1. NCAA Gender Equity 2010 NCAA Regional Rules Seminars
Judith Sweet, Consultant Strategic Solutions for Gender Equity and Athletics
Karen Morrison, NCAA Director of Gender Initiatives

2. Discussion Points Gender Equity & the NCAA Overview
What is Gender Equity?
What’s the Law?
Recent Athletics Title IX Cases
Gender Equity Planning Best Practices
NCAA Resources

3. What is Gender Equity?
An athletics program can be considered gender equitable when the participants in both the men's and women's sports programs would accept as fair and equitable the overall program of the other gender.
That is to say, an athletic program is gender equitable when the men’s sports program would be pleased to accept for its own the overall participation, opportunities and resources currently allocated to the women’s program and vice versa.
No individual should be discriminated against on the basis of gender, institutionally or nationally, in intercollegiate athletics. 
NCAA Gender Equity Task Force

4. Association Gender Equity Directives
NCAA Mission and Strategic Plan
NCAA Constitution/Bylaws:
Cultural Diversity and Gender Equity  
Free from Gender Bias
The Principle of Nondiscrimination  
Compliance With Federal and State Legislation
Senior Woman Administrator Designation
NCAA Financial Reporting System (EADA+)
Committees - Committee on Women’s Athletics; Exec. Committee Subcommittee on Gender and Diversity Issues
Emerging Sports for Women
Gender Equity Planning requirements

5. Title IX 20 U.S.C. § 1681(b)
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.
Sources of Law:
U.S. Constitution
Statutes
Regulations
Policy Material
Case Law
Secondary Sources
Enforcement – OCR & Coourts

6. Athletics Compliance Areas
Sexual Harassment Generally
Athletics Specific
Participation
Financial Aid
Treatment of student-athletes
Title IX campus Coordinator
EADA – Public report -

7. Title IX regulations require schools to
Annually report athletics data – EADA
designate a Title IX coordinator,
adopt and disseminate a nondiscrimination policy, and
put grievance procedures in place to address complaints of discrimination on the basis of sex in educational programs and activities.
Title IX Coordinator - The role is probably fulfilled by someone in the EEO or Human Resources
Information must be disseminated in recruiting materials
About 70% of schools give us a name. However, 40% may be putting down the wrong name – SWA, AD
OCR: Section 106.9(b) requires that the notice of nondiscrimination be displayed prominently in each announcement, bulletin, catalog, or application form used in connection with recruitment of students or employees. The notice should also include the name, office address, and telephone number for the designated Title IX coordinator.

8. Who Counts as an OCR “Participant”?
Receives institutionally-sponsored support normally provided to athletes competing at the Institution, e.g., coaching, equipment, medical and training room services, on a regular basis during a sport’s season; and
Participates in organized practice sessions and other team meetings and activities on a regular basis during a sport’s season; and
Is listed on the eligibility or squad lists maintained for each sport; or
Who, because of injury, cannot meet a, b, or c above but who continues to receive financial aid on the basis of athletic ability.
Selection based upon objective factors related primarily to athletics ability;
A defined season;
Coaching, recruitment, budget, tryouts and eligibility, length and number of practice sessions and competitive opportunities;
Administered by the athletics department; and
Whether the primary purpose of the activity is athletics competition or the support or promotion of other athletes or athletics teams.
The OCR has stated that it may also consider the following:
What knowledgeable organizations say?
Recognized as part of the intercollegiate athletics program by the conference and national intercollegiate athletics associations?
National and conference championships exist?
National or conference rule books or manuals?
National or conference regulation of competition officials along with standardized criteria upon which the competition may be judged? and
Can participants in the activity/sport receive scholarships and athletics awards (e.g., varsity awards)?

9. Participant
For purposes of participation analysis – count every spot occupied on team – evidenced by squad lists.
Multi-sport athletes count one time for each sport they play.
Schools should document all special cases
For purposes of financial aid analysis, count student-athletes once only no matter how many sports they may play.

10. How does an institution comply with the Participation Expectation?
Any one part of the Three Prong Test: Prong One: “Provide participation opportunities for women and men that are substantially proportionate to their respective rates of enrollment as full-time undergraduate students.” Prong Two: “Demonstrate a history and continuing practice of program expansion for the underrepresented sex.” Prong Three: “Fully and effectively accommodate the interests and abilities of the underrepresented sex.”
Myths & Facts:
Does Title IX require identical athletic programs for males and females?
No. Males and females can participate in different sports. Rather, Title IX requires that the athletic programs meet the interests and abilities of each gender.
Under Title IX, one team is not compared to the same team in each sport. The Office for Civil Rights examines the total program afforded to male athletes and the total program afforded to female athletes and whether each program meets the standard of equal treatment.
Title IX does not require that each team get exactly the same services and supplies. Rather, it requires that the men’s program and the women’s program receive the same level of service, facilities and supplies. Variations within the men’s program and within the women’s program are allowed.
2010 Dear Colleague Letter issued by OCR -

