Dr. Christine H.B. Grant

1
Title IX

• 2004-2005
• Dr. Christine H.B. Grant

2
Title IX

• 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 educational program or
  activity receiving federal financial assistance.

3
Title IX requirements

• Financial assistance
• Effective accommodation of students interests
  and abilities
• Benefits, opportunities and treatment

4
Benefits, opportunities and treatment

• Equipment and supplies
• Scheduling of practice and competition
• Travel and per diem
• Opportunities for coaching and academic tutors
• Assignment and compensation of coaches and
  academic tutors
• Locker room, practice and competitive facilities
• Medical and training facilities and services
• Housing and dining facilities and services
• Publicity

5
Effective accommodation of students interests
and abilities

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

6
History

• 1972 passage of Title IX.
• 1974 Javits Amendment HEW must issue Title IX
  regulations. with respect to intercollegiate
  athletic activities, reasonable provisions,
  considering the nature of particular sports.
• 1974 Amendment to exempt revenue-producing
  sports from Title IX rejected.
• 1975 Bills to alter Title IX athletics coverage
  die in committee
• 1975 HEW issues final regulations, reviewed by
  Congress, signed into law with provisions banning
  sex discrimination and establishes 3-year time
  frame to be compliant.
• 1975 Congress reviews Title IX regulations and
  doesnt disapprove.
• 1975 1977 Senate refuses to act on bills to
  curtail Title IX enforcement.
• 1979 HEW issues final policy interpretations -
  Rather than relying on presumption of compliance,
  final policy focuses on institutions obligation
  to equal opportunity and details factors to
  assess compliance.
• 1980 DOE established, OCR given oversight
  responsibilities.

7
History

• 1984 Grove City vs. Bell only
  programs/activities receiving direct Federal
  assistance held to Title IX.
• 1988 Civil Rights Restoration Act mandated all
  educational institutions receiving federal aid be
  bound by Title IX.
• 1990 Title IX investigational manual published.
• 1992 Franklin vs. Gwinnett County Public
  Schools. Supreme Court ruled unanimously that
  Title IX plaintiffs are eligible for punitive
  damages when intentional action to avoid Title Ix
  compliance is established.
• 1992 Gender Equity Study.
• 1994 Equity in Athletics Disclosure Act (EADA).

8
Equity in Athletics Disclosure Act

• Number of male/female participation slots
• Total operating expenses for mens and womens
  sports
• Number of male/female head coaches
• Number of male/female assistants
• Amount of athletics scholarship money allocated
  to males/females
• Salaries for coaches
• Amount of recruiting dollars for men/women

9
(No Transcript)
10
NCAA data
11
NCAA data
12
NCAA data
13
NCAA data
14
Courtesy of Womens Sports Foundation
General Accounting Office Study on NCAA NAIA
mens teams 1981-1982 1998-99 Difference of
mens teams 9,113 9,149 36 teams
15
General Accounting OfficeStudy on NCAA NAIA
mens teams
1981-1982 1998-1999 Difference of mens
teams 9,113 9,149 36 teams of male student
athletes 220,178 231,866 11,688 (5)
GAO 1999
16
NCAA all divisions

• Mens teams dropped and added 1988-2002
• Added teams 1,938
• Dropped teams 1,877
• Net gain 61 teams

NCAA 2003 data
17
Mens teams dropped and added 1988-2002

• Division III
• Added 1002
• Dropped 790
• Net gain 212 teams
• Division II
• Added 494
• Dropped 471
• Net gain 23 teams
• Division I
• Added 442
• Dropped 616
• Net Loss -174 teams

NCAA 2003 data
18
Summary Losses/gains in NCAA mens teams

• Division III 212 teams
• Division II 23 teams
• Division I-AAA -31 teams
• Division I-AA -38 teams
• Division I-A -109 teams

