Title IX 30 Years Later: An In Depth Policy Analysis

Kari Odland ms, atc and Christina Eyers ma, atc

Central Michigan UniversityAthletic Training Education Program, Faculty

Women Rock Cleveland Title IX Conference

March 29,2007

Title IX: The Facts

• The 1970’s– A year or two before title ix’s passage

16,000 college female athletes participated on varsity teams. They did so without scholarship assistance, and little institutional backing for coaches, uniforms, travel, locker rooms or athletic training.

Title IX: The Facts

• The 1980’s– Many changes occurred including

the demise of the AIAW when the NCAA took over women’s athletics and the effects of historic lawsuits and legislation concerning the application of title ix’s jurisdiction to college athletics.

Title IX: The Facts

• The 1990’s– Additional lawsuits provided more

knowledge concerning title ix and focused more on the enforcement of title ix rather than its jurisdiction.

Title IX: The Facts

• The 2000’s– Much of the focus on title ix

centered around the loss of men’s ‘minor’ sports at the hands of administrators who sacrificed them rather than restructure the budgets for ‘premier’ men’s teams in order to meet mandates of providing access to both male and female students.

Policy Analysis

Policy Analysis of Title IX

• The office of civil rights three-part test for participation opportunities begins with the premise that if women’s and men’s rates of participation in intercollegiate athletics are proportionate to their rates of enrollment at the institution, then compliance is presumed

Policy Analysis of Title IX

• The Office for Civil Rights (OCR) is the office in the Department of Education that has the main responsibility for enforcing Title IX.

• The OCR can investigate any school where it believes there may be Title IX problems, but it rarely does.

• In 2001, OCR initiated only two Title IX

reviews of athletic programs.

http://www.titleix.info

Policy Analysis of Title IX

• 80% of all colleges and universities are still not close to being in compliance with title ix after 30 years.

Women’s Sports Foundation. Retrieved May 25, 2006, from

http://womensportsfoundation.org

Policy Analysis of Title IX

• Three Part Test – participation opportunities

1. Provide women and men with participation opportunities at rates that are

proportionate to their respective rates or enrollment as full-time undergraduate students

2. Demonstrate continuing program expansion for the underrepresented sex

3. Fully accommodate the underrepresented sex

Policy Analysis of Title IX

• Test One– Participation proportionate to full-

time undergraduate enrollment

What does that Mean?– Having the same proportion of

women playing sports as are enrolled as undergraduates

Policy analysis of Title IX

• University of Wisconsin

– Overall Enrollment– Female 53%– Male 47%

– Athletic Participation– It was found in the fall of 2000 that the

athletic department was short 25 female student-athletes and was ordered by the federal government that they obtain “equity”

Policy Analysis of Title IX

• James Madison University

– Overall Enrollment – Female 61%– Male 39%

– Athletics Participation– Female 50.7%– Male 49.3%

Policy Analysis Of Title IX

• Test Two– Continued program expansion for

the underrepresented sex

What does that mean?– Having a history and continuing

practice of expanding programs for women

Policy Analysis Of Title IX

• Boulahanis v. Illinois State University, 2000– No women’s team

had been added in over ten years and women’s interests were not fully accommodated.

National Association of college women athletics administration. Retrieved May 21, 2006, from

http://www.nacwaa.org

Policy Analysis of Title IX

• Belmont University

– Was judged to be in compliance in 1998 even though it was still in the process of adding three new women’s teams

– Women’s Soccer, Cross Country, Golf

Policy Analysis of Title IX

• Saint Joseph’s University• No Experience Necessary!• No Early Mornings!

• University of Minnesota• No Experience Necessary!• Looking for Tall Athletes

» (over 5’9”)• Looking for Small Athletes

» (Under 5’3”)• Must Have Athletic Background!• All You Need is Coordination!

