Title IX

When charges of discrimination are filed, the plaintiffs usually base their arguments

on:

Equal Protection and Due Process…

State equal rights amendments…

Some form of federal Civil Rights legislation…

Historically…Historically…

1872- U.S. Supreme Court stated 1872- U.S. Supreme Court stated ““womanwoman’’s place is in the homes place is in the home””

1908- Supreme Court held that 1908- Supreme Court held that ““gender classificationgender classification”” was was a valid constitutional classification and WAS NOT a valid constitutional classification and WAS NOT

considered a violation of equal protectionconsidered a violation of equal protection 1971- Connecticut judge stated that 1971- Connecticut judge stated that ““athletic athletic

competition builds character in our boys. We do not competition builds character in our boys. We do not need that kind of character in our girlsneed that kind of character in our girls””

Gender was an acceptable category for classifying persons for different benefits

and burdens under the law…

Men’s Sport Culture

Large, well

organized, well

funded hierarchical

system

* Community-based Youth Sports Programs

* Intercollegiate level sports

* Interscholastic Sports

“The Dream”

Professional Sports Model

Values:--Strength, power, competition, survival of the fittest,

opponent is the enemy, financial rewards

--idealized, promoted, rewarded successful, elite athletes

--established “The Dream” of a professional career in sports

--Viewed mass participation as a tool of exclusion used to weed out the weak and generate a spectator fan base

Women’s Sport Culture Physical Education/Olympism

ModelPromoted

participation regardless of ability

and emphasized

lifelong commitment to wellness

Enjoyment

Controlled: social form of competition

Healthy Recreation

Values --Self-development, opponent viewed as a “devils advocate” pushing athletes to higher level of play

--stressed cooperative teamwork over individual elitism

--”Pay for Play” did not exist and was viewed as corrupt and undesirable

-- “A sport for every girl and every girl

in a sport”

Historically…•Sports reflected the “cultural norms” that

perpetuated sex stereotypes and myths about what is “RIGHT” for a woman to do…

•For the first one hundred years of college sports – there were no women’s intercollegiate

sports…

•Few women were “allowed” access to the “fame and fortune” that men had historically enjoyed

•In 1971, only 7.5% (300,000) of high school athletes were female… 1 in 27 girls participated in sport, 1 in 2 boys participated

•In colleges, 15% of athletes were women and their programs received about 2% of the overall Athletics Budget

Prior to 1972 approximately 50,000 men were on athletic scholarships, and fewer than 50 women

When women’s programs began to be introduced at the high school and college

level…..

The design of those programs reflected a lack of access to financial and facility

support:

Historically…

•Funding•Participation Opportunities

•Facilities/Administration/Coaching

•Civil Rights laws have historically been a powerful mechanism for effecting social change in the United States.

•Women’s Civil Rights Movement gained momentum in the late 1960’s and early 1970’s,

•American’s began to focus attention on inequalities that inhibit the programs of girls and women in education

•9 percent of medical degrees went to women

•1 percent of dental degrees were awarded to women

•Of the doctoral degrees awarded, 25 percent went to women

In 1972

•Issues of sex bias in education moved into the public policy realm when Representative Edith

Green (R, Oregon) introduced an education bill with provisions regarding sex equity -- the hearings she held were the first ever devoted to

this topic and are considered the first legislative step toward enacting Title IX.

•1971 -- Five proposals -- all different, in the House, Senate, and White House proposed to end sex discrimination in education

•House-Senate Conference Committee worked for several months to settle on the over 250 differences in House-Senate Bills…. The final legislation became Title IX

Education Amendments of 197220 U.S.C. 1681 et. Seq.

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational programs or activity receiving federal

financial assistance.

-- From the preamble to Title IX of the Education Amendments of 1972

Equal Opportunity in Athletics• Athletic Financial Assistance

• Accommodation of Athletic Interests and Abilities

Three Prong Test

• Other Program Areas:all other benefits, opportunities, and treatments

afforded to sports participants are to be equivalent, but not necessarily identical

Athletic Financial Assistance

~ Financial Proportionality

~ Total Amounts of athletics aid must be substantiality proportionate to the ratio of male and female athletes

1. Substantial Proportionality. Demonstrate that participation opportunities for each sex are proportional to enrollment; OR

2. History and Continuing Practice. Show a history of expansion in its women’s athletics programs; OR

3. Effectively Accommodating Interests and Abilities.Demonstrate that the interests and abilities of

members of the underrepresented sex have been fully accommodated by the present program.

