Misplaced Pages

Tower Amendment

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

The Tower Amendment was a 1974 proposed amendment to the United States Securities Exchange Act of 1934 , named after Texas Republican Senator John Tower , who introduced it. The Tower Amendment was intended to modify Title IX .

#235764

88-596: The Tower Amendment, introduced in the United States Senate in 1974, was a bill meant to restrict the power of Title IX, which was signed into law by former President Richard Nixon on June 23, 1972. Title IX states that "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" and

176-478: A gender quota to enforce Title IX in high school sports would put those young athletes at risk of losing their opportunity to play." High school participation rates from the National Federation of High School associations report that in 2010–11, there were 4,494,406 boys and 3,173,549 girls participating in high school athletics. In a 2007 study of athletic opportunities at NCAA institutions

264-423: A 'man's place' on a woman stems from such stereotyped notions. But the facts contradict these myths about the 'weaker sex' and it is time to change our operating assumptions." He continued: "While the impact of this amendment would be far-reaching, it is not a panacea. It is, however, an important first step in the effort to provide for the women of America something that is rightfully theirs—an equal chance to attend

352-448: A biography of Hillary Rodham Clinton , and followed Clinton through her 2016 presidential campaign; Blumenthal had to hastily rewrite the ending of the book when it became clear that Clinton had not won the election. She taught journalism with her husband at Duke University and Texas Christian University . She began writing young-adult novels in 2016. Blumenthal’s work has been awarded: Her article: Grande Expectations: A Year in

440-403: A declaratory judgment that its policy interpreting Title IX's requirement for equity in participation opportunities is limited to colleges and universities. The American Sports Council argued that "The three-part test and its encouragement of quotas, has no relevance to high schools or high-school sports, and no federal regulation or interpretation has ever said that high schools must abide by

528-405: A fellow Amherst student and described how her life was affected by the experience; she stated that the perpetrator harassed her at the only dining hall, that her academic performance was negatively affected, and that, when she sought support, the administration coerced her into taking the blame for her experience and ultimately institutionalized her and pressured her to drop out. The fact that such

616-501: A large increase in the number of women participating in athletics at both the high school and college level. The number of women in high school sports had increased by a factor of nine, while the number of women in college sports had increased by more than 450%. A 2008 study of intercollegiate athletics showed that women's collegiate sports have grown to 9,101 teams, or 8.65 per school. The five most frequently offered college sports for women are in order: (1) Basketball, 98.8% of schools have

704-579: A memo issued by the Department of Health and Human Services that would propose a strict definition of gender for Title IX, using the person's sex as determined at birth and could not be changed, effectively limiting recognition of transgender students and potentially others. The memo stated that the government needed to define gender "on a biological basis that is clear, grounded in science, objective and administrable". The news brought immediate protests in several locations as well as online social media under

792-654: A more transparent government. What is the difference between a government and the Amherst College campus? Why can't we know what is happening on campus? Why should we be quiet about sexual assault?" When the Amherst case reached national attention, Annie E. Clark and Andrea Pino , two women who were allegedly sexually assaulted at the University of North Carolina at Chapel Hill connected with Epifano, Brodsky, and Yale Law School student Dana Bolger to address

880-465: A notable example of its success was Bernice Sandler , who used the executive order to retain her job and tenure at the University of Maryland . She used university statistics to show how female employment at the university had plummeted as qualified women were replaced by men. Sandler then brought her complaints to the Department of Labor 's Office for Federal Fair Contracts Compliance , where she

968-502: A prestigious institution could have such a noxious interior fills me with intense remorse mixed with sour distaste. I am sickened by the Administration's attempts to cover up survivors' stories, cook their books to discount rapes, pretend that withdrawals never occur, quell attempts at change, and sweep sexual assaults under a rug. When politicians cover up affairs or scandals the masses often rise in angry protestations and call for

SECTION 10

#1732779837236

1056-496: A provision found in the original/revised ERA bill as an amendment which would become Title IX. In his remarks on the Senate Floor, Bayh stated, "we are all familiar with the stereotype [that] women [are] pretty things who go to college to find a husband, [and who] go on to graduate school because they want a more interesting husband, and finally marry, have children, and never work again. The desire of many schools not to waste

