Wrestling with the Effects of Title IX: Is It Time to Adopt New Measures of Compliance for University Athletic Programs - Chalenor v. University of North Dakota

The Court of Appeals for the Eighth Circuit, following the Department of Education’s policy interpretation and other circuit courts of appeals, held that the University of North Dakota did not violate the men’s wrestling team members’ and recruits’ rights under Title IX when it eliminated the men’s varsity wrestling program. The circuit courts of appeals outside the Eighth Circuit had held that eliminating an athletic progam of an over-represented gender to make athletic opportunities between genders substantially proportionate was a satisfactory means of compliance with Title IX. The Eighth Circuit Court of Appeals reviewed these holdings in developing its opinion. This Note examines how Title IX compliance can be achieved in the context of athletic opportunities in universities and other educational institutions that receive federal financial support.

It also looks at how the goals of Title IX could be more efficiently achieved by revising the policy interpretations that give guidance for complying with the statute.