A REVIEW AND ANALYSIS OF TITLE IX OF THE EDUCATION ...

[Pages:137]A REVIEW AND ANALYSIS OF TITLE IX OF THE EDUCATION AMENDMENTS OF 1972 by

STEVEN SETH RHINE (Under the Direction of John Dayton)

ABSTRACT Title IX of the Education Amendments of 1972 has become synonymous with expanding the athletic opportunities for females. Often misunderstood by educational administrators and the general public, this study attempts to review and analyze the historical development of Title IX with specific attention given to athletics at the collegiate and scholastic levels. Throughout this study, the historical and current status of the Title IX is evaluated as well as a thorough comparison between the law's current administration with the historical evidence of Title IX's legislative intent. With the most recent actions involving Title IX in March of 2005, the law's recent publicity demonstrates the ever increasing importance of understanding the legality of various actions by educational institutions as well as high school athletic associations.

INDEX WORDS:

Title IX, gender equity, intercollegiate athletics, scholastic athletics, Cohen v. Brown University, Franklin v. Gwinnett, Jackson v. Birmingham, gender discrimination

A REVIEW AND ANALYSIS OF TITLE IX OF THE EDUCATION AMENDMENTS OF 1972 by

STEVEN SETH RHINE B.A., Furman University, 1998 M.Ed., The University of Georgia, 2000

A Dissertation Submitted to the Graduate Faculty of The University of Georgia in Partial Fulfillment of the Requirements for the Degree DOCTOR OF EDUCATION ATHENS, GEORGIA 2005

? 2005 Steven Seth Rhine All Rights Reserved

A REVIEW AND ANALYSIS OF TITLE IX OF THE EDUCATION AMENDMENTS OF 1972 by

STEVEN SETH RHINE

Major Professor: Committee:

John Dayton

Catherine Sielke Thomas Holmes

Electronic Version Approved:

Maureen Grasso Dean of the Graduate School The University of Georgia December 2005

ACKNOWLEDGEMENTS For any student who attempts to complete the task of writing a dissertation and completing a doctoral degree, the list of those that have helped and provided support extends well beyond a page. With that in mind, let me first thank my committee and specifically Dr. John Dayton. Dr. Catherine Sielke has provided valuable leadership and valuable advice during the writing process. Dr. Holmes, thank you for serving on short notice and continually questioning the various aspects of Title IX. Dr. Dayton, there is no way to show my appreciation for all you have done. It would have been impossible to complete this paper and the degree without your flexibility, guidance, and leadership throughout the long process. Thank you to all three professors. To all my friends and family, thank you for your support during the entire process. Keith O'Carroll, you believed in me at the start and your belief never wavered. Kristi, you know how much you mean to me now and throughout the process. Without you both, I could have never combined coaching with classes and writing. Dr. Bryan Long, thank you for providing insights into the process and helping me believe that it could be done and will eventually be done. To Stacy, thank you for what you have done and had to put up with. To all the other students and teachers at Grayson High School that have helped during the process, thank you. Lastly, I want to acknowledge my son, Tyler. The joy you bring to my life now and when you were born provided me so much inspiration during the process. I love you so much and I hope that one day you will have the internal passion to embark on a journey similar to this. I love you son.

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TABLE OF CONTENTS Page

ACKNOWLEDGEMENTS........................................................................................................... iv CHAPTER

1 Overview of the Study ...................................................................................................1 Significance of the Study ..........................................................................................5 Research Questions ...................................................................................................6 Procedures .................................................................................................................6 Limitations of Study..................................................................................................7

2 Review of the Literature ................................................................................................8 Development of Title IX of the Education Amendments of 1972 ............................9 Formation of Title IX Regulations and Relevant Judicial Interpretations to 1992 .17 Relevant Court Cases and Federal Statutes from 1992 to current...........................41

3 Overview of Chapter 3.................................................................................................86 Current Legal Status of Title IX..............................................................................86 Title IX's Legislative Intent Compared with the Current Administration and Implementation of the Law .............................................................................104

4 Findings .....................................................................................................................115 Conclusions ...........................................................................................................117 Future Recommendations......................................................................................121

REFERENCES ............................................................................................................................125

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Chapter 1

Overview of the Study During the second half of the 20th century, the United States continued to expand legal protections for civil rights. In 1954, the United States Supreme Court ruled in Brown v. Board of Education that racially separate but equal schools were unconstitutional. During the early 1960's, President John F. Kennedy worked to expand the opportunities for both blacks and women. In his 1963 Civil Rights speech, President Kennedy cited the difficulties facing minorities and women by stating, "The heart of the question is whether all Americans are to be afforded equal rights and equal opportunities, whether we are going to treat our fellow Americans as we want to be treated." After President Kennedy's assassination, President Lyndon Johnson continued attempts to improve America with his "Great Society" programs. These programs included the Elementary and Secondary Education Act as well as various other plans designed to improve the educational opportunities for disadvantaged citizens (Schugurensky, n.d.). In a speech made by President Johnson to the graduates of University of Michigan in 1964, President Johnson cited the importance of education within his legislative initiatives by stating, "A third place to build the Great Society is in the classrooms of America. There your children's lives will be shaped. Our society will not be great until every young mind is set free to scan the farthest reaches of thought and imagination."

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Also during the 1960s, President Johnson's administration continued efforts to pass the Equal Rights Amendment (ERA). First introduced in 1923, the Equal Rights Amendment has been reintroduced in Congress each year since 1923. The proposed Amendment states, "Equality of Rights under the law shall not be denied or abridged by the United States or any state on account of sex." Although the necessary number of states never ratified the ERA, efforts to improve the quality of life for females were successful.

In 1972, President Richard Nixon signed Title IX of the Education Amendments into law. Primarily a law mandating equal opportunity in education (Hueben, 2003), Title IX states that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance" (Title IX, 1972, ? 1681). More than 30 years after its passage, Title IX continues to generate significant debate. Although renamed in 2002 the Patsy T. Mink Equal Opportunity in Education Act, the law is still commonly referred to as Title IX. For those persons directly affected by Title IX, the law remains confusing and almost always controversial (Galemore, 2003). The difficulties in interpreting the original law and the subsequent enforcement of Title IX's regulations have created two vastly different arguments concerning Title IX. The future implementation of Title IX and the potential changes to the administration of the law carry far-reaching consequences for students and educational institutions.

The development of Title IX resulted from the failure of the Equal Rights Amendment's ratification as a constitutional amendment (Title IX Legal Manual, 2001). After the ERA's continued rejection, Title IX of the Education Amendments was

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