Gender Equity Issues in Intercollegiate Athletics

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Gender Equity Issues in Intercollegiate Athletics
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Areas

• Critiques
• The Law of Accommodation for the 1990s
• Female Participation Numbers
• Governmental Responses
• Title IX in Practice

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Critiques of the issue

• Jessica Gavora (MU grad), Tilting the Playing
  Field Schools, Sports, Sex and Title IX (2002)
• Interviewed dozens of leading college athletes,
  educators and legal experts to amass compelling
  evidence that Title IX has had a destructive
  effect on all college athletes, female as well as
  male
• How Title IX has been used again and again to
  favor women, even though its supposed to promote
  "equality

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Critiques of the issue

• Brian Porto, A New Season Using Title IX to
  Reform College Sports (2003)
• Demonstrates how colleges might retain threatened
  varsity programs and expand sports opportunities
  for women students if they replaced the current
  commercial model with one that emphasizes student
  participation
• Rita Simon, Sporting Equality Title IX Thirty
  Years Later(2005)
• Collection focusing on strength and weaknesses of
  Title IX and recommendations for strengthening or
  changing its goals and objectives
• Linda Jean Carpenter Vivian Acosta, Title IX
  (2005
• Offer a balanced, comprehensive view of this
  issue, lending important insights into Title IXs
  requirements and application both now and when it
  was enacted

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The Law Accommodation

• Title IX Law
• Regulations equal opportunity
• From Policy Interpretation
• Part Three Compliance in meeting interests and
  abilities of male and female students
• 3 part accommodation test
• 2 part levels of competition test
• http//www.ed.gov/about/offices/list/ocr/docs/t9in
  terp.html
• From Office of Civil Rights
• 1996 Clarification of Intercollegiate Athletics
  Policy Guidance The Three-Part Test
• http//www.ed.gov/about/offices/list/ocr/docs/clar
  ific.htmltwo
• Clarification provides updated interpretation and
  clarification of the Policy Interpretation

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1996 Clarification

• 3-part test gives school 3 separate ways to
  provide nondiscriminatory opportunities
• Still more to Title IX compliance (still quality
  of competition / quality and king of athletic
  benefits, etc.)
• Part One are participation opportunities
  substantially proportionate to enrollment?
• Part Two History and practice of program
  expansion for underrepresented sex?
• Part Three Fully and Effectively Accommodating
  Interests and abilities?

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Participation

• NCAA Report
• Longitudinal Study

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Participation 2002-03 NCAA Gender Equity Report

• Report done since 1991
• Not designed to measure Title IX compliance, just
  numbers
• Provide comparisons among respective divisions
• Response Rates
• By Division (p.9)
• Overall 82.5 - down 3.5 (852 out of 1033
  members)

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Participation 2002-03 NCAA Gender Equity Report

• Areas
• Participation
• Total Expenses
• Recruiting Expenses
• Scholarships
• Head Coaches Salaries
• Assistant Coaches Salaries
• Table 32a Athletics Administrative Staff

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Study

• Women in Intercollegiate Sport A Longitudinal,
  National Study ? Twenty Seven Year Update
  (1977-2004)

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Women in Intercollegiate Sport

• Participation
• 1968 16,000 female college athletes
• 2004 - 8,402 womens college teams
• Coaching
• 1972 (90 women) ? 2004 (44.1)
• Administration
• 1972 (90 womens programs) ? 2004 (18.5)

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Picture of the NCAA

• Still problems of at all levels but DI AAA
• Main problems at DI
• Increases in participants, scholarships,
  recruiting expenses and coaching salaries over
  the last decade.
• Big difference in funding men's and women's
  athletic programs

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Revenues and Expenses, Profits and Losses of D1A
Athletics Programs (2003 Fiscal Year)

• Overall
• Total Sports
• Womens total revenues only 7 of mens or 15 M
  less than mens
• Womens total expenses 43 of mens total
  expenses or 6 M less
• Basketball
• Womens total revenue 56 of mens revenues
• Womens total expenses 9 of mens total expenses
• Overall ? Womens net profit negative 143 while
  net profit for men positive 73

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• Government reaction to continued problems
• Secretary of Educations Commission on
  Opportunity in Athletics (2003)

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Commission

• Why form the Commission?
• Purpose of the Commission?
• Who were members of the Commission?

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Minority Report

• Why is there a Minority Report?
• Specific objections?

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Reports

• Findings
• Recommendations
• Focus is on collegiate sports

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• Process
• Issues
• Present Commission and Minority Perspective
• Reactions to each

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Issues

• (1) Validity of Cutting Mens Programs
• Is cutting mens programs still a legitimate
  option to come into compliance with Title IX?
• (2) Validity of the Three-Part Accommodation Test
• Findings
• Recommendations

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Issues

• (3) Cost of Athletics
• Policy Interpretation
• Unequal aggregate expenditures for members of
  each sex or unequal expenditures for male and
  female teams if a recipient operates or sponsors
  separate teams will not constitute noncompliance.
  . .but. . .may consider the failure to provide
  necessary funds for teams for one sex in
  assessing equality of opportunity for members of
  each sex
• (4) Enforcement Efforts
• Is there enough enforcement?

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Governmental Response

• Did not accept or adopt Commission Report did
  not recognize Minority Report
• Follow up
• Further Clarification of Intercollegiate
  Athletics Policy Guidance Regarding Title IX
  Compliance (2003)
• Commitment of Bush Administration

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Clarification Letter from OCR

• (1) Reiterates importance of 3 part test
• (2) Elimination of teams not required and is
  disfavored
• (3) Aggressive enforcement yet will help so
  sanctions not necessary
• (4) Private sponsorship of teams is allowed but
  does not change Title IX analysis
• (5) Will ensure enforcement does not vary from
  region to region

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Title IX in Practice

• Achieving Gender Equity Manual
• NCAA Gender-Equity Task Force recommendation
• Gender-equity sourcebook for members
• Designed to help administrators and faculty
  ensure that any athletics program is in
  compliance with the law (Title IX)
• Basics of Title IX
• Current Case Law Analysis
• Athletics Certification Issues
• Promotion Ideas
• Emerging Sports
• Resources

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D1 Athletics Certification Program

• Title IX and equity operating principle for
  Certification not the same
• Principle Commitment to fair and equitable
  treatment of male and female SAs and athletics
  department personnel
• Basic Requirements of Institutional Plan (p.2)
• Program Areas to be Reviewed for Gender Issues
  (p.4)

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MU Certification

• 1997 developed plan
• Proportionate participation opportunities
• Equitable benefits for coaches (basketball)
• Equitable access to practice facilities
• Equitable marketing, promotion and sports
  information practices
• Increased number of female candidates for
  coaching and administrative positions
• Narrow spending gap

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MU Certification

• 2004-2005 Five-year Gender Equity Plan
• Operating Expenses
• Sports Revenue
• Salaries for Coaching Staffs

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Emerging Sports

• 1994 NCAA Convention began defining these sports
• Use as a way to increase participation
  opportunities for females
• Definition of Emerging Sport A sport recognized
  by the NCAA that is intended to provide
  additional athletics opportunities to female
  student-athletes
• Requirements to have adopted by NCAA

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Next Class

• Cutting programs, sexual harassment, and
  employment discrimination issues
• Cases
• Miami
• National Wrestling Coaches Association
• Barrett
• Klemencic
• Stanley
• Murphy
• Hand back Project One