Overview of Title IX
On June 23, 1972, Title IX of the Education Amendments of 1972 was enacted by Congress and was signed into law by President Richard Nixon, prohibiting sex discrimination in any educational program or activity receiving any type of federal financial aid.
As the Supreme Court recognized in the landmark case of United States v. Virginia, “our Nation has had a long and unfortunate history of sex discrimination.” But in the forty years since its enactment, Title IX has improved access to educational opportunities for millions of students, helping to ensure that no educational opportunity is denied to women on the basis of sex and that women are granted “equal opportunity to aspire, achieve, participate in and contribute to society based on their individual talents and capacities.”
Because education is linked to other benefits, such as participation in the labor force, increased earnings, better health and increased access to healthcare,14 the benefits of Title IX extend far beyond those experienced in school. Additionally, the benefits of Title IX reach beyond those realized by women. By prohibiting schools from treating students differently on the basis of sex, Title IX allows both men and women to equally take advantage of any course of study regardless of gender stereotypes about traditionally “male” or “female” coursework or professions. Title IX’s protections against harassment also apply to both sexes, and schools must take action to prevent sex-based harassment that interferes with the education of both males and females.
Title IX Time Line
1972: Title IX of the Education Amendments of 1972 is enacted, prohibiting discrimination on the basis of sex in any educational program or activity receiving federal funds. Colleges are given three years to comply with new regulations.
1976: The NCAA unsuccessfully files a lawsuit challenging the legality of Title IX athletic regulations.
1979: The U.S. Supreme Court rules in Cannon v. University of Chicago that individuals have the right to sue under Title IX.
1984: The Supreme Court rules in Grove City v. Bell that Title IX applies only to specific programs that receive federal funds, eliminating Title IX coverage of most athletic programs and other areas not directly receiving federal funds.
1988: The Civil Rights Restoration Act is passed over President Ronald Reagan’s veto, reversing Grove City and restoring Title IX coverage to all programs and activities at public education institutions.
1992: The Supreme Court rules unanimously in Franklin v. Gwinnett County Schools that students who experience sexual harassment in school may be awarded monetary damages. The NCAA publishes a “Gender-Equity Study” of its member institutions, detailing widespread sex discrimination in college athletics programs.
1994: The Equity in Athletics Disclosure Act (EADA) is passed, requiring federally funded, coeducational institutions of higher education to annually disclose information regarding the gender breakdown of their intercollegiate athletic programs.
2001: A case at the University of Colorado at Boulder involving the alleged rape of two female students by members of the football team — after which the university paid $2.5 million in damages to the women, in 2007 — led to what some say was an increased focus on sexual assault cases under Title IX.
2005: The Supreme Court rules in Jackson v. Birmingham Board of Education that schools are prohibited under Title IX from retaliating against those who protest sex discrimination.
2006: The U.S. Department of Education issues changes to the 1995 Title IX regulations, allowing schools to offer single-sex programs without adequate safeguards against stereotyping and other forms of sex discrimination.
2011: In a lawsuit filed in 2003 by three female students who were cut from the varsity wrestling team at the University of California (UC), Davis, a federal court finds that the university failed to provide sufficient athletic opportunities for women. UC Davis settles, paying more than $1.3 million to cover the women’s attorneys’ fees.
2014: The Department of Education’s Office for Civil Rights announces that 55 colleges and universities are under investigation for mishandling sexual assault and harassment cases.
2016: The U.S. Department of Justice sends a letter to North Carolina Gov. Pat McCrory (R) saying the state’s new “bathroom law,” directed at transgender individuals, is illegal and should be repealed; it also threatens to withhold funding from the University of North Carolina system should it comply with the legislation. McCrory sues the department, which sues McCrory in response.
Sources: Women’s Sports Foundation, National Coalition for Women & Girls in Education