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Women 9, men 0.(Tilting the Playing Field: Schools, Sports, Sex, and Title IX)(Book Review)

The American Enterprise

| March 01, 2003 | Vickers, Melana Zyla | COPYRIGHT 2003 The American Enterprise, a national magazine of politics, business and culture (TEAmag.com). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Tilting the Playing Field: Schools, Sports, Sex, and Title IX By Jessica Gavora Encounter Books, 181 pages, $24.95

A cross the country, programs such as men's wrestling and track have been disappearing at the rate of a half-dozen every month, having fallen prey to a bizarre twist of education policy emanating from Washington.

It's called Title IX, a 1972 statute that ostensibly bars gender discrimination in federally funded education. Well-meaning in theory, its interpretation by the Clinton administration in the 1990s has led to the carnage of men's teams. Campus athletics administrators, wary of enforcers at the Education Department's Office of Civil Rights and fearing a withdrawal of federal funds for their college, have eliminated men's teams in order to make the proportion of male to female athletes on their teams mirror the gender proportions within the student body. These quotas have forced men off teams and shut down entire male squads, while women's teams for which there was no demand have been started up to balance the numbers.

Parity-through-amputation is perhaps the best known of the Title IX vagaries, and it is now being investigated by a commission set up under President Bush. Many more results of Title IX have been adeptly chronicled by Jessica Gavora, chief speechwriter and a senior policy advisor to John Ashcroft.

As Gavora explains in Tilting the Playing Field, the most harm has been done by aggressive interpretations of Title IX that go far beyond the statute's intent. Consider how the statute has been used in cases of alleged sexual harassment of children and teenage girls. Gavora points out that while sexual harassment is not even mentioned in Title IX, it has served as the basis of many successful legal actions under the law.

The most eye-popping is the case of Jonathan Prevette, a six-year-old suspended from his North Carolina school after kissing a female classmate on the cheek. Then there's the Indiana elementary school that banned fourth graders from playing "boys chase the girls" at recess, on the grounds that the age-old game constituted sexual harassment. These actions, among others, followed on the heels of a "policy guidance" issued by the Clinton Education Department's Office of Civil Rights. Among other school actions that followed the guidance, according to Gavora: Nicholas ...

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