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Substantive equality

Substantive equality. Title IX: School Athletics. Title ix (p. 189).

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Substantive equality

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  1. Substantive equality Title IX: School Athletics

  2. Title ix (p. 189) • “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….” • Administered and regulated by the Department of Education

  3. Discussion Questions • If fewer women than men participate in sports, does the school system have an obligation to undertake efforts to increase women’s interest in sports? • Does the school system also have an obligation to try to reduce the disparity between men’s and women’s performance so that, to the extent possible, single-sex teams eventually can be eliminated?

  4. COHEN V. BROWN UNIVERSITY (1st Cir. 1996) (PP. 187-192) • Brown University demoted men’s & women’s teams from university-funded to donor-funded. • Teams lost support and privileges accompanying university-funded status. • District Court found: • Brown violated Title IX • Brown’s plan for compliance was not “comprehensive” • Brown appeals: • Challenges on constitutional and statutory grounds the test employed by the District Court in determining whether Brown complied with Title IX

  5. Athletics at Brown university (pp. 188-189) • Brown’s Mission Statement • “Moreover, the athletic program strives in providing equitable opportunities for women and minorities.” • University-funded • Donor-funded • 1993-1994 • 32 teams • 16 men – 12 university-funded • 16 women – 13 university-funded • 897 athletes • 555 men (61.87%) • 342 women (38.13%)

  6. DISPARITY IN THE NUMBERS (PP. 189) • 200 more positions for men than for women • 13.01% disparity between female participation in athletics and female student enrollment • “although the number of varsity sports offered to each gender are equal, the selection of sports offered to each gender generates far more individual positions for male athletes than for female athletes….”

  7. Three-prong test (pp. 189) • Developed to implement Title IX regulations • Providing athletic participation opportunities that are substantially proportionate to the student enrollment. • Demonstrate a continual expansion of athletic opportunities for the underrepresented sex • Full and effective accommodation of the interest and ability of underrepresented sex.

  8. Majority opinion • Rejected Brown's challenge to Title IX, which was based on the stereotype that men are more interested in sports participation than are women. • Interpretation of Title IX: • “..proportion of women served by varsity sports needs to be the same as the proportion of men served….”

  9. Title ix & women’s participation in sports (pp. 193) • Historical understanding • Sports were harmful to women’s reproductive capacities • Competition was contrary to femininity • Female athletes were viewed as unattractive • “Unsexed Amazons” • Modern understanding • Lowers risk of osteoporosis and breast cancer • Lesser likelihood of unintended pregnancy • More likely to graduate high school • Higher self-esteem • Less risk of depression • Perform better in school • High School: Participation grew from 294,000 girls before Title IX to 3,057,000.

  10. Equivalent opportunities for male & female athletes • Title IX claims are not generally women wanting access to men’s teams, but rather equivalent athletic opportunities for male and female students. • Most frequent Title IX issue: allocation of resources. Equality is measured by variety of factors; levels of competition, supplies, scheduling, travel, tutoring, locker rooms, etc. • However…the OCR does not audit/monitor accuracy of data schools report regarding gender equity, nor does it initiate compliance review proceedings, or referral of cases to the DOJ for further legal proceedings. • What could be a more effective and accurate way to ensure accuracy and compliance under Title IX?

  11. Discussion questions: Post cohen • Since the early 1990s, over two thirds of institutions have claimed to be in compliance by effectively accommodating women’s interests. How have you seen women’s interests accommodated, whether here at OU or your undergraduate university? • Could improving opportunities for women mean producing a more cooperative model of sport that better promotes physical and psychological health, teamwork, friendship, and recreation, rather than replicating the “male” athlete?

  12. Accommodating women’s interests in athletics • Title IX requires that interests have been fully accommodated, but how to measure women’s interests? • Burden on complaining student to show her interests are unmet • Schools can measure interests through an electronic mail survey • Text indicates that the OCR view non-responses to surveys as lack of interest – how to remedy this? Non response does not necessarily reflect lack of interest  “Interest and ability rarely develop[s] in a vacuum…” p. 195 • What are alternative ways for an institution to show that interests and abilities of females have been fully accommodated?

  13. What title xi means to women • http://www.youtube.com/watch?v=ARIDJiJwmhY

  14. Title ix and male sports • Over the last 25 years, men’s intercollegiate sports have in fact faced a decline in the number of teams. • Attributed to escalating expenditures on revenue producing male sports, and little do with increased resources for women’s sports. Schools keep these sports, despite the cost, for morale, publicity and reputation purposes. • Can revenue sports (football, basketball) be compared to other sports for Title IX purposes?

  15. Average athletic participation with football

  16. Average athletic participation without football

  17. Affirmative action or remedy for past discrimination? • Colleges and universities have historically contributed to women’s lack of interest in sports in a variety of ways, including: dominance of men in leadership positions, linkage of sports and coaching to masculinity, and demeaning characterizations of female athletes. P. 196 • How can a university, such as Brown, reverse the effects of its past practices?

  18. Redefining sport • Since the passage of Title IX, schools have pursued a more competitive model of sports – high visibility, high pressure – rather than increasing participation. • Should participation in women’s sports revert back to focusing on a more cooperative model of sport that promotes better physical and psychological health, teamwork, friendship, and recreation?

  19. Why title ix is still important • The general perception is that girls now have equal opportunities in all areas of athletics. But that's just not true. • 2006 -2007 – 3 million girls participating in high school athletics • 41% of high school athletes, even though they represent more than 49% of the high school student population. • 2005-2006 –171,000 women participating in college athletics. • 42% of college athletes, even though they represent over 50% of the college student population nationwide.

  20. Title ix: 40 year anniversary • Although women are making significant strides in athletics, Female athletes receive only 3% of ESPN The Magazine’s written coverage, and only 5% of the photographic coverage • Female college athletes receive only 38% of sports operating dollars which is $1.17 billion less than their male counterparts. • Female NCAA athletes receive only 45% of college athletic scholarship dollars, which is $148 million less than male athletes. • Women have come a long way, but need to continue carrying the torch of those who have gone before us.

  21. Why Title IX IS Still important • Each year, male athletes receive over $136 million more than female athletes in scholarships at NCAA member institutions. • Women in Division I colleges are over 50% of the student body • …but receive only 32% of athletic recruiting dollars and • 37% of the total money spent on athletics. • In 2008, only 43% of coaches of women's teams were women. • In 1972, the number was more than 90%.

  22. Why title ix is still important • The OCR can investigate any school where it believes there may be Title IX problems, but it rarely does. • 2002-2006 • 416 athletics complaints filed • 11 times more complaints about women’s discrimination • Only one school athletics program was reviewed • 54% challenged inequitable treatment of girls’ or women’s teams • In K-12, 60% of the allegations concerned inequities in treatment of female teams.

  23. Final discussion questions • How has Title IX effected your life? • Where do you see the future of Title IX headed? • Does Title IX have a ripple effect outside the sports arena? In other words, how far reaching is Title IX to other realms of gender equality?

  24. Title IX Coordinators at ou Laura Palk, Institutional Equity & Title IX Coordinator and Assistant Legal Counsel, lpalk@ou.edu Melinda Hall, Associate Equal Opportunity Officer/Associate Title IX Coordinator, mhall@ou.edu Bobby J. Mason, Associate Equal Opportunity Officer/Associate Title IX Coordinator,  bobby-mason@ouhsc.edu

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