There are many reasons to celebrate the 50th anniversary of Title IX and the positive impact it has had on women’s sports, and yet there are also plenty of ways the landmark legislation hasn’t yet met its full potential.
As we enter the next 50 years of Title IX, here are a few examples of how new policies and better enforcement of the law could lead to more equal playing fields across the United States.
The sports participation gender gap starts early, and it continues all the way through college.
According to a report from the Women’s Sports Foundation (WSF), just 60% of girls compete in high school sports compared to 75% of boys. In fact, girls today have fewer opportunities to participate in high school sports than boys did in 1972.
At the collegiate level, 86% of NCAA institutions aren’t offering opportunities proportional to their enrollment. While women account for nearly 60% of college students nationwide, they have just 43% of college sports opportunities. This has a significant economic impact, with women missing out on $252 million of athletic scholarships. Per year.
“There’s sort of this widespread acknowledgement, like, ‘Well, schools aren’t complying’ and, you know, we’re 50 years in. That’s not great,” says investigative journalist Rachel Axon, who worked on a USA Today series that examined how Title IX has fallen short.
At the University of North Carolina (UNC), for example, the athletic department would need to add nearly 400 women’s roster spots in order to reach proportionality with its student body enrollment. UNC told USA Today that it is in compliance with the law through “prong three” of Title IX, meaning it is meeting the interests and abilities of its female students.
“And we asked them… ‘What are your surveys telling you? Are you getting requests from club teams to be elevated?’ And they declined to answer our questions on that and just gave us a generic statement,” says Axon.
Research from the Women’s Sports Foundation found that women of color are participating in sport at lower levels than white women.
At high schools where the majority of students are Black and/or Hispanic, girls receive 67% of the opportunities that are available to boys, according to WSF research. In comparison, at predominantly white high schools, girls have 82% of the opportunities that boys do. Women of color are also underrepresented in coaching and administrative positions, too.
The WSF recommended two policy changes to address these disparities: 1) that the Department of Education collect race-specific data on sports participation; and 2) that Congress pass the High School Data Transparency act, which would “require schools to publicly report information on the status of female and male athletes and students, broken down by race and ethnicity, as well as expenditures on each sponsored sports team.”
The concept behind Title IX is that — if federally funded institutions do not comply with the law — their funding can be taken away.
And yet, in 50 years of Title IX, the Department of Education has never stripped an institution of all federal funding. Instead, Title IX has been primarily been enforced through Civil Rights complaints, lawsuits and media attention.
While the NCAA has come under fire for its unequal treatment of men’s and women’s tournaments, the non-profit organization — which receives most of its funding from television, marketing rights and ticket sales — isn’t actually subject to Title IX, even though nearly all of its member organizations are.
That said, the organization could certainly take a much stronger role in making sure the legislation is enforced. The NCAA previously led a gender equity review in the 1990s and 2000s to encourage greater compliance, but the program was suspended in 2011.
“It could be doing more if it wanted to. It doesn’t want to,” says Axon.
While Title IX was meant to provide girls and women with equal opportunity, girls and women with disabilities have often been left behind.
This is something Tatyana McFadden experienced in 2005 as a freshman at Atholton High School in Columbia, Maryland, when she was prohibited from racing at the same time as her able-bodied track teammates.
“All I wanted to do was join high school track, but I was denied a uniform, I was denied (the opportunity) to race alongside others, and was practicing separately as well,” recalls McFadden. “I just thought, ‘We are in the 21st Century and I am 100% being discriminated against as a female athlete with a disability.”
McFadden filed suit against her school district — requesting equal competitive access — and won. This led to Maryland passing the Maryland Fitness and Athletes Equity for Students with Disabilities Act (also known as “Tatyana’s Law”), and in 2013, a U.S. Department of Education mandate.
And yet, women with disabilities still often have to fight for opportunities that are readily available to their able-bodied peers. Similar to Title IX itself, there is no proactive enforcement of the U.S. Department of Education mandate to ensure that students with disabilities are being given equitable opportunities.
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Before Title IX was passed in 1972, 90% of women’s collegiate teams were coached by women. These days, that number is closer to 41%. (And to be clear, that percentage refers to women coaching women’s teams; women are rarely considered for positions coaching men’s teams.)
This disparity continues to Olympic and professional leagues, where many women’s teams are currently being coached by men. At last summer’s Tokyo Olympics, just 21.1% of head coaches of Team USA were women, according to a Women’s Sports Foundation report.