1144-606: A recipient generally must treat transgender, or gender non-conforming, consistent with their gender identity in all aspects of the planning, implementation, enrollment, operation, and evaluation of single-sex classes." However, starting in 2017 with the Trump administration , several of these policies have been rolled back. In February 2017, the Departments of Justice and Education (headed by Attorney General Jeff Sessions and Education Secretary Betsy DeVos , respectively) withdrew

1232-497: A school's educational system. In the late 1970s, a group of students and one faculty member sued Yale University for its failure to curtail sexual harassment on campus, especially by male faculty. This case, Alexander v. Yale , was the first to use Title IX to argue and establish that the sexual harassment of female students can be considered illegal sex discrimination. The plaintiffs in the case alleged rape, fondling, and offers of higher grades for sex by several Yale faculty. Some of

1320-411: A sexually hostile environment and has failed to adequately respond to sexual harassment concerns." In October 2012, an Amherst College student, Angie Epifano , wrote an explicit, personal account of her alleged sexual assault and the ensuing "appalling treatment" she received when coming forward to seek support from the college's administration. In the narrative, Epifano alleged that she was raped by

1408-447: A similar fate. As journalist Karen Blumenthal wrote, "These sports, mainly football and basketball, had huge budgets already established for men, which coaches wanted untouched by other programs, especially women's programs. But, as Blumenthal added, "How could the balance even be if the 105 spots on a football team at the time--and the 105 athletic scholarships that went along with them--didn't count at all"? Some senators believed that

1496-679: A sports-equity law, rather than an anti-discrimination, civil rights law. While Title IX is best known for its impact on high school and collegiate athletics , the original statute made no explicit mention of sports. The United States Supreme Court also issued decisions in the 1980s and 1990s, making clear that sexual harassment and assault is a form of sex discrimination. In 2011, President Barack Obama issued guidance reminding schools of their obligation to redress sexual assaults as civil rights matters under Title IX. Obama also issued guidance clarifying Title IX protections for LGBT students through Dear Colleague letters. The precursor to Title IX

1584-541: A team; (2) Volleyball, 95.7%; (3) Soccer, 92.0%; (4) Cross Country; 90.8%, and (5) Softball; 89.2%. The lowest rank for female sports teams is bowling. The exact percentage is not known; however, there are only around 600 students on women's bowling teams in all three divisions in the NCAA. There have been concerns and claims that the current interpretation of Title IX by the Office for Civil Rights (OCR) has resulted in

1672-467: A transgender boy, for instance, is allowed entry to a boys-only class, and a student who identifies as a transgender girl is allowed entry to a girls-only class. This also applies to academic records if that student is over the age of eighteen at a university. The memo states in part that "[a]ll students, including transgender students, or students who do not conform to sex stereotypes, are protected from sex-based discrimination under Title IX. Under Title IX,

1760-455: A violation of Title IX. It stated that Connecticut's policy "denied female student-athletes athletic benefits and opportunities, including advancing to the finals in events, higher-level competitions, awards, medals, recognition, and the possibility of greater visibility to colleges and other benefits." On March 8, 2021, President Joe Biden issued Executive Order 14021 entitled "Guaranteeing an Educational Environment Free From Discrimination on

1848-622: Is brief. U.S. President Nixon therefore directed the Department of Health, Education and Welfare (HEW) to publish regulations clarifying the law's application. In 1974, U.S. Senator John Tower introduced the Tower Amendment which would have exempted revenue-producing sports from Title IX compliance. Later that year, Congress rejected the Tower Amendment and passed an amendment proposed by U.S. Senator Jacob Javits directing HEW to include "reasonable provisions considering

SECTION 20

#1732779837236

1936-563: Is cited as the reason for these cuts. Wrestling historically was the most frequently dropped sport, but other men's sports later overtook the lead. According to the NCAA, the most-dropped men's sports between 1987 and 2002 were as follows: Additionally, eight NCAA sports—all men's sports—were sponsored by fewer Division I schools in 2020 than in 1990, despite the D-I membership having increased by nearly 60 schools during that period. A 2023 study found, however, that when men's sports were cut,

