Title IX: The Story of a Provision in Need of Reform

Benjamin J. Adams, Albany Law School

Abstract

Title IX has come a long way in its goal to provide opportunity for women. The spirit and goal of the law are still a proper and desirable outcome; however, there must be some evolution to the application of Title IX to collegiate athletics.

There is no doubt that the framers nor even proponents of Title IX, who would like to further advance female opportunities in sports, believe that men’s programs or athletes should be harmed. As Arizona State University associate athletic director Dawn Rogers theorized, “[t]hat’s a shortfall of the law. It’s about providing opportunities, not taking away from one group to keep up with another.”

The strains on college athletics must be loosened, in order to ensure that Title IX does not amount to the exact opposite of its intention, denying opportunities to some, while creating a ‘gender-war’. Title IX implementation has reached a pinnacle moment in its value to society. Alumni of institutions will not allow for the revenue producing sports to be eliminated. Young men are being hurt by the elimination of their sport, and even in the most extreme cases, women are being taken advantage of to simply fill a quota like number for the appearance of compliance. Something must be done, and with the Judiciary’s stubbornness to take action, it seems that the legislature or potentially even the Office of Civil rights must take action.