Title IX 30 Years Later: An In Depth Policy Analysis
Kari Odland ms, atc and Christina Eyers ma, atc
Central Michigan UniversityAthletic Training Education Program, Faculty
Women Rock Cleveland Title IX Conference
March 29,2007
Title IX: The Facts
• The 1970’s– A year or two before title ix’s passage
16,000 college female athletes participated on varsity teams. They did so without scholarship assistance, and little institutional backing for coaches, uniforms, travel, locker rooms or athletic training.
Title IX: The Facts
• The 1980’s– Many changes occurred including
the demise of the AIAW when the NCAA took over women’s athletics and the effects of historic lawsuits and legislation concerning the application of title ix’s jurisdiction to college athletics.
Title IX: The Facts
• The 1990’s– Additional lawsuits provided more
knowledge concerning title ix and focused more on the enforcement of title ix rather than its jurisdiction.
Title IX: The Facts
• The 2000’s– Much of the focus on title ix
centered around the loss of men’s ‘minor’ sports at the hands of administrators who sacrificed them rather than restructure the budgets for ‘premier’ men’s teams in order to meet mandates of providing access to both male and female students.
Policy Analysis
Policy Analysis of Title IX
• The office of civil rights three-part test for participation opportunities begins with the premise that if women’s and men’s rates of participation in intercollegiate athletics are proportionate to their rates of enrollment at the institution, then compliance is presumed
Policy Analysis of Title IX
• The Office for Civil Rights (OCR) is the office in the Department of Education that has the main responsibility for enforcing Title IX.
• The OCR can investigate any school where it believes there may be Title IX problems, but it rarely does.
• In 2001, OCR initiated only two Title IX
reviews of athletic programs.
http://www.titleix.info
Policy Analysis of Title IX
• 80% of all colleges and universities are still not close to being in compliance with title ix after 30 years.
Women’s Sports Foundation. Retrieved May 25, 2006, from
http://womensportsfoundation.org
Policy Analysis of Title IX
• Three Part Test – participation opportunities
1. Provide women and men with participation opportunities at rates that are
proportionate to their respective rates or enrollment as full-time undergraduate students
2. Demonstrate continuing program expansion for the underrepresented sex
3. Fully accommodate the underrepresented sex
Policy Analysis of Title IX
• Test One– Participation proportionate to full-
time undergraduate enrollment
What does that Mean?– Having the same proportion of
women playing sports as are enrolled as undergraduates
Policy analysis of Title IX
• University of Wisconsin
– Overall Enrollment– Female 53%– Male 47%
– Athletic Participation– It was found in the fall of 2000 that the
athletic department was short 25 female student-athletes and was ordered by the federal government that they obtain “equity”
Policy Analysis of Title IX
• James Madison University
– Overall Enrollment – Female 61%– Male 39%
– Athletics Participation– Female 50.7%– Male 49.3%
Policy Analysis Of Title IX
• Test Two– Continued program expansion for
the underrepresented sex
What does that mean?– Having a history and continuing
practice of expanding programs for women
Policy Analysis Of Title IX
• Boulahanis v. Illinois State University, 2000– No women’s team
had been added in over ten years and women’s interests were not fully accommodated.
National Association of college women athletics administration. Retrieved May 21, 2006, from
http://www.nacwaa.org
Policy Analysis of Title IX
• Belmont University
– Was judged to be in compliance in 1998 even though it was still in the process of adding three new women’s teams
– Women’s Soccer, Cross Country, Golf
Policy Analysis of Title IX
• Saint Joseph’s University• No Experience Necessary!• No Early Mornings!
• University of Minnesota• No Experience Necessary!• Looking for Tall Athletes
» (over 5’9”)• Looking for Small Athletes
» (Under 5’3”)• Must Have Athletic Background!• All You Need is Coordination!
Policy Analysis Of Title IX
• Test Three– Fully Accommodate the Underrepresented
Sex– Chosen most often as a compliance
method
What does that mean?– Demonstrates that the women’s sports
program fully and effectively accommodates the interests of female students and potential female students
Policy Analysis of Title IX
• Boucher v. Syracuse University, 1999– Seven Women Lacrosse
club members filed a lawsuit alleging Title IX violations and seeking intercollegiate status for lacrosse, equivalent scholarships and equal treatment in the 11 program components under other athletic benefits and opportunities.