2024-503: Is the opening of the text of Title IX, which is followed by several exceptions and clarifications: 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. Title IX was enacted as a follow-up to the passage of the Civil Rights Act of 1964 . The 1964 Act

2112-484: Is tied to Title IX which was passed in response to the U.S. Supreme Court's 1984 ruling Grove City College v. Bell . The Court held that Title IX applied only to those programs receiving direct federal aid. This case was initially reached by the Supreme Court when Grove City College disagreed with the Department of Education's assertion that it was required to comply with Title IX. Grove City College

2200-572: Is to oversee that Title IX is not being violated and to answer all questions pertaining to Title IX. Everyone must have access to the Title IX coordinator's name, address, and telephone number. To ensure compliance with Title IX, programs of both male and females must display no discrimination. This applies to opportunities for athletic participation (in proportion to enrollment numbers), scholarships, and how athletes are treated (e.g., equitable locker room facilities, etc.). Title IX's statutory language

2288-460: The Department of Education can impose a fine and potentially deny further institutional access to federal funds. However, critics and later the Department of Education noted that this change was adopted without a rulemaking process to provide public notice and comment. On March 15, 2011, Yale undergraduate student and alleged sexual violence survivor Alexandra Brodsky filed a Title IX complaint along with fifteen fellow students alleging Yale "has

2376-666: The Department of Education 's Office for Civil Rights , "The sexual harassment of students, including sexual violence, interferes with students' right to receive an education free from discrimination and, in the case of sexual violence, is a crime." The letter, referred to as the "Dear Colleague Letter", states that it is the responsibility of institutions of higher education "to take immediate and effective steps to end sexual harassment and sexual violence." The letter illustrates multiple examples of Title IX requirements as they relate to sexual violence and makes clear that, should an institution fail to fulfill its responsibilities under Title IX,

2464-416: The Department of Education . In 2006, a federal court found that there was sufficient evidence that the University of Colorado acted with "deliberate indifference" toward students Lisa Simpson and Anne Gilmore, who were sexually assaulted by student football players. The university settled the case by promising to change its policies and to pay $ 2.5 million in damages. In 2008, Arizona State University

2552-476: The Education and Labor Committee , and observed corresponding congressional hearings relating to women's issues on employment and equal opportunity. In these hearings, Green and Sandler initially proposed the idea of Title IX. An early legislative draft aimed at amending the Civil Rights Act of 1964 was then authored by Representative Green. At the hearing, there were mentions of athletics. The idea behind

2640-560: The Javits Amendment one month after the Tower Amendment's rejection. The Javits Amendment was similar to the Tower Amendment, and was proposed by Senator Javits, a Republican from New York. He requested that the Department of Health, Education, and Welfare (HEW) issue regulations on Title IX regarding intercollegiate athletic activities. He, like Tower, believed that revenue-producing sports should not be taken into account when considering Title IX compliance. However, his proposal

2728-547: The Obama administration , the U.S. Department of Education-issued guidance asserted that transgender students are protected from sex-based discrimination under Title IX. In particular, Title IX of its Education Amendments of 1972 bars schools that receive financial aid assistance from sex-based discrimination in education programs and activities. It instructed public schools to treat transgender students consistent with their gender identity in academic life. A student who identifies as

Tower Amendment - Misplaced Pages Continue

2816-489: The Women's Sports Foundation reported that over 150,000 female athletic opportunities would need to be added to reach participation levels proportional to the female undergraduate population. The same study found that men's athletics also receives the lion's share of athletic department budgets for operating expenses, recruiting, scholarships, and coaches salaries. Title IX applies to all educational programs and all aspects of

2904-747: The "#WontBeErased" hashtag. In May 2020, the Trump administration's Department of Education contended that the rights of cisgender women are infringed upon by transgender women. The Education Department started to withhold federal funding to schools which affirm the identities of transgender athletes. In August 2020, the United States Court of Appeals for the Eleventh Circuit affirmed a 2018 lower court ruling in Adams v. The School Board of St. Johns County, Florida that discrimination on

