A history and analysis of sports-related Title IX legislation and litigation from 1972 to 1997

This study recounts the history of sports-related Title IX legislation and cases resolved by OCR and the courts, and identifies issues that have been the most frequent source of dispute in K-12 and postsecondary institutions. Principles for decision making in K-12 and colleges and universities for the development of policy and procedure are identified. This study was designed to incorporate data relative to each case in this area to determine trends in litigation that may affect decision making in developing policy and procedure.;Research reveals that the following guidelines should be adhered to in developing policy and procedure in athletics: recognition of or respect to state athletic association bylaws should be secondary, in terms of influence on decision making, in relation to Title IX regulations and constitutional principles; athletic opportunities for females should not be exclusively limited to non-contact sports in which teams are provided for both sexes; budgetary or financial concerns must be resolved at the exclusive expense of opportunities for males; non-discriminatory criteria for determining whether additional athletic teams for females should be added should be established and documented prior to initiating the addition of teams; equality in opportunity for athletes of both sexes should be the primary factor in decision making related to compensation of coaches, and institutions should insure that no disparities in athletic opportunities for members of both sexes are created or maintained by unequal allocation of resources.;Flawed policy, or the absence of policy relative to Title IX, may be the source of costly, embarrassing, and time consuming litigation or inquiry into a school system or individual institution's practices or approach to athletics. In today's litigious society, general school or athletic administrators can no longer take a traditional or common sense approach to how athletic programs are operated, specifically in the area of gender equity. Administrators must be aware of Title IX laws and regulations, the manner in which they are interpreted in the courts, and how they are litigated with respect to constitutional principles.