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Category Archives: Title IX : Athletics

Title IX’s Disappointing Effects on Leadership in Athletics

| Felice Duffy | Title IX, Title IX : Athletics

Provisions in the Education Amendments of 1972, now referred to simply as “Title IX,” were enacted to eliminate gender-based discrimination in educational institutions that receive federal funding, which by extension includes almost all colleges and universities as well as public primary and secondary schools. While Title IX affects all aspects of school programming and extracurricular …

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Recent OCR Guidance Regarding Athletics Does Not Address Sexual Orientation or Gender Identity

| Felice Duffy | Student Rights, Title IX, Title IX : Athletics

For those who are anxiously waiting to find out the current legal standing of LGBTQIA+ students who feel thwarted in their efforts to participate in college athletics, the new Title IX athletics guidance issued recently by the U.S. Department of Education’s Office for Civil Rights (OCR) is a disappointment. While the guidance can prompt educational …

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What You Need to Know About Bias Toward Athletes in Title IX Proceedings

| Felice Duffy | Title IX, Title IX : Athletics

The concept of fairness is deeply ingrained in our sense of justice, whether that justice is meted out through the court system or in a venue like a campus disciplinary proceeding. Bias of any type is considered to tilt the scales of justice in one direction and is therefore viewed as inherently unfair. This includes …

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When a Student Transfers, How Do Sanctions at One School Impact Athletic Participation at the Next School?

| Felice Duffy | Title IX, Title IX : Athletics, Title IX : Sexual Assault/Misconduct

Student athletes who are unhappy with the playing opportunities or team environment at one school often transfer to another to find a program that better fits their needs. But sometimes, student athletes change schools for another reason. They may choose—or be forced—to leave a school because of findings of wrongdoing. In some high-profile cases, the …

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Impact of the Tracy Rule for NCAA Student Athletes

| Felice Duffy | Title IX : Athletics

It’s natural to want a fresh start. But sometimes, our society finds that a person’s actions make them so dangerous to others that we cannot afford to give them a second chance. The “Tracy Rule” sets the bar to determine when student athletes are past the point of no return. It describes the circumstances that …

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