PED 515 : Title IX & Gender Equity

Area 1Equitable Participation Opportunities

•A fundamental requirement of Title IX is, equitable opportunity to participate in sport must be offered to members of each gender. •Federal regulations define a participant as one: (1) who receives the institutionally sponsored support normally provided to athletes competing at the institution involved (for example, coaching, equipment, medical/training room services) on a regular basis during a sport's season; (2) who participates in organized practice sessions and other team meetings and activities on a regular basis during a sport's season; (3) who is listed on the eligibility or squad lists maintained for each sport. When counting participants for a Title IX participation analysis, every time a student-athlete occupies a spot on a sport team, he/she must be counted as a participant - multi-sport athletes count more than once.

Area 3Equitable Benefits

•Although this list is not exhaustive, it is helpful for assessing these issues in discussions with student-athletes and coaches. ✔Equipment and Supplies - Quality, amount, suitability, maintenance and replacement; equipment availability, apparel, adequate storage & supplies. ✔Scheduling of Contests and Practice Time - Equitable number of contests; number, length and time of day of practices; contest start-times; pre-season and post-season opportunities, including foreign tours. ✔Per Diem and Travel - Travel allowance, modes of transportation, housing furnished during travel, length of stay before & after competitive events, dining arrangements and per diem for institutional competition and other competitive opportunities.

A Definition of Gender Equity(per The NCAA)

•An athletics program can be considered gender equitable when the participants in both the men's and women's 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. - NCAA Gender Equity Task Force, 1992

Area 2Equitable Scholarships(primarily JUCOs &Higher Education)

•Athletics scholarship dollars must be awarded to females and males at the same proportion as their respective rate of participation in the athletics program. Athletics financial aid spent (as opposed to budgeted) should be within 01% of student-athlete participation percentages (not undergraduate enrollment rates).

Area 4Equitable Academic Support Services

•Availability of, and equitable access to, academic support services that meet student-athletes' needs based on individual academic profiles and/or performance, and equitable criteria for obtaining assistance.

Title IX Discrimination in Review

•Gender discrimination is defined as the following by Title IX: ✔Discrimination or harassment based upon one's gender (sex). ✔Unfair treatment, attitudes, or behaviors toward an individual based upon their gender (sex). ✔Gender identity discrimination as covered by Title VII - includes sexism, sexist attitudes, and sex stereotyping.

Text of Title IX in Review

•No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal financial assistance."

OCR (October, 2010)

•OCR issued guidance regarding school policies / obligations to prevent & address complaints of sexual harassment and bullying. Schools were reminded that anti-bullying policy must at a minimum comply with the protections afforded by federal and state law. •OCR notes that "harassing conduct may take many forms, including verbal acts and name‐calling; graphic and written statements, which may include use of cell phones or the Internet; or other conduct that may be physically threatening, harmful, or humiliating. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. •Harassment creates a hostile environment when the conduct is sufficiently severe, pervasive, or persistent so as to interfere with or limit a student's ability to participate in or benefit from services, activities, or opportunities offered by a school. •When such harassment is based on race, color, national origin, sex, or disability, it violates the civil rights laws that OCR enforces."

OCR's Enforcement of Title IX

•OCR vigorously enforces Title IX to ensure that institutions that receive federal financial assistance from ED comply with the law. OCR evaluates, investigates, and resolves complaints alleging sex discrimination. OCR also conducts proactive investigations, called compliance reviews, to examine potential systemic violations based on sources of information other than complaints. •In addition to its enforcement activities, OCR provides technical assistance, information, and guidance to schools/universities/other agencies to assist them in voluntarily complying with the law.

The 3-Prong Test for Gender Equity

•Prong One: Provide participation opportunities for females and males that are substantially proportionate to their respective rates of enrollment as full-time students. •Prong Two: Demonstrate a history and continuing practice of program expansion for the underrepresented gender/sex. •Prong Three: Fully and effectively accommodate the interests and abilities of the underrepresented gender/sex. •An institution must meet any 1 of these, and only 1, to show compliance!

OCR's Sexual Harassment Guidance: Student Harassment by School Employees, Other Students, or 3rd Parties

•The Department of Education and SCOTUS consider sexual harassment is a form of sexual discrimination prohibited by Title IX. In January 2001, the department published "Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students or Third Parties." That Title IX guidance updates and revises the original 1997 guidelines to incorporate and discuss important Supreme Court cases that were decided on the subject in the interim: •Gebser v. Lago Vista Independent School District (claim involving a teacher & student) •Davis v. Monroe County Board of Education (student-on-student harassment); •Oncale v. Sundowner Offshore Services, Inc. (same-sex sexual harassment). •The guidance is designed to help schools chart a course through what can sometimes be a very complicated area of the law.

