Title IX in Collegiate Sports: Federal Judge Rules in Favor of the University of Kentucky
Posted on November 4th, 2024
by Brian J. Taylor
Amidst ongoing litigation against the Department of Education’s 2024 Title IX regulations, Judge Karen K. Caldwell of the United States District Court for the Eastern District of Kentucky chimes in on higher institutions’ obligation to accommodate the interests and abilities of female students to play collegiate sports.
Title IX of the Education Amendments of 1972, commonly referred to as “Title IX,” is a landmark federal civil rights law that prohibits sex-based discrimination in any education program or activity that receives federal financial assistance.
Title IX also covers and was originally designed to address discrimination based on sex in athletic programs. As such, Title IX is applicable to a vast majority of educational institutions and athletic programs across the nation. There are three (3) basic aspects of Title IX as applied to athletics:
Participation;
Scholarships and program components, such as coaching, equipment, and locker rooms; and
The standard of compliance, which is one of quality, rather than the mere quantity of resources spent on athletic programs.
The Current State of Title IX
On April 19, 2024, the United States Department of Education (the “Department”) released its Final Rule, which implemented several changes to Title IX. Notable changes were (1) the expansion of the definition of “sex discrimination,” and (2) the addition of the term “sex-based harassment.”
The new regulations did not make comprehensive changes to athletics, and the three (3) prong test that was the subject of analysis has received less attention, as the focus of Title IX has shifted to harassment. Nonetheless, there was a recent court ruling regarding athletics and the three (3) prong test.
The Case
In 2019, two (2) former University of Kentucky (“UK”) students initiated a lawsuit against UK, claiming that it did not offer equal opportunities for women to play varsity sports. Plaintiffs subsequently had the lawsuit certified as a class action against UK, Mitch Barnhart (Director of Athletics), and Eli Capilouto (President of UK).
Following a three (3) day trial, Judge Karen K. Caldwell of the United States District Court for the Eastern District of Kentucky ruled in favor of UK, et al., finding that UK’s opportunities for women to participate in sports did not violate Title IX.
Breaking Down the Decision
Judge Caldwell assessed the three (3) prong test to determine whether UK, et al., violated Title IX. The test considered (i) the substantial proportionality of female participation in athletics to female enrollment, (ii) UK’s history and patterns of adding participation opportunities for women, and (iii) UK’s full and effective accommodation of the athletic interests of women.
In her opinion, Judge Caldwell acknowledged that UK failed to meet certain Title IX requirements. However, she asserted that such failures alone do not constitute a violation of Title IX. Ultimately, Judge Caldwell concluded that the students “failed to prove that the selection of sports and levels of competition at UK do not effectively accommodate the interests and abilities of UK’s female students.” As such, judgment was entered in favor of UK, and the claims against Mitch Barnhart and Eli Capilouto were dismissed.
What This Means for Your College or University
Although Judge Caldwell’s decision only holds precedent in the Eastern District of Kentucky, her opinion may be influential with other courts in determining whether institutions of higher education offer equal opportunities for all genders to participate in collegiate sports.
As the 2024 Title IX regulations continue to be litigated and implemented across the nation, institutions of higher education are encouraged to assess their athletic programs and practices to ensure that they remain compliant with Title IX.
Higher education administrators with questions or concerns should contact their legal counsel or an attorney at KingSpry for guidance.
The Higher Education Law attorneys at KingSpry are a trusted resource for providing legal advice, counsel, and representation. If your institution has questions regarding the National Labor Relations Board’s Memo, KingSpry is prepared to assist you.
Collegiate Comments are a publication of KingSpry’s Higher Education Law Practice Group. This article is meant to be informational and does not constitute legal advice.
Title IX in Collegiate Sports: Federal Judge Rules in Favor of the University of Kentucky
Posted on November 4th, 2024
by Brian J. Taylor
Amidst ongoing litigation against the Department of Education’s 2024 Title IX regulations, Judge Karen K. Caldwell of the United States District Court for the Eastern District of Kentucky chimes in on higher institutions’ obligation to accommodate the interests and abilities of female students to play collegiate sports.
In his latest Collegiate Comment, Brian J. Taylor, Esq., Chair of KingSpry’s Investigations and Compliance Services Group reviews Judge Caldwell’s decision and discusses the involvement of Title IX in collegiate sports.
What is Title IX?
Title IX of the Education Amendments of 1972, commonly referred to as “Title IX,” is a landmark federal civil rights law that prohibits sex-based discrimination in any education program or activity that receives federal financial assistance.
Title IX also covers and was originally designed to address discrimination based on sex in athletic programs. As such, Title IX is applicable to a vast majority of educational institutions and athletic programs across the nation. There are three (3) basic aspects of Title IX as applied to athletics:
The Current State of Title IX
On April 19, 2024, the United States Department of Education (the “Department”) released its Final Rule, which implemented several changes to Title IX. Notable changes were (1) the expansion of the definition of “sex discrimination,” and (2) the addition of the term “sex-based harassment.”
The new regulations did not make comprehensive changes to athletics, and the three (3) prong test that was the subject of analysis has received less attention, as the focus of Title IX has shifted to harassment. Nonetheless, there was a recent court ruling regarding athletics and the three (3) prong test.
The Case
In 2019, two (2) former University of Kentucky (“UK”) students initiated a lawsuit against UK, claiming that it did not offer equal opportunities for women to play varsity sports. Plaintiffs subsequently had the lawsuit certified as a class action against UK, Mitch Barnhart (Director of Athletics), and Eli Capilouto (President of UK).
Following a three (3) day trial, Judge Karen K. Caldwell of the United States District Court for the Eastern District of Kentucky ruled in favor of UK, et al., finding that UK’s opportunities for women to participate in sports did not violate Title IX.
Breaking Down the Decision
Judge Caldwell assessed the three (3) prong test to determine whether UK, et al., violated Title IX. The test considered (i) the substantial proportionality of female participation in athletics to female enrollment, (ii) UK’s history and patterns of adding participation opportunities for women, and (iii) UK’s full and effective accommodation of the athletic interests of women.
In her opinion, Judge Caldwell acknowledged that UK failed to meet certain Title IX requirements. However, she asserted that such failures alone do not constitute a violation of Title IX. Ultimately, Judge Caldwell concluded that the students “failed to prove that the selection of sports and levels of competition at UK do not effectively accommodate the interests and abilities of UK’s female students.” As such, judgment was entered in favor of UK, and the claims against Mitch Barnhart and Eli Capilouto were dismissed.
What This Means for Your College or University
Although Judge Caldwell’s decision only holds precedent in the Eastern District of Kentucky, her opinion may be influential with other courts in determining whether institutions of higher education offer equal opportunities for all genders to participate in collegiate sports.
As the 2024 Title IX regulations continue to be litigated and implemented across the nation, institutions of higher education are encouraged to assess their athletic programs and practices to ensure that they remain compliant with Title IX.
Higher education administrators with questions or concerns should contact their legal counsel or an attorney at KingSpry for guidance.
The Higher Education Law attorneys at KingSpry are a trusted resource for providing legal advice, counsel, and representation. If your institution has questions regarding the National Labor Relations Board’s Memo, KingSpry is prepared to assist you.
Collegiate Comments are a publication of KingSpry’s Higher Education Law Practice Group. This article is meant to be informational and does not constitute legal advice.