Title IX Compliance: "If You Don't Respond, You Must Not Be Interested"

Abstract

(4 Willamette Sports L.J., no. 1, 2007). This article examines the decision by the Department of Education’s Office for Civil Rights (OCR) to change one of its tests for Title IX compliance in intercollegiate sports. In 2005, the OCR approved web-delivered student-interest surveys as a means of showing compliance. The author argues that these surveys are flawed. He analyzes the model survey and what the 2005 Additional Clarification means for Title IX compliance. The article also offers guidance for litigants challenging the OCR’s decision.