ABSTRACT
After the adoption of the statute, the next major moment in Title IX's transformation took place in a narrow educational context—athletics. The Department of Health, Education, and Welfare (HEW) transformed Title IX by issuing a 1979 "Policy Interpretation" on "Intercollegiate Athletics", which established a Three-Part Test for determining whether colleges and universities are complying with Title IX. The Three-Part Test for compliance is a significant transformation of the statute because it promulgated a new way to measure sex equality that was not implicit in Title IX's text. This chapter focuses on two student athletes—Jennifer and James. It outlines why Title IX covers athletics, describes the current guidelines as well as the history leading up to them, and details the Court decisions that bolstered the current policy interpretation. The chapter then summarizes the controversies emanating from Three-Part Test's conception of sex equality. Two separate conceptions of equality underlie the controversies in establishing non-discrimination in athletics—equality of opportunity versus equality of outcome.
