Abstract:
In June of 1973, Gwen Gregory of the Department of Health, Education and Welfare's Office for Civil Rights was chosen to head that department's task force on the regulations to implement Title IX. A provision of the Education Amendments passed by Congress in 1972, this statute forbids sexual discrimination in schools that receive federal financial aid. However, Title IX was extremely vague as written, and designing regulations for its implementation was therefore difficult. In addition to ambiguous text, Title IX had a legislative history that was unenlightening with regard to the intent of the statute.The case focuses on the problems of defining the intent of Title IX and, once the meaning is clarified, implementing new regulations.
Learning Objective:
Possible discussion points include: How can Gregory more clearly define the meaning of Title IX? Is this in fact her responsibility, or the duty of Congress or the courts? Since the issue of sex discrimination is sensitive, Congress has "avoided the heat" by producing a vague statute. How can Gregory create a process that will conduct some of the heat to other agencies or arms of government in a way that will create clarity, not a firestorm of controversy?
