Title IX Turns 50
A Q&A with law professor Tammi Walker
Students socializing outside Old Main.
/ Chris Richards photo
Title IX, the landmark legislation designed to eliminate sex discrimination in education, marked its 50th anniversary on June 23. Though the law has been subject to debate, interpretation and change, Title IX has nonetheless opened doors for women in education and athletics. Tammi Walker, Ph.D., associate professor in the University of Arizona’s James E. Rogers College of Law, shares her perspective on Title IX’s creation, evolution and impact.
Q: Many think of Title IX just in relation to athletics. How does it differ from that perception?
A: Title IX is federal legislation enacted in 1972 that prohibits discrimination based on sex in education. Most think of Title IX as the law that increased opportunities for girls in sports, but it is responsible for much more. The law’s main text has just 37 words, defining neither “sex” nor “discrimination.” Yet Title IX obligates schools that receive federal funding to be free of discrimination based on sex, which can include sexual orientation and gender identity.
Title IX encompasses protection against unequal treatment in recruitment, admissions, financial assistance, athletics and discipline as well as sex-based employment discrimination and sexual misconduct. Institutions failing to comply with Title IX can lose federal funding, including the ability to receive student loans, research grants and more.
Q: Has Title IX evolved over the years?
A: Title IX has changed significantly, but not in the way you may think. The 37 words have virtually remained, but the meaning has undergone a metamorphosis. Judicial interpretation plus instruction and guidance from the federal agency responsible for enforcing Title IX explain the changes in scope. For example, agency regulations issued in 1975 clarified that Title IX extended to athletic participation even though there is no reference to “athletics” in the main text. Similarly, Title IX’s language regarding whether private individuals could sue to enforce its regulations was unclear. Nevertheless, in 1979 the U.S. Supreme Court determined that Title IX implied such a right. Likewise, the court paved the way for victims of sexual harassment to receive monetary damages from schools in a decision made 20 years after Title IX’s passage.
Tammi Walker
/ College of Law photo
Q: Have recent administrations continued to alter its interpretation?
A: The most dramatic changes have taken place within the past few years. The Department of Education’s Office for Civil Rights provides guidance and enforces Title IX. Under President Obama, the OCR obligated schools to adopt procedures emphasizing transparency and the due process rights of students. Possible Title IX violations that the OCR investigated rose from 55 in May 2014 to 496 in 2017.
President Trump’s education secretary, Betsy DeVos, proposed regulations that arguably narrow the scope of behavior Title IX can address. President Biden took office just eight months after the regulations’ announcement. Biden called for new guidance and has begun the process of making yet more changes. They have not been made public but likely include protections based on sexual orientation and gender identity.
Q: Fifty years in, what has Title IX’s impact been?
A: Describing the effects of Title IX feels like trying to prove a negative. It is impossible to characterize all the outcomes we see and don’t. But I can explain the intent of the law: Title IX was an effort to close a gap after the 1964 Civil Rights Act. Drafted by Rep. Edith Green (D-Ore.), its focus was to eliminate barriers for women in postsecondary education. Specifically, Green wanted to end quotas limiting women’s admission to law and medical schools. When the bill was introduced in the Senate, Sen. Birch Bayh (D-Ind.) clarified that “our national policy should prohibit sex discrimination at all levels of education.”
Opportunities for women to participate in sports have undoubtedly increased over the past 50 years. Nevertheless, Title IX does not require parity. Few collegiate athletic directors are women, and most football, basketball and baseball coaches are men. Since the 1990s, most bachelor’s degrees have been awarded to women. Yet women with bachelor’s degrees earn 74 cents on the dollar compared to men with the same degree. Women outnumber men in medical, law and graduate school. However, few women hold leadership roles within these professions. Perhaps we should ask whether Title IX, as the primary federal legislation to address gender equality in education, has gone far enough.