2992-726: The 37 opening words of Title IX. Bayh first introduced an amendment to the Higher Education Act to ban discrimination on the basis of sex on August 6, 1971, and again on February 28, 1972, when it passed the Senate. Representative Edith Green , chair of the Subcommittee on Education, had held hearings on discrimination against women, and introduced legislation in the House on May 11, 1972. The full Congress passed Title IX on June 8, 1972. Representative Patsy Mink emerged in

3080-609: The Basis of Sex, Including Sexual Orientation or Gender Identity", reversing changes made by the first Trump administration to limit the scope of Title IX to sex only, excluding gender identity and sexual orientation. The executive order also provided a timeline for the Secretary of Education and Attorney General to "review all existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that are or may be inconsistent with

3168-453: The Department of Education issued guidance on how schools should implement the new Title IX regulations. This guidance includes specific information on how schools should prevent and respond to sexual harassment. On June 23, 2022, the Biden administration issued a proposed rule to reverse the changes made by the final rule and to expand coverage regarding gender identity and pregnancy. Under

3256-529: The Equity in Athletics Disclosure Act, sponsored by Congresswoman Cardiss Collins required that federally-assisted educational institutions disclose information on roster sizes for men's and women's athletic teams; as well as budgets for recruiting, scholarships, coaches' salaries, and other expenses, annually. In 1992, the Supreme Court decided monetary relief was available under Title IX in

3344-865: The House to lead efforts to protect Title IX against attempts to weaken it, and it was later renamed the Patsy T. Mink Equal Opportunity in Education Act following Mink's death in 2002. When Title IX was passed in 1972, 42 percent of the students enrolled in American colleges were female. The purpose of Title IX of the Educational Amendments of 1972 was to update Title VII of the Civil Rights Act of 1964 , which banned several forms of discrimination in employment, but did not address or mention discrimination in education. The following

3432-779: The Life of Starbucks’ Stock , was named by Kiplinger’s magazine as one of the five best investing reads of 2007. In 2003, her Six Days in October: The Stock Market Crash of 1929 , won the Sibert Honor Book. In 2008, she received the Futrell Award for Outstanding Achievement in Communications and Journalism. Blumenthal was married to Scott McCartney, a fellow journalist at The Wall Street Journal . The couple has two children. She

3520-608: The Office of Civil Rights to go through a formal notice-and-comment process since 1997. Some of the new regulations made in May 2020 involve defining sexual harassment to include "sexual assault, dating violence, domestic violence, and stalking," as discrimination, as well as require schools to offer attainable options for anyone to report a sexual harassment case. Unlike guidance issued by the Obama administration in 2011 and 2014, they will have

3608-562: The Title ;IX era, both sexes have seen a net increase in the number of athletic teams over that same period. When total enrollment (which had likewise increased) is controlled for however, only women had an increase in participation. Though interest in the sport of wrestling has consistently increased at the high school level since 1990, scores of colleges have dropped their wrestling programs during that same period. The OCR's three-prong test for compliance with Title IX often

Tower Amendment - Misplaced Pages Continue

3696-504: The Title IX era, though solely for women when increased enrollment is accounted for, as men's participation has remained static relative to university enrollment, and men's opportunities outnumber women's by a wide margin. Between 1981 and 1999, university athletic departments cut 171 men's collegiate wrestling teams, 84 men's tennis teams, 56 men's gymnastics teams, 27 men's track teams, and 25 men's swimming teams. While some teams—both men's and women's—have been eliminated in

3784-401: The U.S. Department of Education Office of Civil Rights, first in 1979 and later followed by several clarifications and amendments. To meet the requirements, schools must pass at least one of three tests measuring sex equality among athletics the school offers. These tests consist of proportional numbers of males and females participating, whether or not the school is making an effort to increase

3872-624: The University of Southern California (on May 22). These complaints, the resulting campaigns against sexual violence on college campuses, and the organizing of Bolger, Brodsky, Clark, Pino and other activists led to the formation of an informal national network of activists. Bolger and Brodsky also started Know Your IX , an organization of student activists focused on legal education and federal and state policy change. Title IX has been interpreted as allowing private lawsuits against educational institutions as well as formal complaints submitted to