-- from the 1979 Policy Interpretation 944 Fed. Reg. 71413 et. Seq.)

Effective accommodation of studentEffective accommodation of studentss’’ interests and abilities interests and abilities

Opportunities for males and females substantially Opportunities for males and females substantially proportionate to their respective enrollmentsproportionate to their respective enrollmentsWhere one sex has been underrepresented, a history Where one sex has been underrepresented, a history and continuing practice of program expansion and continuing practice of program expansion responsive to the developing interests and abilities of responsive to the developing interests and abilities of that sex.that sex.Where one sex is underrepresented and cannot show Where one sex is underrepresented and cannot show a continuing practice of program expansion whether it a continuing practice of program expansion whether it can be demonstrated that the interests and abilities of can be demonstrated that the interests and abilities of that sex have been fully and effectively that sex have been fully and effectively accommodated by that present program.accommodated by that present program.

EMAIL SURVEYEMAIL SURVEY

Other Program Areas: Benefits, opportunities and treatmentBenefits, opportunities and treatment

Equipment and suppliesEquipment and suppliesScheduling of practice and competitionScheduling of practice and competitionTravel and per diemTravel and per diemOpportunities for coaching and academic tutorsOpportunities for coaching and academic tutorsAssignment and compensation of coaches and Assignment and compensation of coaches and academic tutorsacademic tutorsLocker room, practice and competitive facilitiesLocker room, practice and competitive facilitiesMedical and training facilities and servicesMedical and training facilities and servicesHousing and dining facilities and servicesHousing and dining facilities and servicesPublicityPublicity

Equal Opportunity has been fought at many levels over the years:

•Primary opponent in the early stages was the NCAA;

Absorbed women’s sports programs in the early 1980’s and created championship play basically eliminating the women’s

sports model that had been in existence

Hard HistoryHard History1972 • passage of Title IX.1972 • passage of Title IX.

1974 • Javits Amendment: HEW must issue Title IX regulations. 1974 • Javits Amendment: HEW must issue Title IX regulations. ““……with respect to intercollegiate athletic activities, reasonable with respect to intercollegiate athletic activities, reasonable

provisions, considering the nature of particular sports.provisions, considering the nature of particular sports.””1974 • Amendment to exempt revenue-producing sports from Title 1974 • Amendment to exempt revenue-producing sports from Title

IX rejected.IX rejected.1975 • Bills to alter Title IX athletics coverage die in committee1975 • Bills to alter Title IX athletics coverage die in committee

1975 • HEW issues final regulations, reviewed by Congress, signed 1975 • HEW issues final regulations, reviewed by Congress, signed into law with provisions banning sex discrimination and establishes into law with provisions banning sex discrimination and establishes

3-year time frame to be compliant.3-year time frame to be compliant.1975 • Congress reviews Title IX regulations and doesn1975 • Congress reviews Title IX regulations and doesn’’t t

disapprove.disapprove.1975 & 1977 • Senate refuses to act on bills to curtail Title IX 1975 & 1977 • Senate refuses to act on bills to curtail Title IX

enforcement.enforcement.1979 • HEW issues final policy interpretations - Rather than relying 1979 • HEW issues final policy interpretations - Rather than relying on presumption of compliance, final policy focuses on institutionon presumption of compliance, final policy focuses on institution’’s s

obligation to equal opportunity and details factors to assess obligation to equal opportunity and details factors to assess compliance.compliance.

1980 • DOE established, OCR given oversight responsibilities.1980 • DOE established, OCR given oversight responsibilities.

Hard HistoryHard History1984 • Grove City vs. Bell: only programs/activities receiving direct 1984 • Grove City vs. Bell: only programs/activities receiving direct Federal assistance held to Title IX. (RFederal assistance held to Title IX. (Removed Title IX application from

Athletics)

1988 • Civil Rights Restoration Act: mandated all educational 1988 • Civil Rights Restoration Act: mandated all educational institutions receiving federal aid be bound by Title IX. institutions receiving federal aid be bound by Title IX. ((Civil

Rights Restoration Act is initially vetoed by Ronald Reagan…Congress overrides)

1990 • Title IX investigational manual published.1990 • Title IX investigational manual published.

