New Title IX Resources from the Department of Education Office for Civil Rights omit 1 critical way to enforce Title IX.

Title IX lawsuits have historically driven effective changes in schools but they should not be the only way to force a complete gender equity review. The VOICEINSPORT Foundation is aiming to solve Title IX education, reporting and enforcement with the FAIR PLAY FOR WOMEN ACT and VIS Advocate Program. 

(NEW YORK CITY), February 19, 2023 – On February 17, 2023 the Department of Education’s Office for Civil Rights released new resources to support equal opportunity in athletics under Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in programs or activities receiving federal financial assistance. While the VOICEINSPORT Foundation (& pending groups) recognizes the significance of making such resources public, we believe it is critical to draw attention to the omission of the right to file a lawsuit against a student’s academic institution as a resource for supporting equal opportunity in athletics under Title IX. 

The Office of Civil Rights states filing a complaint through a school’s grievance procedures, contacting a Title IX coordinator or athletic director, and filing a complaint with the OCR as resources for students who feel they are being inequitably treated but do not include the alternative pathway of the courts. The VOICEINSPORT Foundation understands that filing a lawsuit against one’s academic institution is a draining and uncomfortable process and for this reason has been creating a new pathway for student-athletes to achieve equitable treatment at their schools. 

It is critical to note the outstanding impact litigation has played in enforcing gender equity at schools since the passing of Title IX. In many cases such as at Dartmouth University in 2020, teams who have been unfairly cut by their athletic program are reinstated. In others, such as at Clemson University the gap between benefits and resources such as financial aid, equipment, and training services are closed between men and women student-athletes. Most notably, in many cases simply threatening a lawsuit drives progress within athletic departments. While filing a complaint with the OCR is an important tool meant to support a student-athlete’s voice, the investigation of such a complaint is limited to the specific instance at hand. 

“When student-athletes enforce their rights, the cases often arise out of the elimination of varsity teams or a desire to elevate a program to varsity status, but they can through settlement require the university to undergo a complete gender equity review addressing all areas of Title IX compliance.” - Lori Bullock, Title IX attorney and Partner at Bailey Glasser.

Since 2021, the VOICEINSPORT Foundation has been working on legislation, the Fair Play for Women Act sponsored by Senator Chris Murphy, Congresswoman Alma Adams, Congresswoman Lori Trahan, and Congresswoman Suzanne Bonamici to strengthen Title IX. Current high school and college women student-athletes part of the VIS Advocate Program have contributed to the Bill, outlining its three major components: Education, Reporting & Transparency, and Enforcement. In addition, the Fair Play for Women Act grants the Office of Civil Rights additional resources and power to aid in their equity assessments. VIS Advocates in all 50 states have received formal Title IX Education and share this important information with their schools by creating VIS Chapters. VIS Advocates then collaborate with their athletic departments to make their schools more equitable. 

“It is vital that athletes understand their rights and while filing or threatening to file a lawsuit is one of the most effective ways to correct inequities at schools to date at the VOICEINSPORT Foundation we are focused on creating national legislation and a powerful program so there are more enforcement mechanisms in place for athletes.” - Stef Strack, Founder VOICEINSPORT Foundation

We look forward to seeing the expansion of Title IX education at schools across the country and the subsequent changes that will occur as a result of young women coming together to use their VOICE. 

About VOICEINSPORT  Foundation

VOICEINSPORT Foundation is a global 501c3 Non-Profit Organization on a mission to close the gap for girls and women in sport through innovative sport science research, educational content and an advocacy program for high school and college women athletes called the VIS Advocate Program. Founded in 2020 by Executive and Advocate Stef Strack. For more information please visit www.voiceinsportfoundation.org and check us out on Instagram, Twitter, TikTok, LinkedIn and Facebook.  

Media Contacts:

VOICEINSPORT - Sydney Moore - VIS Advocate Lead

Contact: info@voiceinsportfoundation.org