3960-675: The basis of gender identity is discrimination "on the basis of sex" and is prohibited under Title IX (federal civil rights law) and the Equal Protection Clause of the 14th Amendment to the US Constitution . In December 2020, the "Protect Women in Sports" Act was introduced to the U.S. House of Representatives. It would block schools from receiving federal funding if transgender girls and nonbinary people are allowed to compete on girls' sports teams at those schools. It

4048-463: The case Franklin v. Gwinnett County Public Schools . In October 2002, less than a month after the death of U.S. Rep. Patsy Mink, the U.S. Congress passed a resolution to rename Title IX the "Patsy Takemoto Mink Equal Opportunity in Education Act", which President George W. Bush signed into law. On November 24, 2006, Title IX regulations were amended to provide greater flexibility in the operation of single-sex classes or extracurricular activities at

4136-806: The case of scholarship opportunities. This ruling was reversed by the Civil Rights Restoration Act of 1987 , which required equality in federal funding for sports. Still, opponents of Title IX did not give up, and the National Wrestling Association , the College Gymnastics Association , and the US Track Coaches Association, representing male sports, filed suit against Title IX, saying that the regulations were unconstitutional. The Department of Justice dismissed

4224-779: The cases were based on a 1977 report authored by plaintiff Ann Olivarius , now a feminist attorney known for fighting sexual harassment, " A report to the Yale Corporation from the Yale Undergraduate Women's Caucus ." Several of the plaintiffs and lawyers have written accounts of the case. Advocates such as the American Civil Liberties Union (ACLU) likewise maintain that "when students suffer sexual assault and harassment, they are deprived of equal and free access to an education." Further, according to an April 2011 letter issued by

4312-619: The controlling of revenues through Title IX. Title IX Title IX is a landmark federal civil rights law in the United States that was enacted as part (Title IX) of the Education Amendments of 1972 . It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government . This is Public Law No. 92‑318, 86 Stat. 235 (June 23, 1972), codified at 20 U.S.C. §§ 1681–1688. Senator Birch Bayh wrote

4400-438: The dismantling of men's programs, despite strong participation in those sports. Some believe that the increase in athletic opportunity for girls in high school has come at the expense of boys' athletics. Because teams vary widely in size, it is more common to compare the number of total participation opportunities between the sexes. Additionally, the total number of college participation opportunities has increased for both sexes in

4488-476: The draft was a progressive one in instituting an affirmative action for women in all aspects of American education. Title IX was formally introduced in Congress by Senator Birch Bayh of Indiana in 1971, who then was its chief Senate sponsor for congressional debate. At the time, Bayh was working on numerous constitutional issues related to women's employment and sex discrimination—including, but not limited to,

SECTION 50

#1732779837236

4576-414: The early 1970s lobbied Congress to add sex as a protected class category. Title IX was enacted to fill this gap and prohibit discrimination in all federally funded education programs. Congressman John Tower then proposed an amendment to Title IX that would have exempted "revenue-generating" sports from Title IX. The Tower Amendment was rejected, but it led to widespread misunderstanding of Title IX as

4664-441: The excess to pay for additional costs in other sports. However, his bill died in committee. In 1977, Senators Tower, Bartlett, and Hruska introduced Senate Bill 2106, which would exclude revenue-producing sports from Title IX. Though the fight continued, the Senate rejected this last attempt at passing the amendment. In the 1984 ruling of Grove City v Bell , the Supreme Court stated that Title IX did not apply to sports, except in

4752-619: The female-dominated Association for Intercollegiate Athletics for Women (AIAW) run female championships, decided to offer female championships themselves, leading to the eventual demise of the AIAW. The NCAA later tried to claim that Congress had not intended to include athletics under Title IX's coverage, but the record lacks any sustained discussion of the matter. Advocates of Title IX's current interpretation cite increases in female athletic participation, and attribute those increases to Title IX. One study, completed in 2006, pointed to

