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National News
U.S. EEOC - Guidance on Application of Anti-Discrimination
Laws to Coaches’ Pay at Educational Institutions (October 31, 1997)
The EEOC released Enforcement Guidance on Sex Discrimination in the Compensation
of Sports Coaches in Educational Institutions which clarifies how the Equal
Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 apply to
sex-based differences in the compensation of sports coaches. Both laws
require that an employer pay similar salaries to employees who perform
similar jobs. Studies show that barely two percent of the coaches of men’s
teams are women and that men’s coaches substantially out-earn women’s coaches
in both salaries and benefits. The policy is designed to assist both educational
institutions and coaches in better understanding their rights and responsibilities
under the laws. For more information, see the text
of the policy.
TITLE IX HEARINGS
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SENATE
October 18,1995: The Senate Committee on Commerce, Science, &
Transportation held open hearings on a variety of issues related to amateur
sports, including Title IX. See Cantu's testimony.
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HOUSE
May 9, 1995: The House Subcommittee on Postsecondary Education,
Training, and Lifelong Learning hosted an oversight hearing on the Office
for Civil Rights and Title IX. According to the subcommittee chair, Rep.
Howard "Buck" McKeon, R-California, if Title IX policy guidance provided
by the OCR is not sufficient to satisfy concerns expressed by the committee,
another Title IX hearing may be scheduled after the first of the year.
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CONGRESSMEN MAKE REQUEST TO OCR & CONGRESSPERSONS PETITION OCR
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Rep. Howard P. (Buck) McKeon, Republican of California, and Rep. Steve
Gunderson, Republican of Wisconsin, asked Norma Cantu of the OCR to specify
how colleges can comply with Title IX in their sports programs. In their
letter, they stated:
It might obviate the need for a legislative clarification if
the Department [of Education] provided a clear signal as to the parameters
of the obligation of colleges and universities to provide equal athletic
opportunities.
Cantu responded on June 9, 1995, agreeing to provide expanded guidance
to postsecodary institutions before the beginning of the 1995-96 academic
year.
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Ms. Cantu received a June 30, 1995 letter written by Rep. J. Dennis Hastert
(R-ILL) signed by 146 House members criticizing the OCR's current Title
IX stance.
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Ms. Cantu received a July 21, 1995 letter, circulated by Rep. Patsy Mink
(D-Hawaii), with 94 House members' signatures encouraging the Education
Department to uphold its current interpretation which has been well settled
in the courts.
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In the senate, Senators Ted Stevens (R-Alaska) and Bill Bradley (D-New
Jersey) sent a letter signed by 16 other senators to Secretary of Education
Richard Riley supporting Title IX with no changes.
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On September, 20, 1995, Norma Cantu released the OCR's
Title IX policy clarification, subject to a 30-day review period.
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Ms. Cantu testified before the Subcommittee
on Consumer Affairs, Foreign Commerce, and Tourism on October 18, 1995.
Also testifying on behalf of Title IX and women's issues were Donna Lopiano,
Executive Director of the Women's Sports Foundation, and Peg Bradley-Doppes
of the University of Michigan.
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On January 16, 1996, Norma Cantu released the OCR's official clarifications
as the "Clarification of Intercollegiate Athletics Policy Guidance: The
Three-Part Test" with very few substantive changes. According to the Education
Daily, the agency received 201 responses during the 30-day review with
a 6-to-1 margin in favor of the proposed guidelines.
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EXECUTIVE BRANCH
June 17, 1997: In a White House ceremony commemorating the 25th
Anniversary of Title IX, President Clinton ordered increased enforcement
efforts of the legislation. He sent an executive memorandum to all relevant
federal departments ordering a review of their programs over a two-month
period. The Attorney General’s recommendations to the President based on
those reports is expected to lead the President to sign an executive order
extending the principles of Title IX to all federal programs.
DEPARTMENT OF EDUCATION: GENDER EQUITY DISCLOSURE REGULATIONS
The Department of Education published the final regulations associated
with the Equity in Athletics Disclosure Act,
which requires all coeducational institutions receiving federal aid to
make public the revenues and expenditures of their sports programs, as
well as other pertinent data on personnel, scholarships, and teams. Any
member of the public can request a copy of an institution's report through
the 1997-98 reporting period, and an institution should respond within
a few days of the request. An institution may not restrict access
to the EADA report. The Higher Education
Amendments of 1998 have been signed into law by Congress to change
this process in the future.
A copy of the final regulations from the Federal Register can be downloaded
now as a PDF file. This file includes sample forms to be used for compliance.
Choose "download now" or for help, see "What
is a PDF File?"
HISTORY
October 20, 1994: Regulations signed into law by President Clinton.
April 4, 1995: NCAA filed comments in response to Notice of
Proposed Rulemaking.
November 29, 1995: The Department of Education released the
final regulations, as published in the Federal Register.
October 1, 1996: Public disclosure required for 1995-96 academic
year.
October 15, 1997: Public disclosure required for 1996-97 academic
year.
