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Gender Equity Issues in Intercollegiate Athletics

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Title: Gender Equity Issues in Intercollegiate Athletics


1
Gender Equity Issues in Intercollegiate Athletics
2
Areas
  • Critiques
  • The Law of Accommodation for the 1990s
  • Female Participation Numbers
  • Governmental Responses
  • Title IX in Practice

3
Critiques of the issue
  • Jessica Gavora (MU grad), Tilting the Playing
    Field Schools, Sports, Sex and Title IX (2002)
  • Interviewed dozens of leading college athletes,
    educators and legal experts to amass compelling
    evidence that Title IX has had a destructive
    effect on all college athletes, female as well as
    male
  • How Title IX has been used again and again to
    favor women, even though its supposed to promote
    "equality

4
Critiques of the issue
  • Brian Porto, A New Season Using Title IX to
    Reform College Sports (2003)
  • Demonstrates how colleges might retain threatened
    varsity programs and expand sports opportunities
    for women students if they replaced the current
    commercial model with one that emphasizes student
    participation
  • Rita Simon, Sporting Equality Title IX Thirty
    Years Later(2005)
  • Collection focusing on strength and weaknesses of
    Title IX and recommendations for strengthening or
    changing its goals and objectives
  • Linda Jean Carpenter Vivian Acosta, Title IX
    (2005
  • Offer a balanced, comprehensive view of this
    issue, lending important insights into Title IXs
    requirements and application both now and when it
    was enacted

5
The Law Accommodation
  • Title IX Law
  • Regulations equal opportunity
  • From Policy Interpretation
  • Part Three Compliance in meeting interests and
    abilities of male and female students
  • 3 part accommodation test
  • 2 part levels of competition test
  • http//www.ed.gov/about/offices/list/ocr/docs/t9in
    terp.html
  • From Office of Civil Rights
  • 1996 Clarification of Intercollegiate Athletics
    Policy Guidance The Three-Part Test
  • http//www.ed.gov/about/offices/list/ocr/docs/clar
    ific.htmltwo
  • Clarification provides updated interpretation and
    clarification of the Policy Interpretation

6
1996 Clarification
  • 3-part test gives school 3 separate ways to
    provide nondiscriminatory opportunities
  • Still more to Title IX compliance (still quality
    of competition / quality and king of athletic
    benefits, etc.)
  • Part One are participation opportunities
    substantially proportionate to enrollment?
  • Part Two History and practice of program
    expansion for underrepresented sex?
  • Part Three Fully and Effectively Accommodating
    Interests and abilities?

7
Participation
  • NCAA Report
  • Longitudinal Study

8
Participation 2002-03 NCAA Gender Equity Report
  • Report done since 1991
  • Not designed to measure Title IX compliance, just
    numbers
  • Provide comparisons among respective divisions
  • Response Rates
  • By Division (p.9)
  • Overall 82.5 - down 3.5 (852 out of 1033
    members)

9
Participation 2002-03 NCAA Gender Equity Report
  • Areas
  • Participation
  • Total Expenses
  • Recruiting Expenses
  • Scholarships
  • Head Coaches Salaries
  • Assistant Coaches Salaries
  • Table 32a Athletics Administrative Staff

10
Study
  • Women in Intercollegiate Sport A Longitudinal,
    National Study ? Twenty Seven Year Update
    (1977-2004)

11
Women in Intercollegiate Sport
  • Participation
  • 1968 16,000 female college athletes
  • 2004 - 8,402 womens college teams
  • Coaching
  • 1972 (90 women) ? 2004 (44.1)
  • Administration
  • 1972 (90 womens programs) ? 2004 (18.5)

12
Picture of the NCAA
  • Still problems of at all levels but DI AAA
  • Main problems at DI
  • Increases in participants, scholarships,
    recruiting expenses and coaching salaries over
    the last decade.
  • Big difference in funding men's and women's
    athletic programs

