Title Ix, Simpson Vs. University Of Colorado

Stare Desis is Latin for “Standing by decided matter.” According to the Legal Dictionary, the doctrine of stare decisis also known as the precedent law, began in 12th century England, when King Henry II established the common law. According to stare decisis the decisions of a higher court, such as an appellate court, or Supreme Court become obligatory stare decisis, on lower courts which means that whatever the higher courts say is usually what the lower courts have to follow. It is a rare thing for the Supreme Court to overturn one of its own decisions that has been held as binding precedent. In 1896, the U.S. Supreme Court made a landmark decision in the case of Plessy v. Ferguson, when it looked at the case that allowed racial segregation in public facilities. This decision held stare decisis for nearly 60 years, until the case of Brown v. Board of Education was heard in 1953. Brown v. Board of Education was a case that took place 1951. In the case thirteen parents filed a civil law suit in U.S. District Court in Topeka, Kansas, regarding their 20 children. The plaintiffs, which is the parents of the children, demanded that the school district take away its policy of racial segregation that was set by the landmark case Plessy v. Ferguson which stated that the children would have separate facilities but would still be equal (which they never really were). After a long and unsuccessful road with the lower courts, the case was taken to the U.S.

Sexual harassment has been a problem in school situations; it inhibits a student's ability to learn since the student concentrates on the problem of dealing with the harassment instead of concentrating on her education. This occurrence of harassment can make a student fearful of going to school, fearful of authority figures and distrustful of adults in general. A woman who either is fearful or distrustful of men or women at an early age can suffer social inhibitions prohibiting her advancement through life. Title IX's prohibition on sexual harassment frees students from these fears and leaves them able to lead a normal life. Although Title IX does not eliminate the possibility of sexual harassment altogether, it does provide recourse to the student and the student's family through means of liability damages. Restrictions are placed on when the liability comes into effect, but it is a step forward in dealing with sexual harassment.

Sports have been a large part of society throughout history. They have brought out happiness, joy, hard work, determination, and teamwork in the individuals that have participated in them. However, there have been negatives involved with sports throughout history also, including gender roles, which are defined as the public image of being a particular gender that a person presents to others. These roles have been created by society and passed down from generation to generation, informing one another of false beliefs that say that one gender, usually males, are better than females. In sports, these often say that women have significantly lower performance levels, show less drive and that women see competition as unnecessary. In reviewing the initial beliefs and problems before Title IX, the role of Title IX, the problems still existing today, and the modern movement, it is seen that progress has been made, but also that there is also more to do.

In 2011 the Department of Education released a “Dear Colleague” letter aimed at reminding educators of a fact established by the Supreme Court: under Title IX, schools much ensure survivors of sexual assault can stay in school and learn safely and notified colleges and university that the federal government was going to be aggressive on sexual misconduct. However, under DeVos’s new ruling the federal government is pulling back their investigation into sexual assault on college campuses.

"Title IX protects all students at recipient institutions from sex discrimination, including sexual violence. Any student can experience sexual violence: from elementary to professional school students; male and female students; straight,

Imagine being a female athlete before 1972, you practice playing basketball everyday just like the boys do, but they have multiple scholarship opportunities to go to college where as females do not. They tell you to be a cheerleader or work in the kitchen and stay at home, but in your heart you are a competitor and have a passion for sports. This is a feeling that many females felt before Title IX; was explicated to give female’s gender equality in sports. Title IX has positively affected women’s sports over the years, but can negatively impact men’s teams, especially within the collegiate field. Title IX has changed budgeting and participation numbers between males and females, while opening up several opportunities for women. I am going to inform you how Title IX affects females and males in collegiate and high school sports, the history about Title IX, facts and statistics, how it has positively changed the way women participate in sports, and what it has to do with race and minorities.

