Title IX and Sex Discrimination in Amateur Athletics

Remedies

A plaintiff instituting a private action to enforce Title IX may not ordinarily recover compensatory damages, unless the plaintiff offers evidence that the discrimination was willful, deliberate, or intentional. Injunctive relief is the remedy most regularly sought in Title IX actions. Injunctions may take the form of an order compelling an academic institution to cease an offending practice or an order compelling the institution to take specific action to level the playing field for the victims of discrimination. Prevailing Title IX plaintiffs may also recover attorney's fees and expert witness fees pursuant to 42 U.S.C.A. § 1988. Additionally, when the Title IX defendant is a state government, plaintiffs may pursue remedies available under the Civil Right Act, which prohibits discrimination by state actors. 42 U.S.C.A. § 1983. Both compensatory and punitive damages are recoverable in section 1983 actions.

Litigants who are unhappy with a federal agency's decision made pursuant to Title IX may generally appeal that decision to a federal district court as provided in 20 U.S.C.A. § 1683. However, if the agency's decision involves terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with a Title IX requirements, then judicial review may only be pursued as provided in 5 U.S.C.A. § 701 et seq. Title IX does not contain a statute of limitations, so both administrative agencies and judicial bodies rely on the most analogous statute of limitations provided by the law of the state from which the discrimination complaint originated.

Criticisms of Title IX

Title IX is not without its critics. This is particularly true of those who are involved with low-profile men's sports, such as wrestling or diving. According to some critics, schools have eliminated some smaller men's sports in order to finance women's sports. Supporters of Title IX have countered that the reason why the smaller sports have been sacrificed is because schools refuse to divert money from men's sports that produce the most revenue, particularly football and basketball. In 2003, a 15-member Commission on Opportunities in Athletics studied Title IX in order to make recommendations for strengthening and improving the statute. The report suggested that the Department of Education should reaffirm its commitment to enforcing Title IX and should aggressively enforce its provisions in a uniform way. Nevertheless, the debate about the positive and negative effects of this statute has continued.