1992 • Franklin vs. Gwinnett County Public Schools. Supreme 1992 • Franklin vs. Gwinnett County Public Schools. Supreme Court ruled unanimously that Title IX plaintiffs are eligible for Court ruled unanimously that Title IX plaintiffs are eligible for

punitive damages when intentional action to avoid Title Ix punitive damages when intentional action to avoid Title Ix compliance is established.compliance is established.

1992 • Gender Equity Study.1992 • Gender Equity Study.1994 • Equity in Athletics Disclosure Act (EADA).1994 • Equity in Athletics Disclosure Act (EADA).2005 Clarification of the Three-prong approach2005 Clarification of the Three-prong approach

In addition to Title IX, three pieces of supporting and related legislation have been

enacted:

The Women's Educational Equity Act of 1974 provides for federal financial and technical support to local efforts to remove barriers for

females in all areas of education through, for example, the development of model programs, training, and research.

Title IV of the Civil Rights Act of 1964 provides for support to schools to comply with the mandate for nondiscrimination by providing funds for regional Desegregation Assistance Centers and grants to state education

departments for providing more equitable education to students.

The 1976 amendments to the Vocational Education Act of 1963 require states to act affirmatively to eliminate sex bias, stereotyping, and

discrimination in vocational education

Equity in Athletics Equity in Athletics Disclosure ActDisclosure Act

Number of male/female participation slotsNumber of male/female participation slotsTotal operating expenses for menTotal operating expenses for men’’s and womens and women’’s s sportssportsNumber of male/female head coachesNumber of male/female head coachesNumber of male/female assistantsNumber of male/female assistantsAmount of athletics scholarship money allocated to Amount of athletics scholarship money allocated to males/femalesmales/femalesSalaries for coachesSalaries for coachesAmount of recruiting dollars for men/womenAmount of recruiting dollars for men/women

http://ope.ed.gov/athletics/Search.asp

http://bailiwick.lib.uiowa.edu/ge/REresources.html

Interscholastic Level

Pre-Title IX•300,000 interscholastic athletes were female….7%

of all athletes

•132,299 High School girls participate in basketball

•1 in 27 girls participated in school sports, while 1in 2 boys participated

Today•Over 2.4 million high school girls participate in

organized sports…. 39% of all athletes -- not a lack of interest, it was a lack of opportunity...

•Over 400,000 High School girls participate in basketball…..300 % increase since 1972

•1 in 3 girls participated in school sports, 1 in 2 boys

•Approximately 41% of US Soccer players are girls and women

•Over 300 girls played HS football•700 girls were wrestlers

•350 baseball players on boys teams were girls

NCAA datahttp://bailiwick.lib.uiowa.edu/ge/REresources.html

Intercollegiate LevelPre-Title IX

•Estimated 50,000 men were attending college on athletic scholarships and fewer than 50 women

•15% of college athletes were women•Women’s sports received on 2% of overall athletic budgets

•Women coached 90% of women’s teams

Today•College women receive between 30-35% of all scholarship money

nationally, approx. 24,000•Over 100,000 women compete intercollegiately, or 37% of all college

student-athletes•23% of athletic department’s operating budgets go to women’s sports•Women’s college basketball attendance has increased each year for

the past 17 years• Women coach 47.5% of women’s teams

Courtesy of Women’s Sports Foundation

NCAA

RESEARCH

SITE


General Accounting OfficeGeneral Accounting OfficeStudy on NCAA & NAIA menStudy on NCAA & NAIA men’’s teamss teams

1981-1982 1998-1999 Difference

# of men’s teams 9,113 9,149 +36 teams

# of male student athletes 220,178 231,866 11,688

(+5%)

