Home -> Law Blog Directory -> Education Law Blogs -> Title IX Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Education Law
: Title IX BlogOCR and Kansas Reach Agreement Over Title IX Complaint
By Erin Buzuvis, Sudha Setty, and Kristine Newhall
While the agreement between KU and OCR will resolve the complaint, the agreement does not suggest that KU currently is not in compliance with the proportionality prong, KU's chosen method of compliance. Rather, it requires KU to demonstrate compliance by taking the following steps: assess its participation rates and enrollment rates for men and women (by March 2011), submit a plan to demonstrate it is in compliance with the proportionality prong (by April 2011), and follow up with documentation it is in full compliance (by December 2011).
The men's swim club, on whose behalf the complaint was filed, hopes that KU's compliance plan includes adding men's varsity swimming back. But because KU is so close to proportionality already, it seems like it could demonstrate compliance by making minor adjustments to men's and women's athletic rosters, without adding a team. Depending on the numbers KU uses as the basis for its compliance plan, it could be that adding an entire men's team would swing the balance too far the other way.
News of this agreement also raises the question of what exactly it means that KU pledges to demonstrate compliance with the proportionality prong? Is exact proportionality required? Clearly, OCR thinks the existing disparity (whether it be 2, 4, or 5 percentage points) is not an example of substantial proportionality, otherwise this agreement would not have been necessarily. In fact, OCR has indicated in earlier policy documents (the 1996 Clarification) that proportionality compliance requires either an exact match in the percentage of students of each sex and the percentage of athletic opportunities for each sex, or minor (1 or 2 percentage point) disparities caused by fluctuation in enrollment. Perhaps OCR is using KU's case as an example to dispel the common misunderstanding that schools can demonstrate compliance with the proportionality prong as long as they are within 5 percentage points. I hope this is the case, though it is interesting to me that the mythical 5 percentage point rule is usually used to justify athletic imbalances that negatively affect women. Now that men are underrepresented, a stricter proportionality rule comes into play.
Full post as published by Title IX Blog on May 06, 2010 (boomark / email).
Prenuptial Agreements
Make an Airtight Prenuptial Agreement
Unlawful Retaliation for Sexual Harassment Claim
Title VII retaliatory discharge retaliation requires proof of participation in protected activities
Women and the Law
Ttile IX
Uniform Pre-marital Agreement Act
Standard Prenuptial Law
Selection of State Supreme Court Judges
How State Court Judges are Selected
Merger Agreement Rejected
Finish Line and Genesco reach $175 million settlement in merger dispute.
Kansas City Car Accidents
alleging liability for personal injuries caused by a car accident in Kansas City, Missouri.
Kansas City Accidents
alleging liability for personal injuries caused by car, truck, bus, motorcycle or other Kansas City, Missouri vehicle accidents.
Nevada Onion
Workers Injured, EPA Files Complaint
Kansas City Motorcycle Accident
alleging liability for personal injuries caused by a motorcycle accident in Kansas City, Missouri.
Kansas City Truck Accident
alleging liability for personal injuries caused by a truck accident in Kansas City, Missouri.

Christian Files Complaint Over Buddha Statutes at Kansas City Zoo
Former Kline assistant investigated over alleged ethics breach
AGs reach agreement with Craigslist to crack down on illegal sex trade ads
Kansas lawmaker proposes levying sales tax on abortions.
EU/Canada Reach Landmark Aviation Agreement









