In 1979, Penn State's men's basketball team played in Rec Hall. The women's team played in the White Building.
In 1979, the men's team had closed practice; the women's team did not.
The women's program did not even have a training table.
In 1979, things were different between the two programs.
But now, more than 25 years later, Penn State women's basketball coach Rene Portland said that all that has changed. The Lady Lions now play in the Bryce Jordan Center like the men do, and the two teams get identical treatment right down to their locker rooms and coaches' offices.
"We've gone from the outhouse to the penthouse, but we're not in the penthouse completely," Portland said, adding that her program is "living proof" that Title IX is working.
However, on March 18, the Department of Education's Office of Civil Rights (OCR) issued a clarification to the third prong of Title IX, which will essentially give universities a standardized way to measure interest in women's sports.
The OCR's clarification says that universities can now use student surveys to evaluate the interest in women's sports. If results indicate that students have no interest to add another women's sport, then the university could choose not to add any sports and still be in compliance with Title IX.
One complaint of this new system is that an unreturned survey can be counted as a vote of no interest. This being so, women's athletic programs across the nation could be in danger.
Susan Delaney-Scheetz, Penn State's associate athletic director and senior women's administrator, said that the change will not affect the university but could potentially influence other schools.
"For us to send out a survey and say we didn't get a response enough back for interest, we would never be able to use that," she said. "But I would imagine that some schools would be able to take advantage of this and probably use it so that they wouldn't have to add women's teams. And conversely, then by not having to add women's teams in a strict budget, they wouldn't have to drop men's teams to add women's teams."
Portland agrees that the clarification will not affect Penn State but also said that it will not affect women's sports at all. She said it is just another "piece of paper" that will have no bearing whatsoever.
"People know that [women's programs] are supposed to be treated the same," she said.
Title IX states that no program receiving federal funding, including athletics, can deny opportunities to individuals on the basis of sex.
But, since Title IX was enacted in 1972, collegiate athletic fields have become the central battleground for debate. Proponents of the law argue that Title IX has clearly been pivotal in the advancement of women's sports, while people on the other side of the picket lines say the law has been the reason many men's sports have been cut.
To be in compliance with Title IX, universities must meet one of Title IX's three "prongs." The first prong is providing proportional opportunities to male and female athletes, the second is showing a clear evolution of women's sports, and the third is accommodating all interests.
Up to this point, schools primarily used the proportionality prong, which says that all athletic opportunities must be in proportion to the number of men and women enrolled at a university. For example, Penn State's student body is 46.4 percent female and 53.6 male, as of fall 2004, according to the university. That means that 53.6 percent of the athletic opportunities at Penn State must be offered to males and 46.4 percent to females.
"Most institutions will end up using the proportionality because that's grounded," Delaney-Scheetz said. "You can easily decide: Do you meet it or don't you meet it."
However, universities have been asking the federal government to set measurements of interest so they can use the third prong (accommodating all interests) more.
"Up until this point, there's never really been a finite rule attached to how do you accommodate interest," Delaney-Scheetz said.
The clarification gives schools what they were looking for -- a way to gauge the interest level in sports. However, the change has been criticized for being too simple.
"That system is flawed ... you have really got to look at why students came there in the first place," Delaney-Scheetz said. "I think that's where the Title IX proponents' side is coming from, is that you just can't evaluate the students that are already there. You need to go into other institutions around you to see what interests they have, of what students are coming to their institutions, and you have to look at the high schools to see what interest is also there."
The Department of Education did not return several messages to comment on the clarification.
Delaney-Scheetz said it wouldn't make sense for Penn State to use the third prong because the school has been way ahead of other schools when considering the amount of athletic opportunities offered, citing the success of women's varsity and club sports on campus.
But for every person that praises Title IX, there is a critic, even at Penn State, who believes it has unfairly hurt men's sports.
"You've got guys taking it on the chin left and right. Whoever dreamed it up had to be second cousin to an idiot," Penn State men's track and field coach Harry Groves said. "Abe Lincoln said you don't get rid of one set of slaves by creating another one. That's exactly what they've done. They got the women out of trouble and put the guys in it."
Groves said the clarification will not bring any resolution to the Title IX debate. Rather, the only route to a Title IX solution goes through the highest judicial authority.
"They're wasting their time until they go through the Supreme Court," he said.
Groves also said that universities should abide by Title IX but publicly disagree with it. Once enough people disagree, he said, the law would be changed for the better.
But no matter the effect it has had on men's athletics, Title IX has drastically changed the face of women's athletics.
According to the National Association for Girls and Women in Sport, the number of women participating in sports has rocketed from 31,852 in 1972 to 150,916 in 2001.

