Title IX Legislation Analysis

Title IX for South Suburban Bulldogs Athletic Department

Introduction

I. Brief History of Title IX

A. Title IX Defined

B. The Test

C. Equal Pay Act

II. Understanding Title IX Athletics Compliance

Introduction

A. Title IX Coordinator

III. The Participation

A. Athletics Team for Purposes of Title IX

B. Athletics Participant for Title IX Purposes

C. The Test

IV. Athletic Benefits & Opportunities

A. The Laundry List

Resources to Educate Athletic Staff to Advance Compliance with Title IX

A. List of Resources

Introduction

Our goal is to commit to institutional control by establishing an organization that is operating in full compliance. Title IX law was passed on June 23, 1972 it was intended to end gender discrimination in education. Title IX offers women an equal athletic opportunity to participate in the sports and this law also applies to all educational programs that receive federal funding, and to all aspects of a school’s educational system (Weight & Zullo 2015, pg.84). An athletic director must make sure that the athletic department as a whole maintains compliance integrity with Title IX or the school may lose its federal funding as well as be brought up on legal allegations.

I. Brief History of Title IX

A. Title IX Defined

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 (Weight & Zullo 2015, pg.84).

B. The Test

An athletic program can be considered gender equitable when the participants in both the men and women sports programs would accept as fair and equitable the overall program of the other gender. No individual should be discriminated against on the basis of gender, institutionally or nationally, in intercollegiate athletics(Weight & Zullo 2015, pg.84).

C. Equal Pay Act

No covered employer shall discriminate between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions (www.ncaa.org).

II. Understanding Title IX Athletics Compliance

Introduction

The conduct by a university that violates Title IX is sexual harassment, the failure to provide equal opportunity in athletics, and discrimination based on pregnancy. Title IX is enforced by the U.S. Department of Education’s Office for Civil Rights along with several compliance enforcement offices throughout the United States. An Athletic Director must have full understanding of Title IX and the educational institution’s role in implementing the law which will make the assessment phase meaningful. According to NCAA Title IX policy any educational intuition that receives federal funding must designate at least one employee to coordinate its efforts to comply and carry out the responsibilities under Title IX law and if an educational intuition does not appoint a Title IX coordinator they are failing to comply with Title IX and may face consequences of noncompliance which can include the possibility of losing federal funding for educational programs. (www.ncaa.org). The athletic director can maintain full control of the department when working with Title IX coordinator to stay updated on guidelines or new rule changes to the policy (www.ncaa.org).

A. Title IX Coordinator

Title IX Coordinator has a responsibility to fully understand Title IX, oversee compliance, development, and implementation of grievance procedures, and the intake, investigation, and resolutions of complaints of noncompliance. The information of Title IX Coordinator must be available to students and employees and this contact information is required on all recruiting materials published by the covered university (www.ncaa.org).

III. Participation

A. Athletics Team for Purposes of Title IX

When assessing compliance in the area of athletics participation, it is first necessary to determine what teams count. The sport test is designed to determine whether programs or activities outside those sponsored by the NCAA such as men’s rowing also qualify for inclusion when determining equity.

B. Athletics Participant for Title IX Purposes

A school must determine what the number of male and female athletics participants. The Policy Interpretation and 1996 Clarification defines a participant as one who receives the institutionally sponsored support normally provided to athletes competing at the institution involved.

C. The Test

3Prong Test (1) provide participation proportionate to enrollment(2) show history and continuing practice of program expansion for underrepresented sex; or 3) fully accommodate underrepresented sex. Two-Part Test: 1) provide equivalent levels of competition (2) show upgrade of competitive levels (Mabry 2013, pg.503).

IV. Athletic Benefits & Opportunities

A. The Laundry List

Title IX regulations require that institutions provide equal athletics opportunities for members of both sexes. In order to determine whether or not a school provides equivalent athletics benefits and opportunities the Office for Civil Rights (OCR) will review the following laundry list of treatment issues (Weight & Zullo 2015, pg.89).

