Title IXImplications for

Interscholastic Athletics

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance”

(Title IX of the Education Amendments of 1972, P.L. 92-318,20 U.S. C. S. section 1681 et seq.)

Accommodating the interests and abilities of both sexes (13 areas) Equipment and supplies Scheduling of games and practices Travel and per diem allowance Opportunity to receive coaching Academic tutoring Assignment and compensation of coaches and tutors Provision of locker rooms and practice and competitive

facilities Medical and training facilities and services Housing and dining facilities and services Publicity Recruitment Support services Financial assistance

What does your state association say?

Which state(s) address the law the most extensively?

http://www.khsaa.org/titleix/

Which state(s) address the law the least extensively?

What else?

“Recommended” to offer complimentary

It is a “spirit” a “personal ethic”BUT . . . Don’t have the authority to

interpret or rule on compliance

Equal EXCEPT athletic programs

Equal opportunity except contact sports

WHAT?

An athletic program is gender equitable when either the boys or the girls sports program would be pleased to accept as its own the overall program of the other gender.

Which essentially means

If you are happy with your half of the cake (your program) as compared to the other half of the cake (the complimentary program) equity is met.

Followed by. . .

This policy recognizes past inequities created by the traditional male domination of sports opportunities and the need to encourage and protect the development of girls athletic programs.

Continuing sources of Title IX complaints?

Examples . . . . Ollier v Sweetwater Union High School District, CA

NFHS, Sports Law Year-in-Review, January 2010

North Rockland Central School District, NY

Hartland School District, WI www.TitleIX.info

Florida High School Athletic Association www.Womenssportsfoundation.org

Communities for Equity v MHSAA, filed 1998Settled 2007

○ www.communitiesforequity.com/mhsaa.html

2005 U.S. Supreme Court rules in Jackson v. Birmingham Board of Education

Individuals, including coaches and teachers, have a right of action under Title IX if they are retaliated against for protesting sex discrimination

Beyond the Headlines – A Report of the National Coalition for Women and Girls in Education

Good News??? Girls’ Sports Participation Continues to Rise  National Federation of State High School Associations (NFHS)

report from 2008-2009 participation in high school sports has never been higher.

Girls increased by 56,825 - Boys increased by 50,547

10 most popular sports for girls: outdoor track and field , basketball, volleyball, fast pitch softball, soccer, cross country, tennis, swimming and diving , competitive spirit squads, golf

The complete NFHS report is available at www.nfhs.org

Avoiding Title IX Compliance Issues

Be proactivePreparedKnowledgeableAnalytical

BE PROACTIVE Monitor booster clubs / donations

School can use funds as designated by donor○ If results in an inequity along gender lines○ District must correct using its own funds if needed

Remember . . . .Budgets don’t need to be equal

○ Benefits provided must be equal

Potential Solution?All-inclusive school-wide sports booster club policy

BE PROACTIVE Pay attention to the law (Spring 2009)

“The High School Athletics Accountability Act”“The High School Sports Information Collection Act”

Completion and submission of annual Title IX self-audits US Department of Education

Tracking of the two bills @ www.thomas.gov

BE PROACTIVE Work to identify a Title IX compliance officer

By law:○ Public schools○ Charter schools○ Magnet schools

Investigates complaints:○ Sex discrimination○ Sexual harassment

BE PROACTIVE Administration:

Work to create a committee and begin with a strategic plan○ School board members○ Public / community members etc.

Coaches / TeachersWork to be on the committee

Strategic Plan Assess existing program

Organize training sessions StaffDistrict personnelAction plan

Explore additional funding options Develop a process to determine interest levels Hide / ignore nothing

High School Today / January 2010

Success Stories?

KHSAA Title IX Education Program InformationKHSAA Board Policy on Title IX Education ProgramTitle IX Background InformationKHSAA Administration of Title IX: Steps for Title IX ComplianceComponents of Title IX - Three Part TestKHSAA Working Budget Comparison for Title IXModel Athletic Booster Club Agreement (PDF)

KHSAA Title IX Education Workshop Information2010-2011 Title IX Workshop Information –TBA

KHSAA Title IX School Re-Visit ProgramSchools Being Re-Visited in the Current School YearCover Letter and Agenda (PDF)

KENTUCKY

2009-2010 KHSAA Title IX Annual Forms PacketComplete Title IX Annual Report (PDF)

2009-2010 KHSAA Title IX Forms (DOC Version)GE-19 Verification of Title IX Compliance T-1 Accommodation of Interests and Ability-Test 1 T-1 (Sample) T-2 Accommodation of Interests and Ability-Test 2 T-3 Accommodation of Interests and Ability-Test 3 T-4 Accommodation of Interests and Ability-Summary T-35/T-36 DirectionsT-35 Expenditure Chart T-36 Expenditure Chart 2 T-41 Checklist - Overall Program T-60 Corrective Action Plan T-61 Student Athletic Survey T-63 Survey Summary of Responses

OCR Documents and LinksLink to OCR Web SiteDear Colleague -Regarding Single Sex Schools (1/31/07)Dear Colleague -Clarifications of 3 Part test (intercollegiate) (03/2005)Technical Manual-3 Part test-Test 3 (intercollegiate) (03/2005)Dear Colleague -Regarding Athletics Compliance (07/2003)Revised Guidelines about Sexual Harassment (01/2001)OCR Technical Manual for Checking Compliance (02/2005)

http://www.youtube.com/watch?v=v4iCgDraUVc&feature=player_embedded

Thank you!!

LcarpentBC@aol.com

PortmanP@uww.edu

WitteK@uww.edu