The Living Law

"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."

The 70s | 80s | 90s | 2000s to present

1972 - TitleIX Enacted

President Richard Nixon signed Title IX of the Education Amendments of 1972  (20 U.S.C. 1681 et seq.) into law on June 23, 1972

1974 - Tower Amendment

Proposed and rejected May 20, 1974.  Senator Tower introduced an amendment to exempt sports that produced gross revenue or donations from Title IX compliance determinations. 120 Cong. Rec. 15,322-15,323 (1974).   Amendment rejected in committee; Javits Amendment was approved instead.

In supporting the Tower Amendment, Sen. Hruska cited a letter from University of Nebraska president D.B. Varner, which questioned women's interest in sports participation.  120 Cong. Rec. 15,340 (1974)

June 20, 1974 - HEW issued draft Title IX regulations

HEW published proposed Title IX regulations in Federal Register for notice and comment.   HEW received more than 10,000 comments (most on athletics)

July 1, 1974 - Javits Amendment enacted

Senator Javits proposed an alternative to the Tower Amendment.  It required that HEW issue Title IX regulations that included "with respect to intercollegiate athletic activities, reasonable provisions considering the nature of particular sports."  Sen.Conf.Rep.No. 1026, 93rd Cong., 2nd Sess. 4271 (1974)

1974 First Title IX complaints

First Title IX athletics complaints filed with OCR against University of Michigan, University of Wisconsin, and University of Minnesota-Twin Cities

May 27, 1975 - HEW issued Title IX regulations

President Ford signed Title IX regulations

June 4, 1975 - HEW submitted Title IX regulations to Congress.

40 Fed. Reg. 24128 (1975).

July 21, 1975 - The Title IX regulations were "set" to become effective as law.

Unless the Senate and House adopted concurrent resolutions to disapprove them.  Several attempts to disapprove the regulations - and even Title IX itself - failed.

At the time, HEW's final education regulations were subject to congressional review under 431 of the General Education Provision Act.  Congress could reject them within 45 days of their issuance by enacting a concurrent resolution.  The act was later deemed unconstitutional in 1980.

June 5, 1975 - Sen. Helms submitted S.Con.Res. 46 to disapprove the regulations in their entirety. 

Died in committee.  121 Cong. Rec. 17,300 (1975)

June 17, 1975 - Rep. Martin submitted H.Con.Res. 310 to disapprove the regulations in their entirety. 

Died in committee.  121 Cong. Rec. 19,209 (1975)

June 17, 1975 - Rep. Martin submitted H.Con.Res. 311 to disapprove the athletics regulations. 

Died in committee.  121 Cong.Rec. 19,209 (1975)

July 8, 1975 - Rep. O'Hara submitted H.Con.Res. 330 to disapprove the Title IX regulations.

RE: self-evaluation, adoption of grievance procedures, and maintenance of records.  Unanimously rejected in committee.  121 Cong.Rec. (1975). 

July 16, 1975 - Sens. Laxalt, Curtis, & Fannin submitted S.Con.Res. 52 to disapprove Title IX athletics regulations.

Died in committee. 121 Cong.Rec. 22,940  (1975)

"Sex Discrimination Regulations," Hearings Before the House Subcommittee on Post-Secondary Education of the Committee on Education and Labor, 94th Cong., 1st Sess. , June 17-26, 1975.

Hearings on H.Con.Res. 330 (Title IX Regulation), Hearings Before the House Subcommittee on Equal Opportunities of the Committee on Education and Labor, 94th Cong., 1st Sess., July 14, 1975.  The subcommittee unanimously recommended to the full committee that it reject the resolution.
1975 Bills to change Title IX died in committee Title IX opponents used the debates over the Title IX regulations to try to change Title IX itself. 

July 8, 1975 - Rep. O'Hara introduced H.R. 8394 & 8395 regarding the use of sports revenues.

Bills would have allowed schools to use money earned from revenue- producing sports only on that sport or first on that sport, regardless of  inequities.  Bills were reported to the full committee on 12-6 vote.   Died in full committee.  121 Cong.Rec. 21,685 (1975)

July 15, 1975 - Sen. Tower reintroduced his "Tower Amendment" from 1974 as S.2106.   ("Tower II").

The bill would have exempted revenue-producing sports from Title IX.  Died in committee.  121 Cong.Rec. 22,777 (1975)

July 21, 1975 - Sens. Helms, Bartlett, & Hruska introduced S. 2146 to prohibit the application of the Title IX regulations to athletics.

Died/Defeated.

"Prohibition of Sex Discrimination, 1975," Hearings Before the Senate Subcommittee on Education of the Committee on Labor and Public Welfare on S.2106, 94th Cong., 1st Sess., Sept. 16-18, 1975.  Numerous advocates for men's sports testified.

1975 Congressional Almanac 661 et seq.

July 21, 1975 - Title IX regulations became effective!

Title IX regulations became effective as law.  The regulations include provisions re discrimination in athletics.  The regulations gave elementary schools one year and secondary schools and colleges three years to come into compliance.   Originally published at 45 CFR Part 86, now at 34 CFR Part 106.

General athletics regulation: 34 CFR 106.41

Athletic scholarships regulation: 34 CFR 106.37(c )

September, 1975 - HEW Publication: Elimination of Sex Discrimination in Athletics Programs

HEW issued "Elimination of Sex Discrimination in Athletics Programs" to state school officers, superintendents, college and university presidents, and others.  November 11, 1975:  HEW published the guide in Vol. 40 of the Federal Register

1976 Bill to limit Title IX to graduation requirement programs defeated S. 2657

Sen. McClure sponsored an amendment to S. 2657 of the Education Amendments of 1976 that would have limited the meaning of "education program or activity" to "the curriculum or graduation requirements of the institutions."  122 Cong. Rec. 28136 (1976).  Opposition from Sen. Bayh led to rejection of the amendment.

122 Cong. Rec. 28147.

1976 NCAA law suit NCAA filed a law suit to challenge the Title IX athletic regulation. 

No changes.

July, 1976 - Title IX compliance deadline

Title IX compliance deadline for elementary schools

January 31, 1977 - Bill to remove athletics from Title IX died

Sen. Helms re-introduced former S.2146 as S. 535 to again try to prohibit the application of the Title IX regulations to athletics.  Died/Defeated.

July 21, 1978 - Title IX compliance deadline

Compliance deadline for secondary schools, colleges, and universities.  At the time, HEW was investigating nearly 100 complaints of discrimination in athletics.

December, 1978 - HEW issued draft Title IX athletics policy interpretation

HEW issued draft policy interpretation on "Title IX and Intercollegiate Athletics" for notice and comment.  HEW received approximately 700 comments.

December 11, 1979 - HEW issued final Title IX policy interpretation.

44 Fed. Reg. 71413 et seq. (12/11/1979) :   HEW issued final policy interpretation on  "Title IX and Intercollegiate Athletics."   Policy Interpretation details factors to consider in assessing Title IX compliance.

1979 Cannon v. University of Chicago, 441 U.S. 677 (1979)

U.S. Supreme Court held that an implied private right of action exists to enforce Title IX.

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