GOOD SPORTS,INC.
Title IX andGenderEquity Specialists
EXECUTIVE SUMMARY . TITLE IX ATHLETICS
Title IX of the EducationAmendmentsof 1972prohibits sex discriminationin education
programsthat receive federal funds. Title IX prohibits sex discrimination in all aspectsof
educationprograms,including admissions,treatmentof students,accessto courses,all types of
financial aid, extracurricularactivities,athletics,and employment. As a federallaw, Title IX
takesprecedenceover statelaw and athleticassociationby-laws.
The Office for Civil Rights (OCR) of the U.S. Departmentof Educationhasnationwide
enforcementauthority for Title IX. OCR has the legal authority to issuepolicies elaborating
on the regulationsit enforces. OCR's major policy documentsconcerningathleticsinclude the
1979lntercollegiateAthletics Policy Interpretation;the 1990Title IX Athletics Investigator's
Manual (co-authoredby the founderof Good Sports,Inc.); the "Clarification of Intercollegiate
Athletics Policy Guidance: The Three-PartTest," issuedin 1996;and a policy clarification for
athleticscholarships,issuedin 1998. The 1979Policy Interpretationis the most significant
policy documentfor Title IX athleticsrequirementsand remainscuffent policy.
Civil rights laws havetwo basicprovisions: equal accessto the program,and equal treatment
oncein the program. The Title IX athleticspolicy for equal accessis addressedby the program
componentof the "accommodationof interestsand abilities," which incorporatesthe much
debatedand litigated three-parttest. The policies for equal treatmentof those who have
becomeparticipantsare addressedby 12 other programcomponents.
The Policy Interpretationoutlinesfactorswithin the l3 programcomponents,which are
separatedinto threemajor categoriesfor compliancefindings,namely: 1) the Accommodation
of Interestsand Abilities; 2) Athletic Financial Assistance;and 3) Other Athletic Benefits and
Opportunities,which includesthe 11 programcomponentsof - equipmentand supplies;
schedulingof gamesand practicetimes; travel and per diem allowances;tutoring; coaching;
locker rooms,practice,and competitivefacilities; medicaland training facilities and services;
housingand dining facilities and services;publicity; supportservices(administrativeand
clerical support, and office space);and recruitment of student-athletes.
not coachesor administrators;
The Title IX athleticsprovisionsprotectstudent-athletes,
employeesare protectedby anothersubpartof the Title IX regulationcoveringemployment.
working
The Title IX athleticsrequirementsregardingcoaches'salaries,coaches'contracts,
conditions,courtesycars,and coaches'officespaceand clerical supportare reviewedonly to
the extentthat, by enhancingcoaches'availabilityand efficiency,they allow coachesto better
servethe student-athletes.
PostOtlice Box 500505
SanDiego,Califomia92l 50
Telephone
1858)695-9995
Fex(858)695-9909
Page2_ TITLEIX ATHLETICS
EXECUTIVESUMMARY
Title IX doesnot requireequalfunding or dollar-for-dollarmatchingin the women'sand men's
programs,but lack of funds cannotjustify sex discrimination. Title IX doesnot prohibit
privatefunding, revenueproduction,fundraising,boosterclub or other donationsfrom
subsidizingathletics. Title IX doesnot imposeany requirementsfor budgetingproceduresor
specifyinto which accountdonateddollars must be deposited.Nevertheless,institutionsare
not absolvedof their obligation to comply if donorschooseto donateonly to men'steams,the
boosterclub supportsonly football, or institution staff make poor choicesabouthow to spend
the available money. This meansthat whatever benefits are provided for student-athletes
(improvedfacilities, new uniforms,bettertravel accommodations,
scholarships,etc.) via
donatedmonies,tangiblegifts, guarantees,
and endowments,are all viewed underTitle IX as
benefitsprovidedby the institution. This principle of institutionalresponsibilityis the same
under all civil rights laws so as to prohibit actionsthat would circumventthoselaws.
There are only two programcomponentswhere dollar amountsare key to compliancefindings:
athleticscholarshipsand recruitment. Awarding dollarsproportionateto participationis
requiredfor scholarships,while it is a compliancetarget,not a requirement,for recruitment.
