We hear a lot about Title IX, but what does it really mean? Here’s what to know.
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Evolution of Women’s College Sports
Next year, North Carolina celebrates 50 years of Title IX for college sports. It’s reshaped the landscape in unpredictable ways, and many women say they have more competitive opportunities than ever. But how fair is it really? The work is not done yet. This is The N&O’s speical report.
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Title IX, a civil rights law that prohibits gender-related discrimination in programs that receive federal funding, is quickly approaching its 50th anniversary.
Title IX is best known for its role in sports and gender equity, but there’s a lot more to it — especially on college campuses.
Locally, UNC-Chapel Hill and Duke are celebrating 50 years of women’s athletics this year, and NC State is close behind.
As part of a larger report by The News & Observer on women in college athletics, we take a closer look at Title IX, its history and what may be in its future.
What is Title IX?
Title IX of the Educational Amendments was enacted in 1972. It prohibits sex-based discrimination, gender-based discrimination and sexual harassment in all federally assisted education programs and activities.
While the law is most commonly known in student-athlete settings, the law covers all aspects of academic life. This can include counseling support, classroom space for after-school activities, bathroom access and more.
Title IX doesn’t just protects students. It protects anyone who interacts with a school, including parents, guardians, employees and applicants.
Every school must have and make known its procedures for students to file complaints of sex discrimination. Every school must also have a Title IX coordinator who’s available to students and employees.
How does Title IX apply specifically to sports?
There are three basic parts of Title IX as it applies to athletics: participation, scholarships and other benefits.
Women and men must be provided equitable opportunities to participate in sports. The law does not, however, require identical sports, but an equal opportunity to participate.
Male and female student-athletes must receive athletic scholarship dollars proportional to their participation.
Female and male student-athletes must receive equal treatment regarding equipment, game and practice time schedules, coaching, practice and locker room facilities, access to tutoring and other benefits.
It doesn’t mean dollar-for-dollar equal funding.
Title IX requires that the same monetary amounts be spent proportionally to participation in scholarships, but it does not require the same amount of money to be spent on men’s and women’s sports.
The Javits Amendment, passed in 1974, states that legitimate and justifiable discrepancies for nongender-related activities be taken into account. This can include differing costs of equipment or event management expenditures.
For example, women’s lacrosse requires the student-athletes to have more protective equipment than men’s swimming. Per the Javits Amendment, the two sports are required by law to receive equal proportional funding, rather than the exact same amount of money.
How has Title IX changed over time?
In June, the rule expanded to include LGBTQ+ protections.
The federal law was expanded to include sexual orientation and gender identity, per the Department of Education, meaning it began protecting transgender students.
A June 2021 report, released by the department’s Office of Civil Rights, showed the disproportionate rates that LGBTQ+ students face additional challenges (like harassment and bullying) in schools, leaving them with little to no school-based mental health services and other support.
Last year, the federal government changed Title IX to offer more protections to students accused of sexual misconduct.
In August 2020, former Secretary of Education Betsy DeVos increased protections for students accused of sexual harassment or assault — a change that took nearly three years to complete.
UNC-Chapel Hill adopted a new Title IX policy in compliance with the federal mandate, though the university maintained a preponderance of the evidence standard in all instances of alleged discrimination and harassment, including sexual misconduct.
The rule created a judicial-like process that gives the accused a live hearing with panel members and the chance to cross-examine accusers. It replaced an Obama-era rule, which had been championed by victims’ rights advocates for protecting sexual assault survivors. Critics said that rule aimed to find students guilty.
DeVos upholds this as one of her most significant accomplishments in office.
How does Title IX address sexual misconduct on campuses?
Title IX covers all forms of sexual harassment.
Sexual violence falls under this umbrella. Sexual harassment includes any unwelcome sexual conduct, which can be verbal, nonverbal and/or physical.
Title IX requires that schools use a preponderance of the evidence as the standard of proof in sexual harassment cases, meaning “it’s more likely than not” that the respondent committed the act.
Student athletes are disciplined for sexual assault at a much higher rate than overall student populations.
“It’s completely consistent with what I would have expected,” Brett Sokolow, president of the Association of Title IX Administrators, said to USA Today in 2019.
A 2019 Department of Education report found that UNC-Chapel Hill student athletes accused of sexual assault have not been property investigated. The university misrepresented and under-reported campus crime statistics, including sexual assault, and was ordered to pay a $1.5 million fine in a settlement.
“The Department remains deeply concerned about the damage done to crime victims, especially sexual assault survivors, by the structural flaws in the Honor Court system and the limitations of the Instrument, particularly with regard to the system’s inability to properly address cases involving student-athletes,” the report says.
Some state lawmakers have been trying to protect students accused of sexual misconduct.
In March, some North Carolina state senators introduced a bill that would expand the rights of college students accused of sexual misconduct, though it never made it out of committee. A nearly identical bill was introduced in 2019 by Rep. Mitchell Setzer, a Catawba County Republican. It passed in the House, but the bill never made it out of the Senate.
If this bill became law, it would increase the level of evidence permitted at UNC System campuses. They currently use “a preponderance of the evidence” standard in student disciplinary proceedings. This bill would increase the standard to “clear and convincing evidence.”
What could the future of Title IX look like?
The Education Department could make some changes to the rule in May 2022.
The department, under the Biden-Harris Administration, plans to propose changes to Title IX regulations in May 2022.
President Joe Biden said DeVos’ rule “gives colleges a green light to ignore sexual violence and strip survivors of their rights.”
Do you have a Title IX-related experience that you’d like to share with The N&O? Email kcataudella@newsobserver.com, or check out our resources to ask questions and submit anonymous tips.
This story was originally published October 31, 2021 at 6:00 AM with the headline "We hear a lot about Title IX, but what does it really mean? Here’s what to know.."