4840-446: The force of law behind them. Colleges and universities will be required to comply with the regulations by Aug. 14. On June 22, 2021, the Supreme Court ruled in the case of Doe v. DeVos that schools must provide a fair and impartial grievance process to students who allege sexual harassment. This ruling clarifies that schools are legally obligated to respond promptly and effectively to allegations of sexual harassment. On February 10, 2022,

4928-648: The funding for those sports was primarily re-directed to the men's football and basketball programs. The study moreover suggests that it is in athletic directors' interest to not admit that the additional funding was for football and basketball, but to rather blame Title IX for the cuts. In 2011, the American Sports Council (formerly called the College Sports Council) stated, "Nationwide, there are currently 1.3 million more boys participating in high school sports than girls. Using

5016-465: The governance of female athletics. In regards to coaching roles, in spite of the fact that the legislation has helped create more and better opportunities for women, the number of women coaches has surprisingly decreased while the number of male coaches have subsequently increased. Men have also gained a larger role in directing female athletics. For example, the male-dominated National Collegiate Athletic Association (NCAA), which had been content to let

5104-484: The government would make him give to women's athletics. He also questioned what would happen if the football program declined and there was no more money because it had to be shared. He believed that the enactment of the law would get rid of confusion and the complicated measures of Title IX. The Tower Amendment was believed to help protect the revenues of major producing sports at each college. Other colleges such as Southern Methodist University voiced similar concerns about

5192-518: The guidance on gender identity. The Education Department announced on February 12, 2018, that Title IX did not allow transgender students to use the bathroom of their gender identities. Dwayne Bensing, a lawyer for the Office of Civil Rights within the United States Department of Education and who was in its LGBTQ affinity group, had unsuccessfully asked DeVos not to withdraw the Obama administration guidance. Two years later, in

5280-574: The nature of particular sports" adopted in its place. In June 1975, HEW published the final regulations detailing how Title IX would be enforced. These regulations were codified in the Federal Register in the Code of Federal Regulations Volume 34 , Part 106 ( 34 CFR 106 ). Since 1975, the federal government has issued guidance clarifying how it interprets and enforces those regulations. The Civil Rights Restoration Act of 1988

5368-422: The number of the unrepresented sex, if the school has a certain history of one specific sex dominating the numbers of athletes in a given sport, and whether or not the school is showing an effort to expand the program to the other sex. There have been different interpretations regarding Title IX's application to high school athletics. The American Sports Council sued the Department of Education in 2011 seeking

SECTION 60

#1732779837236

5456-605: The parallel concerns of hostility at their institution, filing Title IX and Clery Act complaints against the university in January 2013, both leading to investigations by the U.S. Department of Education . Following the national prominence of the UNC Chapel Hill case, organizers Pino and Clark went on to coordinate with students at other schools; in 2013, complaints citing violations of Title IX were filed against Occidental College (on April 18), Swarthmore College and

5544-665: The passage of the Tower Amendment ; would not affect title IX, which would continue to apply appropriately to the rest of intercollegiate athletics, including the generation of money to sustain sports producing less revenue. Other senators thought that the amendment was diluted. The Tower Amendment called for sports to split the revenue of their major revenue producing sports and apply it to other less revenue producing sports. The Republican Senator from Nebraska, Roman Hruska drew attention towards Nebraska football that made $ 800,000 in one season. He questioned how much money

5632-409: The plaintiff $ 850,000 in damages and fees. The Trump administration made changes to guidelines that were implemented during the Obama administration. These changes shifted the standard of evidence used in Title IX investigations from "preponderance of the evidence" to a "clear and convincing" evidence standard, which is typically used for civil cases in which serious allegations are made (as opposed to

5720-456: The policy set forth" in the order. On June 16, 2021, the U.S. Department of Education's Office for Civil Rights issued a Notice of Interpretation explaining that it will "enforce Title IX's prohibition on discrimination on the basis of sex to include: (1) discrimination based on sexual orientation; and (2) discrimination based on gender identity." The review set out in E.O. 14021 is still ongoing as of April 2022. The introduction of Title IX

