TITLE IX

Gender Equity is more than "being in compliance" with the law. It is a spirit, a personal ethic, a community and state commitment to doing what is fair and right for all of its children. It means creating an atmosphere and environment where the opportunities and resources of your school district or athletic organization are fairly distributed to girls and boys and where no student, coach or administrator experiences discrimination on the basis of their gender.

The topic of Title IX compliance may illicit a variety of thoughts and feelings.

"We've never had a complaint filed against us."---INDIFFERENCE

"Title IX just affects public colleges and universities, not our school." ---MISSINFORMED

"Sure we have some problems, but our budget just doesn't allow us to fix them."
HELPLESSNESS--DENIAL

"Why should we share our equipment and facility(ies) with the girls? They didn't help with the costs and program development."
TERRITORIAL--FRUSTRATION

"All that TITLE IX will accomplish is to drag down our successful boys' programs so that they are equal to those of our girls'."
ANGER

These feeling may be real and must be acknowledged; however, it is essential that all recognize that TITLE IX Compliance really means equal opportunities for ALL students, regardless of their gender.

What is TITLE IX?

Sections 901 and 902 of the Education Amendments of 1972 Public Law 92-318 as amended by Public Law 93-568.

Title IX is designed to eliminate discrimination on the basis of sex in any education program or activity receiving federal financial assistance.

In 1974, the United States Congress passed Section 844 of the Education Amendments to further clarify that purpose.

In 1978, a final policy interpretation of this law was developed by the office of HEW (now named Department of Health and Human Services) outlining three major areas of compliance. Those areas are:

1) Compliance in financial assistance (scholarships) based on athletic ability.

2) Compliance in other program areas:   equipment and supplies, games and practice times, travel and per diem, coaching and tutoring, locker rooms and practice and competition facilities, medical and training facilities, housing and dining facilities, publicity, recruitment and support services (often referred to as the Thirteen Component Parts of Title IX).

3) Compliance in meeting the interests and abilities of female and male students.

Note: The focus of this presentation will be on items 2 and 3 since these two areas are of concern for all secondary schools.

Who is affected by this legislation?

Contrary to some opinion, TITLE IX is not just a concern for colleges and universities.

The scope of TITLE IX extends from preschool through graduate school, and protects students, professional staff and support staff from discrimination. All children/students in public schools are protected by TITLE IX. The law also covers any educational program, athletic organization or agency that directly or indirectly receives Federal financial dollars.

What are the specific requirements of compliance?

There are 13 program components identified as determining factors for TITLE IX compliance. Compliance is assessed by examining equivalency for males and females of these thirteen factors. Of the program components, three  apply primarily to post secondary institutions, but the other TEN are applicable to all secondary schools.

1. Athletic Financial Assistance: Institutions must provide reasonable opportunities for such awards (of financial assistance) for members of each sex in proportion to the number of students of each sex participating in intercollegiate athletics.
This may also find application where booster groups/clubs and fundraising efforts are found related to middle and high school program.

2. Effective accommodation of student interests and abilities
a. Determination of the interests and abilities of students
b. Selection of sports offered
c. Selection of levels of competition

Suggested steps to take right NOW!
1. Conduct interest surveys of the students on a two-year basis
2. Offer programs that reflect students' interest(s)
3. Educate your female athelte(s) on sports equity

3. Equipment and supplies
a. Quality of equipment and supplies
b. Amount of equipment and supplies
c. Suitability of equipped supplies
d. Maintenance of equipment and supplies
e. Availability of equipment and supplies

Suggested steps to take right NOW!
1. Establish a uniform replacement rotation that includes both boys' and girls' programs.
2. Be sure like programs (boys' and girls' swimming, soccer, track, basketball, golf, tennis, etc.) are allocated equitable dollar amounts for equipment. These amounts need not be equal dollars.
(EXAMPLE: A boys' basketball may cost a few more dollars than a girls' basketball because of the larger size; however, the quality and number of basketballs purchased should be equal.)

4. Scheduling of games and practice times
a. Number of competitive events per sport
b. Number and length of practice opportunities
c. Time of day competitive events are scheduled
d. Time of the day practice opportunities are scheduled
e. Opportunities to engage in available pre- and post-season competition

Suggested steps to take right NOW!
1. Schedule competitions so that both boys' and girls' programs have opportunities for "prime time" events
2. When scheduling shared practice facilities, divide early and late practice times between boys' and girls' teams.