Despite all of the tangible issues outlined above, 50 years after Title IX, nearly all current legislation about women’s sports is about excluding transgender women and girls, a group that is disproportionately affected by discrimination, harassment and deadly violence.
To put this in perspective: USA Today’s reporting found that six FBS universities in Ohio — Ohio State, Miami University, Ohio University, Bowling Green State, University of Toledo, and Kent State — are using loopholes and roster manipulation to make it look like they are closer to Title IX compliance than they actually are. By double- and triple- counting athletes, padding rowing rosters, and including male practice players, the six schools combined to inflate women’s rosters by 225 spots, all without adding any new women’s teams.
But rather than address this issue, Ohio House Republicans earlier this month passed a bill that not only bars transgender girls from playing sports, but also makes all girls subject to genital inspections. This is despite the fact that the Ohio High School Athletic Association said just five transgender athletes played school sports last year.
The Women’s Sports Foundation has recommended that the U.S. Department of Education “issue specific policy guidelines confirming that Title IX should be interpreted to provide opportunities to transgender and nonbinary students to participate in sports in a manner consistent with their gender identities” and for state policymakers to implement “inclusive policies for transgender and nonbinary athletes.”
Correction: A previous version of this story included the University of Akron as one of the Ohio schools that had padded roster numbers. It was actually Kent State.
Follow Alex Azzi on Twitter @AlexAzziNBC
The 2022 NWSL Playoffs get underway tonight with two quarterfinal round games: the Houston Dash vs. Kansas City Current and the San Diego Wave vs. the Chicago Red Stars.
See below for info on how to watch the NWSL playoffs, the full playoff schedule, and more. This guide will continue to be updated.
At the end of the NWSL regular season, the top six of twelve teams qualified for the playoffs:
The top two teams — the OL Reign and Portland Thorns — received a bye to the semifinal round, while the other four teams will meet in the quarterfinal round.
If an NWSL playoff game is tied after 90 minutes, two 15-minute extra time periods will be played in their entirety. If the game is still tied, penalties will determine the winner.
The Kansas City Current pulled off a thrilling 2-1 win against the Houston Dash on Sunday to advance to the 2022 NWSL Semifinals.
Kansas City defender Kate Del Fava scored in the 10th minute of second half stoppage time to secure the win and avoid extra time (video below). According to Opta Sports, Del Fava’s 90 + 10′ goal is the latest non-extra time goal in NWSL history (regular season or playoffs).
“I said, ‘It’s the 99th minute, let’s take a chance and get in the box,’” Del Fava reflected. “And good things happened.”
CAN YOU BELIEVE IT?! Kansas City wins it in stoppage time!!!#TealRising | @thekccurrent pic.twitter.com/LzzpTKeKRI
— National Women’s Soccer League (@NWSL) October 16, 2022
It was also the first ever NWSL goal for Del Fava, a 24-year-old defender who was drafted into the league in 2020.
“First ever? Oh my god,” teammate Lo’eau LaBonta exclaimed upon learning that fact during the post-match press conference. “I thought it was just this year. Kate, that’s f—ing hype!”
As for the losing team, “It sucks,” Dash midfielder Marisa Viggiano said. “I’m so proud of this group. We left it out there for 100-plus minutes. … When you look at the bigger picture, everything we accomplished this year, we have a lot to be proud of ourselves.”
Sunday night’s quarterfinal marked the first NWSL playoff appearance for both Kansas City and the Houston Dash. They played in front of a sellout crowd of 21,284 at PNC Stadium in Houston, breaking the NWSL playoff attendance record — a record that is likely to be broken again in a few hours by the San Diego Wave.
“The atmosphere here was incredible,” Kansas City head coach Matt Potter said. “I’m so excited for the Houston Dash. They, like ourselves, were in uncharted waters.”
Kansas City got on the board in the fifth minute when LaBonta capitalized on a penalty, adding another iconic celebration to her resume (video below).
.@Rockettes how’d we do?@L0momma | #CurrentRising
Watch live on @paramountplus: https://t.co/4n9jCzWxFJ pic.twitter.com/9FqxR8vZbH
— KC Current (@thekccurrent) October 16, 2022
Houston equalized in the 21st minute with a goal off a set piece from Sophie Schmidt.
The game remained tied, 1-1, until Del Fava’s game-winner in the final minute of regulation — due in large part to clutch saves from both goalkeepers.
Kansas City keeper A.D. Franch had a particularly stellar showing, including saving a point blank shot from Michelle Alozie in the fourth minute of stoppage time.
Follow Alex Azzi on Twitter @AlexAzziNBC
