Title IX consultants should always be used in conjunction with a comprehensive Title IX self-assessment by the educational institution. Title IX regulations are extremely broad and complex and individual athletic program practices too varied for any consultant to have a grasp of all athletic program practices in a school without the assistance of a comprehensive self-assessment.
TITLE IX CONSULTANTS SHOULD ALWAYS BE USED IN CONJUNCTION WITH A COMPREHENSIVE TITLE IX SELF-ASSESSMENT BY THE EDUCATIONAL INSTITUTION.
- Title IX regulations are extremely broad and complex and individual athletic program practices too varied for any consultant to have a grasp of all athletic program practices in a school without the assistance of a comprehensive self assessment.
The most knowledgeable people about the conduct of the athletic program are the coaches, athletes, parents, and administrators involved in that program. Self-assessment followed by a review of results by those served by the program and coaches and administrators responsible for the conduct of the program is preferred.
- Random sampling by Title IX consultants has a very high margin of error and should not be the methodology of choice.
- There have been numerous occasions when the Office of Civil Rights (OCR) has done an “outsiders” review of athletic programs and pronounced institutions in compliance with the law, only to have successful litigation deem these reviews unacceptable.
- Positive Potential Impact of Broad Employee and Constituent Involvement However, when a self-assessment review makes recommendations regarding solving problems, those participating in the self-assessment are vested in being part of the solution rather than seeing themselves as not having been entrusted with an important role in the process.