5808-431: The primary or secondary school level; this was largely to introduce federal abstinence-only programs, which may have been a partial basis for the support of President Bush. On May 15, 2020, the Department of Education issued a letter stating that the policy of the state of Connecticut which allows transgender girls to compete in high school sports as girls was a violation of the civil rights of female student-athletes and

5896-480: The progress made through the passage of Title IX in 1972.  The efforts to limit the regulations around revenue producing sports under Title IX led to a pattern of amendments being proposed and rejected by the Senate. For example, The Javits Amendment , proposed after the Tower Amendment was dismissed by the Senate, suggested regulations on intercollegiate sports from the Department of Health, Education, and Welfare in 1974. Additionally, House Bill 8394 in 1975 faced

5984-630: The revised draft of the Equal Rights Amendment . The ERA attempted to build "a powerful constitutional base from which to move forward in abolishing discriminatory differential treatment based on sex". As Bayh was having partisan difficulty in later getting the ERA Amendment out of committee, the Higher Education Act of 1965 was on the Senate Floor for re-authorization; and on February 28, 1972, Bayh re-introduced

6072-517: The rule that both men and women's intercollegiate sports, taking place in federal financially funded institutions, needed to allocate the same amount of revenue. Many senators disagreed with the Tower Amendment and their reasoning stemmed from arguments made by former Democratic Senator, Birch Bayh , that it would create a "blanket exemption from Title IX" and propositions from the Subcommittee on Education that "all athletic scholarships should be limited to men". Some senators thought this would nullify

6160-573: The schools of their choice, to develop the skills they want, and to apply those skills with the knowledge that they will have a fair chance to secure the jobs of their choice with equal pay for equal work". Title IX became public law on June 23, 1972. When U.S. President Nixon signed the bill, he spoke mostly about desegregation busing , and did not mention the expansion of educational access for women he had enacted. Each institution or organization that receives federal funding must designate at least one employee as Title IX coordinator . Their duty

6248-492: The standard of beyond reasonable doubt in criminal cases). On September 22, 2017, US Department of Education Secretary Betsy Devos rescinded the Obama-era guidelines which had prodded colleges and universities to more aggressively investigate campus sexual assaults. On May 7, 2020, the U.S. Department of Education released final regulations governing campus sexual assault under Title IX, the first Title IX guidance published by

6336-452: The suit of narrow grounds, and the government continued to enforce equal spending in sports. The Equity in Athletics Disclosure Act was passed in 1994 to reinforce equality in federal funding for schools, and required that coeducational colleges and universities that used federal funds for student financial aid programs needed to submit annual reports with information about intercollegiate athletics programs. The Tower Amendment would have ended

6424-735: The summer of 2019, Bensing discovered that the Education Department was fast-tracking the Alliance Defending Freedom 's complaint against transgender student-athletes, even though the department's attorneys did not understand the legal basis for doing so and the department had to pressure other employees. Bensing leaked this information to the Washington Blade and was forced to resign in December 2019. In October 2018, The New York Times obtained

6512-705: The three-part test". On the other hand, the Department of Education insists that Title IX is a "valuable tool" for ensuring a level playing field for all students" and "plays a critical role in ensuring a fundamental level of fairness in America's schools and universities". Although Title IX has helped increase the participation rate of female student athletes, several challenges remain for girls and women, including for females who aspire to become involved in professional roles within sport. The growing exposure of female sports has led to an increasingly dominant representation of males in coaching positions and roles involving

6600-466: Was also rejected, and the HEW instead required that schools provide equal opportunity to men and women in athletics. Still, the growing group of senators and representatives continued to push for restrictions on Title IX. In 1975, Representative O’Hara, a Democrat from Michigan, introduced House Bill 8394, which proposed the usage of revenue produced by a certain sport to pay for that sport's extra cost, then use

6688-471: Was an executive order, issued in 1967 by President Lyndon Johnson , forbidding discrimination in federal contracts. Before these orders were issued, the National Organization for Women (NOW) had persuaded him to include the addition of women. Executive Order 11375 required all entities receiving federal contracts to end discrimination on the basis of sex in hiring and employment. In 1969,

