ATHLETICS 101
Title IX Basics&How To Keep Your Job
Information Is Power
It can help you appropriately recognize and respond to potential problems
Title IX
Title IX of the Education Amendments of 1972 is the principal law that prohibits sex discrimination in education. I provides:“No person in the United States shall on the basisof sex, be excluded from participation in, be deniedthe benefits of , or be subject to discrimination underany education program or activity receiving federalfinancial assistance…”
The Department of Education’sOfficeforCivilRightsOCREnforces Title IXInvestigates complaintsConducts Compliance Reviewswww.ed.gov
Title IX
Title IX applies to most elementary and secondary schools, colleges and universities. It also applies to programs and activities affiliated with schools that receive federal funds (such as internships or School to Work programs and to federally funded education programs run by other entities such as correctional facilities, health care entities, unions and businesses.Title IX protects students, faculty and staff.Title IX regulations require federally funded educational programs to take a variety of steps to prevent and address sex discrimination, including:designateat least one employee with major responsibility to serve as itsTitle IX Coordinator, institution is required to publish the name address and phonenumberadopt and publish grievance proceduresthat follow prompt and equitableresolution ofcomplaintsimplement and disseminate a policy that prohibits sex based discrimination
Enforcement
OCR’s enforcement generally depends on the philosophy of the political party in power or on public and/or political pressure.Because OCR’s enforcement is so bureaucratic and onerous, complainants or plaintiffs have been forced to seek remedies and solutions through the legal process.
Legal Cases
2 majors pertinent cases (there are many others)Franklin v. Gwinnett County Public Schools – in addition to injunctive relief and damages provided for reimbursement for fees and expenses, Franklin also required the school must be found to haveintentionallyviolated Title IX.Jackson v. Birmingham Board – established retaliation under Title IX for coaches suing under Title IX
Enforcement
Penalty for non-compliance is withholding of federal funding. This has never happened in 39 years.Possible results of a compliance review or complaint investigation:the institution is found in compliance with Title IXthe institution and the complainant agree enter into an ECR (EarlyComplaintResolution) prior to the completion of the investigationthe institution is found out of compliance and receives a LOF (LetterofFinding)and usually results in a subsequent CAP (CorrectiveActionPlan)
Areas Covered Under Title IX
Sex discrimination in admission to educational institutionsDiscrimination on the basis of pregnancy and marital statusSexual Harassment in educational institutionsStudent ServicesCareer and Vocational EducationTitle IX and sportsDiscrimination in Physical Education ProgramsDiscrimination in Athletic Programs
Misconceptions Regarding Title IX
Applies only to athleticsApplies only to girls and womenRequires quotasRequires men’s sports to be dropped
Title IX Requires Equitable
1. Athletic Scholarships2. Accommodation of Athletic Interests & Abilities(Participation Opportunities )3. Benefits, treatment and services( in 11 areas called the “laundry list” )
Athletic Scholarships
Athletics financial aid spent(as opposed to budgeted) should be with in 1% of the student-athlete participation percentages(not undergraduate enrollment).If the student-athlete participation is 45% male and 55% female then the scholarship dollars spent should be within 1% of that.
Participation Opportunities
Title IX generally requires institutions to offer male and femalestudents equal opportunities to participate in intercollegiate sports.There are 3 ways institutions can demonstrate compliance:1. the percentage of male and female athletes is about the same as the percentage of male and female enrolled at the school,0R2. the school has a history and continuing practice of expanding opportunitiesfor female students, since they usually have been excluded from sports,OR3. the schools can show that it is completely and effectively meeting the need of the female athletes = interests and abilities.
Who Counts as an OCR “Participant”
Everyone, who on the first day of competition:Receives institutionally-sponsored support normally providedto athletes competing at the institution;andParticipates in organized practice sessions and other team meetings and activities on a regular basis during the sports season;andIs listed on the eligibility or squad list for each sport;orWho because of injury cannot meet the above but who continue to receive financial aid on the basis of athletic ability
“Laundry List”
Equipment and SuppliesScheduling of Games and Practice TimesTravel and Per Diem AllowancesOpportunity to Receive CoachingAssignment of CoachesCompensation of CoachesOpportunity to Receive Academic TutoringAssignment of TutorsCompensation of Tutors
“Laundry List”
Locker Rooms, Practice and Competitive FacilitiesMedical and Training Facilities and Services (includes the weight room)Housing and Dining Facilities and ServicesPublicitySupport ServicesRecruitment of Student Athletes
How To Measure Title IX Compliance
Talk to other coaches and student-athletesBe a bean counter – evaluate using numbers as well as anecdotal explanations and comparisons, can’t control what you can’tcount or verify.Be a critical thinker – ask questionsBecome knowledgeable and familiar with:
How to Measure Title IX Compliance
Athletic DepartmentBudgetsNCAA Financial Data ReportsEADA (Equity in Athletics Disclosure Act)Create spreadsheets to compare benefits and services for all the teams
Title IX
Does not require equal dollars be spent on men and women, only male and female student-athletesmustreceive equitable benefits, treatment and servicesDoes not require the same amount be spent on men’s and women’s sports. Title IX does allow for discrepancies in costs as long as they are based on legitimate and justifiable non-gender related differencesDoes not require identical programs for males and femalesNo sport is excluded from Title IXTiering of Programs allows institutions to choose provide greater resources for some teams as long as it provides those same resources proportionally to femalesNo matter in what form money arrives (fundraising, donations, ticket revenue, etc.) once expended or provided to teams it must be considered in the institutions evaluation of its gender equity obligations
Where To Get Help On Campus
Sport SupervisorSWA(Senior Woman Administrator)Athletic DirectorCampus Title IX CoordinatorFaculty Athletics RepresentativeCompliance CoordinatorLegal CouncilEqual Employment Opportunities Office
How To Keep Your Job
Communication, Common Sense and ConsistencyNo Surprises-have a positive relationship with your sports supervisorDocumentAvoid Compromising Situations –know and maintain appropriate boundaries with peers, subordinates and student-athletes, drinking and drugs, rules violations, lying to NCAA investigators, misuse and abuse of funds and use of cell phones, email, texting, face book and twitter, etc.Reviewyour personnel file annually –know where it is kept and pertinent policies regarding your rightsKnow your institutions/departmentshiring and firing policiesKnow your institutionspolicies regarding discrimination and harassmentKnow where or to whom toreport problems or issues(NCAA violations, gender equity problems, harassment and issues regarding student-athletesKnow where to gethelpon and off campus
What You Can Do
Educate yourself – Information is PowerShare information with colleagues and peersEducate your student-athletes (Title IX, Sexual Harassment, Hazing, potential problems with social media)Educate your parents, fans and community membersCelebrate NAGWSD and the 40thanniversary of Title IXSupport other women coaches and coaches of women’s sportsDocument–Document–Document (be accurate and complete)Report concerns and issues to Sport Supervisor, SWA, T-IX CoordinatorFile a Title IX complaint (should be a last resort)Belong to and financially support organizations that support girls women and equityFinally, after high school please refer to female student-athletes as women
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