Policy Decisions for a Gender Equitable Athletics Program Connee Zotos, Ph.D. Director of Athletics Drew University NCAA 2001 Regional Seminars

TWO OBJECTIVES OF TITLE IX SEMINAR 1.Review the list of Top 10 lessons learned from Title IX investigations. 2.Provide a process for assessing or restructuring an athletics program that incorporates specific policy decisions which are essential for Title IX compliance.

LIST OF TOP 10 LESSONS LEARNED 1.Title IX investigations are not diminishing, and they do not discriminate by size, divisional level or stature of the institution. 2.Providing a gender-equitable athletics program always will be a work-in-progress that can be affected by fluctuations in enrollment, interest and economics. 3.If OCR does investigate, they are much more apt to support an institution’s efforts toward compliance if there is an established plan and progress has been demonstrated.

LIST OF TOP 10 LESSONS LEARNED 4.Of the 13 variables included on the Title IX laundry list, five appear to be more significant in terms of potential ramifications (participation, coaching, scholarships, recruiting, facilities). 5.There really are three ways for complying with the participation opportunities mandate: Proportionality – within one percentage point for each gender. Accommodating the under-represented gender when there is sufficient interest, ability and competition in the institution’s normal competitive region. Continued expansion – a strategy that can be used until proportionality or accommodating interest has been met.

LIST OF TOP 10 LESSONS LEARNED 6.The nature of different sports can dictate the need for different benefits without compromising compliance. 7.An institution has the flexibility of offsetting a minor benefit for a male team by a minor benefit for a female team. 8.Not having the money has never been an acceptable reason for noncompliance.

LIST OF TOP 10 LESSONS LEARNED 9.Actions and dollars spent demonstrate Title IX compliance not good intentions and dollars budgeted. 10.Title IX does not mandate anything about the size, structure or benefits provided by an athletics program; only that male and female participants are provided equal treatment.

CREATING STRUCTURE An institution cannot assess, plan for, or implement a gender-equitable athletics program without a clear articulation of program structure that is framed by specific gender-neutral policy decisions. Despite a historical reluctance to admit it, most institutions administer a tiered-funding model. Tiered-funding models are appropriate under Title IX as long as men and women receive equal treatment within each tier.

PD #1: HOW MANY TIERS? Three Models: sport equity model = 1 tier major/minor sports model = 2 tiers multi–tier model = 3 or more tiers Which Model? determined by an analysis and evaluation of current practices

ANALYSIS AND EVALUATION OF CURRENT PRACTICES What is the current model and how did it evolve? Is the model consistent with the role of athletics as it relates to the current mission of the university? Is the model still feasible with regard to funding, personnel needs, facilities, enrollment projections, Title IX mandates, conference affiliations, etc.?

PD #2: HOW WILL THE TIERS DIFFER?

PD #3: HOW WILL TEAMS BE PLACED WITHIN TIERS? (assumes 50% M - 50% W proportionality)

PLACEMENT OF TEAMS WHEN INTEREST HAS BEEN MET If accommodation of interest has been satisfied, equal percentages of athletes by gender should comprise each tier. For example, if the athletics program has: 250 males 200 females Tier 50% Tier 20% Tier 30% If adding teams to achieve proportionality or to accommodate interest, long term plan must project appropriate placement in tiers.

DETERMINE HOW STAFFING PATTERNS DIFFER BY TIER Size of staff and how determined (NCAA limits, athlete-to-coach ratio, special needs of sport). Terms of appointment (12 mo., 10 mo., pt). Minimum credentials required. Hiring practices (national or local search, means of outreach, search committee or athletics director appointment).

DETERMINE HOW JOB RESPONSIBILITIES OR EXPECTATIONS DIFFER BY TIER Teaching/Training –rigor of nontraditional and off-season training programs; win/ loss record. Recruiting –scope; yield and retention Advising/Monitoring Student Athletes –academic support; disciplinary measures; retention/graduation rates; athlete awards. General Program Management –scheduling; facilities and equipment assessment. Budget Management –budget preparation; budget monitoring; cost-saving initiatives. Fund Raising –marketing strategies; projected goals; new initiatives. Public Relations –media relations; community service; national reputation of coach and program.

DETERMINE STANDARD EMPLOYMENT PACKAGE BY TIER Minimum Annual Salary –compensation for basic coaching duties paid to all coaches in the same tier. Adjusted Annual Salary –adjustment to the minimum salary based on differences in education, applicable experience, demonstrated success and additional duties contained in the position description. Standard Benefits –institutional benefits given to all employees (i.e., health insurance, retirement, disability, etc.).

DETERMINE PERQUISITE BENEFITS BY TIER Bonus Availability –bonus given in the current year only (not added to base) to recognize extraordinary performance. Merit-Based Increases –increases that are added to the base salary due to high performance of job responsibilities or expectations. Nonmonetary Benefits –additional benefits given to coaches in a specific tier due to higher expectations or the need to attract a certain level of expertise or talent (i.e., multi-year contracts, house, car, country club membership, etc.).

DETERMINE DIFFERENCES IN COMPENSATION, BENFITS AND PERQUISITE PACKAGES FOR COACHES WITHIN THE SAME TIER Experience, Education, Ability –hiring strategies must reflect similar/equivalent intentions. Additional Duties –cannot offer opportunities for additional duties in a discriminatory way. Marketplace Factors –coaches salary is not justified by the marketplace value unless the marketplace value is dictated by the experience, expertise or skills required of the coach. Revenue Production –can justify salary discrepancies if the university provides the same amount of support to comparative coaches to assist them in raising revenue.

DETERMINE HOW COACHES WILL BE FORMALLY EVALUATED ON JOB RESPONSIBILITIES & EXPECTATIONS BY TIER Design a set of assessment instruments. Determine how each piece of the evaluation process is tied to compensation, benefits and perquisites. –Is success in some areas of responsibility valued more then others? –Does failure to succeed in any one area result in termination of employment? –If a coach exceeds expectations, could he or she receive additional benefits that are not normally available to coaches in that tier?

RESOURCES USED FOR THIS SEMINAR Achieving Gender Equity: A Basic Guide to Title IX and Gender Equity in Athletics for Colleges and Universities. NCAA Publications. Creating Gender Neutral Coaches Employment and Compensation Systems. Women's Sports Foundation. EEOC Enforcement Guidance on Sex Discrimination in the Compensation of Sport Coaches in Educational Institutions. Title IX Athletics Q & A. Good Sports, Inc. Publications Title IX Compliance Bulletin for College Athletics. LRP Publications.