Title IX Implications for Interscholastic Athletics

“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” (Title IX of the Education Amendments of 1972, P.L. 92-318,20 U.S. C. S. section 1681 et seq.)

Accommodating the interests and abilities of both sexes (13 areas) Equipment and supplies Scheduling of games and practices Travel and per diem allowance Opportunity to receive coaching Academic tutoring Assignment and compensation of coaches and tutors Provision of locker rooms and practice and competitive facilities Medical and training facilities and services Housing and dining facilities and services Publicity Recruitment Support services Financial assistance

What does your state association say?

Which state(s) address the law the most extensively?

http://www.khsaa.org/titleix/

Which state(s) address the law the least extensively?

What else? “Recommended” to offer complimentary It is a “spirit” a “personal ethic” BUT . . . Don’t have the authority to interpret or rule on compliance Equal EXCEPT athletic programs Equal opportunity except contact sports

WHAT? An athletic program is gender equitable when either the boys or the girls sports program would be pleased to accept as its own the overall program of the other gender.

Which essentially means If you are happy with your half of the cake (your program) as compared to the other half of the cake (the complimentary program) equity is met.

Followed by. . . This policy recognizes past inequities created by the traditional male domination of sports opportunities and the need to encourage and protect the development of girls athletic programs.

Continuing sources of Title IX complaints?

Examples . . . . North Rockland Central School District, NY Ollier v Sweetwater Union High School District, CA NFHS, Sports Law Year-in-Review, January 2010 North Rockland Central School District, NY Hartland School District, WI www.TitleIX.info Florida High School Athletic Association www.Womenssportsfoundation.org Communities for Equity v MHSAA, filed 1998 Settled 2007 www.communitiesforequity.com/mhsaa.html

2005 U. S. Supreme Court rules in Jackson v 2005 U.S. Supreme Court rules in Jackson v. Birmingham Board of Education Individuals, including coaches and teachers, have a right of action under Title IX if they are retaliated against for protesting sex discrimination Beyond the Headlines – A Report of the National Coalition for Women and Girls in Education

Misinformation Unfortunately, the current boy crisis hype and the debate around it are based more on hopes and fears than on evidence. Distracting attention from more serious educational problems—such as large racial and economic achievement gaps—and practical ways to help both boys and girls succeed in school. — The Truth About Boys and Girls

Good News??? Girls’ Sports Participation Continues to Rise   National Federation of State High School Associations (NFHS) report from 2008-2009 participation in high school sports has never been higher. Girls increased by 56,825 - Boys increased by 50,547 10 most popular sports for girls: outdoor track and field , basketball, volleyball, fast pitch softball, soccer, cross country, tennis, swimming and diving , competitive spirit squads, golf The complete NFHS report is available at www.nfhs.org

Avoiding Title IX Compliance Issues Be proactive Prepared Knowledgeable Analytical

BE PROACTIVE Monitor booster clubs / donations Remember . . . . School can use funds as designated by donor If results in an inequity along gender lines District must correct using its own funds if needed Remember . . . . Budgets don’t need to be equal Benefits provided must be equal Potential Solution? All-inclusive school-wide sports booster club policy

BE PROACTIVE Pay attention to the law (Spring 2009) “The High School Athletics Accountability Act” “The High School Sports Information Collection Act” Completion and submission of annual Title IX self-audits US Department of Education Tracking of the two bills @ www.thomas.gov

BE PROACTIVE Work to identify a Title IX compliance officer By law: Public schools Charter schools Magnet schools Investigates complaints: Sex discrimination Sexual harassment

BE PROACTIVE Administration: Coaches / Teachers Work to create a committee and begin with a strategic plan School board members Public / community members etc. Coaches / Teachers Work to be on the committee

Strategic Plan Assess existing program Organize training sessions Staff District personnel Action plan Explore additional funding options Develop a process to determine interest levels Hide / ignore nothing High School Today / January 2010

Success Stories?

KENTUCKY KHSAA Title IX Education Program Information KHSAA Board Policy on Title IX Education Program Title IX Background Information KHSAA Administration of Title IX: Steps for Title IX Compliance Components of Title IX - Three Part Test KHSAA Working Budget Comparison for Title IX Model Athletic Booster Club Agreement (PDF) KHSAA Title IX Education Workshop Information 2010-2011 Title IX Workshop Information –TBA KHSAA Title IX School Re-Visit Program Schools Being Re-Visited in the Current School Year Cover Letter and Agenda (PDF)

2009-2010 KHSAA Title IX Annual Forms Packet Complete Title IX Annual Report (PDF) 2009-2010 KHSAA Title IX Forms (DOC Version) GE-19 Verification of Title IX Compliance T-1 Accommodation of Interests and Ability-Test 1 T-1 (Sample) T-2 Accommodation of Interests and Ability-Test 2 T-3 Accommodation of Interests and Ability-Test 3 T-4 Accommodation of Interests and Ability-Summary T-35/T-36 Directions T-35 Expenditure Chart T-36 Expenditure Chart 2 T-41 Checklist - Overall Program T-60 Corrective Action Plan T-61 Student Athletic Survey T-63 Survey Summary of Responses

OCR Documents and Links Link to OCR Web Site Dear Colleague -Regarding Single Sex Schools (1/31/07) Dear Colleague -Clarifications of 3 Part test (intercollegiate) (03/2005) Technical Manual-3 Part test-Test 3 (intercollegiate) (03/2005) Dear Colleague -Regarding Athletics Compliance (07/2003) Revised Guidelines about Sexual Harassment (01/2001) OCR Technical Manual for Checking Compliance (02/2005)

Kassy (kicker) - 72 of 72 extra points / 2-4 field goal attempts / state champs http://www.youtube.com/watch?v=v4iCgDraUVc&feature=player_embedded

Thank you!! LcarpentBC@aol.com PortmanP@uww.edu WitteK@uww.edu