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20 Nov
2020

Why didn’t Nichole Force assert a Title IX claim that she was being discriminated against by being prohibited from an activity (…

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Both the Equal Protection Clause and Title IX’s regulations permit “separate but equal” athletic teams in the same sport for both sexes. When there are “separate but equal” teams, in assessing equality one court noted, “There may be differences depending upon the effects of such neutral factors as the level of student interest and geographic locations. Accordingly, the standard should be one of comparability, not absolute equality.” Hoover v. Meiklejohn, 430 F. Supp. 164, 170 (D. Colo. 1977). Why didn’t Nichole Force assert a Title IX claim that she was being discriminated against by being prohibited from an activity (playing football) because of her sex? Title IX regulations §106.41(b) states:

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