NCAA 2003 data
19
NCAA mens teams (all divisions) greatest
number lost 1988-2002
Wrestling -99 Tennis -53 Rifle -33
Gymnastics -32 Fencing -23
Swimming/diving -22 Lost teams in all 3
divisions
NCAA 2003 data
20
(No Transcript)
21
(No Transcript)
22
(No Transcript)
23
2001
24
Daniel L. Fulks, 2001
25
Daniel L. Fulks, 2001
26
Comparison of Gender Equity Survey (92) and EADA
(97, 02) Division IA
1992 1997 2002
Male Female Male Female Male Female
Participation 71 29 66 34 56 44
Scholarships 72 28 66 34 59 41
Op. Budget 80 20 79 21 71 29
Recruiting 84 16 75 25 70 30
Female undergraduate population in Division IA
52 From the Chronicle of Higher Education
27
Changes in operating expenses NCAA gender equity
survey results
Division I-A 1992 1997 Increase Men 1,049,00
0 2,429,000 1,380,000 Women 263,000 663,000 400,00
0 Division II 1992 1997 Increase Men
190,470 177,500 -12,970 Women 73,300
91,500 18,200 Division III 1992 1997 Incre
ase Men 112,400 127,200 14,800 Women 56,120 73,4
00 17,280
NCAA data
28
(No Transcript)
29
(No Transcript)
30
Growing deficits in athletic programs
1993 1999 2001
I-A -2.10 -3.30 -3.80
I-AA -1.91 -2.69 -3.60
I-AAA -1.44 -2.61 -3.10
II with FB -0.91 -1.24 -1.40
II w/o FB -0.55 -0.98 -1.20
Daniel L. Fulks, 2001
31
Daniel L. Fulks, 2001
32
(No Transcript)
33
NCAA Gender equity report Womens percentages
2001-2002
Division Undergradpercent D-I Ave.percent Participation D-I Ave. percent Scholarship D-I Ave.percent Recruiting D-I Ave.percent Total Expense D-I Ave.percent
IA 52 53.5 43 44 41 44 30 33 30 34
IAA 55 42 43 35 69 34
IAAA 58 50 55 44 48 34
II 56 39 42 36 41
III 56 40 -- 34 41
Average 54.5
From Gender Equity report 2001-2002
34
NCAA Gender equity reportTravel, equipment,
uniforms
Division Men Women
I-A 67 33
I-AA 61 39
I-AAA 54 46
All D-I 64 36
II 58 42
III 58 42
NCAA Gender Equity report 2001-02
35
NCAA Gender equity reportWomens coaching
percentages
Division Head coach Salaries Assistant Salaries
I-A 36 (-2) 27
I-AA 43 29
I-AAA 45 46
II 47 30
III 45 32
NCAA Gender Equity report 2001-02
36
Title IX Lawsuits
April 16, 1993 US Court of Appeals Cohen, et al vs. Brown University Class action. Effective accommodation of interests/ abilities. Reinstated womens gymnastics and volleyball.
July 16, 1993 Settled Sanders et al vs. U. Texas at Austin Class action. Added softball, soccer, increased walk-ons, and capped men.
July 19, 1993 Settled Kiechal et al vs. Auburn U Class action followed by Title IX complaint. 140,000 to plaintiffs, started womens varsity soccer with 200,000 budget, field and scholarship timetable.
Oct. 21, 1993 Settled California NOW vs. California State University system Class action. Timetable for progress. Opportunities and aid within five percent and funding within 10 percent.
37
Commission on Opportunities in Athletics 2002-3
Commission on Opportunities in Athletics, 2002-3
38
Atlanta Journal-Constitution
Dec. 1999
8-part special The Gender Gap Day 1 More
than 27 years after a federal law mandated that
school athletic programs for boys and girls be
given comparable support, gender equity is still
not the standard in most Georgia high schools.
Not even close. Day 2 First-class sports
amenities are not new to boys sports, thanks to
booster clubs that perpetuate inequities and
continue to leave girls with second-class
facilities. Day 3 From coaches compensation to
sports budgets, football programs get the lions
share of everything in high schools across
Georgia. Day 4 Participation in Florida high
school athletics has risen sharply since the
state passed laws to ensure equality of sports
opportunity. Day 5 With college scholarships at
stake, parents increasingly insist Georgia
schools address disparities in opportunities that
girls receive. Day 6 Oconee County High School
has made strides since becoming Georgias first
high school with a Title IX complaint filed
against it. Day 7 Padding the participation
numbers for girls, the Georgia High School
Association classifies competitive cheerleading
as a sport, over the objections of Title IX
watchdogs. Day 8 A bipartisan pair of
legislators is preparing to introduce a bill that
would give Georgia power to monitor and enforce
Title IX compliance in the states high schools.
Plus Readers comment on the Gender Gap series
and inequities in high school sports in Georgia.
39
Georgia High School Sports
From Georgia High Schools 1999
40
Georgia vs. Florida
From Georgia High School Association, Florida and
Georgia departments of education
41
Universities have the right to reduce number of
male athletes

• Cal-State Bakersfield
• Preliminary injunction to keep wrestling in Feb.
  1999, Panel of U.S. Court of Appeals did not
  uphold.
• Illinois State
• Dropped mens soccer and wrestling and added
  womens soccer. Panel of U.S. Court of Appeals
  dismissed lawsuit.