13
Revenues and Expenses, Profits and Losses of D1A
Athletics Programs (2003 Fiscal Year)
  • Overall
  • Total Sports
  • Womens total revenues only 7 of mens or 15 M
    less than mens
  • Womens total expenses 43 of mens total
    expenses or 6 M less
  • Basketball
  • Womens total revenue 56 of mens revenues
  • Womens total expenses 9 of mens total expenses
  • Overall ? Womens net profit negative 143 while
    net profit for men positive 73

14
  • Government reaction to continued problems
  • Secretary of Educations Commission on
    Opportunity in Athletics (2003)

15
Commission
  • Why form the Commission?
  • Purpose of the Commission?
  • Who were members of the Commission?

16
Minority Report
  • Why is there a Minority Report?
  • Specific objections?

17
Reports
  • Findings
  • Recommendations
  • Focus is on collegiate sports

18
  • Process
  • Issues
  • Present Commission and Minority Perspective
  • Reactions to each

19
Issues
  • (1) Validity of Cutting Mens Programs
  • Is cutting mens programs still a legitimate
    option to come into compliance with Title IX?
  • (2) Validity of the Three-Part Accommodation Test
  • Findings
  • Recommendations

20
Issues
  • (3) Cost of Athletics
  • Policy Interpretation
  • Unequal aggregate expenditures for members of
    each sex or unequal expenditures for male and
    female teams if a recipient operates or sponsors
    separate teams will not constitute noncompliance.
    . .but. . .may consider the failure to provide
    necessary funds for teams for one sex in
    assessing equality of opportunity for members of
    each sex
  • (4) Enforcement Efforts
  • Is there enough enforcement?

21
Governmental Response
  • Did not accept or adopt Commission Report did
    not recognize Minority Report
  • Follow up
  • Further Clarification of Intercollegiate
    Athletics Policy Guidance Regarding Title IX
    Compliance (2003)
  • Commitment of Bush Administration

22
Clarification Letter from OCR
  • (1) Reiterates importance of 3 part test
  • (2) Elimination of teams not required and is
    disfavored
  • (3) Aggressive enforcement yet will help so
    sanctions not necessary
  • (4) Private sponsorship of teams is allowed but
    does not change Title IX analysis
  • (5) Will ensure enforcement does not vary from
    region to region

23
Title IX in Practice
  • Achieving Gender Equity Manual
  • NCAA Gender-Equity Task Force recommendation
  • Gender-equity sourcebook for members
  • Designed to help administrators and faculty
    ensure that any athletics program is in
    compliance with the law (Title IX)
  • Basics of Title IX
  • Current Case Law Analysis
  • Athletics Certification Issues
  • Promotion Ideas
  • Emerging Sports
  • Resources

24
D1 Athletics Certification Program
  • Title IX and equity operating principle for
    Certification not the same
  • Principle Commitment to fair and equitable
    treatment of male and female SAs and athletics
    department personnel
  • Basic Requirements of Institutional Plan (p.2)
  • Program Areas to be Reviewed for Gender Issues
    (p.4)

25
MU Certification
  • 1997 developed plan
  • Proportionate participation opportunities
  • Equitable benefits for coaches (basketball)
  • Equitable access to practice facilities
  • Equitable marketing, promotion and sports
    information practices
  • Increased number of female candidates for
    coaching and administrative positions
  • Narrow spending gap

26
MU Certification
  • 2004-2005 Five-year Gender Equity Plan
  • Operating Expenses
  • Sports Revenue
  • Salaries for Coaching Staffs

27
Emerging Sports
  • 1994 NCAA Convention began defining these sports
  • Use as a way to increase participation
    opportunities for females
  • Definition of Emerging Sport A sport recognized
    by the NCAA that is intended to provide
    additional athletics opportunities to female
    student-athletes
  • Requirements to have adopted by NCAA

28
Next Class
  • Cutting programs, sexual harassment, and
    employment discrimination issues
  • Cases
  • Miami
  • National Wrestling Coaches Association
  • Barrett
  • Klemencic
  • Stanley
  • Murphy
  • Hand back Project One
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