An Examination of the Legal Framework between Title VII and Title IX Sexual Harassment Claims in Athletics and Sport Settings: Emerging Challenges for Athletics Personnel and Sport Managers

2008 ◽  
Vol 18 (1) ◽  
pp. 1-37 ◽  
Author(s):  
Anita M. Moorman ◽  
Lisa P. Masteralexis
2000 ◽  
Vol 25 (01) ◽  
pp. 69-90 ◽  
Author(s):  
Jennie Kihnley

Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 make universities liable for sexual harassment that occurs within both the employment and academic contexts. This article examines how universities implement and enforce the mandates of both Title VII and Title IX through exploratory research about sexual harassment complaint procedures at a public university system on the West Coast. In-depth interviews with personnel at each campus shed light on problems with inserting a complaint resolution process into an institution that simultaneously strives to eliminate sexual harassment, while wanting to protect itself from liability. This inherent conflict of goals is reflected in the differing roles of the Title IX office and the Women's Resource Center, in creation of a user friendly policy, and in the two branches of dispute resolution.


2017 ◽  
Vol 6 (4) ◽  
pp. 391-393 ◽  
Author(s):  
Anne C. Russ ◽  
Dani M. Moffit ◽  
Jamie L. Mansell

Sexual harassment is a sensitive and pervasive topic in higher education. Programs and institutions have the responsibility to protect the students from sexual harassment under Title IX of the Education Amendments of 1972 (United States Department of Education Office of Civil Rights, 2011). While much attention has been focused toward on-campus interactions (i.e., professor/student, student/student), many students participate in off-campus fieldwork and internships associated with coursework, where the students are still protected under Title IX. The purpose of this discussion is to define sexual harassment, summarize research regarding sexual harassment in a fieldwork setting, consider how sexual harassment affects students, and identify resources to help programs identify and respond to sexual harassment.


2021 ◽  
Vol 31 (2) ◽  
pp. 312-334
Author(s):  
Kelli Rodriguez Currie

This article provides necessary context to adequately engage in a discussion about transgender and nonbinary individuals, including defined terms. It then provides a brief history of Title IX, articulates the requirements for compliance with the statute, and discusses its application to transgender athletes. Next, this article provides an overview of Title VII of The Civil Rights Act of 1964 and the recent statutory analysis of its prohibition on employment discrimination because of sex in Bostock v. Clayton County extends that analysis to the statutory language of Title IX, and summarizes the recent interpretation by the Department of Education applying that analysis to Title IX. The article then discusses the implications of the persistent misgendering of transgender nonbinary athletes and argues that only by allowing all athletes to compete as their true gender will the inclusive goals of Title IX be realized. The article concludes that the requirements for Title IX compliance are not inclusive of transgender nonbinary athletes and contradictory to the prohibition on discrimination on the basis of sex articulated by the statute itself. The article proposes several necessary changes to the language of those requirements for compliance and argues that the Department of Education must make changes in its interpretation toward more inclusive language to truly achieve the goals of Title IX.


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