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Running head: TITLE IX

The Effectiveness of Title IX


Erin Moran
Naperville Central High School

TITLE IX

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The Effectiveness of Title IX
Introduction

Sports have always been Americas favorite pastime. Whether it be watching on


television or physically playing them growing up, the majority of society has watched or
participated in sports in their life. Throughout history, gender inequality in sports has decreased
and typically is no longer a legal issue in America, however, there is still discrimination against
females playing sports. Title IX is the federal law that creates equal opportunities for any
individual wanting to participate in a sport no matter their gender. Although this was amended in
1972, there continues to be sources of injustice throughout athletic institutions in America. The
purpose of this investigation is to answer the primary research question: Why has Title IX not
been an effective way to enforce gender equality in sports? This researcher hypothesizes that the
law has not been effective because of the neglect of the emotional, physical, and financial
discrimination of female sports.
Review of Literature
Background of Title IX Law
In 1972, Richard Nixon signed the Educational Amendments Act that was made famous
for Title IX of it. The Womens Sports Foundation states (2011) that Title IX prohibits sex
discrimination in any educational program or activity receiving any type of federal financial aid
(p. 1). Before 1972, women did not have the government backing the wanted opportunities up.
Women were forced to sit on the sidelines and not experience first hand Americas culture.
When the law was amended, it brought a hope to females, young and old. Conservative females,
mostly the older generation in the 70s, did not participate in the opportunity. However, the law

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was to give civil rights to females. As the civil rights movement focusing on racial issues was
coming to an end around this time, women wanted their equality too. As it was exciting and
many Title IX babies were born into the sports world, the neglect for true equality was also
born. There is no system to this date that has substantially been able prevent gender
discrimination.
High School
Any institution that receives federal funding is under the law amended in 1972. Research
shows that high schools are violating parts of Title IX. Although there are some schools that
illegally hide this problem, most schools are compliant of the equal number of sports/
opportunities. However, the violation occurs with the emotional discrimination. Whether it be
booster clubs focusing their money on singular sports or it be the school acknowledging singular
sports for the accomplishments, these are violations. A researcher recognizes that in schools
there is direct discrimination through social media. A school sponsored group only show support
to the football team (the popular sport in society) and not every sport. This is only giving one
sport the opportunity. This is discrimination and in most schools is acknowledged and fixed.
Female Professional Athletes
There is no research needed to show that women sports are incredibly under appreciated.
Its obvious. Title IX is supposed to have a positive impact that should equalize the importance
of womens sports. However, it is clear that female sports are at a lower level than male sports in
the aspect of appreciation. For example, the WNBA, or Womens National Basketball
Association, is very much underrated. Berri for Vice Sports stated that the gap between
professional basketball salaries is estimated to be 0.78that is, a woman is paid 78 cents for

TITLE IX

every dollar paid to a man doing the same work (p.1). It makes sense if the NBA makes more
money than they should be paid more. However, the reason they create more revenue is the fact
that American society discriminates against females. They arent treated with the amount of
respect their athletic level deserves. Society thinks that women are not capable of being strong.
That is how the older generation was born and raised! A lot of professional athletes play overseas
in national leagues that they make a lot more money and are appreciated a ton more. This shows
that American society is not successful. Title IX is not effective here.
College Athletic Departments
Title IX has affected college athletic departments in positive and negative ways.
Numerous colleges have been caught in sexual assault cases that have led to Title IX making or
breaking the outcome. If the colleges are in compliance with the law, they have leverage against
any attempt at convicting them of violating Title IX. The federal government is supposed to keep
athletic departments in check of following all rules, however somehow there continues to be
problems. Through the years because of these problems, sexual harassment has been placed
under Title IX issues because of how the courts have dealt with them in the past. Baylor
University has experienced the backlash of Title IX in full swing plenty of times in the past few
years. Three football players have been convicted of rape in the past year. This not only gives a
bad image for the college, but it puts the athletics under a microscope to see how they handle it
and if they are successfully fulfilling the equal aspects of Title IX. Reagan writes in the Wall
Street Journal (2016) that, Baylor is also fighting a number of Title IX lawsuits by victims
alleging that the school failed to adequately investigate alleged sexual assaults against them
(p.1). If controversies like these continue to occur without the problem being fixed, Title IX will

TITLE IX

continue to lose effectiveness. Gender equality cant be shown through in colleges because
athletic departments manipulate the system to not violate codes.
Mens Sports
Although the law sparked an 800% increase in participation in girls high school sports
from 1972 to present day, this has not been successful for all aspects of high school athletics. In
the efforts to bring civil rights to the female gender, males have lost a lot of what they typically
were used to getting. The law forces the number of programs to be equal. An article from
Current Events (2012) acknowledges that Twenty-three years ago, there were 107 men's
gymnastic teams. Now there are 20 (p.3). If both men and women are not satisfied with the law,
there should be a change. Although hypothetically no one will ever be satisfied, there should be a
compromise. With the massive decrease in male athletes opportunities due to enforcing the law,
the whole point of the act is contradicting itself. It is not fair for boys wrestling, gymnastics, etc.
to be cut because there are less girl sports. Higher money-making sports like football and
basketball are never threatened because the money will always put them on a higher level. In
particular, wrestling coaches and wrestlers are furious with the condition of Title IX and many
have filed a lawsuit in hopes of overturning the amendment. Annexstein from National
Voter(2003) quotes Leo Kocher, a college wrestling coach, stating "I think I'm trying to enforce
Title IX, because it says don't discriminate on the basis of sex. Well, when you're telling males to
clean out their lockers because they're male.... boy, if that's not discrimination on the basis of
sex, I don't know what is" (p.2). This statement is incredibly important. When did it become
okay to allow womens sports above mens? This shows that Title IX is not being enforced in the
correct way it should be. The basis of the law is to not discriminate against due to gender. It does

