Title IX major factor for colleges looking at cutting sports
Financially challenged schools considering cutting sports in the wake of the coronavirus pandemic are making difficult decisions of who gets to keep playing and who doesn’t.
The choices aren’t just about money when they involve women’s sports. And while Title IX doesn’t prevent women’s sports from being eliminated, the federal law is a huge part of the conversations.
“I wouldn’t say that women’s sports are more at risk,” said attorney Timothy O’Brien, who is based in Maine with a practice focused on employment and college sports law. “I would say that all sports in an economic downturn will be scrutinized. But it should be done in a fair and equitable manner so at the end of the day the institution is compliant with Title IX.”
The civil-rights law, which applies to each gender, is credited with expanding women’s opportunities and participation in sports.
With the shutdown of college and professional sports in March amid the pandemic, it’s unclear how many schools will be able to have sports on reopened campuses this fall. Some — including Appalachian State, Cincinnati, East Carolina, Furman and Old Dominion — have already cut nonrevenue sports programs, but any move must ensure equitable treatment of remaining men’s and women’s athletics programs to comply with Title IX.
Established in 1972, Title IX prohibits discrimination on the basis of sex in any education program or activity receiving federal funds, such as student financial aid. It applies to sports by ensuring men and women have equitable participation opportunities, as well as access to scholarships.