1. TITLE IX GENDER EQUITY and EQUAL ATHLETIC OPPORTUNITY in the PRINCE WILLIAM COUNTY PUBLIC SCHOOLS A Training Session For PWCS Booster Clubs

2. PURPOSE OF TITLE IX Congress enacted Title IX of the Education Amendments of 1972 for the purpose of remedying pervasive discrimination against women with respect to educational opportunities, including the opportunity to participate in athletic programs.

3. STATUTORY LANGUAGE OF TITLE IX “[N]o person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

4. TITLE IX protects both sexes.

5. Title IX: (1)prohibits discrimination and harassment directed towards students on the basis of sex (2)requires that both male and female students have equitable opportunity to participate in educational and athletic programs. (3)male and female students must be provided with equitable benefits and privileges in educational and athletic programs.

6. Has TITLE IX Worked? HIGH SCHOOL PARTICIPATION Year1971-19722005-2006Percent Increase Female294,0152,953,355904% Male3,666,9174,206,54915% COLLEGIATE PARTICIPATION Year1971-19722004-2005Percent Increase Female29,977166,728456% Male170,384222,83831% -National Federation of State High School Associations, 2006 NCAA Sports Sponsorship and Participation Report, 1981-82 – 2004-05

7. Office of Civil Rights for the United States Department of Education (“OCR”) ●Enforces Title IX ●Investigates Title IX complaints ●Develops regulations interpreting Title IX

8. COMPLIANCE IS DETERMINED ON A DIVISION-WIDE BASIS –When the Office for Civil Rights receives a Title IX complaint directed toward an educational institution, that complaint has the potential to trigger an investigation into the adequacy of all athletic programs in the entire institution. –Bottom line: “If one PWCS school is out of compliance with Title IX, the entire School Division is out of compliance.”

9. COMPONENTS OF TITLE IX ●Athletic Participation (Equal Accommodation of Interests and Abilities) ● Equity in Athletic Facilities and Benefits

10. PARTICIPATION – EQUAL ATHLETIC OPPORTUNITY “[A] recipient which operates or sponsors interscholastic, intercollegiate, club or intramural athletics shall provide equal athletic opportunity for members of both sexes.” Are male and female students offered equal opportunities to play sports?

11. THE SUBSTANTIAL PROPORTIONALITY TEST Are the percentages of male and female athletes about the same as the percentages of male and female students enrolled at the school? Cheerleading and drill teams don’t generally count for purposes of establishing compliance with Title IX and are not counted as participating athletes. A differential as low as 5% is likely to be deemed non-compliant.

12. HIGH SCHOOL ATHLETIC PARTICIPATION RATES School Total M/M Athletes Total F/F Athletes % Male Athletes of Total Male Enrollment % Female Athletes of Total Female Enrollment Percentage Difference High School #1 1,313 / 480 1,247 / 422 36.5%33.8%2.7% High School #2 1,797 / 537 1,293 / 480 29.8%37.1%7.3% High School #3 652 / 339 648 / 249 51.9%38.4%13.5%

13. EQUAL PROVISION OF FACILITIES AND BENEFITS Are male and female athletes given equal benefits and services?

14. THE STANDARD FOR EQUAL TREATMENT Institutions will be in compliance if the compared program components are equivalent, that is, equal or equal in effect. Under this standard, identical benefits, opportunities, or treatment are not required, provided the overall effect of any differences is negligible.

15. Aspects of athletic facilities and programs most commonly resulting in Title IX liability: –Unequal treatment in, or access to: Fields: including quality of fields (i.e., access to synthetic turf), permitting practice and play at night, and in inclement weather; maintenance; fencing; distance from school. Lighting of fields and other athletic facilities: such as, tennis courts or pools, which directly impact the ability of students to play at night. Coaching: including the number, quality and availability of coaches; salaries and benefits of coaches; disparities in size, furnishings, and access to offices. Training: including availability of coaches, trainers, and facilities; level and frequency of training; adequacy and nature of training facilities and equipment; proximity and access to weight rooms and work-out equipment.

16. Equipment and supplies: such as uniforms, batting cages, crew shells, quality and amount of normal playing equipment, etc. Transportation: to and from games, training, tournaments, etc. Locker rooms: including, but not limited to, location; size and quality of furnishings of locker rooms and bathrooms. Other facilities: concession stands; score boards; press boxes; bleachers; announcement booths; ticket booths; covered seating. Scheduling: including nighttime play; seasonal play resulting in or denying one sex an opportunity to participate in tournaments or championships; seasonal play impacting participation rates. Publicity and promotional materials: such as signs; billboards; announcements of games; and pep rallies. Support for participation in tournaments and championship events: including transportation; payment of hotel rooms and food costs; provision of chaperones; and related publicity.

