NCAA President Myles Brand recently told USA Today that he expect that member institutions will cut athletic teams in the coming months due to financial pressures stemming from problems with the economy. He is encouraging member institutions not to cut teams and engage in a strategy of belt tightening in "highly visible sports" (read: football) instead. Additionally, he is encouraging them to be honest that "Any cuts at this point in sports are certainly going to be tied to financial pressures" and not blame them on Title IX.
And not that I would expect readers of the Title IX Blog to be duped by the College Sports Council's criticism that Brand is asking member institutions to "join him in a whitewash," no one is denying that Title IX operates once the decision to make cuts has been made. The regulations appropriately and fairly operate to protect whichever sex has proportionately fewer opportunities to begin with (usually women) from taking the hit. What Brand is talking about is blaming Title IX for the causing the cuts in the first place a la JMU and Rutgers.