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Opening Minds to Gender Equality
In October of 1967, President Johnson became responsible the future groundwork for gender equity in legislation by signing the Executive Order 11375 (Kwak, 2012). Executive Order 11375 prohibits discrimination on the basis of sex in employment settings and practices (Kwak, 2012). This event led to the opening of further discussions and ideas supporting gender equality. This Executive Order specifically opened the door for the creation of Title IX. -
Title IX
Title IX was passed as a part of the Educational Amendments on June 23, 1972 (Feminist Majority Foundation [FMF], 2014). Title IX was signed into legislation by Richard Nixon and specifically prohibited discrimination on the basis of sex in any educational activity or group that is federally funded (Women’s Sports Foundation [WSF], 2011). While this law being passed was of extreme importance and a significant step towards equality, it would not be without its own challenges and struggles. -
Title IX Resistance
Title IX was not necessarily met with open arms. Just two years after Title IX was created, Texas Senator John Tower, specifically backed an amendment intended to exempt revenue sports from Title IX (Kwak, 2012). The House rejected this proposed amendment but it became clear that many aspects of higher education, including sports, were not fully open to embracing these new set regulations. -
Three years to Comply
Just a year after the proposed amendment with Senator John Tower, the Department of Health, Education, and Welfare enforces regulations regarding Title IX, giving high schools and colleges that receive federal funding three years to comply with Title IX regulations (Kwak, 2012). Three years was granted for compliance due to the expansive overhaul and creation of new policies required in order to fully meet new rules and regulations. -
Establishing Details
As Title IX was continuing to expand and develop, so were the rules and regulations that fell under the new law. With a law that is overly vague, sexual harassment was brought to attention regarding if it fell under this law or not. In 1980, the court established in Alexander v. Yale that sexual harassment is indeed a violation of Title IX because it is a form of sexual discrimination (Kwak, 2012). This ruling is a significant step forward in the protection established by Title IX. -
NCAA Milestone 1981-1982
Figure 1. Uconn women's ncaa field hockey champions (National Championship, n.d.). Another significant milestone was officially reached in sports in higher education as the NCAA acknowledges and crowns Division I national champions in an array of female sports (Kwak, 2012). These sports included cross-country, track, field hockey, volleyball, basketball, swimming, golf, gymnastics, softball, and tennis (Kwak, 2012). -
Visible Results in Higher Education
While only seven years have passed since the creation of Title IX, for the first time in American higher education history, women officially outnumber men in higher education enrollment in degree awarding colleges (Kwak, 2012). While gender equality has not been fully achieved at this time, this mile marker is significant regarding the leaps and bounds women have overcome and accomplished in American higher education. -
Setback
The first major setback for the progress made with Title IX occurred in Grove City v. Bell. This ruling established that Title IX did not fully cover all aspects of institutions, and only specifically covered programs receiving federal funding (FMF, 2014). This established that athletics and any other program without federal funding had the ability to discriminate based on sex. -
The Civil Rights Restoration Act of 1987
The Civil Rights Restoration Act of 1987 did not go into full effect until March of 1988 (WSF, 2011). This act reversed the results of Grove city and established that Title IX covers any federally funded program across institutions (WSF, 2011). This act reestablished the important rules and regulations intended in the formation of Title IX. -
Gender Equity Study
Figure 3. Gender symbols images. ("Gender Symbols," 2011). Title IX has helped the efforts of gender equity progress drastically, but visible inequality is still evident. The NCAA conducted its first gender equity test in 1992 and discovered significant imbalances between female and male athletics in college (Kwak, 2012). Men received 70% of athletic scholarship funds, 77% of athletic operating budgets, and a landslide of 83% of athletic recruiting money (Kwak, 2012). -
Equity in Athletics Disclosure Act
Senator Mosley-Braun and Representative Collins backed the Equity Athletics Disclosure Act, which required that all co-educational higher educational institutions fully disclose information pertaining to its athletics programs if the institution participates in any student financial aid program (WSF, 2011). This brought about a higher level of accountability and is significant in its importance to the proper developmental inclusiveness on gender equity in higher education. -
Weakening of Title IX
The Department of Education essentially weakened Title IX by allowing schools to use email surveys sent to female students to gauge interest in specific sports (WSF, 2011). This became an issue because if a higher education institution did not receive enough email feedback, the institution could claim there was little interest and allowed them to remain compliant with Title IX. -
Reclassification of Survey Retrieval
The Department of Education established a new policy which rescinded the relaxed method of retrieving surveys from female students (WSF, 2011). This is imperative because it reestablished accountability in higher education institutions by requiring them to follow specific retrieval methods of surveys to ensure accurate results. -
Title IX and Sexual Harassment
The Department of Education issued a new policy to ensure that Title IX does protect all students from sexual harassment and sexual violence (WSF, 2011). This policy establishes further protection for students ensuring that proper methods and ideas are being formulated to better enhance student safety in higher education. -
45th Anniversary
Figure 4. Title ix is law. (Ross, 2017).
The milestones created by the formation of Title IX have been astronomical for the progression towards gender equity in higher education. Women would not have the rights they do today in higher education if it were not for Title IX. 45 years is a milestone to celebrate while reflecting on the development and adaptions still needed in higher education. -
Continued Improvements
As forty-five years have passed since the creation of Title IX, drastic improvements have been made, but progress and efforts need to continue. In the years to come, more improvements to Title IX are likely to continue to establish the protection of students, by ensuring that higher education institutions are in compliance in all aspects. These developments will only continue to create an atmosphere in higher education that is progressive that enables the protection and rights of all students. -
References
Feminist Majority Foundation. (2014). Gender equality in athletics and sports. Retrieved from http://www.feminist.org/sports/titleIX.html Gender Symbols Female Male. (2011). Magazines.com blog. Retrieved from http://blog.magazines.com/pregnancy-blood-test-can-determine-fetal-gender-at-seven-weeks/gender-symbols-male-female -
References Continued
Kwak, S. (2012). Title ix timeline: How the law has evolved through 40 years of legal challenges. Retrieved from https://www.si.com/vault/2012/05/07/106189983/title-ix- timeline# National Championship Teams. (n.d.). The University of Connecticut. Retrieved from http://www.uconnhuskies.com/trads/national-champions.html\ -
References Continued
Ross, B. (2017). Making the 45th anniversary of title ix. Retrieved from https://www.cin cypeople.com/scene/2017/6/29/marking-the-45th-anniversary-of-title-ix Women’s Sports Foundation. (2011). Title ix legislative chronology. Retrieved from https://www.womenssportsfoundation.org/advocate/title-ix-issues/history-title-ix/history- title-ix/