5. Travel and per diem allowances
a. Modes of transportation
b. Housing furnished during travel
c. Length of stay before and after competitive events
d. Per diem allowances

Suggested steps to take right NOW!
1. Schedule the number of buses on a per athlete basis rather than a gender basis (male football players are larger in size (usually) than female volleyball players; therefore bus space allotted the football team is one member per seat while the volleyball team must have two players per seat - policy should be consistent for travel by number of athletes traveling, not their size)
2. Establish guidelines for extended trips that are equal to both boys' and girls' teams
3. Establish guidelines for the purchase of meals/snacks for game or tournament events that are equal to both girls' and boys' teams

6. Opportunity to receive coaching and academic tutoring
a. Availability of full-time coaches
b. Availability of part-time coaches
c. Availability of tutors

Suggested steps to take right NOW!
1. Establish a salary schedule for coaches that is based on the sport, not the gender of the players
2. Establish a policy for hiring coaches that reflects the needs of the sport itself, not the gender of the players

7. Assignment and compensation of coaches
a. Training, experience and other professional qualifications
b. Rate of compensation (per sport, per season)
c. Duration of coaching contract
d. Conditions relating to contract renewal
e. Experience
f. Nature of coaching duties performed
g. Working conditions
h. Other terms of employment

Suggested steps to take right NOW!
1. Establish a salary schedule and other terms of employment for coaches that are based on the sport, not the gender of the players
2. Establish a policy for hiring coaches that reflects the needs of the sport itself, not the gender of the players

8. Provision of locker rooms, practice and competitive facilities
a. Quality and availability of the facilities provided for practice and competitive events
b. Exclusivity of use of these facilities
c. Availability of locker rooms
d. Quality of locker rooms
e. Maintenance of practice and competitive facilities
f. Preparation of facilities for practice and competition

Suggested steps to take right NOW!
1. Ensure that boys' and girls' locker room facilities are equal in quantity, quality and amenities
2. Provide facilities for competitions based upon the needs of the sport, not the gender of the players

9. Provision of medical and training facilities and services
a. Availability of medical personnel and services
b. Health, accident and injury insurance coverage
c. Availability of weight training facilities
d. Availability and qualification of athletic trainers

Suggested steps to take right NOW!
1. Provide medical and training facilities to all athletes
2. Provide equal access of medical and training facilities to all athletes

11. Publicity
a. Availability and quality of sports information personnel
b. Access to other publicity resources
c. Quantity and quality publications and other promotional devices

Suggested steps to take right NOW!
1. Make available to the working press equal access to boys' and girls' programs
2. Strongly encourage the media to cover your girls' events
3. Ensure that school promotional publications devote equal time to boys' and girls' sports
4. Ensure that game programs support teams and athletes equally

12. Administrative and support services
a. Availability of administrative, secretarial and clerical assistance
b. Quality of administrative, secretarial and clerical assistance
c. Availability and quality of team support

Suggested steps to take right NOW!
1. Ensure equality in all of above a, b & c, such as
-Season tickets, reserved seating, reserved parking
-Prices for the above
-Concession stand (availability and quality)
-Programs (are they equal?)
-Gymnasium/Field set-up (bleachers, clean-up, prep)
-Supervision and attendance by VIPs
-Quality of supervision
-Number of officials, quality and method of hiring
-Table personnel equality (announcer, time/scorekeepers)
-Pep band, half-time and /or pre-game entertainment
-Cheerleaders (quality, availability and method of selection)
-Filming (taping of events)
-Promotions
-Dances
-Local publicity coverage

Real-life examples of noncompliance (taken from high schools in the St. Paul/Minneapolis metropolitan area)

The athletic training room is located off the boys' locker room. Girls needing the service of the trainer are unable to use the facility and receive treatment elsewhere.

When the boys' and girls' soccer teams play at the same time, the trainer always goes with the boys and the student trainer accompanies the girls.

Football and boys' hockey generate tremendous revenues (profits?). As a result, these sports receive additional dollars so they can continue to field strong teams.

Due to the heavy use of the stadium, both the boys' and girls' soccer teams cannot play their games there. Since they boys usually outdraw the girls by 200 fans, they will play in the stadium while the girls play on an adjacent field of equal quality.

The boys' basketball team receives new warm-ups each winter from the Booster Club. The girls' basketball team does not have warm-ups and are told that since the school doesn't pay for the boys' warm-ups, they won't pay for the girls'.

Three sets of officials are hired to work the varsity, junior varsity and freshman boys' basketball games. Two sets are employed to cover the three girls' games.

