Resisting Rulemaking: Challenging the Montana Settlement\u27s Title IX Sexual Harassment Blueprint

Every university and college across the nation—with the exception of three—accepts federal financial assistance. Consequently, in the world of higher education, the impact of administrative regulation and compliance that accompanies federal funding cannot be overstated. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance. The text of Title IX states that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Since its enactment in 1972, Title IX most often has been associated with bolstering the participation of female students in athletics. Title IX has generally been associated with the athletic arena, although the statute does not expressly address athletics