The Changing Shape of Title IX Compliance
May 12, 2011. In 2010, the Office for Civil Rights (OCR) rescinded the 2005 “third prong” standard for Title IX compliance, and recently, at NCAA’s Gender Equity Forum, OCR and Department of Education (DOE) officials have sought to clarify what Title IX compliance entails; the resulting picture suggests a need for more rigorous standards and assessments than have been seen over the past decade. To learn more about what’s changing and where institutions need to be proactive in order to manage their Title IX liability, we turned to Betsy Alden (who has conducted many Title IX reviews for higher ed institutions) and Jeff Orleans (who helped write the original regulation for Title IX of the Education Amendments of 1972) with Alden & Associates Inc. A Shift from the Past What became apparent from the OCR representative’s remarks at the NCAA’s Gender Equity Forum earlier this month, Jeff Orleans comments, “is that schools that have been can no longer rely on the ‘third prong’ standard that if you show that you are satisfying the interests and abilities of student athletes regardless of the counts, you were in compliance. Under the Bush administration, you just had to survey and account for student interest in […]