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Home > Step by Step: A Practical Guide to Achieving Gender and Disability Equity in Community Recreational Programs

Step by Step: A Practical Guide to Achieving Gender and Disability Equity in Community Recreational Programs

Do you want to improve your community recreational program's treatment of female athletes and athletes with disabilities? Follow these easy action steps to ensure that your community recreational program is meeting gender and disability equity standards in its sports and physical activity programs. Remember to include examining the treatment of girls with disabilities too to ensure they have equal access to quality participation opportunities.

PREPARATION

Step One: Do Your Homework, Then Grade Your Program
Download the Community Recreation Program Checklist at the bottom of this article. This assessment tool is geared for school athletic programs, but the same requirements generally apply to community recreational programs. This form will give you a baseline assessment of your program's compliance with gender equity standards. Once you've filled in answers to all the questions, you can use our Community Recreation Program Checklist to calculate your program's score.

Step Two: Gather the Facts
If your community recreational program is not treating girls and women equally, you'll want to research and write down every valid instance where you've identified a disparity between male and female sports programs. Be sure your list includes at least one specific example for each instance of gender inequity. To strengthen your position, take this list with you to any meetings you attend with public officials and always enclose a copy of the list in any correspondence in which you voice your concerns. Use the disparities you've identified in the Community Recreation Program Checklist to develop this list.

Step Three: Rally a Strong Team
If your community recreational program is not treating girls and women equally, chances are you're not the only one feeling shortchanged. It's important to gather the support of your parents or legal guardians, your friends, your coaches, your teammates, your teammates' parents and anyone else who is willing to get involved. Develop a team to work with you, you could call it your "Fair Play Team." Share what you've learned with your team and make sure they know what gender equity disparities exist. Get as much assistance as possible—at every step of the way. There is strength in numbers.

Step Four: Understand Your Rights
Unlike school athletic programs, it is not always clear with community recreational programs which laws prohibiting gender discrimination apply to your situation. Below are some of the legal standards that may apply:

•   Title IX: Title IX is the section of the Education Amendments of 1972 that prohibits any educational program receiving federal funds, which includes almost all public schools and private and public colleges and universities, from discriminating on the basis of sex. Community recreational programs may be subject to Title IX if they receive federal funds for the purchase of park land, improvement of facilities or operation of programs.

•   Public accommodation laws: Almost all states have public accommodation laws that prohibit certain types of discrimination in public facilities, such as sex, race or age discrimination. These laws cover recreational facilities like public ice rinks, softball fields, soccer fields, tennis courts, etc. Some states even have gender equity laws that specifically apply to public facilities and many municipalities have broad non-discrimination ordinances.

•   The U.S. Constitution: The Equal Protection Clause of the 14th Amendment states that "no state shall…deny to any person within its jurisdiction the equal protection of the laws." No state can discriminate based upon sex unless it can provide an "exceedingly persuasive" justification for doing so. However, cases brought to court under the 14th Amendment must show state involvement in the discrimination. Thus, for example, if a league is private, conducts all of its competition on private property, receives no state funds, and has no other connection to the state, it may be difficult to prove that there is state involvement. However, if the league operates on public facilities or receives government money, the 14th Amendment Equal Protection Clause might apply.

If you are saying, “I'm not a lawyer. How can I possibly understand which law applies to my situation?”—don't worry. You do not need to determine at this stage in the game the specific laws that apply to your situation, but it is important to have a basic idea of these laws and the rights and protections they afford.

Step Five: Prepare Your Case
Many program administrators might not know that they are violating gender equity standards in their programming, even though they are responsible for being aware of and making sure their programs conform to these laws. Try to always act in a positive way. Park and recreation departments can take steps to make sure that the private leagues that are using public fields and facilities are complying with gender and disability equity laws as well. Advocates can help to educate and persuade private leagues to be compliant, especially when they are using public fields or facilities. Park and recreation departments can do this by adding provisions to contract agreements allowing for the use of their fields and facilities.

