Transcript Waiving” the Risk Good-bye Dr. Robin Ammon Jr. Slippery

Title IX Compliance for High
School Athletics Programs
Barbara Osborne
Ice Miller, LLP
Title IX of the Education
Amendments of 1972
“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.”
Who is your Title IX
Coordinator?
Title IX requires your school to:
• Offer male and female students equal
opportunities to play sports
• Treat male and female athletes fairly
• (Provide equal shares of athletics
scholarships)
Participation Opportunities
 Whether participation levels for boys and
girls are substantially proportionate to the
respective enrollments at your school; OR
 Whether there has been a history and
continuing practice of program expansion
which is demonstrably responsive to the
interest and abilities of the underrepresented
sex; OR
 Whether it can be demonstrated that the
interest and abilities of the members of the
underrepresented sex have been fully and
effectively accommodated by the present
program
Proportionality
• Are the percentages of male and female
athletes about the same (within 2%) of the
percentages of male and female students
enrolled at your school?
Natiionally
Florida High
Schools
Girls
3,114,091
41.3%
101,325
41.8%*
Boys
4,422,662
58.7%
141,031
58.2%
Three part test #2
 Whether there has been a history and
continuing practice of program expansion
which is demonstrably responsive to the
interest and abilities of the underrepresented
sex
Adding Sports
Three part test #3
Whether it can be demonstrated that
the interest and abilities of the
members of the underrepresented sex
have been fully and effectively
accommodated by the present program
Title IX requires your school to:
• Offer male and female students equal
opportunities to play sports
• Treat male and female athletes fairly
• (Provide equal shares of athletics
scholarships)
Benefits and Opportunities
The following program factors must be taken into account
to determine whether benefits, opportunities, and
treatment are equivalent:
•
•
•
•
•
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Provision of equipment and supplies
Scheduling of games and practice time
Travel and per diem allowance
Opportunity to receive coaching
Assignment and compensation of coaches
Provision of locker rooms, practice and competitive
facilities
• Provision of medical training services
• Publicity
Conduct a Title IX evaluation
OCR enforcement
• Self enforcement
• Random compliance
reviews
• OCR Investigates
– Examines institutional
records related to financial
aid, 11 program
components, 3-part test
(Title IX Investigator’s
Manual)
• Letter of resolution
• Withhold federal funding
to institution
Litigation
• Time consuming
• Expensive
Evaluation Resources
• Check it Out
www.nwlc.org
• Title IX Resource
Center
www.womenssportsfoundation.org
• Independent
consultant
Sexual Harassment
OCR Definition: Unwelcome sexual advances, requests for
sexual favors and other verbal, nonverbal or physical
conduct of a sexual nature when
1) Submission of such conduct is a term or condition of a
student’s participation in a program or activity
2) submission to or rejection of unwelcome sexual
advances, requests for sexual favors, or other conduct
of a sexual nature is used as the basis for an
educational decision
3) Such conduct has the purpose or effect of
unreasonably limiting a student’s ability to participate
in or benefit from an educational program or activity or
creates an intimidating, hostile or offensive
environment.
Student-Athlete Pregnancy
Students (including student-athletes) cannot be
discriminated against in the event of
• Pregnancy
• Childbirth
• Conditions related to pregnancy
• False pregnancy
• Termination of pregnancy
• Recovery from termination or pregnancy
• Parental or marital status
Retaliation
Jackson v. Birmingham Bd. of Education (2005)
• Retaliation is intentional discrimination on the basis of
sex
• One who witnesses and complains about discrimination
is protected from adverse action imposed because of the
complaints
Recommendations
•
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Educate!
Conduct a review
Create a plan
Evaluate
Questions?
Thank you.
Contact information:
Barbara Osborne
Ice Miller LLP
[email protected]
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It’s what you learn after you
know it all that counts.
John Wooden