Note: The gender-reporting information required is similar to
that which is already included in the audit section of the Higher Education
Act (HEA) (P.L. 102-325, 34 CFR, part 668.14). The NCAA is considering
the development of materials combining the two reporting requirements for
its membership.
OFFICE FOR CIVIL RIGHTS TITLE IX ENFORCEMENT POLICY
The OCR held meetings with interested parties throughout 1994 in order
to determine if a need existed to revise its Title IX intercollegiate athletics
investigator's manual. Clarifications were issued
September 20, 1995.
On January 16, 1996, Norma Cantu released the OCR's official clarifications
as the "Clarification of Intercollegiate Athletics Policy Guidance: The
Three-Part Test" with very few substantive changes. According to the Education
Daily, the agency received 201 responses during the 30-day review with
a 6-to-1 margin in favor of the proposed guidelines.
SUPREME COURT
An upcoming Supreme Court case may have a major impact on NCAA support
for women's athletics. On January 20, 1999, the Court will be presented
with the argument on whether or not the NCAA is bound by Title IX of the
Education Amendments of 1972 and by other federal civil-rights laws and
regulations. This argument arose through a lawsuit filed back in
August of 1996, when Renee M. Smith filed suit in a U.S. district court
in Pennsylvania against the NCAA.
Ms. Smith's case began when the NCAA denied her request to play volleyball
as a graduate student at Hofstra Univesity and the University of Pittsburgh.
Previously, Ms. Smith had played volleyball as an undergradute at St. Bonaventure
University from 1991 to 1993, but the NCAA has a rule that does not allow
graduate students to compete in a varsity sport at an insitution other
than those they attended as an undergraduate. Ms. Smith then sued
under Title IX because of the fact that more men had received a waiver
to play as a graduate student at another university than women. The
court dismissed her complaint. Upon the dismissal of the case, Ms.
Smith appealed to the U.S. Court of Appeals for the Third Circuit.
In her appeal, she ammended her case by including a specific argument about
federal financing. In a March ruling, the Court of Appeals ruled
in favor of Ms. Smith and reinstated the case based on the added amendment.
The upcoming Supreme Court's ruling could very well have an enormous
impact on college sports. If the Court rules that the NCAA must abide
by Title IX, the NCAA could be required to spend an equal amount of money
promoting and staging women's athletics events as it spends on men's.
This would be a huge added expense for the NCAA and a major change in the
status quo.
USA TODAY'S REPORT ON EADA DATA
The USA Today requested and received the 1995-96 Equity in Athletics Disclosure
Act reports from all Division I coeducational institutions and published
its findings in a series of March 1997 articles. The study found that 28
of the schools (9%) had their total number of female student-athlete participants
within five percentage points of women enrolled on campus, which is a Title
IX measure for "substantial proportionality." Using data extrapolated from
the EADA reports, the USA Today reported that "women get 38 percent of
scholarship money, 27 percent of recruiting money and 25 percent of operating
budgets" and "the number of women participating in college sports is up
fourfold since 1972 and 22 percent in Division I since 1992." Some reporting
discrepancies, such as accounting procedures for administrative and overhead
costs, were identified.
TITLE IX FOE: NATIONAL COALITION FOR ATHLETICS EQUITY
In 1998, the National Coalition for Athletics Equity (NCAE) has received
attention for organizing with the intention of fighting the Title IX proportionality
standard. The group's main message is that the current application
of the law unfairly impacts boys and men participating in Olympic-type,
nonrevenue sports. The American Football Coaches Association has
not joined in the movement, but coaches' associations in baseball, wrestling,
men's swimming, and men's gymnastics have offered their support.
A politically conservative national women's organization, the Independent
Women's Forum, is also an ally. Patty Viverito, chair of the NCAA
Committee on Women's Athletics, says that she believes the group is basing
its work on the flawed premise that Title IX has diminished men's opportunities.
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State News
FLORIDA
Florida State (February 1994)
Marynell Meadors, in her eighth year as women's basketball coach, has
asked to be paid $96,000. That salary amount is the same as the University
of Florida's coach, Carol Ross, and similar to Florida State's men's coach,
Pat Kennedy (base of $99,000). Meadors rejected a one-year offer of $63,000
and hired a lawyer to help negotiate with Florida State.
FLORIDA
University of Central Florida
In 1995, the Florida Board of Regents passed a proposal from the University
of Central Florida to increase the athletic fee a dollar to $6.50 per credit
hour. Ninety-one percent of the increase is to be used to provide approximately
$597,000 in additional funding for women's sports to meet gender equity
requirements. The proposal specified that the fee, highest in the state,
allows students to attend all home events without charge. UCF should then
have the resources to fully fund the maximum number of scholarships and
coaching positions allowed by the NCAA and meet the goals of the improvement
plan UCF set previously. At one point, an OCR examining team visited the
campus to investigate charges of noncompliance. UCF was fully certified
in the NCAA certification process during 1995.
GEORGIA
West Georgia College (March 1996)
Allen Manheim, attorney for fired women’s basketball coach Sheila Collins,
has stated that he believes WGC violates Title IX in its treatment of women’s
basketball. Athletic director & men’s basketball coach Edward G. Murphy
calls Collins’ dismissal a "performance issue." Manheim claims Collins
was not given equal opportunity to recruit on par with the men’s team,
nor did the team get the same amenities, facilities, or opportunity for
quality coaching.