GAO 1999http://bailiwick.lib.uiowa.edu/ge/REresources.html

NCAA all divisionsNCAA all divisions

MenMen’’s teams dropped and added 1988-2002s teams dropped and added 1988-2002

# Added teams # Added teams 1,9381,938

# Dropped teams# Dropped teams 1,8771,877

Net gain Net gain + 61 teams + 61 teams

NCAA 2003 datahttp://bailiwick.lib.uiowa.edu/ge/REresources.html

MenMen’’s teams dropped and s teams dropped and added 1988-2002added 1988-2002

Division IIIDivision III# Added# Added 10021002# Dropped# Dropped 790790 Net gainNet gain + 212 teams+ 212 teams

Division IIDivision II# Added # Added 494494# Dropped # Dropped 471471 Net gain: Net gain: +23 teams +23 teams

Division IDivision I# Added # Added 442442# Dropped# Dropped 616616

Net Loss Net Loss -174 teams-174 teams


Summary: Losses/gains in Summary: Losses/gains in NCAA menNCAA men’’s teamss teams

Division III Division III +212 teams+212 teams

Division II Division II +23 teams+23 teams

Division I-AAADivision I-AAA -31 teams-31 teams

Division I-AADivision I-AA -38 teams-38 teams

Division I-A Division I-A -109 teams-109 teams


* Wrestling -99* Tennis -53* Rifle -33* Gymnastics -32* Fencing -23 Swimming/diving -22

* Lost teams in all 3 divisions

NCAA menNCAA men’’s teams (all divisions):s teams (all divisions): greatest number lost 1988-2002 greatest number lost 1988-2002


2001


Daniel L. Fulks, 2001


Comparison of Gender Equity Comparison of Gender Equity Survey (92) and EADA (97, 02) Survey (92) and EADA (97, 02)

Division IADivision IA19921992 19971997 20022002

MaleMale FemaleFemale MaleMale FemaleFemale MaleMale FemaleFemale

ParticipationParticipation 71%71% 29%29% 66%66% 34%34% 56%56% 44%44%ScholarshipsScholarships 72%72% 28%28% 66%66% 34%34% 59%59% 41%41%

Op. BudgetOp. Budget 80%80% 20%20% 79%79% 21%21% 71%71% 29%29%

RecruitingRecruiting 84%84% 16%16% 75%75% 25%25% 70%70% 30%30%

Female undergraduate population in Division IA: 52% From the Chronicle of Higher Education


Changes in operating expenses NCAA Changes in operating expenses NCAA gender equity survey resultsgender equity survey results

Division I-ADivision I-A19921992 19971997 IncreaseIncrease

MenMen 1,049,0001,049,000 2,429,0002,429,000 1,380,0001,380,000WomenWomen 263,000263,000 663,000663,000 400,000400,000

Division IIDivision II19921992 19971997 IncreaseIncrease

Men Men 190,470 190,470 177,500177,500 -12,970-12,970Women Women 73,300 73,300 91,50091,500 18,20018,200

Division IIIDivision III19921992 19971997 IncreaseIncrease

MenMen 112,400112,400 127,200127,200 14,80014,800WomenWomen 56,12056,120 73,40073,400 17,28017,280


Growing deficits in athletic programsGrowing deficits in athletic programs

19931993 19991999 20012001

I-AI-A -$2.10-$2.10 -$3.30-$3.30 -$3.80-$3.80

I-AAI-AA -$1.91-$1.91 -$2.69-$2.69 -$3.60-$3.60

I-AAAI-AAA -$1.44-$1.44 -$2.61-$2.61 -$3.10-$3.10

II with FBII with FB -$0.91-$0.91 -$1.24-$1.24 -$1.40-$1.40

II w/o FBII w/o FB -$0.55-$0.55 -$0.98-$0.98 -$1.20-$1.20Daniel L. Fulks, 2001


Daniel L. Fulks, 2001http://bailiwick.lib.uiowa.edu/ge/REresources.html

NCAA Gender equity report WomeNCAA Gender equity report Womenn’’s percentages 2001-2002s percentages 2001-2002

