In Equity Efforts, Where Does Title IX Truly Stand?

The statistics are impressive on the increased participation of women and girls in sports since Title IX became a federal civil rights law that bans sex-based discrimination at any educational entity receiving federal funds. According to research by the Women’s Sports Foundation (WSF), the percentage of women athletes competing on college teams has risen from 15% in 1972 to 44% in the 2020-21 academic year. But despite the increase, few institutions are in Title IX compliance.

Sarah Axelson“We’ve seen through the research that even though we’ve seen exponential growth and participation opportunities, we know that, especially at the high school level, those opportunities are mainly going to suburban white girls,” says Sarah Axelson, vice president of advocacy at the WSF. “We need to make sure that we extend opportunities to participate in sports to all kids because we know the benefits that sports provide. We want to make sure that everyone has access regardless of race, socioeconomic status, location, or zip code.”

Title IX impacts not only athletics, but it affects sexual misconduct policies on college and university campuses. There were rollbacks on protections for victims during the Trump administration that are being addressed and possibly rectified by the Biden administration, but thorough safeguards and protections are still not in place at all institutions of higher education.

“The most important part of my job is educating administrators across college campuses on what exactly Title IX means,” says Alexis F. Trumble, associate attorney at Nelson Mullins Riley & Scarborough LLP. In practice, the former collegiate gymnast focuses on aspects of litigation and education law, particularly on federal Title IX compliance. Colleges and universities hire her to review all aspects of their institutions and to identify areas that need improvement.

Title IX is only 37 words. “The interpretations of Title IX over the last 50 years really run the show, except those interpretations are written by and for lawyers,” says Trumble. “The questions I get relate to what Title IX actually means for a boots-on-the-ground college president, general counsel, head coach, [or] athletic trainer, because 37 words are simply too short to cover all of the various areas of education that Title IX touches.”

Athletics

Studies conducted by the WSF and the 2021 Kaplan Hecker & Fink LLP review of the NCAA’s approach to women’s championships documented gross gender inequalities across Divisions I, II, and III. This included a disproportionate number of athletic opportunities for male athletes and a shortfall in investment in women’s athletic programs, including athletic scholarships, recruiting, and coach compensation. The WSF is also researching an increase in noncompliance since the onset of the COVID-19 pandemic.