SPT 307 Class Notes Sport Law Case
TitleIX was created to prevent segregation due to sexual orientation in educational institutions,
but more than any other legislation, it has altered the nature of the game and entertainment
industries. Since the majority of Title IX cases break new ground, it is difficult to single out one
and declare it to be the decisive one, but Cohen v. EarthyColored College provides a good
overview of how the legislation affects female competitors and institutions. A group of female
athletes accused Earthy colored College of violating Title IX of the Schooling Revisions of 1972
after the institution downgraded two women's groups (tumbling and volleyball) and two men's
groups (water polo and golf) from college-financed varsity status to contributor subsidized
varsity status.
The circuit court used the law's three-pronged test to uphold the local court's finding that
Brown's interscholastic sports program oppressed women in violation of Title IX. It found that
the college had not demonstrated an act of program development for the underrepresented
orientation, nor had it taken full and compelling advantage of the interests and capabilities of the
women involved.
The case is important for two main causes. It first outlines how the judges intended to interpret
the three-pronged test set out by Title IX. How close to enlisting did a school have to reach in
order to demonstrate that investment open doors were significantly correlated with enlistment?
Second, the case established that although cutting men's projects to save costs was acceptable
owing to prior victimization of women, cutting women's projects to reduce costs was impossible
unless a school could pass one of the test's several prongs.
I selected this issue because Title IX prohibits sex-based segregation at all levels of publicly
funded educational institutions; nevertheless, it has frequently drawn attention for its guarantees
of orientation balance in collegiate athletics. Earthy Colored College was involved in a Title IX
sports litigation from 1992 to 1998, while boasting on its website that it had the "largest games
program for girls" in the nation with 21 varsity teams. Understudies brought Cohen v. Brown, a
case against the institution that downgraded four gaming groups in 1991 for financial reasons, in
Labinger's favor. Men's golf and water polo, as well as volleyball and women's acrobatics, were
no longer to be offered at the varsity level.
This lawsuit accuses Earthy Colored College, its president, and its director of athletics
(collectively "Brown") of discriminating against women in the conduct of their intercollegiate
athletics program in violation of Title IX of the School Revisions of 1972, 20 U.S.C. 1681–1688
("TitleIX") and its implementing regulations, 34 C.F.R. 106.1–106.7. All current, prospective,
and potential Earthy Colored College female students who participate in, attempt to participate
in, or are prohibited from participating in intercollegiate athletics funded by Brown are included
in the aggrieved party category. The Earthy Colored volleyball and women's acrobatic crews
were demoted from college-subsidized varsity status to contributor-supported varsity status in
May 1991, which prompted the filing of this lawsuit. In the same period, Brown reduced the
status of the men's water polo and golf teams from varsity to benefactor funded. Each of the four
groups suffered a downgrading as a result, losing not just their college funding but also a sizable
chunk of the benefits and accolades associated with college-financed varsity status at Brown.
