Equal Education and Title IX 

NOW was one of the chief advocates for passage of the Title IX of the Education Act Amendments of 1972, which prohibits sex discrimination by any educational institution that receives federal funding, including grade/middle/high schools and postsecondary institutions. This important civil rights law assures that equal opportunity is to be provided for women and men, boys and girls, in both academics and athletics. 

The benefits of Title IX  address recruitment, admissions and housing, assistance to pregnant, parenting and/or married students, financial assistance, student health services and insurance benefits, and sexual harassment.  

As tennis great Serena Williams has pointed out: Title IX’s promotion of athletic opportunity has opened the door to success for girls and young women. The number of women seeking higher education and seeking advanced degrees since 1972 has dramatically increased. As proof of the success, women have dominated the U.S. Olympics’ Teams in recent years, often earning more medals than the men’s team. 

GRAPHIC HERE OF SERENA WILLIAMS 

Title IX exponentially increased opportunities for women in sports by ensuring equitable participation, treatment, benefits, and college scholarships. However, girls of color still face an unequal playing field.  Our education system is still segregated and schools located in BIPOC communities often receive less funding. At the professional level, while women of color often dominate the playing field, diversity among coaching staff is limited. The Women’s National Basketball Association (WNBA) is made up of a majority of Black players, but only four out of 12 coaches are women, and none are women of color.  

We must now build upon Title IX to ensure that BIPOC women have full access to athletic leadership opportunities both on and off the field.  

The Gutting of Title IX’s Harassment and Assault Protections 

Title IX has also been a tool to push back against the insidious threats of sexual harassment and assault on college campuses nationwide. Unfortunately, the outgoing Trump Administration adopted a new regulation that greatly undermines those protections. NOW and our allies are pushing back and are confident that the incoming Biden-Harris administration will reverse this dangerous precedent.  

This is especially important for women of color, who face higher rates of sexual harassment and violence. Women in general, and Black women in particular, are blamed, punished, and shamed for filing claims based on racist and sexist discrimination. And the gutting of Title IX threatens to make the situation worse. 

The new rule: 

• Allows schools to dismiss any complaints of sexual misconduct that occurred outside of campus-controlled buildings and/or educational activities. This means that students who study-abroad or live off-campus (which has increased due to COVID-19) aren’t covered.  
• Narrows what constitutes sexual harassment under Title IX, which can prevent survivors from pursuing investigations if they so desire and evidently from accessing justice. 
• Allows religious institutions can claim a Title IX religious exemption, and will have no obligation to inform their students about their Title IX adherence.