On 51st Anniversary of Title IX, Sherrill Fights for Accountability in the NCAA

Washington, DC — Representative Mikie Sherrill (NJ-11) introduced a resolution today, on the 51st anniversary of Title IX, that affirms that the National Collegiate Athletics Association (NCAA) is subject to Title IX and must make every effort to prevent sex discrimination in its programs and activities.

“The mandate of Title IX to end the discrimination based on sex in education programs has had ripple effects throughout our society—advancing equality, opportunity, and quality of life for millions of Americans. In the decades since becoming the law of the land, women’s athletics have come incredibly far but unfair inequities and lack of investment still remains, particularly within the NCAA,” said Rep. Sherrill. “Despite push back, I believe Title IX applies to the NCAA and they must do more to prevent discrimination in their programs. On this anniversary of Title IX, I am putting forth a resolution to affirm that.”

In 1999, the Supreme Court ruled in NCAA vs. Smith that the NCAA is not subject to Title IX by virtue of the dues it receives from its federally funded member schools. However, the Supreme Court left open the question of whether the NCAA is subject to Title IX on alternative grounds, including based on its controlling authority over member schools’ federally funded athletics programs.

Member schools of the NCAA cede control to the organization by allowing it to host 90 intercollegiate championship tournaments in 24 sports across 3 divisions. During championship tournaments, the NCAA controls the medical, training, housing, dining, and competition facilities, dictates the tournament schedule, and the publicity and promotion of the teams. In years past, the NCAA provided inequitable benefits and services to women’s teams, for example during the 2021 March Madness for women’s basketball. This is contrary to the letter and spirit of Title IX and undermines efforts to ensure gender equity in sports and society writ large.

In addition to urging the NCAA to combat sex discrimination, the resolution urges NCAA leadership to make it a top priority of the organization to expeditiously and thoroughly consider the recommendations made by the independent law firm, Kaplan Hecker & Fink, whom they hired to conduct a comprehensive review of gender equity issues in NCAA sports.

Congresswoman Mikie Sherrill is a leading voice on advancing gender equity in youth, collegiate, and professional sports and ensuring school programs live up to the mandate of Title IX. She introduced the Women in NCAA Sports (WINS) Act, bipartisan legislation that addresses and promotes fairness for NCAA women’s sports programming. She shepherded in the passage of the Equal Pay for Team USA Act that would require that all athletes representing the United States in global amateur athletic competitions receive equal compensation and benefits in their sport, irrespective of gender. It also would require equal medical care, travel arrangements, and reimbursement of expenses. Sherrill is fighting to award tennis legend Billie Jean King a Congressional Gold Medal for her work advancing women’s rights in America. Her 2023 State of the Union guest was two-time World Cup champion, Olympic gold medalist, and equal pay advocate Kelley O’Hara.