Substantive Equality

Background:  A female Women’s Studies professor at a co-educational college does not let men enroll in her feminist ethics course, arguing that, in her experience, male students inhibit the participation of women.  As an alternative for male students, she offers one-on-one tutorials, which about a dozen men have taken since she began teaching in 1996.  She is sued by a male student under Title IX, and under the Fourteenth Amendment’s equal protection clause.     Questions:     1)     Who should win the lawsuit—the professor or the male student?  Explain your answer.   2)     Does the professor’s policy raise an issue of substantive equality?  Explain your answer.