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Title IX’s vulnerability first surfaced last February when a coalition of men’s sports groups, including the National Wrestling Coaches Association, filed a suit claiming that Title IX had gone too far and is now discriminating against men in its attempt to bring equity for women. While the Department of Justice dismissed the lawsuit, it raised a great deal of public debate and pressured President George W. Bush to form a federal commission to examine these claims. Last month, the Commission on Opportunities in Athletics voted to allow the official use of interest surveys...
...wrestlers claim that Title IX is the culprit behind their decline. They argue that the law’s proportionality requirement forces men’s collegiate sports teams to disband in order to achieve numerical equality with women’s sports teams. Yet, while it may serve a university’s interests to use Title IX as an excuse for cutting funding to sports teams, there is nothing in the law or its enforcement guide that necessitates cutting men’s teams...
There are actually three different ways in which the courts have consistently said that a university can comply with Title IX. Although universities can apply the proportionality standard, they can also comply in other ways: by demonstrating a history of expanding sports opportunities for women, or by meeting the athletic needs of its female students “fully and effectively.” As a result of these alternatives, a study done two years ago by the U.S. General Accounting Office reported that out of 74 universities that were in compliance with the law from 1994 to 1998, only...
Unfortunately, the commission has not rejected a proposal that would allow universities to comply with Title IX by conducting regular surveys of their student bodies to assess interest in athletics. But this implies that while men do not have to prove their interest in sports, women must do so in order to have equal rights to play. What’s more, interest surveys could hurt attempts to recruit female athletes. There will be no motivation to encourage participation of women but rather every motivation to discourage...
...addition, while it may be true that there has been a decline in the number of collegiate men’s wrestling teams, the decline is not primarily due to Title IX. The simple truth is that those athletic departments are often putting more money into popular and more profitable men’s sports including football and basketball—not into women’s sports. As the National Women’s Law Center points out, 53 universities dropped their wrestling teams from 1984 to 1988, a period in which Title IX was not enforced for intercollegiate...