DivisionDivision UndergradUndergradpercentpercent

D-I Ave.D-I Ave.percentpercent

ParticipationParticipation D-I Ave. D-I Ave. percentpercent

ScholarshiScholarshipp


RecruitingRecruiting D-I Ave.D-I Ave.percentpercent

Total Total ExpenseExpense


IAIA 5252 53.553.5 4343 4444 4141 4444 3030 3333 3030 3434

IAAIAA 5555 4242 4343 3535 6969 3434

IAAAIAAA 5858 5050 5555 4444 4848 3434

IIII 5656 3939 4242 3636 4141

IIIIII 5656 4040 ---- 3434 4141

AverageAverage 54.554.5

From Gender Equity report 2001-2002


NCAA Gender Equity ReportNCAA Gender Equity ReportTravel, equipment, uniformsTravel, equipment, uniforms

DivisionDivision MenMen WomenWomen

I-AI-A 6767 3333

I-AAI-AA 6161 3939

I-AAAI-AAA 5454 4646

All D-IAll D-I 6464 3636

IIII 5858 4242

IIIIII 5858 4242

NCAA Gender Equity report 2001-02

April 16, 1993 April 16, 1993 US Court of US Court of AppealsAppeals

Cohen, et al Cohen, et al vs. Brown vs. Brown UniversityUniversity

Class action. Effective accommodation of interests/ Class action. Effective accommodation of interests/ abilities. Reinstated womenabilities. Reinstated women’’s gymnastics and s gymnastics and volleyball. $6 million to fight a $150,000 annual volleyball. $6 million to fight a $150,000 annual expense!expense!

July 16, 1993 July 16, 1993

SettledSettledSanders et al Sanders et al vs. U. Texas at vs. U. Texas at AustinAustin

Class action. Added softball, soccer, increased Class action. Added softball, soccer, increased walk-ons, and capped men.walk-ons, and capped men.

July 19, 1993 July 19, 1993

SettledSettledKiechal et al Kiechal et al vs. Auburn Uvs. Auburn U

Class action followed by Title IX complaint. $140,000 Class action followed by Title IX complaint. $140,000 to plaintiffs, started womento plaintiffs, started women’’s varsity soccer with s varsity soccer with $200,000 budget, field and scholarship timetable.$200,000 budget, field and scholarship timetable.

Oct. 21, 1993 Oct. 21, 1993

SettledSettled

California California NOW vs. NOW vs. California California State State University University systemsystem

Class action. Timetable for progress. Opportunities Class action. Timetable for progress. Opportunities and aid within five percent and funding within 10 and aid within five percent and funding within 10 percent.percent.

Title IX LawsuitsTitle IX Lawsuits

Universities have the right to Universities have the right to reduce number of male reduce number of male

athletesathletesCal-State BakersfieldCal-State Bakersfield

Preliminary injunction to keep wrestling in Preliminary injunction to keep wrestling in Feb. 1999, Panel of U.S. Court of Appeals did Feb. 1999, Panel of U.S. Court of Appeals did not uphold.not uphold.

Illinois StateIllinois StateDropped menDropped men’’s soccer and wrestling and s soccer and wrestling and added womenadded women’’s soccer. Panel of U.S. Court of s soccer. Panel of U.S. Court of Appeals dismissed lawsuit.Appeals dismissed lawsuit.

Equal pay and/or wrongful Equal pay and/or wrongful terminationtermination

Sex discrimination. Earned $70,000, Sex discrimination. Earned $70,000, seeks parity with menseeks parity with men’’s coach, s coach, seeking $8 million and reinstatement.seeking $8 million and reinstatement.

Marianne Stanley Marianne Stanley v. USCv. USC

Pending, Pending, filed Aug. filed Aug. 5, 19935, 1993

11stst amendment and breech of amendment and breech of contract. VB coach assisted players contract. VB coach assisted players settle lawsuit, awarded $1.35 million settle lawsuit, awarded $1.35 million and undisclosed amount of punitive and undisclosed amount of punitive damages.damages.

James Huffman v. James Huffman v. California State California State University SystemUniversity System

Feb. 8, Feb. 8, 1994 Jury 1994 Jury decisiondecision

Sex discrimination lawsuit, first Title Sex discrimination lawsuit, first Title IX case awarding monetary damage, IX case awarding monetary damage, $1.1 million.$1.1 million.

