Under Title IX compliance, how many legal tests exist?

Under Title IX compliance, how many legal tests exist?

• A. Two
• B. Three
• C. Four
• D. Five

Answer: (B)

Under Title IX in athletics, three tests are used to determine whether opportunities are substantially equal. The first checks if the number of athletic opportunities for each gender is roughly proportional to their shares of the overall student body. The second looks at history and continuing practice, asking whether the institution has a continuing pattern of expanding opportunities for the underrepresented gender that matches past offerings. The third assesses accommodation of interests and abilities, meaning the school must show it has fully met the interests of the underrepresented gender; if there’s unmet interest, opportunities should be added or adjusted to address it. Because there are these three distinct assessments, the correct number is three.

Under Title IX in athletics, three tests are used to determine whether opportunities are substantially equal. The first checks if the number of athletic opportunities for each gender is roughly proportional to their shares of the overall student body. The second looks at history and continuing practice, asking whether the institution has a continuing pattern of expanding opportunities for the underrepresented gender that matches past offerings. The third assesses accommodation of interests and abilities, meaning the school must show it has fully met the interests of the underrepresented gender; if there’s unmet interest, opportunities should be added or adjusted to address it. Because there are these three distinct assessments, the correct number is three.