Allison Kasic on Title IX’s Faults

Our friend Allison Kasic of the Independent Women’s Forum has a piece in the Christian Science Monitor today on the downside of Title IX:

The scope of Title IX has expanded dramatically through a combination of court cases and government policy interpretations (mostly through the US Department of Education).

A 1979 interpretation established a three-prong test to show Title IX compliance. Schools could provide proportional representation in their programs based on enrollment, show a history of expanding programs for the underrepresented sex, or demonstrate that their programs meet the interest and abilities of the underrepresented sex.

Proportionality, however, is the only prong that provides a quantitative measure for schools to prove compliance. For example, if 51 percent of the student body is female, a school is considered to be in safe harbor if 51 percent of its athletes are female.

The other prongs are viewed more as temporary measures. They are also more subjective and leave schools vulnerable to lawsuits. It is no surprise then, that schools overwhelmingly see proportionality as the way to prove compliance.

The result: An enforcement regime that’s turned into a zero-sum game with male athletes losing ground.

So what can you do? How about taking a look at the petition that Allison signed earlier this week?