MASSACHUSETTS
Office of the Governor (November 1994)
Governor William F. Weld has asked the State Legislature to appropriate
$7.4 million to improve facilities for female athletes at four campuses.
Funds would insure improvements on the women's field hockey & soccer
fields at Amherst and construction of women's soccer & softball fields
at Dartmouth.
MINNESOTA
Legislature (March 1994)
The Minnesota House Higher Education Finance Division asked the Board
of Regents and the University of Minnesota to "make necessary changes"
in its compliance to Title VII, Title IX, and the Equal Pay Act of 1963
in regards to coaches' compensation.
NEBRASKA
University of Nebraska - Lincoln (June 1997)
Paul Sanderford, the new women’s basketball coach at Nebraska, has
a base salary of $120,000. His female predecessor, Angela Beck, had a base
salary of $84,000. Sanderford also will have television and radio shows
that may earn him additional money. Allegations have surfaced suggesting
that the university could have found a woman to replace Beck and that Beck
was not paid as much because she was a woman. State Sen. Ernie Chambers
is among several who have criticized the university for not meeting goals
of hiring women and minorities. Chambers and Sen. Don Wesely persuaded
legislators to withhold one percent of general funds appropriated to the
university if it does not meet those goals.
NEW YORK
University of New York - Albany
On June 3, 1994, Albany announced plans to eliminate several sports.
Stephen A. Garnock, father of a former men's tennis player whose final
year of eligibility was saved by a 1994 court ruling, threatened to become
involved in November 1995. The institution's decision to cut men's and
women's swimming, wrestling, and men's tennis in an effort to maintain
gender equity and fiscal responsibility was upheld in a State Appeals court
in August 1996.
OREGON
University of Oregon
Jody Runge, women's basketball coach, claims her contract and her team's
limited practice schedule violate Title IX. Her lawyer has threatened to
sue but negotiations continue. Runge led her team to the NCAA tournament
in 1994 and was named Pacific-10 Conference Coach of the Year. She signed
a one-year contract in September 1994 for $48,000--$6,000 more than 1993.
The men's coach, Jerry Green, makes a base salary of $84,900. Runge seeks
a $70,000 salary and equal access to the school's facilities. Women's basketball
and volleyball rotate from year-to-year between 7 am and early afternoon
practices. The men's basketball team practices from 3-6 pm and is not part
of the rotation.
VIRGINIA
Office of the Attorney General (September 1998)
In September 1998, the Virginia attorney general's office asked the
Fourth Circuit Court of Appeals to declare part of Title IX unconstitutional.
Their argument is that the 11th Amendment makes state-run schools immune
from a federal Title IX lawsuit. The US Justice Department, along
with the National Women's Law Center, are in support of federal Title IX
protection arguing that state-run institutions waive their 11th Amendment
rights when they accept federal funds.
The outcome of the court's decision will have a wide range impact.
If the Fourth Circuit rules in favor of the state, it could prevent Title
IX lawsuits from being filed in federal court against colleges and universities
in West Virginia, Maryland, Virginia, North Carolina, and South Carolina.
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NCAA TITLE IX SEMINAR
The National Collegiate Athletic Association will once again be hosting
a Title IX Seminar. The seminar--May 11 and 12, 1999, at the Westin Hotel
(Michigan Avenue) in Chicago, IL--is open to the membership with some spots
available for the general public. Topics planned for the seminar include:
Title IX basics, financial aid, roster mangement, current Title IX case
law, promotions and marketing, and a student-athlete panel featuring both
male and female student-athletes. In addition, videotapes of the 1998 Title
IX Seminar are now available to the membership. For more information, please
contact Janet M. Justus, director of education resources, at 913/339-1906.
NCAA COMMITTEE ON ATHLETICS CERTIFICATION
In legislation adopted at the 1993 NCAA Annual Convention, all 302 NCAA
Division I organizations will undergo a certification process within 5
years to insure the integrity of each institution's athletics opportunities.
Fully Certified:
Certified with Conditions:
Gender Equity: The following institutions initially were certified
but with conditions related to gender equity. Each is to create a comprehensive
institutional plan for addressing gender equity in its intercollegiate
athletics programs.
Other Conditions:
Not Certified:
Institutions in this classification are not considered to be operating
their athletics programs in substantial conformity with NCAA operating
principles.
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NCAA RESEARCH COMMITTEE:
Gender Equity Survey Tool
The NCAA Research Committee has developed a survey instrument, in a pilot
study, which is being tested at four institutions:
The ultimate goal is to make a survey tool available to the membership
to assess how well interest levels of the underrepresented gender are being
met--the final portion of the 3-prong test of Title IX's effective accommodation
regulation. Administrators caution the use of such a tool, which can be
inaccurate or flawed due to the effects of recruitment (or the lack thereof).
Given the socialization of females regarding sports, many speculate that
surveys are shortsighted, focusing on an end result instead of equity as
an ongoing process.
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