The Women's Sports Foundation is often asked whether it has a position on the elimination of sports opportunities for men as a method of complying with Title IX of the Education Amendments of 1972, the federal law that prohibits sex discrimination in educational programs or activities at schools and colleges that receive federal funds. This question usually stems from situations in which schools cite insufficient finances to add more sports opportunities for women, cut a men's non-revenue sport and use these funds to start a new women's team. When alumni and students complain about the decision, the institution blames the law (Title IX requires no such reduction in opportunities for men) and female athletes. The Foundation is not in favor of reducing athletic opportunities for men as the preferred method of achieving Title IX compliance.
The real problem can be simply described. Your first two children are boys. You give them everything. Their rooms are palaces of athletics privilege - full of every sport gift imaginable - gloves, balls, bats, hockey sticks, football helmuts, etc. They go to two or three sport camps every summer. They play Little League Baseball, soccer and Pop Warner football. One becomes an outstanding football player and the other excels in tennis. Then, you have another child, a girl, and your income doesn't change. She comes to you one day and says, "Mom, Dad -- I want to play sports." What are your options?
Option A: Tell your last born son (i.e., drop the men's tennis team) he can't play sports any more so you still have only two children to provide for.
Option B: Tell your daughter she can't have the same privileges as her brothers. If she want a glove she has to go to work and save up to buy it. Tell her she can't go to a summer sports camp unless she earns her own money and pays for it herself. Suggest that she sell cookies or get together with her girlfriends to have a bake sale (this is the way it was before Title IX) to scrape up enough money for equipment to play.
Option C: You gather the family around the kitchen table and explain to your children that your daughter is just as important as your sons and you don't have the dollars to do provide the same privileges for your daughter as you did for your sons...but that you are going to try your best to give all of your children every opportunity to participate in sports. You tell your sons that it is important to share their equipment and all you have provided for them. You probably come up with a system where each child gets to choose one summer sports camp instead of each attending several. The family gives up spring vacation in Disney World and tightens its belt. Everyone sacrifices and each child makes do with a smaller piece of the pie because now there are three (the Title IX situation).
The solution is Option C. Institutions that are dropping men's teams are choosing Option A not because of Title IX, but because they are being terrible parents (educational leaders). The answer to Title IX is very simple: If revenues don't increase, then everyone must make do with a smaller piece of the budget pie. The NCAA and its athletic conferences are simply refusing to legislate lower costs and a lower standard of living for men's sports in order to free up money for new women's teams.
Men's revenue sports are issuing threats regarding their own demise if their budgets are reduced in any way. First, tightening a sport's budget will not cause this sport business to fail. Commercial entities initiate such cost cuts every day to eliminate fat, increase profit margins and satisfy stock holders.
Second, and more important, there can never be an economic justification for discrimination. No one should ever be permitted to say that I can't comply with the law because I can't afford it. It is the same as saying, "I should be allowed to practice racism (or sexism) if I can't afford to initiate a change in the way I live or do business."
Using an employment discrimination example, the analogy would be that reducing the salaries of all employees is the preferred method of generating funds in an effort to increase salaries for the group that has historically experienced discrimination. This never happens. Rather, the salaries of the disadvantaged gender or individuals are always raised to the level of the advantaged group. As in the area of salary discrimination, the goal should be to bring the treatment of the group experiencing discrimination up to the level of the group that has received fair treatment, not to bring male athletes in minor sports down to the level of female athletes who simply were not provided with opportunities to play.
Even worse, when an institution eliminates a men's team in the name of Title IX, such action usually results in the development of destructive acrimony, pitting the men's non-revenue sports against women's sports. Alumni of the dropped men's sport get upset. An unnecessary domino effect results in the development of attitudes antithetical to solving discrimination in the long run. Gains for the underrepresented group come grudgingly and at a high cost to the previously advantaged group.
