title ix: school athletics substantive equality. “no person in the united states shall, on the...
TRANSCRIPT
Title IX: School Athletics
SUBSTANTIVE EQUALITY
“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 education program or activity receiving Federal financial assistance….”
Administered and regulated by the Department of Education
TITLE IX (P. 189)
If fewer women than men participate in sports, does the school system have an obligation to undertake efforts to increase women’s interest in sports?
Does the school system also have an obligation to try to reduce the disparity between men’s and women’s performance so that, to the extent possible, single-sex teams eventually can be eliminated?
DISCUSSION QUESTIONS
Brown University demoted men’s & women’s teams from university-funded to donor-funded.
Teams lost support and privileges accompanying university-funded status.
District Court found: Brown violated Title IX Brown’s plan for compliance was not “comprehensive”
Brown appeals: Challenges on constitutional and statutory grounds
the test employed by the District Court in determining whether Brown complied with Title IX
COHEN V. BROWN UNIVERSITY (1st Cir. 1996) (PP. 187-192)
Brown’s Mission Statement “Moreover, the athletic program strives in providing
equitable opportunities for women and minorities.”University-fundedDonor-funded1993-1994
32 teams 16 men – 12 university-funded 16 women – 13 university-funded
897 athletes 555 men (61.87%) 342 women (38.13%)
ATHLETICS AT BROWN UNIVERSITY (PP. 188-189)
200 more positions for men than for women13.01% disparity between female
participation in athletics and female student enrollment
“although the number of varsity sports offered to each gender are equal, the selection of sports offered to each gender generates far more individual positions for male athletes than for female athletes….”
DISPARITY IN THE NUMBERS (PP. 189)
Developed to implement Title IX regulations1.Providing athletic participation
opportunities that are substantially proportionate to the student enrollment.
2.Demonstrate a continual expansion of athletic opportunities for the underrepresented sex
3.Full and effective accommodation of the interest and ability of underrepresented sex.
THREE-PRONG TEST (PP. 189)
Rejected Brown's challenge to Title IX, which was based on the stereotype that men are more interested in sports participation than are women.
Interpretation of Title IX:“..proportion of women served by varsity sports needs to be the same as the proportion of men served….”
MAJORITY OPINION
Historical understanding Sports were harmful to women’s reproductive capacities Competition was contrary to femininity Female athletes were viewed as unattractive “Unsexed Amazons”
Modern understanding Lowers risk of osteoporosis and breast cancer Lesser likelihood of unintended pregnancy More likely to graduate high school Higher self-esteem Less risk of depression Perform better in school
High School: Participation grew from 294,000 girls before Title IX to 3,057,000.
TITLE IX & WOMEN’S PARTICIPATION IN SPORTS (PP. 193)
Title IX claims are not generally women wanting access to men’s teams, but rather equivalent athletic opportunities for male and female students.
Most frequent Title IX issue: allocation of resources. Equality is measured by variety of factors; levels of competition, supplies, scheduling, travel, tutoring, locker rooms, etc.
However…the OCR does not audit/monitor accuracy of data schools report regarding gender equity, nor does it initiate compliance review proceedings, or referral of cases to the DOJ for further legal proceedings.
What could be a more effective and accurate way to ensure accuracy and compliance under Title IX?
EQUIVALENT OPPORTUNITIES FOR MALE & FEMALE ATHLETES
Since the early 1990s, over two thirds of institutions have claimed to be in compliance by effectively accommodating women’s interests. How have you seen women’s interests accommodated, whether here at OU or your undergraduate university?
Could improving opportunities for women mean producing a more cooperative model of sport that better promotes physical and psychological health, teamwork, friendship, and recreation, rather than replicating the “male” athlete?
