Breaking Down Barriers - National Women's Law Center

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Additional Points • There is no requirement that schools spend the same amount on male and female athletes, but differences in spending can raise red flags about second-class treatment. • That money is provided by a booster club or other outside funding to support a team is not a defense to disparities in benefits or services. • Provisions addressing coaching and tutoring create two sets of rights: those of the coaches/tutors not to be discriminated against and those of the studentathletes to receive equal quality coaching and tutoring. • Schools must treat males and females equally with respect to recruitment. © 2009 National Women’s Law Center 32
Challenges to Title IX’s Three-Part Test • ARGUMENT: Title IX imposes quotas. • RESPONSE: – The concept of quotas is misplaced in athletics because males and females are not competing for the same slots. Schools decide how many fixed opportunities they will provide to men and women, and the three-part test simply measures whether schools are allocating these opportunities equally. The federal courts have unanimously rejected the quota argument. – There are three separate ways to comply, so schools do not have to, and most don’t, satisfy proportionality. © 2009 National Women’s Law Center 33
Page 1 and 2: Breaking Down Barriers A Legal Guid
Page 3 and 4: Speakers for this Session © 2009 N
Page 5 and 6: Presenter: Neena Chaudhry Senior Co
Page 7 and 8: Survey Question Please share a litt
Page 9 and 10: Remember • The courts are not the
Page 11 and 12: Facts about Title IX and Athletics
Page 13 and 14: ☺ Good News: Female Sports Partic
Page 15 and 16: Legal Principles Governing Title IX
Page 17 and 18: The Scope of Title IX • The Supre
Page 19 and 20: Title IX Athletics Framework • Th
Page 21 and 22: Prong One • There must be a close
Page 23 and 24: Prong Two • A history of program
Page 25 and 26: Assessing Unmet Interest • Under
Page 27 and 28: Assessing a Reasonable Expectation
Page 29 and 30: Athletic Financial Aid • Under Ti
Page 31: Is this a violation? The girls’ s
Page 35 and 36: Remedies in Title IX Athletics Case
Page 37 and 38: Who has Standing to Sue in a Title
Page 39 and 40: Legislative Developments • The Eq
Page 41 and 42: For More Information • About Titl
Page 43: Questions • We will take question

Breaking Down Barriers - National Women's Law Center

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