The last alternative should be cutting opportunities for students to participate in an educational activity. Other solutions, in order of preference, that should be considered are:
1. Raising new revenues. Gender equity can be used as an opportunity to raise new funds in much the same way as the need for a new building is used to initiate a capital campaign. However, it is essential that there be a positive spin on alumni solicitations for this purpose like adding one or two dollars to the current price of all sport tickets "so our daughters will have an equal chance to play" and other similarly creative revenue solutions. "Providing an equal opportunity for women to participate in varsity athletics" is also an excellent theme for an annual giving campaign targeted to female alumnae and supporters.
The demographic shift in higher education toward increasing percentages of women in undergraduate and graduate schools must also be noted. These are future generations of alumnae. Any position which antagonizes a group of future donors to the institution is short-sighted.
Presidential or school principal leadership is essential. The institution has the choice of "taking the high ground" and calling upon alumni and supporters of men's sports to "dig deeper" so our daughters are given the same chances to play as our sons, or pitting the have-nots against the have-nots by cutting men's sports teams. At many institutions, the resentment against Title IX has prevented athletic directors from "seeing the forest for the trees." The result has been the adoption of less than exemplary solutions to a very difficult problem.
2. Reducing excess expenditures on the most expensive men's sports and using the savings to expand opportunities and treatment for the underrepresented gender. There are many expenditures in the budgets of well-funded sports which can be eliminated without having a negative impact on either competitiveness vis-a-vis other institutions or the quality of the athletics experience. Such reductions include: provision of hotel rooms the night before home contests, ordering new uniforms less frequently, reducing the distance traveled for non-conference competition by selecting others as competitive opponents in closer geographic proximity, etc.
3. Athletic Conference Cost-Saving. The conference can adopt across-the-board mandated cost reductions that will assist all schools in saving funds while ensuring that the competitive playing field remains level (i.e., travel squad limits, adding the same sports for the underrepresented gender at the same time in order to ensure competition within a reasonable geographic area, etc.).
4. Internal Across-the-Board Budget Reductions. All sports can be asked to cut their budgets by a fixed percentage, thereby allowing each sport to chose the way it might least be affected, to free up funds for expanded opportunities for women. This method is preferred in that it does not have a disproportionate impact on low-budget sports.
5. Moving to a Lower Competitive Division. At the college level, Division I programs can move to Division I-AA or Division II competition, thereby reducing scholarship and other expenses.
6. Using Tuition Waiver Savings to Fund Gender Equity. States can initiate legislation which provides for waiver of higher education tuition for athletic scholarships to members of the underrepresented gender, similar to the law adopted by the State of Washington. This legislation mandates the use of these scholarship savings to expand opportunities for the underrepresented gender. Such initiatives recognize that correcting gender inequities is an institutional obligation, not just an athletic department issue. There are other precedents for states to enact laws which confer financial relief in an effort to remedy widespread discrimination. The states of Washington, Florida and Minnesota have all enacted state laws to provide funding to achieve gender equity in athletics.
Unfortunately, at most institutions, it is easier for a college president to cut wrestling or men's gymnastics than to deal with the politics of reducing the football or men's basketball budgets. Simply put, educational leaders need to demonstrate better leadership and do the right thing.
Founded in 1974 by Billie Jean King, the Women's Sports
Gender Equity in Athletics - Higher Education STATE LEGISLATION TEMPLATE
Complying with Title IX of the Education Amendments of 1972 should not result in the reduction of opportunities for male athletes to participate in varsity athletics. Unfortunately, at most institutions, there is no incentive system in place to encourage maintaining sports opportunities for men. It is easier to cut wrestling or men's gymnastics and use these funds to provide opportunities for women to play than to deal with the politics of reducing the football or men's basketball team's budget. That is why the Foundation is in favor of the following legislative initiative to assist colleges and universities in achieving Title IX compliance. There is precedent for states to enact laws which confer financial relief in an effort to remedy widespread discrimination. The states of Washington, Florida and Minnesota have all enacted state laws to provide funding to achieve gender equity in athletics.
The following legislative initiative enables state legislators to strongly state their commitments to (1) gender equity, (2) maintainance of sports opportunities for all male and female athletes and (3) the creation of environments that encourage and financially support expansion of opportunities for previously disadvantaged populations in athletics. The Foundation urges all institutions of higher education to consider proposing this or similar legislative solutions to assist in the achievement of gender equity in intercollegiate athletics.
