Title IX discussion questions available

April 27, 2023
Author events LGBT Office for Civil Rights Sports Title IX

If your class or book group would like to talk about the ideas and stories raised in my book 37 Words, I’ve got some Title IX discussion questions for you! And if you’d like me to Zoom in on the discussion, that could be arranged. Reach me through my contact page.

37 Words – Suggested Discussion Questions

Chapter 1: Strong — 1969

What are some of the sexist cultural/institutional barriers that Bernice Sandler encountered as she tried to pursue her education and a career?
Have you ever blamed yourself for some perceived failure and later recognized it as an institutional impediment?

Chapter 2: Complaints — 1970

Sandler engages with the women’s movement despite not liking parts of it. What are our perceptions of the feminist movement today? Do you see yourself as part of it?
Why do you think many women of that era cared if men accused them of not being a “lady?”

Chapter 3: Congress – 1970-1972

If you were in Rep. Edith Green’s shoes, would you have proposed adding “sex” to Title VI of the Civil Rights Act of 1964, or made Title IX a separate law dealing only with education? Why?
Was Title IX’s progression through Congress what you expected?

Chapter 4: Implementation – 1972-1977

Discuss the pros and cons of different models that were considered by feminists for organizing student athletics – by sex, or by characteristics like height, weight, and other factors, or using an Olympic scoring method. Or suggest a different model.
The argument that Title IX should exempt “revenue-producing sports” produced major political battles in the 1970s and continues to be raised today. Why do you think it persists?

Chapter 5: Sexual Harassment – 1977-1980

The events in this chapter extended efforts to stop sexual violence that had been building for more than a century. How did you become conscious of the epidemic of sexual violence, as something more than an isolated incident?
Discuss the overlaps of sexual and racial harassment in this chapter.

Chapter 6: Enforcement – 1975-1979

How did homophobia influence the ways in which women pursued their rights under Title IX?
Discuss the pros and cons of the three-prong test for Title IX compliance in athletics compared with the earlier goal of simply requiring equal per capita expenditures by sex.

Chapter 7: Backlash – 1980-1990

How did an attack on Title IX in athletics succeed in the early 1980s, and what influence did that have on civil rights in education?
Why do you think the movement against sexual violence became more prominent in the 1980s?

Chapter 8: Christine, Jackie, Rebecca, Nicole, Alida, LaShonda – 1991-1999

Discuss the role of the courts in Title IX progress and setbacks in the 1990s.
Why was passage of the Equity in Athletics Disclosure Act in 1994 significant?

Chapter 9: Athletics – 1992-1999

What were the major factors that made Title IX in athletics so prominent in the 1990s?
Resentment in men’s athletic programs about Title IX sometimes became personal. What recourse do student athletes, coaches, and staff have if they think they’re being mistreated on the basis of sex?

Chapter 10: Retaliation – 2000-2010

How did the three-prong test for Title IX compliance in athletics become an issue again in the 2000s?
What consequences do women face if they file a complaint under Title IX or sue for sex discrimination in athletics, even if they win their case?

Chapter 11: Sexual Assault – 2000-2010

What new strategies surfaced in the 1990s and 2000s to try to get schools and colleges to stop sexual harassment and violence on campuses?
Which national scandals helped propel or inhibit the movement against sexual violence in the 2000s?

Chapter 12: Acceleration – 2011-2014

Discuss the Office for Civil Rights’ “Dear Colleague” letter of 2011 in relation to previous guidance issued for Title IX compliance.
How did college-age students so successfully build the Title IX movement against sexual assault in the 2010s?

Chapter 13: Critical Mass – 2015-2016

Discuss the growing prominence of the rights of transgender, queer, nonbinary, and intersex students under Title IX in the 2010s.
Discuss the intersections between various civil rights movements from the 2010s to today.

Chapter 14: Backlash – 2017-2020

What was unique about the backlash against Title IX under President Trump?
Why do you think that huge fines and legal judgements against colleges and universities for not dealing appropriately with sexual misconduct have not led to a decrease in reports of sexual violence on campus?

Chapter 15: Fifty Years

What progress has been made in Title IX’s first 50 years?
Describe ways in which Title IX is not working well 50 years after its passage.

Chapter 16: The Next Fifty Years

What do you think will be important Title IX struggles in the next 10 years, and who will lead them?
Fifty years from now, what do you want to be different about educational institutions compared with today in regard to sex/gender discrimination?

Elsewhere

My goodness, a lot has been happening on the Title IX front. But I’ve been jammed with deadlines that will keep me swamped through the end of May, so I haven’t been blogging as much. Yes, I miss you, too. Here are just a couple of big issues right now:

On April 6 the U.S. Department of Education proposed a new rule on the eligibility of transgender student athletes to compete, and how schools can develop their athletic programs to comply with Title IX in this regard. NPR summarized what this means. The Department will be accepting public comments on the proposed rule until May 15, 2023. Meanwhile, nearly half of states have passed laws banning transgender student athletes from participating. LGBTQ advocates slammed the proposed rule for trying to find a “middle ground” that they say legitimizes transphobia. Anecdotally, it seems that the vast majority of women’s rights and gender justice organizations (like the National Women’s Law Center) want transgender student athletes to be able to fully participate, but some (like Champion Women) support excluding some students from athletic competitions. Get your comments in today!

And you might want to reread Chapter 4 of 37 Words to refresh your memory about efforts in the 1970s to decide how to include any women in athletics. The parallels with the debate about including transgender students in athletics is uncanny.

Surprise, surprise — Only 23% of student athletes who’ve gotten “partnerships” with “collectives” that facilitate payments based on the use of the athlete’s name, image, or likeness are women athletes. This article provides a very good summary and shows who is partnering with whom. From the article: “`The Office of Civil Rights would say right now that if a collective is affiliated … with a college or university then they need to be spending as much money on women’s sports as they spend on men’s sports and as much money on women athletes as they spend on men athletes,’” NCAA President Charlie Baker said Monday.”