The wrestling team, a perennial state power, is permitted to travel throughout the state to search out the finest competition. The gymnastics team must abide by the school district's 150-mile radium rule in scheduling their meets.

The boys' basketball teams have their own designated locker room which no other team uses, complete with motivational posters, stat boards, equipment storage, etc. The girls' basketball teams share locker room facilities with other sports teams.

The school has had a boys' varsity and JV soccer team since 1988 -- the girls' were not offered a soccer varsity/JV team but were allowed to try out for the boys team even though the school already had 10 boys' sports and only 8 girls' sports. The community sponsors a soccer program with equal participation by male and female athletes, so there was sufficient interest on the part of female players.

The football team receives major equipment donations from local car dealerships and/or doctors' offices every 3 years organized through parents and booster club members. The school does accept these donations since they come through the booster club or parent(s) of an athlete. No equipment, supplies, motivational items are accepted by the school other sport from any other "commercial" group even though some local companies have offered to purchase items for the school. The most recent offering was to be given directly to the school and would have benefited both boys and girls basketball.

The boys varsity, JV and freshmen basketball teams play their games in the main gym facility -- all girls basketball teams play in the smaller, auxiliary gym.

The boys' baseball teams play and practice on a diamond or school property. The girls' softball teams need to travel one mile to a softball diamond at the local town park.

The boys intramural basketball team has 300 participants. A girls intramural basketball team is not offered.

The athletic budget implies 78% of athletic dollars are spent on boys' programs and 22% on girls' programs.

For the fall sports awards, the total number of school letters did not arrive on time. The athletic administrators distributed the letters received to the boys programs asking the girls to wait for the remaining shipment.

How are schools found to be out of compliance?
a. By self-examination (the least traumatic)
b. A compliance review by the Office of Civil Rights which follows a complaint filed against the school.
c. The filing of a TITLE IX lawsuit (the most costly and potentially most damaging method)

What to do if your school is found to be out of compliance?

1. Begin immediate action to correct the areas of inequity, or
2. Challenge the findings and prepare for a lawsuit.

Response number one need not be the death of your athletic department, but rather the BEGINNING of fair and equitable program. Many of the remedial items are not costly, others may require additional study and funding. Some changes may simply require some creative thinking. Don't be afraid to ask for community and parental ideas and support in working towards compliance. Remember, at least half of our athletes are female and their parents have given support in the past. Additionally, to achieve and unbiased assessment, the enlistment of personnel outside the athletic department is very important.
Most important is the immediate undertaking of a plan that will cover the areas of noncompliance.

What can your school and athletic organization do right now?
a. Be willing to examine your school's or organization's level of compliance
b. Be prepared to find areas of inequity - no school or organization is perfect
c. Solicit outside help (parents/students/fans/community leaders, etc. outside your athletic department) to help your athletic administrators, coaches, and TITLE IX officer examine school's current state
d. Establish a code of fair play which applies to players, coaches and athletic administrators and to all your athletic programs.
e. Achieve an unbiased assessment of your current status with regard to TITLE IX compliance.
f. Act immediately to solve those that can be quickly solved (shows goodwill).
g. Develop a plan for those areas which require additional time and money (builds trust for those involved in the program).
h. Publicize your actions and goals
i. Be proactive for the benefit of ALL athletes
j. Do what is right!!!

Summary....

TITLE IX really isn't about spending equal dollars on boys' and girls' sports or building separate but equal practice and competitive facilities. TITLE IX is about opportunities, EQUAL OPPORTUNITIES, for ALL student athletes. An equal playing field should be created for ALL  our male and female athletes and their coaches.

The time is now -- examine your programs and honestly evaluate whether or not female and male athletes are provided with an equal chance for success. If you are in compliance, CONGRATULATIONS! If not find that you fall short in one or more areas, start immediately to correct the areas. Demonstrate the same character and sense of fair play that is expected from players and coaches.

Scott Larson - Director of Athletics MN

It's important in high school complaints to list all the areas in which there maybe be a potential violation. If a complaint is very narrow, the investigation will likely be narrow as well.

Disparity is another key world....They the (OCR) define a disparity as a difference, on the basis of sex, in bendfits or services, that has a negative impact on athletes of one sex when compared with benefits or services available to athletes of the other sex, being different isn't enough.

Each educational insitution that receives federal funds is required to designate a TITLE IX OFFICER. Ask your school who the TITLE IX OFFICER is.