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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)

Citation
Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)
Parent Document
Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)
Effective Date
2010-02-08

Other Sections in This Document (68)

Full Text

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Whether a funding recipient has met its “effective accom-
modation” obligation is determined using a “three-part test”
drawn from OCR’s 1979 Policy Interpretation, 44 Fed. Reg.
71,413 (Dec. 11, 1979), and further elaborated in OCR’s 1996
Clarification.9 Congress has specifically authorized OCR to
promulgate regulations governing intercollegiate athletics,10
  9
    We and other circuits have held that both the Policy Interpretation and
the Clarification are entitled to deference under Chevron U.S.A. v. Natural
Res. Def. Council, 467 U.S. 837, 843-44 (1984), and Martin v. Occupa-
tional Safety & Health Review Comm’n, 499 U.S. 144, 150 (1991). See
Neal v. Bd. of Trs., 198 F.3d 763, 770, 771 (9th Cir. 1999); accord
Chalenor v. Univ. of N.D., 291 F.3d 1042, 1047 (8th Cir. 2002); Kelley,
35 F.3d at 270-71; Cohen, 991 F.2d at 896-97.
   10
      “Intercollegiate” refers to varsity and junior varsity teams, as opposed
to club or intramural teams, which do not receive coaching or athletic
scholarships and other benefits listed in the regulations. See supra note 8.
       MANSOURIAN v. REGENTS OF UNIVERSITY     OF   CALIFORNIA 2221
see Pub. L. No. 93-380, § 844, 88 Stat. 612 (1974), and the
resulting three-part test gives universities three options for
demonstrating compliance with Title IX: (1) showing substan-
tial proportionality (the number of women in intercollegiate
athletics is proportionate to their enrollment); (2) proving that
the institution has a “history and continuing practice of pro-
gram expansion” for the underrepresented sex (in this case,
women); or (3) where the university cannot satisfy either of
the first two options, establishing that it nonetheless “fully
and effectively accommodate[s]” the interests of women. 44
Fed. Reg. 71,418.