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Step by Step: A Practical Guide to Assessing and Achieving Gender Equity in School Sports

Published: March 3, 2009

V is for Victory. So is IX.

In this case, winning is everything.

Introduction

First Quarter: Preparation

Step 1: Grade Your School

Start at the beginning. You may have a perception of inequity, and you may be right. But you have to begin the process by sorting out what is actually going on. The Women’s Sports Foundation provides an online tool that will help you do just that. You’ll need to complete the entire form to see exactly how your school is measuring up to Title IX’s legal requirements. Once you’ve filled in answers to all the questions, the site will give you a grade to help assess your school’s compliance with the law.

Step 2: Gather the Facts

With a preliminary list drawn from your report card grade, you’ve probably uncovered some patterns, maybe even some good ones, at your school. If however, your school scored poorly and you feel it is violating Title IX, you’ll want to research and write down every valid instance of a disparity between the male and female sports programs. Be sure your list includes at least one specific example for each instance of non-compliance. To strengthen your position, take this list with you to any meetings you’ll be attending and always include a copy with any correspondence. A good example is specific. For instance: “The girls’ team wears six-year-old, discolored uniforms, while the boys’ team just received brand new uniforms after only three years of use.” It is not enough to mention that the girls have old uniforms. The more precise the finding, the more impact you will have with your audience.

Take a closer look at both the women’s and men’s athletic programs. There may be many sticky issues, but you’re not yet certain if it’s a legal problem. Play Fair: A Title IX Playbook for Victory, a Women’s Sports Foundation publication, explains all about this federal requirement. Always keep a copy handy to help back up your campaign for gender equity with the plain facts. There are questions to ponder in the Appendix that will help you gather and analyze your facts, then chart your observations.

As you work your way through (and up) these steps, you will want to include the legal standards required for Title IX compliance. There’s considerable language about language in this step. As you gather facts, you will want to mirror the law’s legal standards. Try not to get bogged down, yet look closely at each aspect of Title IX compliance and include the specific language with your emerging pattern of facts. The Appendix will teach you what to look for in the sports programs at your school and provides a sample chart for documenting your observations.
See Step 2 Appendix

Step 3: Rally a Strong Team

If your school isn’t complying with Title IX, chances are you’re not the only one feeling shortchanged. It’s important to gather the support of parents or legal guardians, friends, teammates, teammates’ parents and anyone else who is willing to get involved. Talk to this “support team” and show them what you’ve learned. Make sure they know what Title IX requires. Get as much assistance as possible—at every step of the way. Many of us are “wired” to try to accomplish tasks alone; however, we believe that the best way to get a big task accomplished is through teamwork. There is strength in numbers. Teamwork means tasks can be divided among individuals, which picks up the pace of your efforts. Also, good teamwork helps everyone to stay organized, build pressure and maintain morale. The Appendix provides suggestions for creating and managing your growing team of advocates.
See Step 3 Appendix

Step 4: Prepare Your Case

It may be hard to believe that your school administrators don’t know what Title IX requires. Help educate them by carefully preparing your case. Have copies of all your resources and research ready to share at meetings. This should include Internet links and hard copies of materials, such as:

1. The Grade Your School Report Card (from you and others on your team)
2. The booklet Play Fair: A Title IX Playbook for Victory
3. High school calendars, budgets, newspapers, photographs and other documentation that reinforces your findings from the Grade Your School report card
4. The updated list of examples of non-compliance, added to the chart from Step 2. Jotting down a reference (from the Play Fair: A Title IX Playbook for Victory or other resources, such as online Web sites) will provide legal and visible support for your findings.
5. A petition demonstrates that you are not just a little cadre of characters promoting an unimportant issue. It validates the depth and breath of your efforts by including students, parents and educators who are on your side or at least demand a review of programmatic realities.

