Key Takeaways

• The Office of Civil Rights (OCR) and courts evaluate Title IX compliance in women’s college athletics by examining three key areas: participation opportunities, scholarship distribution, and overall treatment of athletes.
• Participation opportunities are often the most closely scrutinized and require colleges to meet one of three prongs to under Title IX: proportionality, a history and ongoing practice of program expansion, or complete and adequate accommodation of interests and abilities.
• Confusion often arises at the intersection of NCAA and Title IX requirements, but the NCAA governs college athletics and does not enforce or evaluate Title IX.
• Colleges typically meet Title IX requirements through coordination among administrators, athletic leaders, compliance officers, legal teams, and education consultants to review and strengthen their programs.

Title IX continues to play a central role in ensuring fairness across federally funded public and private colleges and universities.

Most institutions understand their obligation to ensure gender equity in college sports, yet Title IX compliance in women’s college athletics remains a widely scrutinized and litigated area. Lawsuits, settlements, and enforcement actions place added pressure on institutions to assess and strengthen their practices.

Confusion often arises from misunderstandings about equity concepts and the intersection of NCAA and Title IX requirements.

This blog explores how colleges can evaluate and address Title IX compliance with expert support.

Evaluating Title IX Compliance in Women’s College Athletics

The Office of Civil Rights (OCR) focuses on how athletic opportunities and benefits are provided in practice when evaluating whether institutions meet Title IX requirements in sports. Reviews typically examine three key areas:

• Participation opportunities
• Scholarship distribution
• Overall treatment and benefits for athletes

Federal courts also assess Title IX compliance during litigation, often relying on the same frameworks and standards applied by the OCR when evaluating claims related to gender equity in college sports. Colleges usually involve legal teams to assess compliance across these three key areas.

Participation Opportunities

Participation opportunities are often the most frequently scrutinized aspect of Title IX compliance in women’s college athletics. Title IX requires college athletic programs to provide equitable participation opportunities for both male and female athletes.

This element is evaluated using the three-prong test. But before applying this test, it is essential to understand how Title IX views equity in sports.

Equitable Vs. Identical Treatment

Title IX does not require identical participation numbers for men’s and women’s athletic programs. Instead, it focuses on whether the opportunities are provided equitably.

An institution may demonstrate compliance with Title IX requirements by meeting any one of the following prongs of the three-part test:

1. Proportionality

Under the proportionality prong, Title IX compliance in women’s college athletics requires examining whether athletic participation opportunities roughly match the gender makeup of the student body.

Suppose a college enrollment is 60% women and 40% men. Athletic participation opportunities are generally expected to be approximately 60% for women and 40% for men. The numbers do not have to match exactly, but significant or persistent gaps may raise compliance concerns.

Education experts often assist colleges in reviewing participation data to determine whether gender equity in college sports is being met.

2. History and Continuing Practice of Program Expansion

An institution may demonstrate Title IX compliance in women’s college athletics by showing a documented and ongoing history of expanding athletic opportunities for women. By Title IX requirements, expansion efforts should reflect recent and continuing action, rather than relying on past or isolated program additions.

Education experts can assist colleges by reviewing program expansion timelines and participation data to assess whether expansion efforts are current, responsive, and sufficient.

3. Full and Effective Accommodation of Interest and Ability

Under this prong, a college may demonstrate Title IX compliance in women’s college athletics by reasonably showing there’s no unmet interest or ability that would require the addition of women’s athletic opportunities.

For instance, a college cannot rely on the general assumption that women lack interest in a particular sport.

Experts can help colleges evaluate student interest and athletic ability, and assess whether existing programs adequately meet demonstrated ability and interest and support gender equity in college sports.

Scholarship Distribution

Title IX compliance in women’s college athletics is also evaluated based on how athletic scholarships and other forms of financial assistance are distributed.

The expectation is that scholarship dollars should be allocated to male and female athletes in proportion to their participation rates in athletics programs. For instance, if $200,000 is available for athletics scholarships, and women make up 60% of college athletes, roughly 60% of the funds is generally expected to support female athletes.

Again, exact matching is not mandatory, but significant and ongoing disparities may raise compliance concerns. Experts can assist colleges by reviewing scholarship data, participation numbers, and allocation patterns over time to assess whether distributions align with Title IX requirements.

Overall Treatment and Benefits to Athletes

Title IX compliance in women’s college athletics is also evaluated based on the overall treatment of athletes. Male and female athletes should receive equitable benefits and support across the entire athletic program.

Evaluation may look at:

• Access to facilities and equipment
• Coaching
• Scheduling of practices and competitions
• Medical and training services
• Travel arrangements and allowances
• Publicity or support services

Again, programs do not need to be identical but should provide comparable benefits and support female athletes relative to male athletes.

Colleges often review the three areas: participation, scholarship, and treatment together, to assess alignment with Title IX requirements and gender equity in college sports.

The NCAA-Title IX Requirements Intersection

The standards outlined above help determine Title IX compliance in women’s college athletics, but confusion often arises between athletic governance and legal compliance.

Many colleges are members of the NCAA and follow its rules for athletic programs, leading some to assume that meeting NCAA standards is sufficient to satisfy Title IX requirements. However, the two serve different purposes and are enforced differently. NCAA policies may promote gender equity in college sports, but Title IX is evaluated using federal standards.

Experts can be engaged to delineate the boundary of the NCAA-Title IX Requirements and clarify the distinction between legal obligations and governance standards.

How Schools Can Meet Their Title IX Obligations

Colleges can address Title IX compliance in women’s college athletics through ongoing assessment of participation opportunities, scholarship distribution, and overall treatment of athletes to identify gaps between their practices and Title IX requirements.

Since enrolment patterns, team rosters, and athletic programs change over time, compliance is taken as a continuous responsibility.

Coordination among administrators, athletic department leaders, Title IX coordinators, compliance officers, legal teams, and education consultants supports compliance, gender equity in college sports, and timely responses to complaints and identified gaps as they arise.

Get Title IX Compliance Assistance From School Liability Expert Group

School Liability Expert Group provides court-qualified experts who support plaintiff and defendant attorneys and institutions in education-related matters, including sexual harassment and Title IX.

Our education expert witness team is well-versed in Title IX compliance in women’s college athletics and has worked with hundreds of law firms in school liability issues. We offer program reviews, staff training, and informed recommendations to help institutions identify gaps and reduce risks related to gender equity in college sports.

Talk to an expert today to discuss how we can help meet Title IX requirements.