More Living Law from the 90's
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance."
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April 2, 1990 - Title IX Investigators' Manual
OCR updated and finalized its Title IX Investigators' Manual.
February 2, 1992 - Franklin v. Gwinnett County Public Schools
U.S. Supreme Court decision held that Title IX plaintiffs are entitled to receive monetary damages for intentional discrimination, 503 U.S. 60 (1992).
1992 NCAA Gender Equity Study
NCAA published gender equity study re Title IX compliance at its member schools.
September, 1993 - Equity in Athletics Disclosure Act
Proposed in Senate as S. 1468 by Sen. Mosley-Braun
Proposed in House as H.R. 921 by Rep. Collins
1993 Roberts v. Colorado State University
United States Court of Appeals for the Tenth Circuit orders CSU to reinstate women's softball team and to treat it equitably, 998 F.2d 824 (10th Cir. 1993).
1993-1994 Kelley v. University of Illinois
United States Court of Appeals for the Seventh Circuit held that cutting men's athletic teams did not violate Title IX or U.S. Constitution's Equal Protection Clause, 35 F.3d 265 (7th Cir. 1994).
1994 Equity in Athletics Disclosure Act
Congress passed the Equity in Athletics Disclosure Act (EADA) which requires coeducational institutions of higher education that receive federal student aid and that have intercollegiate athletic programs to annually disclose extensive information about those athletic programs. Many of the disclosures track the Title IX regulations. The first annual reporting date was October 1, 1996. 20 USC 1092 (g)
See also 34 CFR 668.41 -- 668.48, 60 Fed. Reg. 61424 et seq. (Nov. 29, 1995), and 64 Fed. Reg. 43582, 43588 et seq. (Aug. 10, 1999)
May 9, 1995 - House Title IX hearing
Rep. Hastert's complaints about Title IX prompted hearings in the House's Committee on Economic and Educational Opportunities, Subcommittee on Post-Secondary Education, Training, and Lifelong Learning . No changes were made as a result of these hearings
In testimony, Asst. Secretary for OCR Norma Cantu testified that of the 456 OCR cases since 1989, none resulted in the dropping any men's athletic team
June 30, 1995 - Complaint on TitleIX Athletic Opportunities
Rep. Hastert letter to Norma Cantu complaining Title IX athletic participation opportunities policies; no policy changes resulted
July 27, 1995 - Dept. of Education's Appropriations Act of 1996
Rep. Porter proposed H.R. 2127 relating to the 1996 appropriations for the Dept. of Education. Rep. Hastert submitted an amendment (after bill went through committee) that forbid OCR from using funds to enforce Title IX re equal opportunity in athletic participation against colleges and universities until OCR provided more "specific guidance." No changes resulted.
September 20, 1995 - Draft OCR Title IX Clarification
OCR issued draft "Clarification of Intercollegiate Athletics Policy Guidance: The Three-Part Test" to explain 1979 Policy Interpretation re equal opportunity in athletic participation.
October 18, 1995 - Senate Title IX hearing
Senate Commerce Committee hearing on Title IX. Main witnesses were Rep. Hastert and DOE Asst. Secretary for OCR Norma Cantu. No congressional or regulatory changes made.
1995-1996 Cohen v. Brown University
United States Court of Appeals for the First Circuit rejects Brown University's challenge to Title IX's athletics participation test and orders University to reinstate two demoted women's teams, 101 F.3d 155 (1st Cir. 1996).
January 16, 1996 - OCR Title IX Clarification
OCR issued final clarification of the three-part "effective accommodation test" first set forth in the 1979 Policy Interpretation. No congressional or regulatory changes made.
October 1, 1996 - First EADA reports due
Due date for colleges and universities to make their first EADA disclosures.
March 13, 1997 - OCR policy guidance on sexual harassment
OCR issued "Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties." 62 Fed. Reg. 12034 et seq.
March 13, 1997 - OCR policy guidance on sexual harassment
OCR issued "Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties." 62 Fed. Reg. 12034 et seq.
1998 OCR Athletic Scholarships Policy
1998 - Davis v. Monroe County Board of Education
Supreme Court held that students can sue for student-on-student sexual harassment under Title IX and schools are liable for money damages if: (1) the harassment is so severe, pervasive, and offensive that it interferes with the victim's educational environment; and (2) the school knows about the harassment and its response is clearly unreasonable under the circumstances.
July 23, 1998 - OCR explained the Title IX requirements
OCR explained the Title IX requirements for the equitable allocation of athletic scholarships in a letter to Bowling Green State University. The letter indicates that the distribution of athletic scholarships should be substantially proportionate to the allocation of athletic participation opportunities (i.e., if men have 55% of the athletic participation opportunities, then they should have within 1% or one full scholarship of 55% of the total athletic scholarship allocation)
More TitleIX Living Law in the 2000's to present >>