DISCUSSION QUESTIONS: POST COHEN
Title IX requires that interests have been fully accommodated, but how to measure women’s interests? Burden on complaining student to show her interests are
unmet Schools can measure interests through an electronic mail
survey Text indicates that the OCR view non-responses to surveys
as lack of interest – how to remedy this? Non response does not necessarily reflect lack of interest “Interest and ability rarely develop[s] in a vacuum…” p. 195
What are alternative ways for an institution to show that interests and abilities of females have been fully accommodated?
ACCOMMODATING WOMEN’S INTERESTS IN ATHLETICS
http://www.youtube.com/watch?v=ARIDJiJwmhY
WHAT TITLE XI MEANS TO WOMEN
Over the last 25 years, men’s intercollegiate sports have in fact faced a decline in the number of teams.
Attributed to escalating expenditures on revenue producing male sports, and little do with increased resources for women’s sports. Schools keep these sports, despite the cost, for morale, publicity and reputation purposes.
Can revenue sports (football, basketball) be compared to other sports for Title IX purposes?
TITLE IX AND MALE SPORTS
AVERAGE ATHLETIC PARTICIPATION WITH FOOTBALL
AVERAGE ATHLETIC PARTICIPATION WITHOUT FOOTBALL
Colleges and universities have historically contributed to women’s lack of interest in sports in a variety of ways, including: dominance of men in leadership positions, linkage of sports and coaching to masculinity, and demeaning characterizations of female athletes. P. 196
How can a university, such as Brown, reverse the effects of its past practices?
AFFIRMATIVE ACTION OR REMEDY FOR PAST DISCRIMINATION?
Since the passage of Title IX, schools have pursued a more competitive model of sports – high visibility, high pressure – rather than increasing participation.
Should participation in women’s sports revert back to focusing on a more cooperative model of sport that promotes better physical and psychological health, teamwork, friendship, and recreation?
REDEFINING SPORT
The general perception is that girls now have equal opportunities in all areas of athletics. But that's just not true.2006 -2007 – 3 million girls participating in high school athletics 41% of high school athletes, even though they
represent more than 49% of the high school student population.
2005-2006 –171,000 women participating in college athletics. 42% of college athletes, even though they represent
over 50% of the college student population nationwide.
WHY TITLE IX IS STILL IMPORTANT
Although women are making significant strides in athletics, Female athletes receive only 3% of ESPN The Magazine’s written coverage, and only 5% of the photographic coverage
Female college athletes receive only 38% of sports operating dollars which is $1.17 billion less than their male counterparts.
Female NCAA athletes receive only 45% of college athletic scholarship dollars, which is $148 million less than male athletes.
Women have come a long way, but need to continue carrying the torch of those who have gone before us.
TITLE IX: 40 YEAR ANNIVERSARY
Each year, male athletes receive over $136 million more than female athletes in scholarships at NCAA member institutions.
Women in Division I colleges are over 50% of the student body …but receive only 32% of athletic recruiting dollars
and 37% of the total money spent on athletics.
In 2008, only 43% of coaches of women's teams were women. In 1972, the number was more than 90%.
WHY TITLE IX IS STILL IMPORTANT
The OCR can investigate any school where it believes there may be Title IX problems, but it rarely does.
2002-2006416 athletics complaints filed11 times more complaints about women’s discrimination
Only one school athletics program was reviewed54% challenged inequitable treatment of girls’ or women’s teams
In K-12, 60% of the allegations concerned inequities in treatment of female teams.
WHY TITLE IX IS STILL IMPORTANT
How has Title IX effected your life?
Where do you see the future of Title IX headed?
Does Title IX have a ripple effect outside the sports arena? In other words, how far reaching is Title IX to other realms of gender equality?
FINAL DISCUSSION QUESTIONS
Laura Palk, Institutional Equity & Title IX Coordinator and Assistant Legal Counsel, [email protected] Melinda Hall, Associate Equal Opportunity Officer/Associate Title IX Coordinator, [email protected]
Bobby J. Mason, Associate Equal Opportunity Officer/Associate Title IX Coordinator, [email protected]
TITLE IX COORDINATORS AT OU