Only forty percent of women know what Title IX means or enforces, according to a survey given to twenty women of the Veteran Affairs clinic of Danville, Illinois (Women of the VA). This survey shows that even though Title IX has been a successfully enforced law, not everyone has heard about it or understands how it has impacted their lives and futures. Therefore, people have to ask, “What exactly is Title IX?” Amanda Ross Edwards writes, “ Title IX states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal financial assistance” (Edwards). This demonstrates how Title IX is a very important part of history, and has helped create and enforce equality among everyone, in all situations. Throughout history, the application of Title IX has helped improve the perception of women in many areas and has enabled women to be successful in their daily lives.

Title IX is most often heard of when talking about sports but it actually covers a multitude of areas in daily life. Without gender equality in the world,, one sex would rule the world and the other would be left with nothing. Title IX has introduced gender equality in many areas of our daily lives and without it America would not be the country it is today. Title IX has changed the way that the American society views gender equality in exploitation (such as sexual harassment), athletics, education, and careers.

In February of 1992, in the Supreme Court further (Franklin v. Gwinnett County Public Schools) held that victims might be awarded monetary damages in sex discrimination cases. The case involved a high school woman who said she was sexually harassed and abused by a teacher. She filed for damages in Federal District Court, which dismissed the complaint, saying Title IX does not authorize an award of damages. The Court of Appeals agreed. But the U.S. Supreme Court held that compensatory and punitive damages

The Plaintiff contends that Baylor’s knowledge of the potential threat Elliott and other student-athletes posed as well as their deliberate lack of concern subjected her to an increased risk of being sexually assaulted. Specifically, Hernandez alleges that the university failed to address and intentionally concealed the sexual violence committed by football players for several years; the Plaintiff also states that Baylor’s staff was directly and repeatedly told about the sexual assaults committed

In some cases a schools decision to cut sports in order to comply with Title IX has lead to a lawsuit. An example of this would be Miami University. The university formed a committee to address the issue of Title IX compliance and hired a consultant as well. "The committee and consultant determined that in order to comply with Title IX, the university had the option of eliminating a few sports for men. As a result, the university eliminated the men's soccer, wrestling and tennis teams, effective at the end of the 1999 spring semester (Challenge 2002)." On November 18, 1999, the plaintiffs filed a complaint against the defendants, claming that the defendants' elimination of the men's wrestling, tennis and soccer programs at Miami University, a state university of the State of Ohio and a recipient of federal funds, constituted gender discrimination in violation of the 20 U.S.C.& et seq. And violated their rights to equal protection under the Fourteenth Amendment (United 2002). The court found that the plaintiffs failed

The district court’s decision to dismiss this case is based on the Plaintiffs failure to prove theory of purposeful discrimination, which is denied under Alexander v. Sandoval where the Supreme Court ruled that even if a federally funded entity knowingly adopts a policy that creates disparate impact, Title VI still affords no remedy and also because Proposition 16 is a facially neutral policy that happened to create a racially disparate impact, it holds no bearing to Title VI. The court ultimately found that Proposition 16 was created to improve ALL student athlete graduation rights. As for Pryor’s ADA claim, it too was dismissed because Pryor lacked the standing to remedy her loss of eligibility due to the fact the NCAA may still grant her the relief she seeks.

This article specifically focuses on gender issues and the possible harm that Title IX has caused on male sports while trying to help females. It discusses the college’s decisions about how to adjust to Title IX, such as whether cutting male programs is really a

TITLE VI of the Civil Rights Act of 1964 law was what many civil rights activists had been lobbying for over many years. Title VI was made to end segregation and discrimination on the basis of color, gender, and nationality for employment. However, education was not included in TITLE VI, which caused Dr. Bernice R. Sandler, a senior scholar at the Women’s Research and Education Institute in Washington, DC, to still have to fight for her job at the University of Maryland. Dr.

This past June marked the 40th anniversary of Title IX, a United States law stating that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. Although the wide spectrum in which Title IX covers includes many educational issues, its application to NCAA athletics has especially been confounded, because, unlike most educational institutions, athletic programs are gender-segregated by sport. In terms of intercollegiate athletics, Title IX essentially states that that all academic institutes of higher education are