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Titile IX

boxing. The courts in the wrestling cases decided that girls on the wrestling team violated the goal of health and safety protection of the girls. However, it must be noted that there is still a school discretion involved in making the decision. This year at the Michigan State Wrestling Tournament (an invitation only tournament where the best of the best meet), there were two girls present and wrestling. One of the girls was knocked out in the first round, and one made it all of the way to the semi-finals. With all of the major four, and some others, falling to the side of contact sports, what can be considered non-contact? Tennis, Track, Swimming, Golf and Cross-Country Skiing have all been traditionally classified as non-contact. There are many other sports the court has not yet ruled on, but with the “contact sports” exception, it is getting easier and easier for school districts to discriminate against females and still be in compliance with Title IX. “An important issue remains unsettled, namely, on what type of team may a male or female participate. Presently, the first inquiry to be made is whether the team involves a contact or non-contact sport. The second inquiry to be made is whether there exists only a men's team, or only a women's team, or both. The result is eight generalizations: (1) If there is a men's team in a contact sport, but no women's team, generally women may play on the men's team on constitutional grounds, but not Title IX grounds, unless the school voluntarily provides for co-educational participation on the designated contact sport; (2) If there is a men's team in a contact sport and a women's team, generally women may not play on the men's team, on both Title IX and constitutional grounds; (3) If there is no men's team in a contact sport, but a women's team, men could be prohibited from participating pursuant to Title IX; however there is little case law addressing this unusual situ...

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