Under certaincircumstances,disproportionatefunding may be justified underboth program
components.Compliancewith most other programcomponentsis determinedby the tangible
benefitsprovidedto students- the quality of equipment,availability and quality of coaches,
modesof transportation,practiceschedules,the quality of facilities,the availability of trainers,
the publicationsprovided- and not the dollar amountspentfor eachbenefit.
Title IX does not require identical programs for men and women or identical benefits for
women'sand men'steamsin the samesports. Different sportsmay be emphasizedfor men and
women. Differencesin benefitsbetweenwomen'sand men'steamsare not compliance
concernsuntil studentsof one sex are at a disadvantage,and this disadvantageis not offset
elsewherein the program. In accordancewith OCR's 1979Policy Interpretation,offsetting
benefits refers to situations where studentsof one sex are provided an advantagein some
aspectof the program, while studentsof the other sex are provided an advantagein a different
aspectof the program. If the benefitsare of equivalentweight or importance,they may
"offset" eachother or provide a balanceof benefits;in effect,comply with Title IX. Offsetting
benefitsmay be provided within a factor, within a programcomponent,or amongthe eleven
programcomponentscombinedunderthe finding for Other Athletic Benefits and
Opportunities. Compliancefindings for the accommodationof interestsand abilities,which
incorporatesthe three-parttest,are independentof all other findings. Findings for athletic
scholarshipsare also independentof all other findings.
Sport-to-sportcomparisonsare useful for analysisand identifying differencesin benefits,but
compliance determinationsare dependentupon comparing the total women's program to the
total men'sprogram. For example,for a program with ten men'steamsand elevenwomen's
teams,the benefitsprovidedto all ten men'steamsmust be comparedto thoseprovidedto all
elevenwomen'steamsbefore a compliancedeterminationcan be made. A review of benefits
for the more popular sports,Olympic sports,revenue-producing
sports,highesttier sportsor
any other subdivisionis incomplete,and therefore,inaccurate.
Page3 _ TITLEIX ATHLETICS
EXECUTIVESUMMARY
In general,OCR classifiescomplianceproblemsby different levels of severity. A "violation"
of Title IX representscompliance problems so severeas to deny equal athletic opportunity on
the basisof sex program-wide. An institution found in violation of Title IX - and that refuses
to remedy the violation - risks losing federal funding. A "disparity" representsa difference in
benefits where studentsof one sex are at a disadvantage,but not to the extent of a violation. A
minor disparity usually representssituations where only one or two teamsrepresentinga small
percentageof the participantsfor one sex, such as 20%oor less, areat a disadvantagefor a
minor benefit. A significantdisparitygenerallyrefersto situationswhere severalteamsfor one
sex are at a disadvantage.
For both the accommolu,ronof interestsand abilities and scholarships,failure to comply with
eitherprogramcomponentmay violate Title IX. Complianceproblemswithin the other 11
programcomponentsdo not by themselvesviolate Title IX unlessthe problemsare egregious.
However, disparities are reviewed collectively to determinewhether they createa pattern and
practiceof discrimination. If so, a seriesof disparitiesmay rise to the level of a violation.
Many institutions,even when avoiding a violation in a singleprogramcomponentsuchas the
accommodationof interestsand abilitiesor scholarships,havea seriesof disparitiesthat
createsa patternand practiceof discriminationthat violatesTitle IX. Consequently,
administratorsshouldremedyany minor disparity that is identified as soonas possibleto
reducethe potentialfor a violation.
There are no-costsolutionsto all Title IX complianceproblems,and most problemscan be
resolvedwithin a year. Significantremediesthat institution officials may choose,suchas
renovatingor constructingfacilities,hiring staff, or addingteams,shouldbe completedas
quickly as possible,but officials shouldplan on two or threeyearsat the most. Interim
compliancemeasures,suchas reassigningexisting facilities, shouldbe implementedwhile
significantlong-termremediesare in progress.Delaying any relief for the disadvantagedsex
for threeyearsor more might be viewed as dilatory. Officials who chooseto delay compliance
for as long as five yearsinvite speculationregardingtheir intentionsto comply.
Valerie M. Bonnette, President,Good Sports, tnc., Title IX and Gender Equity Specialists
PO Box 500505,San Diego, CA 92150 (858) 695-9995 fax (858) 695-9909
@earthl
ink.net
eoodsports
www.titleixspeci
alists.com