nding for teams of one sex in “assessing equality of opportunity for members of each sex.” [11] Thus, at this stage in the statutory interpretation of Title IX, the administrative agency appeared to focus more aggressively on “equal opportunity” aspects of compliance as opposed to “equal expenditures.”Following the initial issuance of the regulations, HEW received more than one hundred discrimination complaints covering more than fifty schools. [13]The Policy Interpretation found that the 1975 regulations suggested three areas of compliance necessary to avoid a Title IX violation. It summarized these areas as (1) compliance in financial assistance (scholarships) based on athletic ability; (2) compliance in other program areas (equipment and supplies, practice times, etc.); and (3) compliance in meeting the interests and abilities of male and female students. [14] HEW's goals in adopting this framework were to foster compliance with Title IX by ensuring that “institutions remain obligated . . . to accommodate effectively the interests and abilities of male and female students with regard to the selection of sports and levels of competition available.” This would entail, in most instances, “development of athletic programs that substantially expand opportunities for women to participate and compete at all levels. How were institutions to discern whether or not they were "effectively accommodating” these interests and abilities? The Policy Interpretation stated that HEW would begin by examining three factors under this compliance standard to assess whether interests and abilities were being met. First, was the school determining the athletic interests and abilities of its students accurately, ensuring that its “methods of determining interest and ability” were not “disadvantaging the members of an underrepresented sex?” [15] Second, what selection of sports...