17. BASEBALL v. SOFTBALL Landow v. School Board of Brevard County, 132 F. Supp. 2d 958 ( M.D. Fla. 2000). Disparities between boys’ baseball and girls’ softball programs at two Brevard County high schools violated Title IX.

18. FACTS Girls’ former softball field at school site replaced by baseball field. Girls’ softball played on boys’ field at public park - no over the fence home runs. Single shed at public park for all 4 girls’ softball teams. Each baseball field had larger storage space. Softball had no access to scoreboards, while baseball fields had working scoreboards. Boys’ baseball teams had 3 batting cages; girls’ teams had none. Girls – no press box; park concession stand closed during games.

19. FACTS Boys – one school had concession stand and press box; none at other school. Girls rarely played at night due to usage by other groups, while boys played at night on school field. Boys’ varsity and junior varsity baseball played all games and practiced on school baseball field. Girls’ team practiced and played at public park.

20. EQUALITY IN FUNDING Title IX requires equity in the funding of athletic programs, regardless of the source. Under Title IX, it makes no difference whether a school division or college directly funds an athletic team or club, or the team or club is funded by donors, booster clubs, team members, parents, or other outside sources. A School Division is responsible under Title IX for equal athletic opportunity in all athletic programs, regardless of outside funding.

21. Booster club, donations, and other outside funding of teams and projects may result in inequities in athletic opportunities and facilities/benefits under Title IX.

22. OCR’s position on the use of booster clubs is very clear: “[W]here booster clubs provide benefits or services that assist only teams of one sex, the [school division] shall ensure that teams of the other sex receive equivalent benefits and services. If booster clubs provide benefits and services to athletes of one sex that are greater than what the [school division] is capable of providing to athletes of the other sex, then the [school division] shall take action to ensure that benefits and services are equivalent for both sexes.” (p. 5)

23. Daniels v. School Board of Brevard County, F. Supp. 1458 M.D. Fla. 1970: “The Defendant seeks to avoid liability on the basis that it provides equal funding for the boys’ and girls’ programs. According to the Defendant, each team has a separate booster club which engages in separate fund-raising activities. The Defendant suggests that it cannot be held responsible if the fund-raising activities of one booster club are more successful than those of another. The Court rejects this argument. It is the Defendant’s responsibility to ensure equal athletic opportunities in accordance with Title IX. The funding system is one to which Defendant has acquiesced; Defendant is responsible for the consequences of that approach.”

24. PWCS non-funded sports must receive equitable funding (from whatever source), opportunities, facilities, and benefits. PWCS must ensure equitable opportunity facilities and benefits under Title IX.

25. Booster Clubs in PWCS Regulation 951-2, Booster Clubs and Other Approved Parent Groups ●Must be approved by principal before given access to school property and facilities ●Must abide by PWCS policies and regulations and directives of the school principal ●School-wide booster clubs encouraged versus booster clubs for individual sports ●All programs and fund use must be approved by principal ●All fund raising must be pre-approved under Regulation 341-1, Guidelines for Fund-Raising Activities

26. ●All improvements to school buildings, athletic fields, or other school facilities must be pre-approved by principal and Director of Facilities Services ●All funds, goods or services used to provide or supplement athletic programs, facilities or equipment, must comply with Title IX.

27. PWCS Policy 423, Donations to Schools, and Regulation 423-1, Gifts to the School Division “All gifts or bequests shall be given to the Prince William County School Division as a whole and not to a particular school. At the discretion of the Superintendent, the gift or bequest may be used at a particular PWCS location.”

28. PWCS TITLE IX INITIATIVE Changes to PWCS Athletic Facilities Layout of athletic fields takes Title IX into consideration New high schools will have a shared field house (press box, concession stand, storage/office space) for softball and baseball New high schools will have a centralized, well-equipped athletic office (computers, television, play board, filming and editing equipment, conference table) for use by all coaches Locker room design/and size and number of lockers CIP renovations to existing schools will integrate Title IX updates Softball fields all lighted No more donor or booster-funded improvements without Title IX and Facility Department approval

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