Speaking of strength in numbers, do rally other area people with a petition requesting review of and action on your concerns. To be effective, a petition must be brief and well-worded. Each petition should begin with a request, followed by well-researched reasons for making the request. It needs a description of relevant circumstances and links to supporting documentation or facts. Finally, a petition should contain substance that suggests the request is feasible. The Appendix includes petition methodology and a sample. Yours can be housed on a Web site for easy management.
See Step 4 Appendix

Second Quarter: Meetings, Letters, E-mails, Phone Calls

Step 5: Make a Paper Trail

Create a paper trail as you keep a complete and thorough record of your efforts. Once you start asking for meetings with officials, be sure to write down the name and title of attendees. After each meeting, follow up with minutes and thank-you notes or e-mails—even if you don’t always feel valued. Each letter should repeat your concerns and restate anything that was decided, or promised to you, during your meeting. In your note, indicate which person made what agreement or decision so that actions steps (before your next meeting) will be accomplished. A tool for tracking your steps is included in the Appendix.
See Step 5 Appendix

Step 6: Educate the Educators

It’s time to approach your school’s decision-makers and show them how Title IX’s policies are not being followed. Definitely prepare an opening statement—one that is succinct, firm and positive. We know that many of you are tech-savvy and could prepare your presentation with credible facts and fancy visual aides. Do what works for your group. If possible, include teammates, teachers, parents or other supporters in your meetings. Having a whole team (even in their uniforms) behind you will help convince administrators that it’s important to abide by the law. Be polite and concentrate on the facts. Even though you might feel angry at some points—do not get angry with any school officials. You must always assume that everyone you meet with will want to do the right thing. We’ve used our team’s experience to create a sample opening statement for you in the Appendix.
See Step 6 Appendix

Step 7: Talk with the Athletic Director

A school’s athletic director is usually the most direct connection for implementing Title IX. Draft a letter requesting a meeting. Tell the AD about the research you’ve been doing and explain what you found and why you believe the school is not complying with Title IX. Make sure you include a copy of the Grade Your School report card and Play Fair: A Title IX Playbook for Victory. After the meeting, follow up with a thank-you letter to the athletic director that repeats your concerns. If you are unhappy with the outcome of the meeting, send a copy (“cc:”) of your all correspondence to the school principal (or other chief administrator). The Appendix includes a template and letter of complaint to initiate a request for change in current Title IX practices.
See Step 7 Appendix

Step 8: Meet the Principal or Higher Education Dean/Director

If you are unsuccessful in your talk with the athletic director, work your way up the administrative ladder and schedule a meeting with the principal or appropriate college administrator. In K-12 schools, you will not find it too tough to track the right, or at least next, person en route. Many high schools and most colleges and universities have a Student Policy Manual or Handbook (or a division designed version) that outlines an institution’s obligations and students’ rights. The content includes the people to see and the places to go regarding academics, student services, university policies and codes of conduct. Often (but not always) you will find explicit information about Title IX and/or athletics. In higher education, finding the appropriate dean or department director will be important, yet not always easy. At this step, you are intending to meet and discuss your concerns about Title IX and sports—not planning to file an official complaint or grievance.

During this next meeting, be sure to review the earlier discussion you had with the athletic director and say why you suspect it was unsuccessful. In fact, know that each time you meet another individual along your route, you will want (and need) to review the steps you have already traveled. Bring your paperwork along and be straightforward in talking about the issues of gender equality and fair play. We’ve provided a draft script of a 30-minute meeting with your school’s principal or college dean in the Appendix.
See Step 8 Appendix

Step 9: Contact the Title IX Compliance Coordinator

If both your athletic director and your principal or college president are unresponsive, you can file a grievance or complaint. To do that, you should contact the school’s Title IX Compliance Coordinator. (The law requires that every school have one.) One way to discover their name and contact information is to call the school administration. Ask for the Title IX Compliance Coordinator and don’t be surprised if you have trouble getting a name. Many sites tag this job title onto someone with numerous roles—from bus safety to student services.

