What Title IX is and what it strives to accomplish:
Title IX of the Educational Amendments of 1972 is the landmark legislation
that bans sex discrimination in schools, whether it be in academics or
athletics. Title IX states:
"No person in the U.S. shall, on the basis of sex be excluded
from participation in, or denied the benefits of, or be subjected to discrimination
under any educational program or activity receiving federal aid."
Athletics has created the most controversy regarding Title IX, but its
gains in education and academics are notable. Before Title IX, many schools
saw no problem in refusing to admit women or having strict limits. Some
statistics highlighting the advancements follow:
In 1994, women received 38% of medical degrees, compared with 9% in 1972.
In 1994, women earned 43% of law degrees, compared with 7% in 1972.
In 1994, 44% of all doctoral degrees to U.S. citizens went to women, up
from 25% in 1977.
Title IX and its application to intercollegiate athletics:
Title IX governs the overall equity of treatment and opportunity in athletics
while giving schools the flexibility to choose sports based on student
body interest, geographic influence, a given school's budget restraints,
and gender ratio. In other words, it is not a matter of women being able
to participate in wrestling or that exactly the same amount of money is
spent per women's and men's basketball player. Instead, the focus is on
the necessity for women to have equal opportunities as men on a whole,
not on an individual basis.
In regard to intercollegiate athletics, there are three primary areas
that determine if an institution is in compliance:
Appraisal of compliance is on a program-wide basis, not on a sport-by-sport
basis.
Athletic Financial Assistance
First, financial assistance must be awarded based on the number of male
and female athletes. The test is financial proportionality. The total amounts
of athletics aid must be substantially proportionate to the ratio of male
and female athletes.
Accommodation of Athletic Interests & Abilities
Second, the selection of sports and the level of competition must effectively
accommodate the students' interests and abilities. There are 3 factors
that are looked at consecutively.
Whether the intercollegiate level participation opportunities for male
and female students are provided in numbers substantially proportionate
to their respective enrollments.
Where the members of one sex have been and are underrepresented among intercollegiate
athletes, whether the institution can show a history and continuing practice
of program expansion which is demonstrably responsive to the developing
interests and abilities of that sex.
Where the members of one sex are underrepresented among intercollegiate
athletes and the institution cannot show a continuing practice of program
expansion, whether it can be demonstrated that the interests and abilities
of
the members of that sex have been fully and effectively accommodated by
the present program.
Other Program Areas
Third, all other benefits, opportunities, and treatments afforded sports
participants are to be equivalent, but not necessarily identical. Title
IX specifically looks at the following program components:
Scheduling of Games & Practice Time: number of competitive events
per sport, number and length of practice opportunities, time of day competitive
events and practice opportunities are scheduled, opportunities to engage
in available pre-season and post-season competition, the season a sport
is scheduled, & the length of season.
Travel & Per Diem Allowances: modes of transportation, housing
furnished during travel, length of stay before and after competitive events,
per diem allowances, & dining arrangements.
Opportunity to Receive Academic Tutoring: availability of tutoring,
tutor qualifications and experience, rates of pay, & employment conditions.
Opportunity to Receive Coaching, Assignment, & Compensation:
availability, assignment, & compensation of full-time coaches, assistants,
graduate assistants, or restricted earnings coaches.
Locker Rooms, Practice, & Competitive Facilities: quality, availability,
exclusivity of use, maintenance and preparation of facilities.
Medical & Training Facilities and Services: quality and availability
of medical personnel; athletic trainers; weight and conditioning facilities;
training facilities; & health, accident, and injury insurance coverage.
Housing & Dining Facilities and Services: housing and dining
benefits available during the regular year, the provision of pre-game and
post-game meals, & housing and dining services provided when classes
are not in session.
Publicity: availability and quality of sports information personnel,
access to publicity resources, & quantity and quality of publications
and other promotional devices.
Support Services: administrative support, clerical and secretarial
support, office space, equipment and supplies, & availability of other
support staff.
Recruitment of Student-Athletes: opportunities for coaches or other
personnel to recruit, whether financial and other resources are equivalently
adequate, & treatment of prospective student-athletes.
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