Title IX Compliance for High School Athletics Programs Barbara Osborne Ice Miller, LLP

Title IX of the Education Amendments of 1972 “ 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.”

Who is your Title IX Coordinator?

Title IX requires your school to: Offer male and female students equal opportunities to play sports Treat male and female athletes fairly (Provide equal shares of athletics scholarships)

Participation Opportunities Whether participation levels for boys and girls are substantially proportionate to the respective enrollments at your school; OR Whether there has been a history and continuing practice of program expansion which is demonstrably responsive to the interest and abilities of the underrepresented sex; OR Whether it can be demonstrated that the interest and abilities of the members of the underrepresented sex have been fully and effectively accommodated by the present program

Proportionality Are the percentages of male and female athletes about the same (within 2%) of the percentages of male and female students enrolled at your school? NatiionallyFlorida High Schools Girls3,114, %101, %* Boys4,422, %141, %

Three part test #2 Whether there has been a history and continuing practice of program expansion which is demonstrably responsive to the interest and abilities of the underrepresented sex

Adding Sports

Three part test #3 Whether it can be demonstrated that the interest and abilities of the members of the underrepresented sex have been fully and effectively accommodated by the present program

Title IX requires your school to: Offer male and female students equal opportunities to play sports Treat male and female athletes fairly (Provide equal shares of athletics scholarships)

Benefits and Opportunities The following program factors must be taken into account to determine whether benefits, opportunities, and treatment are equivalent: Provision of equipment and supplies Scheduling of games and practice time Travel and per diem allowance Opportunity to receive coaching Assignment and compensation of coaches Provision of locker rooms, practice and competitive facilities Provision of medical training services Publicity

Conduct a Title IX evaluation OCR enforcement Self enforcement Random compliance reviews OCR Investigates –Examines institutional records related to financial aid, 11 program components, 3-part test (Title IX Investigator’s Manual) Letter of resolution Withhold federal funding to institution Litigation Time consuming Expensive

Evaluation Resources Check it Out Title IX Resource Center Independent consultant

Sexual Harassment OCR Definition: Unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal or physical conduct of a sexual nature when 1)Submission of such conduct is a term or condition of a student’s participation in a program or activity 2)submission to or rejection of unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature is used as the basis for an educational decision 3)Such conduct has the purpose or effect of unreasonably limiting a student’s ability to participate in or benefit from an educational program or activity or creates an intimidating, hostile or offensive environment.

Student-Athlete Pregnancy Students (including student-athletes) cannot be discriminated against in the event of Pregnancy Childbirth Conditions related to pregnancy False pregnancy Termination of pregnancy Recovery from termination or pregnancy Parental or marital status

Retaliation Jackson v. Birmingham Bd. of Education (2005) Retaliation is intentional discrimination on the basis of sex One who witnesses and complains about discrimination is protected from adverse action imposed because of the complaints

Recommendations Educate! Conduct a review Create a plan Evaluate

Questions? Thank you. Contact information: Barbara Osborne Ice Miller LLP © All rights reserved

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