This year marks the 50th anniversary of Title IX, one of most significant pieces of legislation against sex-based discrimination in the history of the United States. The U.S. Congress passed the law in June 1972. Democratic U.S. Rep. Patsy Mink, the first Asian American woman to serve in Congress, was the bill’s lead author and sponsor.
The law targeted all education programs and activities receiving federal funding and mandated that they must protect students and employees from sex-based discrimination. Title IX of the Education Amendments of 1972 was signed into law by President Richard M. Nixon. Though neutral in language, when Nixon signed Title IX into law 50 years ago, its aim was to balance men and women's access to education.
This landmark legislation prohibited sex discrimination in all education programs and activities that received federal funds. “Title IX is probably the most important law passed for women and girls in Congress since women obtained the right to vote in 1920,” explained Bernice Sandler, a staunch women’s rights activist known as the “Godmother of Title IX” for her role in creating the legislation.
The law states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”
While Title IX is certainly best known for its effect on schools’ athletics programs—its effect has been inarguably profound both within and beyond athletics programs. Any institution that receives federal funding must have Title IX policies and practice in place that not only allow participation on paper, but actually protect individuals’ ability to participate, for example, by having policies to address sexual misconduct that might interfere with full access to the educational experience. To ensure proper application of these policies, institutions must also have a Title IX coordinator. That coordinator and their contact information should be easily accessible by all. A school’s Title IX policy is required to be posted on the institution’s website along with the name, office address, and contact information of the Title IX coordinator. At the University of Miami, all this information can be found on the Title IX website.
Then—On the field
Prior to the implementation of Title IX, the NCAA did not hold championships for women’s sports. Instead, women’s athletics were administered by the AIAW (Association for Intercollegiate Athletics for Women) until the NCAA began sponsoring championships in 1982. If you follow any sporting news, it is likely that you have already observed the many ways in which the Title IX anniversary is being recognized on the field. During Super Bowl LVI, the legacy of Title IX Tennis legend Billie Jean King kicked off the game with the honorary coin toss, which carried a special symbolism this year.
Women's opportunities for competitive physical activity were limited in the U.S. until Title IX became law. Although Title IX’s language says nothing specifically about athletics, the Department of Health, Education, and Welfare determined that because educational institutions receive federal funding, all aspects of the school’s operations were covered by Title IX, including sports.
In the case of athletics, Title IX is most known for equal participation in sports programs. While it does not require identical sports, it does require that both male and female student-athletes have equal opportunity to participate in sports programs. It also requires that an equal amount of scholarship dollars be awarded. Other important provisions include equal treatment when it comes to training facilities and times, equipment, coaching, and any other support provided to sports programs.
Now—Off the field
Beyond its very significant impact on the athletics world, Title IX provides important protections which are not limited to athletics. On May 6, 2020, the U.S. Department of Education (DOE) released the much-awaited final regulations overhauling how school disciplinary matters involving sexual harassment—including sexual assault—must be handled under Title IX. These regulations, which took effect on Aug. 14, 2020, were the first of their kind under Title IX. These regulations replaced several guidance documents which did not have the same legally binding effect as the new rules.
The University’s Title IX Office works to ensure that students and employees are protected from sex-based discrimination in all aspects of their education, employment, recruitment, admissions, counseling, financial assistance, and athletics. Sex-based discrimination includes sexual assault and other forms of sexual violence; treatment of pregnant and parenting students; discipline; equal access to classes and activities; and treatment of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals.
In conclusion, as we commemorate this important anniversary, it is important to understand that in many ways Title IX is still evolving. As the DOE continues to provide guidance and set legislative obligations relating to Title IX, it is important to stay tuned. In December 2021, the DOE announced plans to release proposed changes in April 2022 to Title IX regulations for handling allegations of sexual misconduct. When these are announced, we will keep the University of Miami community informed.
Visit the University’s Title IX website for the latest information on policy developments and/or to report sexual misconduct or gender discrimination.
Beverly Pruitt is the Title IX coordinator and assistant vice president for workplace equity and inclusion at the University of Miami.
