This is false. Proportionality is not limited to scholarships. Indeed, proportionality of scholarships is not actually required, though it would be difficult to satisfy Title IX if they are far out of balance over a long period. What Title IX requires, in regards to athletics and according to a large body of case law, is that an institution must provide athletic opportunities substantially proportional to gender representation in the institution as a whole. One aspect of this is that there must be substantially proportional access to such opportunities, and proportional scholarships are one of the three ways that a school can demonstrate compliance. It does have extra importance, because providing proportional scholarships provides a safe harbor, while the other two are subject to litigation. The three tests are:
(1) Whether intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments; or
(2) Where the members of one sex have been and are underrepresented among intercollegiate athletes, whether the institution can show a history and continuing practice of program expansion which is demonstrably responsive to the developing interest and abilities of the members of thatsex; or
(3) Where the members of one sex are underrepresented among intercollegiate athletes, and the institution cannot show a continuing practice of program expansion such as that cited above, whether it can be demonstrated that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program.
Item one is not specifically about scholarships. A school that does not offer them must still provide proportional opportunities on varsity teams to satisfy the test.