Carefully preparing your case will help educate city, county, or local officials. Have copies of all your research ready to give to each person with whom you'll meet. This should include copies of:

1.   The graded Community Recreation Program Checklist
2.   Your list of examples of inequities, and
3.   If Title IX applies, a copy of Play Fair: A Title IX Playbook for Victory, a Women's Sports Foundation publication that explains all about this federal requirement should your community recreational program receive federal funds.

Step Six: Make a Paper Trail
Plan ahead to keep a complete record of your efforts. Be thorough. Once you start asking for meetings with officials, be sure to write down the name and title of everyone who attended each meeting. After each meeting, be sure to follow up with a thank-you letter—even if you don't feel appreciated. Each letter should repeat your concerns and restate anything that was decided or promised to you during your meeting. In your letter, indicate which person made which statement, agreement or decision.

VERY IMPORTANT: Keep copies of everything. Be conscientious about creating a record of every attempt you've made to address gender inequities. Keep a separate document for each meeting or conversation. And don't forget to document phone calls by taking down notes. You may need to show this "history" later on. If you delay doing this, it will be very difficult, if not impossible, to accurately reconstruct everything that has happened.

Step-by-Step: Part 2

MEETINGS, LETTERS AND PHONE CALLS

Step Seven: Educate the Program Administrators
You're prepared and ready to go. It's time to approach your program's decision-makers and share your gender equity concerns. If possible, include your Equity Team—teammates, teachers, parents, coaches or other supporters—in your meetings. Having a whole team behind you will help convince administrators that you are not just one person who can easily be ignored. Be polite and concentrate on the facts. Even though you might feel angry at times, never get angry with program officials. You must always start by assuming that everyone you meet with will want to do the right thing.

Step Eight: Talk with the Sports Program Director
Begin by meeting with your community recreational program sports director. Tell her/him about the research you've been doing, explain what you found and why you believe the program is not being fair to girls or women or individuals with disabilities or complying with the law. Make sure you leave a copy of your graded Community Recreation Program Checklist and your list of inequities. If Title IX applies, leave a copy of Play Fair. Afterwards follow up with a thank-you letter that repeats your concerns to the program director. If you are unhappy with the outcome of the meeting, send a copy ("cc:") of your letter to the head of the community recreational program.

Step Nine: Meet with the Head of the Community Recreational Programs
If you are unsuccessful in your talk with the sports program director, work your way up the administrative ladder and schedule a meeting with the head of the entire community recreational program or whoever is the next highest official. During this next meeting, be sure to review the earlier discussion you had with the sports program director and say why you believe it was unsuccessful. Bring your paperwork along and be straightforward in talking about the issues of gender and disability equality and fair play.

Step 10: Contact the Board of Recreation
If both your sports program director and the head of the community recreational program are unresponsive, you can file a complaint with the Board of Recreation, Board of Parks, or Board of Recreation and Parks. (Note- names may vary depending on your specific jurisdiction.) The procedures for filing and dealing with complaints vary with each community recreational program, so be sure to research the complaint procedures and the hierarchical structure of your community recreational organization. It's best to write a letter—not e-mail—listing your concerns to the board chairperson. You should include details about each meeting you've already had and what each program official told you. Finish your letter by asking the Board to investigate the situation you've just described. Ask for an opportunity to meet with the chairperson to state your case. In addition to your signature, have as many athletes and parents as possible sign your letter too. You should also send copies of the letter to the Chair and to each of the individual board members.

Step 11: Contact the Board of Supervisors
If your Board of Recreation is non-responsive to your grievances, contact your Board of Supervisors, County Board, County Executives, or County Administrators. (Note- names may vary depending on your specific jurisdiction.) You may want to consult with the office of the city attorney for information about the board. Most communities have an elected or appointed recreation board consisting of citizens just like you that you can bring your grievances to. Write a letter—not e-mail—listing your concerns to the board chairperson. You should include details about each meeting you've already had and what each program official told you. Finish your letter by asking the Board to investigate the situation you've just described. Ask for an opportunity to meet with the chairperson to state your case. In addition to your signature, have as many athletes and parents as possible sign your letter too. You should also send copies of the letter to the Chair and to each of the individual board members.

