In order to prove compliance with Title IX’s effective accommodation requirement, a school may establish that it has a history and continuing practice of adding sports for the underrepresented gender, which is usually female student-athletes. Why did Brown University fail to prove compliance on this ground? The issue of a history of continuous expansion has been examined in subsequent cases. In those cases, and among commentators, it is understood that the expansion needs to be continual and, where possible, done according to a formal policy or plan. See Boucher v. Syracuse University, 164 F.3d 113 (2d Cir. 1999), discussing the second part of the three-part test.