Both scholies and numbers are the issue. To defend the instituiton you have to meet one of the three prongs below. The easiest (and most certain) is the substantially proportionate test (#1), thus the one most institutions try to meet.
Three-prong test
HEW's 1979 Policy Interpretation articulated three ways compliance with Title IX can be achieved. This became known as the "three-part test" for compliance. A recipient of federal funds can demonstrate compliance with Title IX by meeting any one of the three prongs.[18]
"all such assistance should be available on a substantially proportional basis to the number of male and female participants in the institution's athletic program."
"male and female athletes should receive equivalent treatment, benefits, and opportunities" regarding facilities.
"the athletic interests and abilities of male and female students must be equally effectively accommodated."[19][20]
"institutions must provide both the opportunity for individuals of each sex to participate in intercollegiate competition, and for athletes of each sex to have competitive team schedules which equally reflect their abilities." Compliance can be assessed in any one of three ways:[18]
1.Providing athletic participation opportunities that are substantially proportionate to the student enrollment. This prong of the test is satisfied when participation opportunities for men and women are "substantially proportionate" to their respective undergraduate enrollment.
2.Demonstrating a continual expansion of athletic opportunities for the underrepresented sex. This prong of the test is satisfied when an institution has a history and continuing practice of program expansion that is responsive to the developing interests and abilities of the underrepresented sex (typically female).
3.Accommodating the interest and ability of underrepresented sex. This prong of the test is satisfied when an institution is meeting the interests and abilities of its female students even where there are disproportionately fewer females than males participating in sports.
Here is all Titile IX says: Title IX is a portion of the Education Amendments of 1972, U.S. legislation also identified using the name of its principal author as the Patsy T. Mink Equal Opportunity in Education Act. It states that
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance...
?United States Code Section 20
I would like to hear the thoughts of others, but I've always thought the best way to attack Title IX would be to challenge the proportionality of traditionally female activiites, eg cheerleading, dance, theater, etc. If you can show that some things should be exempt you may obtain relief.