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Power-Play: UND Women’s Hockey Suit Challenging Title IX Gets Green Light

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Every sports law scholar and attorney can likely recite the famous “three-part test” (the “Test”) used in analyzing an athletic department’s compliance with Title IX of the Education Amendments Act of 1972 (“Title IX”). This prominence is likely due to federal appellate courts universally relying on the Test to evaluate sex discrimination in sports for almost thirty years. This focus from the courts, along with the many detailed interpretations of the Test by the United States Department of Education’s Office of Civil Rights (“OCR”), has entrenched the Test “as the foundation for understand and assessing Title IX compliance.”

However, is the Test the only standard in evaluating such cases? Perhaps not.



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