Running head: TITLE IX1 The Effectiveness of Title IX Erin Moran Naperville Central High School TITLE IX 2 The Effectiveness of Title IX Introduction Sports have always been America’s favorite pastime. Whether it be watching on television or physically playing them growing up, the majority of society has watched or participated in sports in their life. Throughout history, gender inequality in sports has decreased and typically is no longer a legal issue in America, however, there is still discrimination against females playing sports. Title IX is the federal law that creates equal opportunities for any individual wanting to participate in a sport no matter their gender. Although this was amended in 1972, there continues to be sources of injustice throughout athletic institutions in America. The purpose of this investigation is to answer the primary research question: Why has Title IX not been an effective way to enforce gender equality in sports? This researcher hypothesizes that the law has not been effective because of the neglect of the emotional, physical, and financial discrimination of female sports. Review of Literature Background of Title IX Law In 1972, Richard Nixon signed the Educational Amendments Act that was made famous for Title IX of it. The Women’s Sports Foundation states (2011) that Title IX “prohibits sex discrimination in any educational program or activity receiving any type of federal financial aid” (p. 1). Before 1972, women did not have the government backing the wanted opportunities up. Women were forced to sit on the sidelines and not experience first hand America’s culture. When the law was amended, it brought a hope to females, young and old. Conservative females, mostly the older generation in the 70’s, did not participate in the opportunity. However, the law TITLE IX 3 was to give civil rights to females. As the civil rights movement focusing on racial issues was coming to an end around this time, women wanted their equality too. As it was exciting and many “Title IX babies” were born into the sports world, the neglect for true equality was also born. There is no system to this date that has substantially been able prevent gender discrimination. High School Any institution that receives federal funding is under the law amended in 1972. Research shows that high schools are violating parts of Title IX. Although there are some schools that illegally hide this problem, most schools are compliant of the equal number of sports/ opportunities. However, the violation occurs with the emotional discrimination. Whether it be booster clubs focusing their money on singular sports or it be the school acknowledging singular sports for the accomplishments, these are violations. A researcher recognizes that in schools there is direct discrimination through social media. A school sponsored group only show support to the football team (the popular sport in society) and not every sport. This is only giving one sport the opportunity. This is discrimination and in most schools is acknowledged and fixed. Female Professional Athletes There is no research needed to show that women sports are incredibly under appreciated. It’s obvious. Title IX is supposed to have a positive impact that should equalize the importance of women’s sports. However, it is clear that female sports are at a lower level than male sports in the aspect of appreciation. For example, the WNBA, or Women’s National Basketball Association, is very much underrated. Berri for Vice Sports stated that the gap between professional basketball salaries “is estimated to be 0.78—that is, a woman is paid 78 cents for TITLE IX 4 every dollar paid to a man doing the same work” (p.1). It makes sense if the NBA makes more money than they should be paid more. However, the reason they create more revenue is the fact that American society discriminates against females. They aren’t treated with the amount of respect their athletic level deserves. Society thinks that women are not capable of being strong. That is how the older generation was born and raised! A lot of professional athletes play overseas in national leagues that they make a lot more money and are appreciated a ton more. This shows that American society is not successful. Title IX is not effective here. College Athletic Departments Title IX has affected college athletic departments in positive and negative ways. Numerous colleges have been caught in sexual assault cases that have led to Title IX making or breaking the outcome. If the colleges are in compliance with the law, they have leverage against any attempt at convicting them of violating Title IX. The federal government is supposed to keep athletic departments in check of following all rules, however somehow there continues to be problems. Through the years because of these problems, sexual harassment has been placed under Title IX issues because of how the courts have dealt with them in the past. Baylor University has experienced the backlash of Title IX in full swing plenty of times in the past few years. Three football players have been convicted of rape in the past year. This not only gives a bad image for the college, but it puts the athletics under a microscope to see how they handle it and if they are successfully fulfilling the equal aspects of Title IX. Reagan writes in the Wall Street Journal (2016) that, “Baylor is also fighting a number of Title IX lawsuits by victims alleging that the school failed to adequately investigate alleged sexual assaults against them” (p.1). If controversies like these continue to occur without the problem being fixed, Title IX will TITLE IX 5 continue to lose effectiveness. Gender equality can’t be shown through in colleges because athletic departments manipulate the system to not violate codes. Men’s Sports Although the law sparked an 800% increase in participation in girl’s high school sports from 1972 to present day, this has not been successful for all aspects of high school athletics. In the efforts to bring civil rights to the female gender, males have lost a lot of what they typically were used to getting. The law forces the number of programs to be equal. An article from Current Events (2012) acknowledges that “Twenty-three years ago, there were 107 men's gymnastic teams. Now there are 20” (p.3). If both men and women are not satisfied with the law, there should be a change. Although hypothetically no one