Breaking Down Barriers - National Women's Law Center

Proof of Intent in Title IX
Athletics Cases
• Due to the sex-segregated nature of sports
programs, any differing treatment of
men’s and women’s teams by an
educational institution constitutes
intentional discrimination.
• Intent under the law means a defendant’s
intent to treat men and women differently,
regardless of defendant’s subjective
motive or ignorance of the law. There is
no requirement to show animus, malice or
any other evidence of motive.
© 2009 National Women’s Law Center 38