TITLE IX

not say dont discriminate against females. Male sports should be protected just as much as
female sports.
Conclusion
This research study identifies why Title IX has not been an effective way of enforcing
gender equality in sports. Many factors impact the effectiveness because of its complexity. Title
IX focuses too much on number of sports. The Title IX advocates do not acknowledge the
repercussions risen. Some of these effects include loss of smaller boys sports, increase of cases
of sexual harassment that are not judged for its true meaning, and overall loss of motivation to
appreciate women. This research shows that there needs to be a change in the law because it is
not doing the job that it was created for. Title IX was created to give importance to sports no
matter the gender. However, the only thing it has brought is more neglect to the majority of
athletes.
Future Research
Future research on this topic should bring more attention to what leaders in athletic
departments are supposed to be enforcing but truly arent. Finding out the flaws in these systems
would be beneficial to get a better understanding as to why Title IX isnt succeeding.
Possible Outcome
A possible outcome of this research is that Title IX has declined in success rate. The data
shows that Title IX has not been able to give every athlete an equal opportunity to be successful.

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7
References

Annexstein, L. I. (2003, May-June). Equality is not negotiable--keep title IX intact. (At Issue).
National Voter, 52(3), 18.
This study references a collegiate soccer team. This data is helpful because it is direct data
from a real college team. The major focus of this piece of data is provide quantitative data
about the population of certain groups pertaining to the subject at hand.
Berri, D. (2015, August 12). Basketball's Gender Wage Gap Is Even Worse Than You Think |
VICE Sports.
This study refers to the exact salaries of both genders of professional basketball players.
This is beneficial because it shows the large gap. This is good data to use because it is
direct inequality.
BRYJAK, G. J. (2000, July). THE ONGOING CONTROVERSY OVER TITLE IX. USA Today,
129(2662), 62.
This study provides data of the major controversies between the government and athletic
institutions. This data is extremely beneficial because it focuses on the government aspect
of things. Data regarding the Supreme Court is a part of this study and refers to the
Reagan administration. This is helpful in finding background about the implications of
the law.
Bush, M. A. (2005, September-October). Karen Blumenthal: Let Me Play: The Story of Title IX,
the Law That Changed the Future of Girls in America. The Horn Book Magazine, 81(5),
597+.

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This study written by Bush has citations from the original Title IX implicated in 1972.
This also includes data about the political aspect of the law. This is important because the
background info benefits the reader with needed knowledge to understand the
importance.
Fair game? The battle over Title IX. (2003, January 24). Current Events, a Weekly Reader
publication, 102(16), 1+.
This study focuses on young females opinions. This is beneficial to see the girls feelings
toward discrimination and miss opportunities in sports.
Gavora, J. "How Title IX Became a Political Weapon." Wall Street Journal. 2015, June 08
This study provides information regarding how the government sees issues in the court of
law. This is very important because people are able to manipulate the system. This article
explains how this is controversy and what led to them being able to manipulate the law of
Title IX.
Gersen, J. E. "How the Feds Use Title IX To Bully Universities." Wall Street Journal. 2016,
January 25: A13.
Similar to the previous study, this study provides information regarding how the
government sees issues. However, this study focuses on how colleges manipulate sexual
harassment cases with Title IX. This study focuses on Baylor University and the
problems regarding sexual assault cases that have happened recently.
History of Title IX - Women's Sports Foundation. (2011, September 13). Retrieved November 20,
2016.

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Justices Hear Case on Title IX Retaliation; Court Appears Divided on Whether Law Permits
Alabama Coach's Claim. (2004, December 8). Education Week, 24(15), 24.
KWON, A. (2004). Title IX and Girls' Sports. In P. S. Fass (Ed.), Encyclopedia of Children and
Childhood: In History and Society (Vol. 3, pp. 834-835). New York: Macmillan
Reference USA.
Myers, M. "High School Football 'Still the King'." McClatchy - Tribune Business News. 2016,
October 09
Reagan, B. "Baylor Under Investigation for Possible Title IX Violations; Disclosure marks
escalation of sexual-assault scandal that has resulted in termination of university's
football coach and president." Wall Street Journal (Online). 2016, October 19
Stepzinski, T. "Civil rights champion/Olympic gold medalist advocates to level the playing field
for girls and women." McClatchy - Tribune Business News. 2016, July 10
Tarkan, L. (1995, September). Unequal opportunity. Women's Sports and Fitness, 17(6), 25+.
Taylor, K. R. (2002, April 01). Are all things equal at your school?. Leadership for Student
Activities, (8), 29.

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