Sanya Tyler v. Sanya Tyler v. Howard UHoward U

June 23, June 23, 1993 Jury 1993 Jury decisiondecision

Title IX websitesTitle IX websites

http://bailiwick.lib.uiowa.edu/gehttp://bailiwick.lib.uiowa.edu/ge

www.ncwge.orgwww.ncwge.org

Title IX athletic policies, Aug. 2002Title IX athletic policies, Aug. 2002

www.womenssportsfoundation.orgwww.womenssportsfoundation.org

June 2003 PollJune 2003 PollBy Wall Street Journal and NBC NewsBy Wall Street Journal and NBC News

(from (from Chronicle of Higher EducationChronicle of Higher Education, January 2003), January 2003)ApproveApprove DisapproveDisapprove

1.1. Approve/Disapprove of Title IXApprove/Disapprove of Title IX 68%68% 20%20%2.2. ““Cutting back on menCutting back on men’’ss

athletics to ensure equivalentathletics to ensure equivalentathletic opportunities for womenathletic opportunities for women”” 66%66% 27%27%

3.3. Attitudes toward changing Title IX:Attitudes toward changing Title IX:20% 20% Strengthen the lawStrengthen the law50%50% No changes to lawNo changes to law21%21% Weaken the lawWeaken the law

i.e. 7 of 10 adults familiar with the law want Title IX strengthened or left i.e. 7 of 10 adults familiar with the law want Title IX strengthened or left alone.alone.

Title IX Title IX ““does not require colleges to give the same amount of money to does not require colleges to give the same amount of money to menmen’’s and womens and women’’s sports programs or to have equal numbers of male s sports programs or to have equal numbers of male and female athletes; it does require colleges to provide equitable and female athletes; it does require colleges to provide equitable resources and opportunities in a non-discriminatory manner.resources and opportunities in a non-discriminatory manner.””

The Bottom LineThe Bottom LineNCAA Division I-A EADA Data NCAA Division I-A EADA Data

1999-20001999-2000MENMEN WOMENWOMEN

ParticipationParticipation 5757 4343

ScholarshipsScholarships 5959 4141

Operating budgetOperating budget 7070 3030

Recruiting budgetRecruiting budget 7070 3030

Female and college participationHigh school: 2.9 million or 42 percentCollege: 153,601 or 42 percent

Gender EquityGender Equity

“Gender equity is an atmosphere and a reality where fair distribution of overall athletic opportunity and resources

are proportionate to women and men and where no student-athlete, coach or athletic administrator is

discriminated against in any way in the athletic program on the basis of gender.”

“That is to say, an athletic program is gender equitable when the men’s sports program would be pleased to

accept for its own the overall participation, opportunities and resources currently allocated to the

women’s program and vice versa.”

NCAA Gender Equity Task Force

Since its passage in 1972, Title IX has had a profound impact on helping to change attitudes, assumptions and behavior and

consequently, our understanding about how sexual stereotypes can limit educational opportunities. We now

know, for example, that gender is a poor predictor of one's interests, proficiency in academic subjects, or athletic ability. As the First Circuit Court of Appeals noted in a recent Title

IX case, "interest and ability rarely develop in a vacuum; they evolve as a function of opportunity and experience." Decision making in schools and in the labor market that

relies on gender to assess what students and employees know and are able to do is both archaic and ineffective.

http://www.ed.gov/pubs/TitleIX/part4.html#math&science

Why support girls and women in sports?

•Federal Law….•Mental, physical, and social benefits of sports participation that can last a lifetime•Girls who participate in sports are:

~92% less likely to be involved in drugs~80% less likely to have an unwanted pregnancy~3x’s more likely to have higher grades~more likely to graduate than non-athletic females

Girls and Women in sports have:~higher self-esteem~less depression~learn to be assertive~make decisions~be competitive~learn teamwork and cooperation~experience goal setting and prioritizing

•Career opportunities in sports (participation and administration), coaching, athletic training and sports medicine, and management at various levels in private and public sector

•80% of the women identified as “key leaders” in Fortune 500 companies participated in sports during their childhood

Why support girls and women in sports?

Key Points Compliance and

Equitable Treatment

•Three ways to show compliance

•Controlled spending

•Contact Sports allow for “exemptions”

•Football players are not a separate gender

•Are you providing what you promise?

•Open mouth, open wallet

Title IX

Sports

Transcript of Title IX