What Is Title IX?
Passed as part of the Education Amendments of 1972, Title IX prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. When it comes to college athletics, the law does not require identical sports programs for male and female students, but it strictly mandates equal opportunity in athletic participation.
Successful Advocacy for Female Student-Athletes
Keller Grover LLP stands at the forefront of protecting women's college sports, bringing extensive experience and a proven track record to Title IX enforcement. Along with experienced co-counsel, the firm has successfully represented female student-athletes in numerous matters, securing vital athletic opportunities and holding institutions accountable. On multiple occasions, Keller Grover LLP has compelled universities to reverse decisions to cut women's programs, achieving voluntary reinstatements of eliminated teams through strategic negotiation, as well as securing federal court orders mandating the immediate reinstatement of teams to varsity status. Through dedicated and sophisticated advocacy, the firm continues to ensure that the promise of equal opportunity in athletics remains a reality.
Compliance Regarding Sports Opportunities — The Three-Part Test
Institutions must meet the requirements of at least one of these three prongs:
Prong 1: Substantial Proportionality
Athletic participation opportunities for male and female students must be “substantially proportional” to their respective undergraduate enrollment numbers. For example, if a university's student body is 55% female, roughly 55% of its athletic roster spots should be allocated to female athletes.
Prong 2: History and Continuing Practice of Program Expansion
If an institution lacks proportional representation, it can comply by showing a clear, documented history and a continuing practice of expanding its athletic program to respond to the developing interests and abilities of the underrepresented sex (historically, female students).
Prong 3: Full and Effective Accommodation of Interests and Abilities
Concerned your school isn’t meeting Title IX?
If your women's program has been cut, under-funded, or under-supported relative to the men's side, early legal review makes a difference.
Talk to our Title IX team · 415-543-1305 Or contact us online
If participation is not proportional and no recent expansion has occurred, an institution can comply by demonstrating that its existing programs fully and effectively accommodate the athletic interests and abilities of the underrepresented sex. This is typically assessed through surveys, requests to elevate club teams to varsity status, or regional high school sports participation data.
Key Areas of Athletic Equivalence
Beyond raw participation numbers, Title IX requires schools to provide equal treatment and benefits across the entire athletic program. Courts evaluate this based on several “equivalence factors,” including:
Financial Assistance
Athletic scholarships must be awarded on a substantially proportional basis relative to the number of male and female participants.
Treatment and Benefits
Equivalence must be maintained in the quality, availability, and scheduling of:
- Equipment, uniforms, and supplies
- Scheduling of games and practice times (for example, avoiding prime-time bias for men's sports)
- Travel and per-diem allowances
- Opportunity to receive coaching and academic tutoring
- Compensation of coaches and tutors
- Locker rooms, practice facilities, and competitive venues
- Medical and training facilities and services
- Housing and dining facilities
- Publicity and marketing support
Enforcement & Liability
Title IX is enforced by the U.S. Department of Education's Office for Civil Rights (OCR) through administrative complaints. Additionally, student-athletes have a private right of action to file federal lawsuits directly against institutions for non-compliance, which can result in court-ordered injunctions, programmatic restructuring, and the award of attorney's fees and litigation expenses.
Frequently Asked Questions
Does Title IX require equal numbers of men's and women's sports teams?
What does “substantial proportionality” actually mean in practice?
Can a school stay compliant if it doesn't meet proportionality?
How do schools determine whether there is “interest” in a sport?
Who enforces Title IX in college athletics?
Does Title IX require proportionality between men and women for financial aid for student-athletes?
Do I have legal protection if I bring a Title IX complaint?
Notable Cases
- Class action against Concordia University Irvine
- California Lutheran University agrees to reinstate women's lacrosse team, conduct gender equity review, ensure compliance with Title IX
- Female athletes file Title IX sex discrimination class action against UC Davis for depriving women of equal athletic financial aid
Related Coverage
- The Cal Lutheran women’s lacrosse win (Instagram)
- Concordia University Irvine women’s athletics case (Instagram)
- Arthur Bryant on the Cal Lutheran Title IX case (LinkedIn)
- Keller Grover on the Cal Lutheran women’s lacrosse reinstatement (LinkedIn)
- California Lutheran University to reinstate women’s lacrosse and conduct a gender-equity review (EIN Presswire)