Policy Analysis Of Title IX

• Test Three– Fully Accommodate the Underrepresented

Sex– Chosen most often as a compliance

method

What does that mean?– Demonstrates that the women’s sports

program fully and effectively accommodates the interests of female students and potential female students

Policy Analysis of Title IX

• Boucher v. Syracuse University, 1999– Seven Women Lacrosse

club members filed a lawsuit alleging Title IX violations and seeking intercollegiate status for lacrosse, equivalent scholarships and equal treatment in the 11 program components under other athletic benefits and opportunities.

Policy Analysis of Title IX

• Brown University v. U.S. Court of Appeals, 1993

– Ruled that Brown University was not compliant using the third test stating that the option did not mean accommodating women’s interests and ability to the same degree, it meant completely accommodating them.

National Association of college women athletics administration. Retrieved May 21, 2006, from

http://www.nacwaa.org

Considerations of Title IX

Considerations of Title IX

• Sidney A. McPhee– President of Middle Tennessee State

University– Chair, NCAA Subcommittee on Gender

Equity and Diversity

“Each institution has to look within and see what makes sense, and what is doable, keeping in mind the broader goal of providing some balance.”

Considerations of Title IX

• What the public doesn’t know is that these new moneys are being used to fuel the arms races being fought in men’s football and basketball

Considerations of Title IX

• Only 48 athletic programs among the 900+ NCAA member institutions operate at a profit.

National collegiate athletic association. Retrieved May 21, 2006, from

http://www.ncaa.org

considerations of title ix

• University of Notre Dame

– Fiesta Bowl participant in 2006

– $14 million payout

– $14 million dedicated to 3 academic priorities• Undergraduate and Graduate financial aid• Library acquisitions for the 10 libraries on

campus including the Theodore Hesburgh Library

• Equipment for the Jordan Science Hall

Considerations of Title IX

Conclusions

Title IX Conclusions

• One problem is college presidents not putting a stop to the embarrassing waste of money in football and men’s basketball programs

Title IX Conclusions

• Conferences, leagues and the NCAA have not been willing to legislate expenditure limitations, lower scholarship limits or even require fewer games if that’s what it takes to have sufficient resources to make sure that male non-revenue producing sports as well as females get the chance to play

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Gavora, J. (2003). college sports sellout. Retrieved May 21, 2006, from http://www.nationalreview.com

mcmurtre-bonnette, v. (2004). Title ix and intercollegiate athletics: in plain english. good sports inc.: San Diego.

National Association of College Women’s Athletics Administrators. Retrieved May 25, 2006, from http://wwwnacwaa.org

Suggs, W. (2005). New federal policy eases rules for colleges to probes compliance with Title IX. Retrieved May 21, 2006, from http://Chronicle.com

Title IX EXcersise my rights. Retrieved May 21, 2006, from http://www.titleix.infoTitle IX, 30 years later. Retrieved May 25, 2005, from

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http://www.gogopherssports.comStar tribune Newspaper. House gop bill would prevent tax money for u coach

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January 26, 2007 from http://www.startribune.comStar Tribune newspaper. Men’s Basketball: monson out, gophers regroup.

Retrieved January 26, 2007 from http://www.startibune.com

ReferencesThe Business Journal. Ziegler Takes on the Fiesta Bowl Chairman’s Role.

Retrieved January 11, 2007, from http://www.phoenix.bizjournal.comUniversity of Notre Dame. Fiesta Bowl Revenue Direction. Retrieved January 26,

2007, from http://www.goirish.comUS Department of Education. (2003). Open To All: Title IX at 30. Commission

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Encounter Books.: San Francisco.James Madison University. JMU Enacts Proportionality Plan to Comply With Title

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http://www.insiderhighered.comInside Higher Ed. Rally for Title IX Changes. Retrieved November 22, 2006 from

http://www.insidehighered.comInside Higher Ed. College Sports $4 million Man. Retrieved November 22, 2006

from http://www.insidehighered.comUniversity of Oregon. Retrieved January 22, 2007 from http://www.goducks.comSaint Joseph’s University. Retrieved January 22, 2007 from

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http://www.aauw.orgGlazer-Raymo, J. (1999). Shattering the myths: Women in academe. Johns

hopkins University press.: Baltimore.National Collegiate Athletic Association. Retrieved June 13, 2006 from

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Thank You!