Title IX

•The U.S. Department of Education's Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments (1972) •Title IX protects people from discrimination based on sex (gender) in education programs or activities that receive Federal financial assistance. Title IX states that: 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

Scope of Title IX

•Title IX applies to institutions receiving federal financial assistance from the U.S. Dept. of Educ. (ED), including state and local educational agencies - including ~16,500 local school districts, 7,000 postsecondary institutions, charter schools, for-profit schools, libraries, and museums. Also included are vocational rehabilitation agencies and education agencies in all 50 states, DC, and U.S. territories & possessions. •Educational programs & activities that receive ED funds must operate in a nondiscriminatory manner. Some key issue areas in which recipients have Title IX obligations are: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and, employment. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX. For a recipient to retaliate in any way is a violation of Title IX.

Title IX and Pregnancy

•Title IX guarantees equal educational opportunity to pregnant and parenting students. This means that student-athletes cannot be discriminated against in the event of their pregnancy, childbirth, conditions related to pregnancy, false pregnancy, termination of pregnancy or recovery there from, or parental or marital status; and they must be offered reinstatement to the same position after pregnancy as they held before the onset of pregnancy.

The April 2011 Guidance

✔Addresses school obligations related to allegations of sexual violence. ✔The 2011 letter supplements the 2001 guidance (see Slide 21) and provides examples of proactive and expedient measures schools are expected to take.

Area 10Equitable Support Services

✔Administrative, secretarial, clerical support and office space

Area 5Equitable Coaching

✔Availability - full time, part time, assistant (and graduate assistants at 2- and 4-year levels) coaches should be equitable. ✔Assignment - training, experience, professional standing and other professional qualifications should be equitable. ✔Compensation - total rate of compensation package, duration of contracts, conditions relating to contract renewal, experience, nature of coaching duties, working conditions, and other terms/conditions of employment should be equitable. Title VII and the Equal Pay Act have additional requirements concerning compensation of staff & coaches.

Area 9Equitable Publicity and Awards

✔Availability and quality of sports information personnel ✔Access to other publicity resources ✔Quantity and quality of publications and other promotional devices ✔Availability and quality of institutional awards ✔Opportunity for application and/or nomination for other outside awards (e.g., governing body, national, conference, local awards) ✔YES, this can apply at the interscholastic level

Area 7Equitable Medical/Training Facilities and Services

✔Availability of medical personnel ✔Availability and quality of weight-training / conditioning facilities ✔Availability and qualifications of athletics trainers ✔Equitable health, accident and injury insurance coverage ✔Provision of medical and training expenses

Area 11Equitable Recruitment of Student-Athletes

✔Equitable opportunities for professional personnel to recruit ✔Availability of financial and other resources for recruitment ✔Equivalent benefits, opportunities and treatment of prospective athletes. ✔YES, this can indeed apply to some degree at the interscholastic level

Area 6Equitable Locker Rooms,Practice and Competitive Facilities

✔Equitable quality, availability, and exclusivity of practice and competitive facilities; ✔Equitable quality and availability of locker rooms; Equitable maintenance/preparation of practice competitive/facilities

LGBTQ Students

✔Every school and every school leader has a responsibility to protect all students and ensure every child is respected and can learn in an accepting environment. ✔Title IX protects all students, including LGBTQ students, from sex discrimination. ✔Title IX encompasses discrimination based on a student's failure to conform to stereotyped notions of masculinity and femininity. ✔Schools should also be aware of their obligation under Title IX and the Family Educational Rights and Privacy Act (FERPA) to protect the privacy of students when maintaining education records ✔Be mindful of the legal duties previously covered, as well as FERPA protection

Fundraising - a Potential Issue

✔Fundraising is vital and an often misunderstood issue. All institutions should have a standardized approach to fundraising and expenditure of money collected. ✔Title IX requires that an opportunity to fundraise not be limited in a discriminatory fashion. If male teams are allowed to fundraise and/or are supported by institutional personnel, facilities, or resources {Booster(s) Clubs included}, then female teams should be provided the same opportunity and support. In this regard, the institution should use its network of contacts to equitably assist its teams with fundraising. The law does not permit provision of disparate benefits on gender. ✔Schools must provide equitable benefits where certain sports or coaches are more popular or work harder to raise funds. No matter the form that donations arrive - cash, ticket "taxes," equipment, endowments, services - once expended or provided to teams, those donations must be considered based on gender equity obligations. ✔Schools must be aware that although targeted donations are received for a specific purpose, all revenue is considered the institution's money as a whole. Thus, the school may need to reallocate some budgeted money from male programs to female programs to offset effects of a donation.

Area 8Equitable Housing and Dining Facilities & Services(primarily concerns 2- & 4-year Schools)

✔Housing provided ✔(Any) Special services as part of housing ✔Dining arrangements ✔YES, this can apply at the interscholastic level

Office for Civil Rights and Gender Equity Complaints

✔Send a complaint to the appropriate OCR Regional office or OCR headquarters. ✔Address inquiries to the OCR Regional Manager. ✔Contact the OCR regional office for your State or Territory, or the national headquarters office for further information.