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Titile IX

participate as amicus curiae at trial, which is scheduled for February, 2001. [18]After a Title IX violation has been established, it is important to figure out what can be done about it. First, the school can discontinue a men's team. This approach renders the opportunity equal for both sexes, but the underlying goal of Title IX is to foster female participation, not to deny athletic opportunity to both sexes. Second, the school can let the female try out for the men's team, thereby permitting both sexes to compete on the same team. Finally, they can establish a separate team for the girls, provided it is equivalent to the men's team. “An equivalent program includes comparable facilities, equipment, supplies, uniforms, coaches, tutors, playing time, practice time, medical care, and publicity.” [16]In O'Connor v. Board of Education of School District Number 23, 545 F. Supp. 376 (N.D. Ill.) 1982, the plaintiff was an eleven-year-old girl who wanted to play on the boys' basketball team. The school had a girls' basketball team. An athletic association rule prohibited the plaintiff to try out for the boy's team. “The school district argued that separate teams maximize the participation of both sexes in interscholastic sports, and that the separate team policy is substantially related to this goal. By maintaining separate programs, defendants enable girls to participate in interscholastic sports.” The court said, that because gender discrimination was an issue, one must evaluate the case while considering the physical differences between boys and girls at age eleven. The girl argued that separate teams did not maximize the opportunities for either sex. The court found no reason or rule to make it necessary for this girl, or any other talented female athlete, to be able or to have to be allowed to try out for the boys’ team. [19]No one is arguing that Title IX regulations require, and it has not been held,...

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