Memorandum on Law and Gender in College AthleticsThis article addresses suggested changes to Title IX of the Education Act of 1974 and the interpretation of Title IX. The changes discussed are (1) a change to the method of funding college-supported teams, (2) abolishing the designation of "men's sports" and "women's sports" and replacing them with the term and concept of "participating sports", and (3) the inclusion of intersex and transgender/transsexual participants. Title IX of the Education Amendments of 1972 (20 USC § 1681 (1988)) provides that: No person...shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in 'scope of any educational program or activity [other than those specifically described in the law] receiving federal financial assistance....A suggested change to the college-supported team funding method.One One of the major problems with implementing the Title IX by public colleges and universities (and even private colleges and universities that receive any form of public funding, such as student financial aid) is to make men's and women's sports appear on equal footing. The need to provide resources and participation opportunities for students of both genders, based on a gender-defined percentage divided by the total number of students attending school, has proven difficult. With sports like soccer taking up a disproportionate share of the sports budget, it is difficult to have the funds needed to match the same level of spending for women's sports. This has led to initiatives such as the “NCAA Cost Reduction” program. Under this program, schools eliminated team sports from school offerings to s...... middle of paper ......ral, Title IX of the Education Amendments of 1972 made much to ensure equal opportunities for all student-athletes of both sexes. Interpretation and implementation have often fallen short, requiring colleges and universities to answer for their actions in court. The changes outlined here have the effect of providing a complete gender level playing field for all student athletes. By changing the financing method, the resources available per sport/team become equal. Moving on to “participant” sports terminology, equal access to all sports/teams becomes a reality. Moving on to the “how to play” mentality, all sports are open to all students, athletes or not, ability or not, or desire to participate or not, and restore the fun in sports that record keeping or the count of losses won removes.
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