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Since 1979, the U.S. Department of Education has utilized a three-pronged test to determine whether collegiate athletic programs are in compliance with Title IX. This test mandates (1) athletic opportunities at the intercollegiate level provided in numbers substantially proportionate to student enrollment; or (2) a “continuing practice of program expansion” that is [...]

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Title IX, originally conceived to protect women from gender discrimination, has had the unfortunate and unintended effect of significantly reducing opportunities for male athletes to compete in their sports at the collegiate level. The various Department of Education opinion letters interpreting Title IX and its regulations provide three routes by which universities can [...]

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