The resources on this website include (see the links following the Overview):
- a list of the 13 Title IX athletics program areas and the factors within those areas reviewed for compliance;
- Title IX facts;
- an executive summary providing an overview of Title IX athletics;
- a description of how Title IX is enforced;
- summaries and full text of the Title IX policies and related documents;
- a summary of Government Accountability Office studies for the three-part test.
OVERVIEW OF TITLE IX ATHLETICS POLICY DOCUMENTS
The Title IX statute (1972) is the law enacted by the U.S. Congress stating the general requirements for nondiscrimination on the basis of sex in education programs. The Title IX regulation (1975) also has the force of law and provides greater specificity. The Title IX regulation was written by employees of the Office for Civil Rights (OCR), U.S. Department of Health, Education, and Welfare (HEW), reviewed by Congress, and approved by the President. (HEW split in 1980 to form the U.S. Department of Education and the U.S. Department of Health and Human Services.) Federal agencies have the authority to issue policies on the regulations they enforce. OCR issued an Intercollegiate Athletics Policy Interpretation (1979) explaining its policy interpreting the Title IX regulation. Other significant policy documents issued by OCR are: the Title IX Athletics Investigator’s Manual (1990); the “Clarification of Intercollegiate Athletics Policy Guidance: The Three-Part Test” (1996); and guidance regarding the award of athletic scholarships (1998). In September 1975, OCR issued general guidance, with a specific statement on cheerleaders, drill teams, and the like. The Equal Employment Opportunity Commission (EEOC), an independent federal agency that enforces nondiscrimination requirements for employment, issued guidance on coaches’ salaries in 1997. The full text and summaries explaining key points of: the statute; regulation; Policy Interpretation; Policy Clarification; scholarship guidance; the September 1975 guidance; the coaches’ salaries enforcement guidance; and summaries (but no text) of the 1990 Investigator’s Manual and a clarification of test three of the three-part test – which was issued in 2005 and rescinded in 2010 – are provided on this website.
The 1979 Intercollegiate Athletics Policy Interpretation is the major source for specific requirements for athletics programs interpreting the Title IX regulation in addressing 13 athletics program components, in effect: (1) the accommodation of interests and abilities (three-part test); (2) athletic scholarships; (3) equipment and supplies; (4) scheduling of games and practice times; (5) travel and per diem allowances; (6) tutoring; (7) coaching; (8) locker rooms, practice and competitive facilities; (9) medical and training services; (10) housing and dining facilities and services; (11) publicity; (12) support services; and (13) recruitment of student-athletes. OCR’s 1996 Policy Clarification of the three-part test and 1998 scholarship guidance provide greater specificity for two of the 13 program components. The EEOC’s 1997 guidance explains legal requirements under Title VII of the Civil Rights Act of 1964 and the Equal Pay Act for coaches’ salaries, which are related to the Title IX athletics provisions for a third program component – coaching.