will ever be satisfied, there should be a compromise. With the massive decrease in male athlete’s opportunities due to enforcing the law, the whole point of the act is contradicting itself. It is not fair for boy’s wrestling, gymnastics, etc. to be cut because there are less girl sports. Higher money-making sports like football and basketball are never threatened because the money will always put them on a higher level. In particular, wrestling coaches and wrestlers are furious with the condition of Title IX and many have filed a lawsuit in hopes of overturning the amendment. Annexstein from National Voter(2003) quotes Leo Kocher, a college wrestling coach, stating "I think I'm trying to enforce Title IX, because it says don't discriminate on the basis of sex. Well, when you're telling males to clean out their lockers because they're male.... boy, if that's not discrimination on the basis of sex, I don't know what is" (p.2). This statement is incredibly important. When did it become okay to allow women’s sports above men’s? This shows that Title IX is not being enforced in the correct way it should be. The basis of the law is to not discriminate against due to gender. It does TITLE IX 6 not say don’t discriminate against females. Male sports should be protected just as much as female sports. Conclusion This research study identifies why Title IX has not been an effective way of enforcing gender equality in sports. Many factors impact the effectiveness because of its complexity. Title IX focuses too much on number of sports. The Title IX advocates do not acknowledge the repercussions risen. Some of these effects include loss of smaller boy’s sports, increase of cases of sexual harassment that are not judged for its true meaning, and overall loss of motivation to appreciate women. This research shows that there needs to be a change in the law because it is not doing the job that it was created for. Title IX was created to give importance to sports no matter the gender. However, the only thing it has brought is more neglect to the majority of athletes. Future Research Future research on this topic should bring more attention to what leaders in athletic departments are supposed to be enforcing but truly aren’t. Finding out the flaws in these systems would be beneficial to get a better understanding as to why Title IX isn’t succeeding. Possible Outcome A possible outcome of this research is that Title IX has declined in success rate. The data shows that Title IX has not been able to give every athlete an equal opportunity to be successful. TITLE IX 7 References Annexstein, L. I. (2003, May-June). Equality is not negotiable--keep title IX intact. (At Issue). National Voter, 52(3), 18. This study references a collegiate soccer team. This data is helpful because it is direct data from a real college team. The major focus of this piece of data is provide quantitative data about the population of certain groups pertaining to the subject at hand. Berri, D. (2015, August 12). Basketball's Gender Wage Gap Is Even Worse Than You Think | VICE Sports. This study refers to the exact salaries of both genders of professional basketball players. This is beneficial because it shows the large gap. This is good data to use because it is direct inequality. BRYJAK, G. J. (2000, July). THE ONGOING CONTROVERSY OVER TITLE IX. USA Today, 129(2662), 62. This study provides data of the major controversies between the government and athletic institutions. This data is extremely beneficial because it focuses on the government aspect of things. Data regarding the Supreme Court is a part of this study and refers to the Reagan administration. This is helpful in finding background about the implications of the law. Bush, M. A. (2005, September-October). Karen Blumenthal: Let Me Play: The Story of Title IX, the Law That Changed the Future of Girls in America. The Horn Book Magazine, 81(5), 597+. TITLE IX 8 This study written by Bush has citations from the original Title IX implicated in 1972. This also includes data about the political aspect of the law. This is important because the background info benefits the reader with needed knowledge to understand the importance. Fair game? The battle over Title IX. (2003, January 24). Current Events, a Weekly Reader publication, 102(16), 1+. This study focuses on young females opinions. This is beneficial to see the girl’s feelings toward discrimination and miss opportunities in sports. Gavora, J. "How Title IX Became a Political Weapon." Wall Street Journal. 2015, June 08 This study provides information regarding how the government sees issues in the court of law. This is very important because people are able to manipulate the system. This article explains how this is controversy and what led to them being able to manipulate the law of Title IX. Gersen, J. E. "How the Feds Use Title IX To Bully Universities." Wall Street Journal. 2016, January 25: A13. Similar to the previous study, this study provides information regarding how the government sees issues. However, this study focuses on how colleges manipulate sexual harassment cases with Title IX. This study focuses on Baylor University and the problems regarding sexual assault cases that have happened recently. History of Title IX - Women's Sports Foundation. (2011, September 13). Retrieved November 20, 2016. TITLE IX 9 Justices Hear Case on Title IX Retaliation; Court Appears Divided on Whether Law Permits Alabama Coach's Claim. (2004, December 8). Education Week, 24(15), 24. KWON, A. (2004). Title IX and Girls' Sports. In P. S. Fass (Ed.), Encyclopedia of Children and Childhood: In History and Society (Vol. 3, pp. 834-835). New York: Macmillan Reference USA. Myers, M. "High School Football 'Still the King'." McClatchy - Tribune Business News. 2016, October 09 Reagan, B. "Baylor Under Investigation for Possible Title IX Violations; Disclosure marks escalation of sexual-assault scandal that has resulted in termination of university's football coach and president." Wall Street Journal (Online). 2016, October 19 Stepzinski, T. "Civil rights champion/Olympic gold medalist advocates to level the playing field for girls and women." McClatchy - Tribune Business News. 2016, July 10 Tarkan, L. (1995, September). Unequal opportunity. Women's Sports and Fitness, 17(6), 25+. Taylor, K. R. (2002, April 01). Are all things equal at your school?. Leadership for Student Activities, (8), 29.