Once in contact, your first task will be to thoroughly describe (with documentation) every step you have taken thus far. That’s why your paper trail and action planning minutes are so valuable. You have created a team of advocates, done your research, prepared your case, circulated a petition, met with the athletic director and principal, and remain confident that winning is everything. You are now ready (and able) to initiate a complaint or file a grievance.

Request the procedure for filing an official Title IX complaint. Depending on the coordinator’s prescribed role and relationship to the institution, the Title IX person may be energized and supportive of your efforts, or defensive and overwhelmed. Their positive feedback might allow you to partner and re-walk through many of the previous steps, but with another layer of authority. Or, their neutrality could mean that they will just fill their obligation to inform you of the complaint and filing process. If things get a little technical at this point, the Women’s Sports Foundation will help you proceed through the steps. We’ve provided some dialogue in the Appendix that might help you during a phone call with your school’s Title IX coordinator.

Your school is not the only institution required to identify a Title IX Compliance Coordinator. The school district office would typically appoint an employee in the human resources or diversity office area, to be the district Title IX coordinator. As a liaison between the school site and the state-level Title IX Cpompliance Coordinator (described in Step 14), the district’s coordinator is generally available for training and technical assistance. Including your district’s Title IX coordinator will be beneficial to your advocacy efforts, especially as you begin the third quarter of the “game.” The Appendix offers an example of an initial conference opening with a Title IX coordinator.
See Step 9 Appendix

Third Quarter: When the Going Gets Tough, Go Public

Step 10: Write to Your Chief Administrator and Board

When the going gets tough, go public! To make the right things happen you may need to go over the heads of your school administrators. Consult with your support team, including parents, teachers and coaches. You will benefit from their help and advice.

Moving your concerns to a higher level means contacting the district superintendent and everyone who sits on your local school board. In post-secondary institutions, it’s time to communicate with the president and the college’s board of trustees. The chief executive's and board members’ contact information is routinely available through a district or college Web site. If not, the Office of the Superintendent or President can provide them at your request.

It’s best to create a letter—not an e-mail—listing your concerns to the administration and board. Include details about past meetings and how each school official has responded. Finish your letter by asking the administration and overseers to investigate the situation you’ve described. Offer to meet with the chief executive officer and board members to state your case. In addition to your signature, have as many athletes and parents as possible sign your letter. (This would be a good place to include your petition from the Appendix for Step 4, along with the other Women’s Sports Foundation resources.) You should also send separate copies of the letter to individual board members. And don’t forget to ask the Women’s Sports Foundation to write a letter of support as well. A template with a sample letter is available in the Appendix.
See Step 10 Appendix

Step 11: Tell Your Local Media

See how the key administrator and board chair respond, or don’t respond, to your letter. Sometimes you’ll find that nothing happens. If so, gather your teammates [the Advocates for Change] and talk over the possibility of “going public” with your efforts. Remember that taking this step will put you all in the spotlight, so make sure to prepare your supporters for this new level of commitment.

Some advocates may feel hesitant, fearing retaliation, but retribution is illegal. This is why keeping a record is very important. It will allow you to show if you were at risk for working to fix a problem. No matter what, you should feel safe when going public as long as your observations and facts are accurate.

Put together a list of your local newspapers, radio and television stations. Get the names of key editors and senior management. For newspapers, you’ll want to seek out the editor-in-chief, the sports editor and the publisher. For radio and television, official titles can vary. Most likely you’ll want to contact the news editor, the most senior producer at the station who is responsible for newscast programming, the head of the sports department and the station’s general manager. Send them all copies of the same letter.

