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Getting in the GameTitle IX and the Women's Sports Revolution$
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Deborah L. Brake

Print publication date: 2010

Print ISBN-13: 9780814799659

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814799659.001.0001

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(p.119) 5 Cutting Men’s Opportunities to Help Women? Title IX and Leveling Down

(p.119) 5 Cutting Men’s Opportunities to Help Women? Title IX and Leveling Down

(p.119) 5 Cutting Men’s Opportunities to Help Women? Title IX and Leveling Down
Getting in the Game

Deborah L. Brake

NYU Press

This chapter focuses on the debate over whether Title IX's three-part test is hurting men's sports. In particular, it examines whether women really benefit from Title IX if schools cut or cap men's sports instead of adding more women to their athletic programs, and whether cutting men's opportunities as a method of compliance—a classic “leveling down” remedy—is truly consistent with the law's goal of ending discrimination against women. The chapter looks at the cases of Slippery Rock University and James Madison University, both of which decided to cut their respective varsity sports programs as a form of compliance. It also considers the place of “leveling down” in a discrimination law like Title IX and concludes with a discussion of leveling-down responses in Title IX litigation.

Keywords:   three-part test, men's sports, Title IX, compliance, leveling down, female discrimination, Slippery Rock University, James Madison University, varsity sports, discrimination law

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