Happy Anniversary Title IX! June 23, 2012 ATIXA Nancy Hogshead-Makar Senior Director of – TWITTER Professor of Law

Title IX: If an Educational Institution Receives Taxpayer Money, It Must Agree to Provide an Environment Free from Sex-Discrimination

Title IX & the Toast Rule:

Five Areas of the Law: Different Strategies for Mandating Equality for Women in Athletics United States Constitution Equal Protection Clause, 42 U.S.C. § 1983 Public Accommodations Laws Ted Stevens Olympic and Amateur Sports Act 36 U.S.C. § , et seq. Title IX of the Educational Amendments of U.S.C. Section 1681 et seq. Equal Pay Act and Title VII Coaching, Administration and Leadership

Men's Bathroom Is this a civil rights issue? (Or just a hygiene issue?)

It depends: What do the women's’ bathrooms look like?

Title IX and Equity in Athletics Participation Title IX Covers… … every aspect of federally funded education programs. Access to Higher Education Athletics Career Education Education for Pregnant and Parenting Students Employment Learning Environment Math and Science Sexual Harassment Standardized Testing Technology

Only Sport is Sex-Segregated

WSF RESEARCH: “Her Life Depends on It” Physical Activity: Key to Healthy Girls Girls who participate in sports: Academically more successful Will complete more education Sports causes more education Less likely to become pregnant Less likely to use drugs Less likely to become obese –Bob Kaestner Less likely to develop breast cancer, heart disease, osteoporosis or depression.

Recent Research on Sports Participation CAUSATION Professor Betsey Stevenson, Economist at Princeton found that Title IX & high school sports participation was responsible for: –one-fifth of the rise of female educational attainment for the generation that followed the new policy, –10% increase in women working full time, –12% spike in women in traditionally male-dominated occupations, such as accounting, law and veterinary medicine.

Title IX and Equity in Athletics Participation Cases for Athletics Jackson v. Birmingham Bd. of Ed., 544 U.S. 167 (2005) Lisa Simpson; Anne Gilmore v. University of Colorado Boulder, et al., (No , No ; 2007U.S. App. LEXIS 21478) U.S. Ct. of Appeals, 10th Cir., September 6, 2007 Tiffany Williams v. Board of Regents of University of Georgia, (2006 U.S. App, LEXIS 5895) U.S. Ct. of Appeals, 11th Circuit, March 9, 2006 Melissa Jennings v. University of N. Carolina, Chapel Hill, (2006 U.S. App. LEXIS 8869) U.S. Ct. of Appeals, 4th Circuit, April 11, 2006 Fitzgerald,et al., v. Barnstable School Committee et al., 129 U.S. 788 (January 21, 2009)

Questions?