Review of Literature: Title IX
In 1972, the
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In 1972, the U.S. Congress passed into law, Title IX, a regulatory policy to end sex discrimination in publicly funded schools with respect to athletic affairs. Since its inception, Title IX has been reaffirmed and modified (Rhoads, 2004). Te purpose of Title IX was to provide relief to individuals suffering from some form of exclusion or discrimination and the law is therefore positioned within the Civil Rights Act of 1964 as an adjunct to Title VII of that Act. Title IX of the Education Amendments of 1972 addressed the rights of all individuals, regardless of sex to participate in educational programs and activities that receive federal financial assistance. With the full weight of the federal government behind it, most individuals erroneously believe that the inequity women had faced in athletics was eliminated (Whisenant, 2003). As this review of literature will demonstrate, though Title IX has resulted in some significant improvements in the treatment of women athletes in the educational system, it has not succeeded in eliminating all vestiges of discrimination and inequities. In a discussion of the effects of Title IX on gender discrimination in collegiate athletics, Siegelman and Wahlbeck (1999) commented that gender equity has yet to be achieved in intercollegiate athletics and that there is a great deal of controversy about Title IXÆs requirements. Using data obtained form the Office for Civil Rights, the resea
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een pursued in an effort to clarify what universities and colleges must do to be in compliance with the regulations of Title IX. Epstein (2003) takes the position that Title IX offers universities the option of using quota systems to allocate resources for interscholastic and other athletic programs. It is his position, based upon a reading of Title IX itself and recent court cases, that it is simply impossible to develop a system that would result in true equality in athletic program funding.
In conducting his study, Epstein (2003) first analyzed the meaning of Nike Inc.Æs slogan ôjust do itö and then applied this analysis to a consideration of Title IX. In what was clearly a focused think piece, Epstein (2003) argued that some form of accommodation is needed to carry Title IX from the traditional classroom to athletics, but also noted that Title IX offers no real guidance and that it is no longer possible to ôjust do itö if we have no idea what it is that should be done. Creating the Office of Civil Rights within the U.S. Department of Education has not resolved the problem of what it truly will take for Title IX to become a reality. Epstein (2003, p. 380) stated that:
The regulation prompts several observations even
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