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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), written by Office for Civil Rights staff, also has the force of law and provides greater specificity. The Office for Civil Rights (OCR) of the U.S. Department of Education has nationwide enforcement authority for Title IX. 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 for athletics programs. 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 (1988). 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the 1990 Investigator’s Manual and a clarification of test three of the three-part test – which was issued in 2005 and rescinded in 2010 – are provided on this website.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: (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.

Significant changes were made to the Title IX regulation in 2020. However, there have been indications that these changes might be rescinded, although any rescission could require as long as two years to implement. Thus, a summary and full text of the Title IX regulation are provided inclusive of the 2020 changes and prior to the 2020 changes.

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