6776-655: Was born in Texas and attended Hillcrest High School before enrolling in Duke University . She got an MBA from Southern Methodist University . Blumenthal was a financial journalist for the Wall Street Journal for 25 years. She previously worked as a bureau chief for the newspaper in Dallas, and as a reporter for the Dallas morning News. Blumenthal wrote Hillary Rodham Clinton: A Woman Living History,

6864-486: Was encouraged to file a formal complaint; later citing inequalities in pay, rank, and admissions, among others. Sandler soon began to file complaints against the University of Maryland and other colleges while working with NOW and the Women's Equity Action League (WEAL). Sandler later filed 269 complaints against colleges and universities, which led to the events of 1970. In 1970, Sandler joined U.S. House Representative Edith Green 's Subcommittee on Higher Education of

6952-412: Was followed by a considerable increase in the number of female students participating in organized sports within American academic institutions followed by growing interest in initiating and developing programs which would pursue feminist principles in relationship to concerns surrounding issues dealing with girls and women's equality and equity in sport. Athletic equality requirements were later set by

7040-474: Was limited in June 2022 within the states of Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, Tennessee, South Carolina, South Dakota, and West Virginia. Karen Blumenthal Karen Frances Blumenthal (March 18, 1959 – May 18, 2020) was an American business journalist, published author, and educator. Blumenthal

7128-412: Was not a federally funded institution; however, they did accept students who were receiving Basic Educational Opportunity Grants through a Department of Education program. The Department of Education's stance was that because some of its students were receiving federal grants, the school was thus receiving federal assistance and Title  IX applied to it. The Court decided that since Grove City College

7216-532: Was only receiving federal funding through the grant program that only this program had to comply. This ruling was a major victory for those opposed to Title IX as it then made many athletic programs outside the purview of Title IX, and thus reduced its scope. Grove City's court victory, however, was short-lived. The Civil Rights Restoration Act passed in 1988, which extended Title IX coverage to all programs of any educational institution that receives any federal assistance, both direct and indirect. In 1994,

7304-474: Was passed to end discrimination in various fields based on race, color, religion, sex, or national origin in the areas of employment and public accommodation. The 1964 Act did not prohibit sex discrimination against people employed at educational institutions. A parallel law, Title VI, had also been enacted in 1964 to prohibit discrimination in federally funded private and public entities. It covered race, color, and national origin but excluded sex. Feminists during

7392-442: Was rejected by the Senate, so John Tower started a movement along with several other senators to pass the bill. They felt that requiring equal federal funding for both girls and boys sports would curtail the profits made by revenue-producing sports. For example, a male sport such as football, which requires more money for gear and events, as well as produces more revenue, than a sport like girls volleyball, might suffer if their funding

7480-447: Was signed into law by former President Richard Nixon on June 23, 1972. The amendment, however, was never passed. Senator John Tower, a Republican from Texas, sought to exempt revenue-producing sports from Title IX. It was meant to "provide equal access for male and female students to the educational process and the extracurricular activities in a school, where there is not a unique facet such as football involved". The amendment, however,

7568-448: Was significantly decreased. They firmly believed that this mandate would hurt the schools and that the federal government was overstepping its constitutional powers, and that the only "reasonable solution [was] to allow revenue producing sports to support themselves while making excess funds available to other sports for men and women". Despite the rejection by the Senate, other senators who supported Tower's proposal joined forces, creating

7656-625: Was sponsored by Representatives Tulsi Gabbard , a Democrat, and Markwayne Mullin , a Republican. In 2021, the Biden administration took steps to reinstate some of the protections for transgender students that had been rescinded under the Trump administration. These included two executive orders —13988 in January 2021 and 14021 in March 2021 —which were supported by the US Department of Education, though their ability to implement their guidance

7744-421: Was the subject of a lawsuit that alleged violations of rights guaranteed by Title IX: the university expelled a football player for multiple instances of severe sexual harassment, but readmitted him; he went on to rape a fellow student in her dorm room. Despite its claim that it bore no responsibility, the school settled the lawsuit, agreeing to revise and improve its official response to sexual misconduct and to pay

#235764