Provision and maintenance of equipment and supplies

Scheduling of games and practice times

Travel and per diem expenses

Opportunity to receive tutoring and assignment and compensation of tutors

Opportunity to receive coaching, and assignment and compensation of coaches

Provision of locker rooms, practice and competitive facilities

Provision of medical and training services and facilities

Provision of housing and dining services and facilities

Publicity

Support services

Recruiting

Resources to Educate Athletic Staff to Advance Compliance with Title IX

As an athletic director the first responsibility is to create a fully complied Title IX sports department. Our athletes as well as staff will be advised on all Title IX policies, procedures rules and regulations. Staff heads will keep updated checklist on all things that pertain to Title IX procedures, attend trainings workshops and weekly newsletters to stay current with all changes of Title IX. Each department head will get a copy of the resources listed below so that there is ongoing awareness about all subjects as it pertains to Title IX. The Title IX Coordinator in conjunction with Athletic Director will continue to measure each department on the merits of the 3 prong test.

A. List of Resources

1979 Title IX & Intercollegiate Athletics A policy interpretation by the Department of Education’s Office of Civil Rights (OCR) on Title IX and intercollegiate athletics (feminist.org).

2010 Intercollegiate Athletics Policy Clarification The Three Part Test part three (PDF) A clarification letter from the OCR withdrawing the 2005 additional clarification on the three part test part three, and all related documents accompanying it (feminist.org).

Equity Assistance Centers Funded by the U.S. Dept. of Education 2011-2014 http://www2.ed.gov/programs/equitycenters/contacts.htmlContact the Civil Rights Act Title IV Equity Assistance Center serving your state. These centers provide technical assistance, training and resources on education equity issues related to gender, race, and national origin to state departments of education, local educational agencies, and schools upon request (feminist.org).

National Collegiate Athletic Association (NCAA) Gender Equity http://www.ncaa.org/gender_equity and http://www.ncaa.org/lgbt NCAA is a voluntary membership organization through which the nation’s colleges and universities govern their athletics programs (feminist.org).

The Legislative Services Database (LSDBi) is a useful tool for looking up bylaws and bylaw interpretations, which are published responses to specific questions about NCAA guidelines. The LSDBi has the advantage of being updated continuously throughout the year (Weight & Zullo 2015, pg.78).

Conclusion

The Department of Education’s Office of Civil Rights created three paths to demonstrate compliance with Title IX. A university will not have to worry about any violations of Title IX when they continue to operate within the margins that the percentages of male and female athletes are about the same as the percentages of male and female students enrolled at the school , that the school has a history and a continuing practice of expanding athletic opportunities for female students, and finally even though it is not offering its female students substantially proportionate opportunities to play sports, the school is nonetheless fully meeting female athletes interests and abilities (Weight & Zullo 2015, pg.89). The goal is not to create an atmosphere of tension but of compliance and awareness to all student athletes and staff members.

References

Ladda, S. (2012). Examining Title IX at 40: Historical Development, Legal Implications, and Governance Structures. President’s Council on Physical Fitness & Sports Research Digest, 13(2), 10-20.

Mabry, A. M. (2013). Title IX: Proportionality and walk-ons. The University of Memphis Law Review, 44(2), 497-522. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1510497892?accountid=28180

Spengler, J., Anderson, P., Connaughton, D., & Baker, T. (2010). Introduction to Sport Law. Champaign, IL: Human Kinetics Publishers. Retrieved on March 6, 2107, From http://www.gallup.com/poll/7663/what-americans-see-title-ixs-future.aspx

Weight, E. A., & Zullo, R. (2015). Administration of intercollegiate athletics. Champaign, IL Human Kinetics.

Retrieved on 3/09/17 From http://www.feminist.org/sports/ATHLETICS%20AND%20TITLE%20IX%20RESOURCES_09202013.pdf

Retrieved on 3/09/17 From https://www.ncaa.org/sites/default/files/Title_IX%2BCoordinators%2B%2BNCAA%2Bresource%2B2011.pdf