Policy Analysis of Title IX
• Brown University v. U.S. Court of Appeals, 1993
– Ruled that Brown University was not compliant using the third test stating that the option did not mean accommodating women’s interests and ability to the same degree, it meant completely accommodating them.
National Association of college women athletics administration. Retrieved May 21, 2006, from
http://www.nacwaa.org
Considerations of Title IX
Considerations of Title IX
• Sidney A. McPhee– President of Middle Tennessee State
University– Chair, NCAA Subcommittee on Gender
Equity and Diversity
“Each institution has to look within and see what makes sense, and what is doable, keeping in mind the broader goal of providing some balance.”
Considerations of Title IX
• What the public doesn’t know is that these new moneys are being used to fuel the arms races being fought in men’s football and basketball
Considerations of Title IX
• Only 48 athletic programs among the 900+ NCAA member institutions operate at a profit.
National collegiate athletic association. Retrieved May 21, 2006, from
http://www.ncaa.org
considerations of title ix
• University of Notre Dame
– Fiesta Bowl participant in 2006
– $14 million payout
– $14 million dedicated to 3 academic priorities• Undergraduate and Graduate financial aid• Library acquisitions for the 10 libraries on
campus including the Theodore Hesburgh Library
• Equipment for the Jordan Science Hall
Considerations of Title IX
Conclusions
Title IX Conclusions
• One problem is college presidents not putting a stop to the embarrassing waste of money in football and men’s basketball programs
Title IX Conclusions
• Conferences, leagues and the NCAA have not been willing to legislate expenditure limitations, lower scholarship limits or even require fewer games if that’s what it takes to have sufficient resources to make sure that male non-revenue producing sports as well as females get the chance to play
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Coakley, J. ( 2006). Sports in society (9th ed.). McGraw Hill Publishing: Philadelphia.
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Gavora, J. (2003). college sports sellout. Retrieved May 21, 2006, from http://www.nationalreview.com
mcmurtre-bonnette, v. (2004). Title ix and intercollegiate athletics: in plain english. good sports inc.: San Diego.
National Association of College Women’s Athletics Administrators. Retrieved May 25, 2006, from http://wwwnacwaa.org
Suggs, W. (2005). New federal policy eases rules for colleges to probes compliance with Title IX. Retrieved May 21, 2006, from http://Chronicle.com
Title IX EXcersise my rights. Retrieved May 21, 2006, from http://www.titleix.infoTitle IX, 30 years later. Retrieved May 25, 2005, from
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www.womenssportsfoundation.orgUniversity of Minnesota. Retrieved January 23, 2007 from
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January 26, 2007 from http://www.startribune.comStar Tribune newspaper. Men’s Basketball: monson out, gophers regroup.
Retrieved January 26, 2007 from http://www.startibune.com
ReferencesThe Business Journal. Ziegler Takes on the Fiesta Bowl Chairman’s Role.
Retrieved January 11, 2007, from http://www.phoenix.bizjournal.comUniversity of Notre Dame. Fiesta Bowl Revenue Direction. Retrieved January 26,
2007, from http://www.goirish.comUS Department of Education. (2003). Open To All: Title IX at 30. Commission
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Encounter Books.: San Francisco.James Madison University. JMU Enacts Proportionality Plan to Comply With Title
IX. Retrieved October, 2, 2006, from Http://www.jmu.eduInside Higher Ed. Numbers Game. Retrieved November 22, 2006, from
http://www.insiderhighered.comInside Higher Ed. Rally for Title IX Changes. Retrieved November 22, 2006 from
http://www.insidehighered.comInside Higher Ed. College Sports $4 million Man. Retrieved November 22, 2006
from http://www.insidehighered.comUniversity of Oregon. Retrieved January 22, 2007 from http://www.goducks.comSaint Joseph’s University. Retrieved January 22, 2007 from
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http://www.aauw.orgGlazer-Raymo, J. (1999). Shattering the myths: Women in academe. Johns
hopkins University press.: Baltimore.National Collegiate Athletic Association. Retrieved June 13, 2006 from
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Thank You!