A Commitment to Opportunities for Male and Female Athletes via Tuition Waivers for the Historically Underrepresented GenderPREFACEOver the past 15 years, many institutions nationwide have eliminated or downgraded to "club" status men's varsity intercollegiate sports or placed squad size limits on men's teams. Most schools cite, as the reason for their decision, the need to reduce expenditures on men's sports in order to provide opportunities for women. In fact, during the 1980s, when few schools were attempting to expand their women's sports programs, men's non-revenue sports programs were being dropped because of the budget increases given to men's football and basketball. Over the last five years, according to the 1997 NCAA Gender Equity Study, football budgets have increased 139% while the entire women's athletics budget increases have totaled 79%. Causative factors aside, the dropping of men's sports programs with the blame being placed on the growth of women's sports opportunities had created an acrimonious environment at many schools. Men's non-revenue sports are being unfairly pitted against women's sports - the disadvantaged vs. the disadvantaged.
Title IX of the Education Amendments of 1972 does not require that men's sports opportunities be reduced in order to achieve equity. All sports can be asked to cut their budgets to free up funds for expanded opportunities for women. Or, Division I programs can move to Division II competition (or Division II to Division III), thereby reducing scholarship and other expenses. The last alternative should be cutting opportunities for students to participate in the educational activity.
Unfortunately, there is no incentive system in place to encourage maintaining sports opportunities for men. It is easier to cut wrestling or men's gymnastics than to deal with the politics of reducing the football team's budget. The following legislative initiative enables state legislators to strongly state their commitment to (1) gender equity, (2) maintaining sports opportunities for all male and female athletes, and (3) creating environments that encourage and financially support expansion of opportunities for previously disadvantaged populations in athletics.
Executive SummaryThe proposed legislation permits a waiver of the tuition portion of an athletic scholarship for members of the historically underrepresented gender at public institutions of higher education conditioned on the institution complying with the following requirements:
1. The institution must submit an athletics gender equity compliance plan in year one which shows the steps to be taken over no more than five years to achieve equitable opportunities to participate and comparable benefits of participation in intercollegiate athletics for male and female students.
2. The athletic department must use the funds saved through tuition waivers to expand opportunities or benefits for the underrepresented gender.
3. There must be no reduction of sports opportunities for male athletes.
Legislation TemplateAN ACT Relating to gender equity in higher education; amending (cite state higher education section dealing with tuition waivers); providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF _____________________:
Sec. 1. Institutions of higher education shall accomplish the following goals by June 30, 2002;(1) Provide the following benefits and services equitably to male and female athletes participating in intercollegiate athletic programs: Equipment and supplies; medical services; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; scholarships and other forms of financial aid; conditioning programs; laundry services; assignment of game officials; opportunities for competition, publicity, and awards; and scheduling of games and practice times, including use of courts, gymnasia and pools. Each institution which provides showers, toilets, lockers or training room facilities for athletic purposes shall provide access to comparable facilities for both males and females.
(2) Provide equitable intercollegiate athletic opportunities for male and female students including opportunities to participate and to receive the benefits of the services listed in subsection (1) of this section without decreasing current levels of participation for the overrepresented gender.
(3) Provide participants with female and male coaches and administrators to act as role models.
Sec. 2. (1) An institution of higher education shall not grant any waivers for the purpose of achieving gender equity until the 1997-98 academic year, and may grant waivers for the purpose of achieving gender equity in intercollegiate athletic programs as authorized in (cite higher education section dealing with tuition waivers). For the 1997-98 academic year only if the institution's governing board has adopted a plan for complying with the provisions of subsection (1) of Sec. 1 of (reference citation of all sections) and submitted the plan to the higher education coordinating board.
(2) (a) Beginning in the 1998-99 academic year, an institution of higher education shall not grant any waiver for the purpose of achieving gender equity in intercollegiate athletic programs as authorized in (reference citation of all sections) unless the institution's plan has been approved by the higher education coordinating board.
