Since 1972, when Title IX was signed into law prohibiting discrimination on the basis of sex by any educational program receiving federal financial assistance, colleges and universities have faced questions about what constitutes “discrimination” under the statute, specifically in the universe of college athletics.
Now, 52 years after the law was passed, the Department of Education is under threat by the incoming presidential administration at a crucial time for Title IX enforcement, as new NCAA policies could spell a threat to gender equality in the college sports space even as female student-athletes continue to gain visibility and marketability.