42
Equal pay and/or wrongful termination
43
Anti-Title IX Websites

• Iowans against quotas (_at_iaq2000.org)
• Americans against quotas (_at_aaq2000.org)
• Independent womens forum (_at_iwf.org)
• National Coalition for athletic equity
• Simply common sense (scs_at_the_wrestling_mall.com)
• Citizens against quotas

44
Percent difference between female undergrads and
female athletes (Big Ten, Pac 10, Big XII)
Illinois 47.00 43.07 -3.93
Northwestern 52.47 48.34 -4.13
Kansas 52.13 47.98 -4.15
Colorado 47.00 42.06 -4.94
UCLA 55.00 49.86 -5.14
Texas 50.96 45.80 -5.16
Texas Tech 46.34 40.95 -5.39
Arizona 52.68 46.93 -5.75
Indiana 52.91 46.73 -6.18
California 53.02 45.84 -7.18
Missouri 52.24 43.73 -8.51
Oklahoma 49.18 40.29 -8.89
Iowa 54.61 44.67 -9.94
Oregon State 46.12 35.32 -10.80
Arizona St. 52.15 40.57 -11.58
Nebraska 47.08 34.66 -12.42
Oregon 53.39 40.30 -13.09
Baylor 57.79 40.10 -17.69
Institution undergrad athlete Difference
Michigan 50.47 51.77 1.30
Purdue 41.63 42.10 0.47
Texas AM 48.77 48.45 -0.32
Oklahoma St. 48.17 47.00 -1.17
Michigan St. 53.72 52.41 -1.31
Minnesota 52.04 50.66 -1.38
Kansas St. 47.49 46.06 -1.43
Penn St. 47.07 45.62 -1.45
Iowa St. 44.66 43.18 -1.48
USC 49.81 47.89 -1.92
Wisconsin 53.27 51.03 -2.24
Washington 51.29 48.80 -2.49
2001-02
45
Chronicle of Higher Education SEC numbers 2001-02
Institution Undergrads Athletes Difference
Mississippi 51.31 32.72 -18.59
Georgia 56.47 40.39 -16.08
LSU 52.66 37.97 -14.69
Alabama 52.77 38.35 -14.42
Kentucky 51.66 37.66 -14.00
South Carolina 54.27 44.17 -10.10
Arkansas 48.89 39.62 -9.27
Mississippi St. 45.72 36.58 -9.14
Florida 53.28 44.85 -8.43
Tennessee 51.69 45.60 -6.09
Auburn 47.99 42.11 -5.88
Vanderbilt 52.29 48.93 -3.36
46
Percentage difference between female undergrads
and female athletes 2001-02

• 1. 13 or 29 percent in compliance or within 3
  percent
• a. Big Ten 6
• b. Big 12 4
• c. Pac 10 3
• d. SEC 0
• 2. 20 or 44 percent in compliance or within five
  points
• a. Big Ten 9
• b. Big 12 6
• c. Pac 10 4
• d. SEC 1
• 3. 27 or 60 percent in compliance or within 7
  points
• a. Big Ten 10
• b. Big 12 8
• c. Pac 10 6
• d. SEC 3
• 4. 18 or 40 percent greater difference than 7
  points
• a. Big Ten 1
• b. Big 12 4
• c. Pac 10 4

47
Title IX websites

• http//bailiwick.lib.uiowa.edu/ge
• www.ncwge.org
• Title IX athletic policies, Aug. 2002
• www.womenssportsfoundation.org

48
June 2003 Poll

• By Wall Street Journal and NBC News
• (from Chronicle of Higher Education, January
  2003)
• Approve Disapprove
• 1. Approve/Disapprove of Title IX 68 20
• 2. Cutting back on mens
• athletics to ensure equivalent
• athletic opportunities for women 66 27
• 3. Attitudes toward changing Title IX
• 20 Strengthen the law
• 50 No changes to law
• 21 Weaken the law
• i.e. 7 of 10 adults familiar with the law want
  Title IX strengthened or left alone.
• Title IX does not require colleges to give the
  same amount of money to mens and womens sports
  programs or to have equal numbers of male and
  female athletes it does require colleges to
  provide equitable resources and opportunities in
  a non-discriminatory manner.

49
The Bottom LineNCAA Division I-A EADA Data
1999-2000
MEN WOMEN
Participation 57 43
Scholarships 59 41
Operating budget 70 30
Recruiting budget 70 30
Female and college participation High school 2.9
million or 42 percent College 153,601 or 42
percent
50
Gender 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 mens sports
program would be pleased to accept for its own
the overall participation, opportunities and
resources currently allocated to the womens
program and vice versa.
NCAA Gender Equity Task Force