The Internet has become a very powerful tool, so use it to your advantage. It may be beneficial to talk about your Title IX concerns in appropriate chat rooms or forums, start your own blog or send out e-mail blasts. You can also send comments or e-mails to different online sportswriters to try to get them interested in your story. A sample letter to the media is in the Appendix.
See Step 11 Appendix

Step 12: Write to Your Legislators

Everything we’ve suggested to this point could be considered a logical step, stating your case to people in order to persuade them to do the right thing. Yet we know, even these good-faith efforts might not work. Another way to “go public” is by asking your local, state and federal elected officials for assistance. Responding to voters—parents, legal guardians or even you, if you are of voting age—is important to office-holders. Write a formal message to your policymakers, sign it and also have your parents or guardians add their signatures. If you’re using e-mail, it’s important to send a copy of via regular mail to encourage a response. The Appendix has both a template and sample letter to a mayor, assisting you to generate your own letter to an elected official. Check out the Web link in the Appendix to find out your policymaker’s contact information.
See Step 12 Appendix

Fourth Quarter: Playing Hardball—Complaints and Lawsuits

Step 13: Keep On Going

We have arrived at the final plateau of our journey, and you have come too far to give up now. You have reached one of those places where you need to know what crucial steps are ahead before you proceed. Your three choices are to contact your state’s Title IX coordinator, file a complaint with the Office for Civil Rights or file a lawsuit, each of which could produce a meaningful result. Part of our mission is to help you think through the pros and cons of these actions as well as suggest the “How to…” steps to move forward. Remember, it’s important to stand up for your rights or the rights of your daughter, sister, relative or friend. A matrix will allow you to compare and contrast the available options, and a sample is provided in the Appendix.
See Step 13 Appendix

Step 14: Contact Your State Title IX Coordinator

Step back to Step 9, and you’ll recall we invited you to meet your high school’s Title IX coordinator. Then we asked you to reach out to your district’s Title IX coordinator. Both have an oversight and technical assistance role in your quest. State Education Agencies (SEAs) are required to designate at least one Title IX coordinator. This coordinator may investigate gender equity or Title IX complaints within the school system. To issue a complaint, citizens typically call, detailing a school’s non-compliance with Title IX and the efforts to address the concerns. The Title IX coordinator may act as a conduit to refer you to the right person or procedure. They will probably ask you to put your issues in writing. Aren’t you glad you’ve documented and saved your work? The coordinator might contact your system’s Title IX officer providing notification and can help apply pressure to remedy the situation.

It is important to understand, however, that in some states, coordinators are charged only with internal agency Title IX issues and have no responsibilities for or even contact with their local school systems, community colleges or post-secondary institutions. The Title IX law and regulations do not actually charge state-level educators with handling compliance. An Office for Civil Rights (OCR) complaint (as well as most lawsuits) moves through the actual school system, not through the state education agency.

To date, every SEA has a designee, even if in name only. This happened after girls' and womens’ advocacy groups contacted every single state education agency and checked their Web sites. Until then (2007), 22 states didn’t even identify a Title IX coordinator. So, that’s what persistence at the national level can guarantee. You’ve now got to reinforce that persistence by calling your SEA, finding that individual and sharing your story. His or her response, at least contacting your school site Title IX officer, could fortify your cause. An opening statement in the Appendix could guide your conversation. Additionally, information regarding state Title IX laws are linked on the Women’s Sports Foundation site.
See Step 14 Appendix

Step 15: The Title IX Complaint

The Federal Office for Civil Rights (OCR) is the branch of the U.S. Department of Education that is responsible for enforcing Title IX. Making a formal complaint to the OCR is not a lawsuit but rather an administrative complaint. An administrative complaint can be filed by anyone; it could come from a parent, an athlete, an entire team or even be initiated by a total stranger. You do not need a lawyer to file a complaint.

Filing the Complaint:

The best and easiest way to file a complaint with OCR is to use its electronic complaint form.

You may also file a complaint by writing a complaint letter and mailing it to the OCR office in your area. If you choose to file using a letter rather than an OCR complaint form, be sure to include: a) the name and address of the person filing the complainant, b) the signature of the person filing the complaint, c) a description of the person or group injured, d) the name of the institution, e) a detailed description of the alleged discrimination, and f) information about when the discrimination occurred or whether it’s ongoing.

