Transcript Title IX Powerpoint

SUBSTANTIVE EQUALITY
Title IX:
School
Athletics
TITLE IX
( P. 1 8 9 )
“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
DISCUSSION QUESTIONS
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?
COHEN V. BROWN UNIVERSIT Y (1st Cir. 1996)
( P P. 1 8 7 - 1 9 2 )
 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
ATHLETICS AT BROWN UNIVERSIT Y
( P P. 1 8 8 -
189)
 Brown’s Mission Statement
 “Moreover, the athletic program strives in providing equitable
opportunities for women and minorities.”
 University -funded
 Donor-funded
 1993-1994
 32 teams
 16 men – 12 university-funded
 16 women – 13 university-funded
 897 athletes
 555 men (61.87%)
 342 women (38.13%)
DISPARIT Y IN THE NUMBERS
( P P. 1 8 9 )
200 more positions for men than for women
13.01% 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….”
THREE-PRONG TEST
( P P. 1 8 9 )
Developed to implement Title IX regulations
1. 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.
MAJORIT Y OPINION
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….”
TITLE IX & WOMEN’S PARTICIPATION IN
SPORTS ( P P. 1 9 3 )
 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.
EQUIVALENT OPPORTUNITIES FOR MALE
& FEMALE ATHLETES
 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?
DISCUSSION QUESTIONS: POST COHEN
 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?
ACCOMMODATING WOMEN’S INTERESTS
IN ATHLETICS
 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?
WHAT TITLE XI MEANS TO WOMEN
 http://www.youtube.com/watch?v=ARIDJiJwmhY
TITLE IX AND MALE SPORTS
 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?
AVERAGE ATHLETIC PARTICIPATION WITH
FOOTBALL
AVERAGE ATHLETIC PARTICIPATION
WITHOUT FOOTBALL
AFFIRMATIVE ACTION OR REMEDY FOR
PAST DISCRIMINATION?
 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?
REDEFINING SPORT
 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?
WHY TITLE IX IS STILL IMPORTANT
 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.
TITLE IX: 40 YEAR ANNIVERSARY
 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.
WHY TITLE IX IS STILL IMPORTANT
 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.
 2002-2006
 416 athletics complaints filed
 11 times more complaints about women’s
discrimination
 Only one school athletics program was reviewed
 54% challenged inequitable treatment of girls’ or
women’s teams
 In K-12, 60% of the allegations concerned inequities in
treatment of female teams.
FINAL DISCUSSION QUESTIONS
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?
TITLE IX COORDINATORS AT OU
Laura Palk, Institutional Equity & Title IX Coordinator and
Assistant Legal Counsel, [email protected]
Melinda Hall, Associate Equal Opportunity Of ficer/Associate
Title IX Coordinator, [email protected]
Bobby J. Mason, Associate Equal Opportunity Of ficer/Associate
Title IX Coordinator, bobby [email protected]