ABSTRACT

The justification for "proportionality at any cost" approach to intercollegiate athletics rests on a single assumption. That assumption is that sex discrimination is the only possible explanation for the fact that there are more males than females participating in intercollegiate sports. Title IX is a thinly disguised, de facto, quota. In the debate that rages today over the federal regulation of participation rates of males and females in athletics the most frequently cited regulations in the US Department of Education's interpretation of Title IX are those of the "three part test". One vexing aspect of how quotas are applied in Title IX is the manner in which the number of opportunities received and opportunities denied are derived. "Equity College" is a school with a student body of 50 percent men and 50 percent women. In its quest for equality between the sexes the school has opted to have only sports that are typically offered to both men and women.