On the eve of Title IX's 30th anniversary, those seeking to determine its future are taking off their gloves to fight bare-fisted.

A lawsuit filed on behalf of the National Wrestling Coaches Association (NWCA) and others alleges Title IX has become a "quota system" damaging men's sports. Earlier this month, the plaintiffs in that case asked the court to vacate the regulations governing Title IX.

And most recently, the National Women's Law Center (NWLC) announced it had found 30 colleges and universities that had failed to give female student-athletes their fair share of athletics scholarships as required under the law.

Even ESPN's celebration of Title IX, scheduled for June 21-23, has been a battleground, with those on both sides of the issue lining up to go head-to-head at a town-hall meeting show June 22.

Taken together, the events provide a combative backdrop to the 30th anniversary of legislation that is largely credited with opening the doors to women in sports.

Latest on the NWCA lawsuit

On June 17, attorneys for the NWCA and the College Sports Council filed a cross-motion for summary judgment in their lawsuit against the Department of Education, asking that a court in Washington, D.C., order the Department of Education to publish a notice in the Federal Register announcing withdrawal of the 1979 regulations (the three-part test) and the 1996 clarification.

"It's time to restore basic fairness to Title IX," said Mike Moyer, the NWCA's executive director. "Nowhere else in American life would we tolerate discrimination or quotas, and our best and brightest student-athletes deserve better."

The NWCA first filed suit against the U.S. Department of Education in a Washington, D.C., district court in January, alleging that the Department of Education unlawfully altered the way it interpreted Title IX, leading to the "three-part test," and within it the so-called "proportionality" prong, which essentially provides an assumption of compliance for institutions that provide participation opportunities to men and women that are substantially proportionate to their respective rates of enrollment as full-time undergraduates.

The suit also contends that the regulations have led many universities to cut men's sports rather than add women's sports in efforts to seek gender equity.

The Department of Justice, on behalf of the Department of Education, replied to the suit May 29, asking that the court dismiss the lawsuit on procedural grounds.

The Department of Justice did not address the merits of the suit. That action, coupled with an accompanying statement from Department of Education General Counsel Brian Jones indicating that the government "should strive to expand opportunities for women in a way that does not diminish existing men's teams," has led to speculation on both sides of the issue that the Bush Administration is sympathetic to potential changes to Title IX enforcement.

(See "Administration moves to dismiss Title IX lawsuit" in the June 10, 2002, issue of The NCAA News and "New view of Title IX?" in the February 12, 2001, issue of The NCAA News.)

The latest filing by the NWCA addresses the procedural arguments made by the Department of Justice and also asserts that the Department of Education adopted the regulations unlawfully.

The 58-page NWCA filing also asserts that "at schools where the athletics interest of men currently is greater than that of women, each part of the three-part test discriminates against men."

(The three parts of the test are: proportionality; or demonstrating a history and continuing practice of program expansion for the under-represented gender; or fully and effectively accommodating the interests and abilities of the under-represented gender.)

The filing suggests that if the 1979 three-part test and the 1996 clarification were vacated as plaintiffs have asked, remaining Title IX regulations would "continue to require schools to provide equal athletics opportunity, based on interest, to student-athletes of both genders."

Lawrence Joseph, one of the attorneys for the plaintiffs, said the removal of the tests based on enrollment would return Title IX to its original intent.

"What we're trying to go back to is equal opportunity based on interest," he said. "The measuring stick has been changed (by the 1979 regulations and 1996 clarification) and changed illegally."

Under this type of test, schools would assess the athletics interests of students and provide opportunities according to the results of that assessment, not according to enrollment.

"If one group is twice as interested as the other, than you would expect that group to have twice as many opportunities. And it wouldn't matter which gender was more interested," he said, noting that at some schools more men might be interested, while at other schools more women might be interested.

"We're not challenging Title IX, we're just challenging the three-part test," Joseph said. "That 1996 memo is hurting men's opportunities a great deal. We think that (a test of) equal opportunity based on interest would be plenty to ensure women's opportunities."

At this point, court-mandated deadlines for filings have been met and there is no immediate response required. The court could render a decision or the Department of Justice could make another motion.

Scholarship inequities

On June 18, the National Women's Law Center identified 30 universities and colleges in 24 states that it said had failed to give female student-athletes "their fair share" of athletics scholarship dollars as required by Title IX.

The NWLC reported that the gap amounted to nearly $6.5 million annually at those 30 institutions combined.

"Thirty years after Title IX, our young women are still being shortchanged," said Marcia Greenberger, co-president of the NWLC. "Sex discrimination in athletics scholarships has a harmful and practical impact on female students and their families who are trying to make ends meet while also paying for college tuition."

The NWLC sent letters to the 30 institutions, warning them of their possible Title IX violation and asking that they change their practices.

The NWLC's analysis was based on public information made available by each school under the Equity in Athletics Disclosure Act (EADA). The EADA information is available online at www.ope.ed.gov/athletics.

The athletics scholarship gaps at the 30 institutions range from 4 percent to 17 percent. The average male student-athlete athletics scholarship is $7,875 at those schools, while the average female student-athlete scholarship is $5,744.

"As our investigation shows, we still need continued and greater enforcement of Title IX," Greenberger said. "It takes a long time to root out this kind of persistent discrimination. Now is not the time to weaken policies that have greatly expanded opportunities for female student-athletes."

Greenberger noted that under Title IX, institutions are required to allocate athletics scholarships to males and females within 1 percent of their athletics participation rates. She further noted that the 30 institutions did not represent an all-encompassing list.

"Many others could have been on this list, and we urge schools to evaluate their programs to ensure that they are complying with the law and doing the right thing for their female athletes," she said.

Celebrating on ESPN

At press time, ESPN had planned a first-ever Women and Sports Weekend for June 21-23 on its three networks to commemorate the 30th anniversary of Title IX.

The weekend was set to feature more than 30 hours of women's sport-related live and taped events, specials, documentaries and profiles, including a replay of the 1973 "Battle of the Sexes" tennis match between Billie Jean King and Bobby Riggs.

"Title IX impacts everyone -- from players to coaches to fathers and mothers -- in so many meaningful ways," said ESPN President George Bodenheimer. "This special anniversary provides the perfect backdrop to celebrate the evolving connection between women and sports. Through this ambitious programming initiative, the ESPN family of services is poised to reflect the growth and importance of women in sports."

ESPN's town-hall meeting show June 22 was expected to feature many different opinions on Title IX. Scheduled speakers included Jessica Gavora, senior policy advisor to U.S. Attorney General John Ashcroft and author of a book, "Tilting the playing field: Schools, sports, sex and Title IX," which criticizes Title IX regulations; Geno Auriemma, head women's basketball coach at the University of Connecticut; Olympic gold medalist Nancy Hogshead; and former college football coach Bill Curry, now an ESPN analyst.