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Title IX · Episode 5 of 10 · 43 min

The Three-Prong Test and the Schools That Cheated It

A statute is only as strong as the rule interpreting it. The episode explains the 1979 three-part test for athletics, the administrators who modeled compliance, and a small Pennsylvania college whose Supreme Court case gutted the law until Congress overrode a veto. It also covers modern roster padding.

Who's who

Where it happens

Timeline

  1. December 11, 1979HEW issues the Title IX Policy Interpretation establishing the three-part test
  2. June 30, 1982Last AIAW championships; the association ends operations and sues the NCAA
  3. February 28, 1984Grove City College v. Bell limits Title IX coverage to specific programs
  4. March 1988Reagan vetoes the Civil Rights Restoration Act; Congress overrides, restoring institution-wide coverage
  5. November 21, 1996First Circuit upholds the three-part test in Cohen v. Brown

Still debated

Critics call the proportionality prong a quota, while defenders note it is one of three options. It is also debated whether the law or the NCAA's market power killed the AIAW, and when creative roster counting becomes a violation.

title ixthree-prong testaiawsupreme courtroster management
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