BEHIND THE BANNER

Embracing Title IX

Educate, Advocate, Celebrate

By Peg Pennepacker, CAA

June 23, 2022, marked the 50th anniversary of Title IX of the Education Amendments of 1972 the first comprehensive law prohibiting discrimination on the basis of sex in all programs or activities in all federally funded educational institutions. The original 37-word statute states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX is patterned after Title VI of the Civil Rights Act of 1964 the portion of the landmark law that prohibits discrimination on the basis of race, color and national origin in federally funded programs.

Title IX’s origins began in 1969 when Dr. Bernice Sandler was turned down for a full-time faculty position at the University of Maryland. She was told that the reason why she was not hired for the position was because she “came on too strong for a woman”. Through her research into laws against sex discrimination, she found an amended

Executive Order 11246 issued by President Lyndon Johnson which prohibited federal contractors from discriminating based on race, color, national origin, religion, and sex as well. In the two years that followed, Dr. Sandler collaborated with the Women’s Equity Action League (WEAL) and a friendly Department of Labor official to win preferences for women in education.

Sandler and WEAL filed complaints of sex discrimination under Executive Order 11246 with the Department of Education against 250 educational institutions including every medical school in the country complaining they had too few women on their faculties. Sandler sent hundreds of copies of her complaints to members of Congress, prompting them to send more than 300 letters to the Secretary of Labor demanding change. Her efforts attracted other individuals and organizations including the National Organization for Women (NOW) and WEAL advisory board member Rep. Edith Green (OR)

Representative Green held seven days of congressional hearings on sex discrimination in education and employment. Representative Patsy Mink (HI), the first woman of color and first Asian American woman in Congress, drafted Title IX with assistance from Rep. Green and Senator Birch Bayh (IN) another member of WEAL’s advisory board as well as a sponsor of the Equal Rights Amendment. He became the lead sponsor of Title IX in the Senate. Their efforts culminated on June 23, 1972, when Title IX was passed by Congress and signed into law by President Richard Nixon in athletic opportunities for female under graduates. The National Federation of State High School Associations reported that between 1971-1972, more than 3.6 million boys participated in high school sports compared to nearly 300,000 girls. In 20182019, 3.4 million girls participated in school sports compared to 4.5 million boys. Before 1972 1 in 27 girls played high school sports. Today it is 1 in 2.5.

As Title IX enters its fifty first year, there are still many challenges ahead. In colleges, men have nearly 60,000 more opportunities to compete than women have. In addition, women in college sports lag behind their male counterparts in scholarships, recruiting dollars and head coaching positions. At the high school level there continues to be noncompliance by school districts in most all athletic areas of Title IX. Enforcement of Title IX’s antidiscrimination provisions that include prohibitions on sexual harassment and assault are critical in providing safe and healthy learning environments for females.

Bernice Sandler died on January 5, 2019. She dedicated her life to making sure that no one would ever endure the discrimination that she faced in her career as an educator. She knew that the journey would be long and realized that she and many others were trying to change very strong patterns of behavior and belief. The changes would take more than her lifetime to accomplish.

Title IX’s aim was to create schools free from sex discrimination and its impact on athletic programs in both K-12 and higher education has been profound. Title IX has opened doors for millions of female student-athletes to have access to competitive sports, as well as educational and professional opportunities. Athletic participation opportunities for girls and women in high schools and colleges have dramatically increased from the early 1970’s to today. According to the Women’s Sport Foundation, at the college level, there has been a 618% increase

Hopefully, Dr. Sandler would be pleased to see that a generation of people growing up with Title IX in place has changed expectations. Parents are advocating for equal opportunities and benefits for their student-athlete daughters. NCAA women athletes advocate for equal treatment from their schools and at tournaments. Eighth-grade softball players file complaints to improve things for the student-athletes coming next.

The NCAA Title IX 50th Anniversary Showcase presented by AT&T celebrates Women’s History Month and the 50th anniversary of Title IX in recognition of the significant progress made toward ending sex discrimination in schools. The Showcase event runs through the end of April in Dallas at the AT&T Discovery District, Lobby and Showcase Exhibit Room. A unique partnership between the NCAA, AT&T and Getty Images, the showcase features a curation of over 800 images provided by Getty Images of female athletes competing in a variety of NCAA championships, as well as women’s basketball artifacts from the NCAA, USA Basketball, Women’s Basketball Coaches Association, Women’s Basketball Hall of Fame, Women’s National Basketball Association and more. The Showcase runs until May 5, 2023.

Title IX is a landmark law that continues to have a significant impact on women in education and sports. As such, we are thrilled to celebrate girls and women and their accomplishments at this year’s Women’s Final Four. At the Final Four in Dallas, we will crown women’s basketball national champions in all three divisions and will offer programming, events and initiatives that point directly to years of perseverance, triumphs and celebrations around women’s sports. In fact, Getty Images and one of our NCAA Corporate Champions, AT&T, worked together to highlight many of those experiences with a memorabilia and pictorial showcase dedicated to Title IX and women’s athletics. This is an opportunity and space for people from Dallas and those visiting for the Final Four to celebrate Title IX, and to keep pushing for equity, diversity and inclusion in women’s sports.

“Hosting the 2023 NCAA Women’s Final Four as the culmination of the 50th Anniversary of Title IX is an exceptional honor for the Big 12 Conference,” said Dayna Scherf, Vice President – Women’s Basketball and Competition with the Big 12 Conference. “It’s important for us to show the progress that has occurred while celebrating those who have propelled that progress. The Big 12’s 50 Years Forward campaign and the NCAA Title IX 50th

Anniversary Showcase both illuminate this history as well as the importance of empowering current and future student-athletes.”

“AT&T is proud to host the NCAA Title IX 50th Anniversary Showcase at our headquarters in Dallas,” said Sabina Ahmed, assistant vice president, Media and Sponsorship, AT&T. “Together with the NCAA and Getty Images, through unique audio and visual experiences, we’re giving people a closer look into the historic milestone and the importance of continuing efforts across industries to normalize equity for women in sports.”

“Women in sports have always made history on and off the field,” said Monica Paul, Executive Director of the Dallas Sports Commission. “Implementing Title IX fifty years ago allowed those opportunities to grow and expand. The Dallas Sports Commission is committed to supporting initiatives like the NCAA Title IX 50th Anniversary Showcase to continue the advancement of female athletes and sports professionals.”

Title IX is truly at the heart of the efforts to create gender equitable schools including ensuring opportunities and equitable treatment for all students who chose to engage in all educational programs and activities including athletics in schools. Educate, advocate, celebrate the progress and promise of Title IX.

Peg Pennepacker, CAA is a retired high school athletic director of 36 years. She founded High School Title IX Consulting Services in 2007 and assists K-12 schools in understanding and complying with the requirements of Title IX law. She can be contacted at: pegpennepacker@gmail.com