Your state might also have a state parks and recreation agency or organization that your community program belongs to. If your efforts with your local board do not adequately address your concerns, you may wish to contact this state agency. For a listing of state and local park and recreational organizations, visit: National and State Affiliates

Step-by-Step: Part 3

So, educating program administrators didn't work? Sometimes it's hard for people to change. If you are sure of your facts but are disappointed at program officials' lack of responsiveness, you may want to consider taking additional steps.

To make the right things happen, you may need to go over the heads of the community program administrators. Consult with your Fair Play Team members because you will benefit from their help and advice. This section will explain some further actions to consider.

Step 12: Contact Your Local County Attorney
Most localities have a local city or county attorney who is responsible for ensuring that government-run programming does not violate the law. If your community recreational program is publicly operated, this attorney should be able to assist you. Identify who the local county attorney is in your area and contact her/him, schedule a meeting and share your grievances. Tell her/him about the research you've been doing, explain what you found and why you believe the community athletic program is not complying with the law. The local attorney might be able to apply pressure on the community program officials to ensure they are complying with applicable gender and disability equity laws.

Step 13: Tell your local newspaper, radio and TV

WHEN THE GOING GETS TOUGH, GO PUBLIC
If the local attorney and the parks and recreation board do not respond in a positive way to address your concerns gather your Fair Play Team and talk over the possibility of "going public" with the story of your efforts. Remember that taking this step will put you in the spotlight, so make sure everyone around you is prepared for this new stage of action. Decide who will be the group spokesperson(s) in speaking with the media. Your group can appoint a single Chairperson to represent the group or can decide on a small (2-3 member) “steering committee.”

Put together a list of your local newspapers, radio stations and television stations. Get the names of the key editors and senior management. For newspapers you'll want to find out the name of 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.

Step 14: Write to your legislators
Another way to "go public" is by asking your elected officials—both state and federal—for assistance. Helping voters—your parents, your legal guardian or you, if you are of voting age—is important to these officials. Write a message to your representatives, sign it and also have your parent or guardian add their name too. All such communications should be sent via regular mail. However, it's important to also send a copy via e-mail when communicating with members of the U.S. House of Representative or U.S. Senate because processing regular mail takes so long. If you are under voting age, make sure your parent or guardian signs the document.

Step-by-Step: Part 4

Everything we've suggested up to now is "political" action…stating your case to people in order to persuade them to do the right thing. Sometimes none of these “good-faith” efforts will work.

PLAYING HARDBALL—COMPLAINTS AND LAWSUITS

Step 15: Keep On Going
If you have come to this stage, you may wish to consider reporting your case to a federal agency like the Office for Civil Rights (if Title IX applies to your situation) or even bringing a lawsuit. If you haven't done it already, give the Women's Sports Foundation a call (800-227-3988). Part of our mission is to help you think through the pros and cons of these actions as well as suggesting the "How To." Remember, it's important to stand up for your rights or the rights other female athletes or athletes with disabilities.

Step 16: The Title IX Complaint
If Title IX applies to your situation, you can make a formal complaint to the Office of Civil Rights (OCR). This is not a lawsuit. 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. The complaint can simply be a letter in which you outline your program's non-compliance with Title IX and your efforts to address your concerns. Send this letter to your regional OCR regional office.

REMEMBER YOUR PAPER TRAIL: Be sure to send your letter "Registered Mail/Return Receipt Requested" so that you can document that was received. Make sure your U.S. representatives receive a copy. Click here to find out how to contact your elected officials.

For more information about this process, you can also contact the Women's Sports Foundation Advocacy Department.

Step 17: A Lawsuit
No one likes going to court. But, because of your individual circumstances, you may decide to pursue this avenue. The step beyond an administrative 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. You can contact the local branch of the ACLU for assistance. Or, if you need additional help finding a lawyer, the Foundation will help you identify one who will assist you at no cost for her/his time involved in helping you think through your legal options.

As you can see from the above listed steps, advocating for the rights of girls and women and individuals with disabilities in sports and physical activity mainly consists of meeting with and educating public officials. Think of yourself as a patient teacher, calm, persistent and full of facts. Go for it!

For specific questions about a gender or disability discrimination situation, please contact: our Advocacy department.