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[QUOTE="Hoo's That, post: 5104217, member: 3609"]
And before anyone says anything, the "activity receiving Federal assistance" is considered the schools.

The Title IX problem is the 85-scholarship elephant sitting in the corner that no one wants to mention (i.e., football).  Today, because of a variety of factors most schools have a majority female student body.  (We can argue about why this is good, bad, or indifferent from now until doomsday.)  The Education Department, which is responsible for enforcing Title IX, has cut extraordinary slack to colleges and has accepted making honest efforts to expand opportunities for women as part of compliance, even though it doesn't have to under the law.  If some administration tries to make the revenue/non-revenue distinction through executive order, they can expect to lose in the courts because the "black letter law" (what's written on the page) doesn't make that exemption and the legislative history of passage works against it.  Senator John Tower (R-TX) tried to get football exempted when Title IX was under consideration in Congress and was soundly rebuffed.
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