Download Position Paper No. 30 Below
June 23rd marks the 38th anniversary of Title IX, the federal law that bans sex discrimination in educational programs. Title IX was well-intentioned, but has had some negative, serious unintended consequences, particularly in the realm of collegiate athletics.
In the Title IX era most men’s sports have faced a consistent and serious decline in both the number of participants and number of programs. This is not a coincidence. Schools’ decisions to cuts men’s programs are related to the incentive structure that the government created in developing Title IX enforcement protocol. Title IX’s main enforcement mechanism, proportionality, effectively operates as a gender quota.
In 2003 and 2005, the Bush administration attempted to provide school’s with a practical, yet rigorous alternative to proportionality through the creation of a model interest survey. Unfortunately, the Obama administration recently rescinded this survey.