(b) Beginning in the 1999-2000 academic year, an institution that did not provide, by June 30, 2000, athletic opportunities for an historically underrepresented gender class at a rate that meets or exceeds the current rate at which that class participates in high school athletics in (name of state) state shall have a new institutional plan approved by the higher education coordinating board before granting further waivers.
(c) Beginning in the 2002 academic year, an institution of higher education that was not within five percent of the ratio of undergraduates described in Sec. 4 (2) of (reference citation of all sections) by June 30, 2002, shall have a new plan for achieving gender equity in intercollegiate athletic programs approved by the higher education coordinating board before granting further waivers.
(3) The plan shall include, but not be limited to :
(a) For any institution with an historically underrepresented gender class described in subsection (2)(b) of this section, provisions that ensure that by July 1, 2000, the institution shall provide athletic opportunities for the underrepresented gender class at a rate that meets or exceeds the current rate at which that class participates in high school interscholastic athletics in (name of state) state not to exceed the point at which the underrepresented gender class is no longer underrepresented;
(b) For any institution with an underrepresented gender class described in subsection (2) (c) of this section, provisions that ensure that by July 1, 2002, the institution will have reached substantial proportionality in its athletic programs;
(c) Activities to be undertaken by the institution to increase participation rates of any underrepresented gender class in interscholastic and intercollegiate athletics. These activities may include, but are not limited to: Adding teams, sponsoring equity conferences, coaches clinics and sports clinics; and taking a leadership role in working with athletic conferences to reduce barriers to participation by those gender classes in interscholastic and intercollegiate athletics;
(d) An identification of barriers to achieving and maintaining equitable intercollegiate athletic opportunities for men and women; and
(e) Measures to achieve institutional compliance with the provisions of (reference citation of all sections)
Sec. 3(1) The higher education coordinating board shall report every two years, beginning December 1998, to the governor and the house of representatives and senate committees on higher education, on institutional efforts to comply with the requirements of (reference citation of all sections). Each report shall include recommendations on measures taken to assist institutions with compliance efforts.
(2) Before the board makes its report in December 2000, the board shall assess the extent of institutional compliance with the requirements of (reference citation of all sections).
Sec. 4 (1) As used in and for the limited purposes of Sec. 1 through Sec. 5 (reference citation of all sections) "underrepresented gender class" means female students or male students, where the ratio of participation of female or male students who are seventeen to twenty-four year old undergraduates enrolled full-time on the main campus, respectively, in intercollegiate athletics has historically been less than approximately the ratio of female to male students or male to female students, respectively, enrolled as undergraduates at an institution.
(2) As used in and for the limited purpose of Section 2-(3)-(a) of (reference citation of all sections), an "underrepresented gender class" in interscholastic athletics means female students or male students, where the ratio of participation of female or male students, respectively, in K-12 interscholastic athletics has historically been less than approximately their ratio of female to male students or male to female students, respectively, enrolled in K-12 public schools in (name of state)
(3) As used in and for the limited purposes (reference citation of all sections), "equitable' means that the ratio of female and male students participating in intercollegiate athletics is substantially proportionate to the percentages of female and male students who are seventeen to twenty-four year old undergraduates enrolled full-time on the main campus.
Sec. 5The executive director of the higher education coordinating board (or other appropriate title), in consultation with the council of presidents (or other appropriate entity) and the state board for community and technical colleges (or other appropriate entity), shall monitor the compliance by institutions of higher education with this chapter.
(1) The board shall establish a timetable and guidelines for compliance with this chapter.
(2) The board shall report every two years, beginning December 31, 1998, to the governor and the higher education committees of the house of representatives and the senate on institutional efforts to comply with this chapter. The report shall include recommendations on measures to assist institutions with compliance.
(3) The board may delegate to the state board for community and technical colleges any or all responsibility for community college compliance with the provisions of this chapter.
Sec. 6This act is necessary for the immediate preservation of the public peace, health or safety or support of the state governing and its existing public institutions and takes effect July 1, 1997.
There are several examples of legislative initiatives made by states in order to comply with Title IX of the Education Amendments of 1972. Click below to read State Title IX Laws.
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