While a complaint form requires the name and address of the complainant, the OCR will ensure your confidentiality upon request. On the OCR complaint form, there is a place to request confidentiality. If you file using a letter, be sure to specifically make the request. If possible, TYPE the complaint. Schools are allowed to review the complaint, so if you are worried about the confidentiality of the complaint, we advise you not to handwrite it.

Remember your paper trail.  If you file your complaint by mail rather than electronically, be sure to send your letter “Registered Mail/Return Receipt Requested” so that you can document that it was received.

Regardless of how you choose to file your complaint, it must be filed within 180 calendar days of the date the discrimination occurred, unless the time for filing is extended by OCR for good cause. The OCR tends to be very strict about its filing deadline; however, there is a place on the OCR complaint form to specifically request an extension. These are reviewed on a case-by-case basis.

The OCR will not process a complaint that is already being addressed by another government agency or within a school’s formal grievance procedure—if the OCR believes that the agency you filed with will handle things comparable to the OCR. Once the other complaint process is completed, you have 60 days to refile your complaint with the OCR. The OCR’s first step will be to determine whether to defer to the result reached in the other process.

The investigator or attorney assigned to your complaint may wish to interview you to gather additional information or clarify your concerns. During the interview, provide as much specific information as possible to help demonstrate that there is a specific disparity between the girls’ and boys’ overall sports program in your school district.

Once you initiate an action with the OCR, it’s useful to anticipate what steps lay ahead.

Filing the Complaint: A complaint letter must: a) be signed, b) contain the name and address of the complainant, c) describe the person or group injured, d) identify the institution, e) describe the alleged discrimination, and f) provide information about when discrimination occurred. Make sure to write down every single discriminatory problem you see at the school. You should never feel that something is too simple or obvious to write down. You must explain how overall the facilities for all of the women’s programs are inferior to those for the men’s programs.

Investigation Process: The OCR must resolve all complaints in a “timely manner.” The OCR says that each case is dealt with on a case-by-case basis, but that on average these are the steps they will mount, as a result of your action.

1. A complaint must be filed within six months of the date of the last act of alleged discrimination.
2. Within seven days, the OCR will acknowledge receipt of the complaint.
3. Within about 30 days of receiving the complaint, a decision on an investigation is made.
4. Over the next month, data is gathered from the school.
5. About a month later, the OCR will set up school interviews and go onto campus for investigation.
6. Within six months, the OCR attempts to have all complaints resolved.

The Appendix has the specific items required to file a complaint with the Office for Civil Rights.
See Step 15 Appendix

Step 16: A Title IX Lawsuit

We suspect that no one likes going to court. However, because of your particular circumstances, you may decide to pursue this avenue. The step beyond filing an OCR complaint is a lawsuit. A lawsuit must be filed by a person or by several persons who are directly affected by the discrimination. You will need an attorney. If you need help finding a lawyer, the Women’s Sports Foundation will work to help you identify one who will assist you at no or little cost for his or her time. For a list of attorneys in your area, please e-mail the Women’s Sports Foundation’s Advocacy Department or call 800.227.3988. See the Appendix for additional thoughts on pursing a Title IX case.
See Step 16 Appendix

Conclusion

You’ve been in training and probably feel that with each step, you’ve mastered a marathon by now. You could be tired, frustrated or in shape! And you may have shaped up your school as well. The issue of gender equity should not be a problem in today’s society. Most adults and children presume that schools and publicly funded programs provide benefits and services for all students—equally. With the help of your team—students, parents, teachers, coaches and administrators—you may have broken down barriers. You may now know that V is for Victory. So is IX.

This Step-by-Step Guide is but one tool that can help you assess and achieve gender equity. Thanks to a new, extensive grassroots Title IX Campaign, V is for Victory. So is IX, there are many more resources, from viral videos to workshops with our Public Policy Officers available to you. And we want to know how you’re doing…so count down to Title IX victory because winning is everything.

At any point in the process, contact the Women’s Sports Foundation to discuss your situation and get our assistance. E-mail our Advocacy Department or call us on our toll-free number 800.227.3988.