court reviewed the case they agreed that the ED had the right to act considering that the BEOGs were federal funds, and they also agreed that the TITLE IX
In the case of Yusef v. Wisconsin Department of Education, the court decided in majority opinion, 9-0, in favor of the Respondent. The Freeman’s Christian Academy is not in violation of neither the Establishment Clause of the 1st Amendment nor the Civil Rights Act of 1964, Title VI. Without the physical implementation of segregation amongst the students of color, their beliefs of segregation cannot be formally punished. There is a difference between advocation and employment, and because it cannot be proven that the funds received by the voucher system are used to promote the separation of people on the basis of religion and race, a rule set by the case, Lemon v. Kurtzmann, the Freeman's Christian Academy is lawful in receiving federal financial
It was also concluded that the IHSAA broke one of their own rules in regards to the Hardship Rule. According to the Transfer Rule: Rule 19, even when B.J. was granted partial-eligibility, the IHSAA was violating Rule 19.4: “A student should be ineligible for 365 days if he or she transfers schools for athletic reasons”. On top of that, the IHSAA often times issues grants to children who move schools because of their parents. Yet, the IHSAA ignored the facts provided by the plaintiff and his family that would counteract their decision. Furthermore, the IHSAA claimed that the exception holds true when it includes children and/or public interest. The court agreed upon these standards, proving more reasons as to why B.J. should’ve been given the
The question of Title IX and its regulatory application with respect to the Department of Education’s Office for Civil Rights is a matter which has been considered by a myriad of Presidential administrations since its codification into law in 1972. In 2011, the Obama Administration, in partnership with the Office for Civil Rights, took a step markedly distinguished from the guidance which had heretofore been promulgated in its release of a significant guidance document that had not undergone the procedural notice-and-comment rulemaking process. The Office issued its “2011 Dear Colleague Letter,” hereinafter referred to as the “Letter,” which fundamentally altered the policies and practices at institutions of higher education across the
“In May 2013, the Office for Civil Rights initiated a compliance review (an investigation initiated by OCR –- not as a result of a complaint) of Dartmouth College related to sexual harassment grievance procedures, the college’s response to sexual harassment claims and the designation and notice of a Title IX coordinator,” Stephen Spector, department spokesman for the OCR, said in an email.
As I read both the book and the Title IX article this week it has become perfectly clear to myself that like many other aspects of life, leisure is neither equal nor fair. Many leisure activities discriminate towards different groups of people. But it is crucial that we allow for equal participation in leisure activities for many reasons. Most importantly for those who may be viewed as different from what society deems normal, integrating them into society by way of normal fun activities is crucial to helping them feel comfortable, accepted and loved. In the Title XI article, it discussed the allowing of women to play in male dominated sports all throughout youth leagues to high school. This is crucial because it allowing an able bodied girl
about the passing of the Title IX of the Higher Education Act in 1972 (ibid., 320).
While Title IX is often thought of “the women’s sports bill”, the history and progression of Title IX suggests a far more complex history. In fact, as Amanda Ross Edwards suggests, Title IX’s shift was reaction to public conflict about the bill that was spurred after the bill’s creation. The conflicts surrounding the development of Title IX suggests that debates about who should be included in educational spaces and who should be excluded from those spaces did not cease upon the Brown vs. Board of Education or after the development of the Civil Rights Act of 1964. As we examine the controversy and discourse of Title IX—especially regarding women in sports—it becomes clear that the American public was still very much interested in creating
Then, in a 1984 decision, Grove City v. Bell, the U.S. Supreme Court gutted Title IX. In that ruling, the court said Title IX did not cover entire educational institutions - only those programs directly receiving federal funds. Other programs, such as athletics, that did not receive federal funds, were free to discriminate on the basis of gender.
“The Title IX coordinator is the responsible employee of the recipient with major responsibility for Title IX compliance efforts. The Title IX coordinator’s responsibilities are critical to the development, implementation, and monitoring of meaningful efforts to comply with Title IX. Therefore, Federal funding agencies must inform their recipients of the following obligations under the Title IX
In some cases a schools decision to cut sports in order to comply with Title IX has lead to a lawsuit. An example of this would be Miami University. The university formed a committee to address the issue of Title IX compliance and hired a consultant as well. "The committee and consultant determined that in order to comply with Title IX, the university had the option of eliminating a few sports for men. As a result, the university eliminated the men's soccer, wrestling and tennis teams, effective at the end of the 1999 spring semester (Challenge 2002)." On November 18, 1999, the plaintiffs filed a complaint against the defendants, claming that the defendants' elimination of the men's wrestling, tennis and soccer programs at Miami University, a state university of the State of Ohio and a recipient of federal funds, constituted gender discrimination in violation of the 20 U.S.C.& et seq. And violated their rights to equal protection under the Fourteenth Amendment (United 2002). The court found that the plaintiffs failed
“The suit alleged that by using federal grants as an incentive for states to implement the standards, the Education Department is attempting to coerce states to implement Common Core in a violation of the 10th Amendment” (Kaplan, 2014, para 2).
Betsy DeVos has brought back to our attention Title IX enforcement, wanting to take away the protection and equality that it currently gives to college students under the Obama administration’s interpretation of the law. Since 1972, Title IX has implemented equality for all students in federally funded schools which includes education and athletics. This majorly increased opportunities for women athletes such as before the law was passed, there were only “32,000 women participating in intercollegiate athletics” (Paule-Koba,115) and by “2004, that number had increased to a record 202,540 women” (Paule-Koba, 115). Since 2011, the Obama administration put forward an additional interpretation adding that the word equality in Title IX had to
Title VII was one of the major legislation that was a direct result of the civil rights movement in the 1960s. A famous civil rights leader by the name of Martin Luther King Jr. Was very instrumental in obtaining
Title IX did much more than what the average mind thinks of when they hear the words: Title IX. I personally was interested in what people thought of when they heard this and did two simple interviews, one of my grandpa’s, a 73 year old man, and also interviewed my friend, Samm, who is a 19 year old female who just recently
According to the 14th Amendment, The Equal Protection Clause forbids any state from making a law that infringes upon a person’s right (cite the Constitution). In other words, laws must treat a person as equally as others in similar situations. The Supreme Court discovered that the case hadn’t gone through the “strict scrutiny” test, so it was sent the case back to the U.S. Court of Appeals for further review. The Court of Appeals determined in a 2-1 verdict that the university was justified in its use of affirmative action (Affirmative Action Timeline). In the aftermath of the case, universities and medical schools now face complications justifying their affirmative action plans. While many people oppose affirmative action policies, there are experts who defend the