11. Title IX Athletics Financial Aid
Compare the Scholarship Dollars Spent (not Budgeted) on Male and Female Athletes in the Current Athletic Program
Count All Athletes One Time Only – No matter how many sports they play
Considerations
Tuition Waivers – add those back in
EADA wants Summer & Exhausted Aid included
Summer aid and aid awarded to student-athletes who have exhausted their eligibility generally should not be included in analysis for Title IX purposes, even though summer aid must be reported on EADA forms.
EADA Athletically related student aid is aid awarded a student that requires the student to participate in an intercollegiate athletics program. It includes aid awarded to student-athletes who are injured and still receive scholarship assistance as well as fifth-year team members who have exhausted eligibility. Summer aid, too.
schools must include the dollar value of tuition waivers awarded to students if they are awarded on the basis of athletics ability. It is important to include only those dollars awarded on the basis of athletics ability.

12. Within 1% of Student-athlete Unduplicated %
If 60 % SA’s are Men
If 40% of SA’s are Women
Men should receive 59-61% of Athletics Aid
Women should receive 39-41% of Athletics Aid
Target:
Within 1% of Student-athlete Unduplicated %
If a college consistently awards a greater number of out-of-state scholarships to men, it may be required to demonstrate that this does not reflect discriminatory recruitment practices. Similarly, if a university asserts the phase-in of scholarships for a new team as a justification for a disparity, the university may be required to demonstrate that the time frame for the phasing-in of scholarships is reasonable in light of college sports practices to aggressively recruit athletes to build start-up teams quickly.
Burden is on the college – you control these distributions
Standard is to be within 1% of student-athlete participation ratios
1998 OCR Letter

13. Other Benefits & Opportunities The “Laundry List”
Men’s Program
Women’s Program
Equipment and Supplies
Scheduling
Travel & Per Diem
Tutors
Coaches
Facilities
Medical & Training Services
Housing
Publicity
Support Services
Recruiting
Equipment and Supplies
Scheduling
Travel & Per Diem
Tutors
Coaches
Facilities
Medical & Training Services
Housing
Publicity
Support Services
Recruiting =
Myths & Facts:
Does Title IX require that equal dollars be spent on men’s and women’s sports?
No. The only provision that requires that the same dollars be spent (proportional to participation) is “scholarships”. Otherwise, female athletes must receive equal “treatment” and “benefits”.
The standard is one of “quality” rather than dollars spent. For example, if a school spends $700 outfitting a male football player, it does not have to spend $700 outfitting a female lacrosse player. However, male and female athletes must be provided with the same quality uniforms, and they must be replaced under the same circumstances.
Unequal budgets can also affect the number of athletes on a team. Insufficient funds may not permit a coach to supply the necessary equipment, uniforms and travel costs to a large number of players. Such disparities may violate Title IX.
What do the student-athletes say?

14. Recent Title IX Legal Cases
UNC Sexual Harassment case reinstated by the Appeals Court; cert. denied by Supreme Court. Settled. $385k +
Simpson v. Colorado. Settled. $2.85 million + costs
California:
Vivas v. Fresno State and Johnson-Klein v. FSU - $12.45 million jury awards
Administrator settlement - $3.5 million
Berkeley settlement - $3.5 million
UC-Davis – Notice and Opportunities
Flood, et al v. FGCU. Settled. $3.4 million.
Quinnipiac – Roster management
Williams v. Georgia Harassment
Recent Title IX Legal Cases
UNC – 10 years from alleged incidents to Supreme Court refusal to hear an Appeal from the Circuit Court. the 4th Circuit Court of Appeals reinstated the case, finding that the plaintiff had proffered sufficient facts for a jury to find that the coach’s degrading and humiliating conduct was sufficiently severe or pervasive to create a sexually hostile environment. “This conclusion takes into account the informal, sometimes jocular, college sports team atmosphere that fosters familiarity and close relationships between coaches and players. A male coach might use sexual slang in front of his women players, and the players might do the same in front of the coach. Title IX is not a civility code for the male coach who coaches women, and it is not meant to punish such a coach for off-color language that is not aimed to degrade or intimidate. What happened in this case, if Jennings’s version of the facts is believed, is that Dorrance took advantage of the informal team setting to cross the line and engage in real sexual harassment that created a hostile or abusive environment.”
COLORADO - Two female students alleged that they were sexually harassed/assaulted in violation of Title IX by football players and recruits while at a party. They brought action against the university and the district court granted summary judgment for CU, see Simpson v. Univ. of Colo., 372 F. Supp. 2d 1229, 1246 (D. Colo. 2005), and later denied motions to alter or amend the judgment and to reopen discovery. Plaintiffs appealed these rulings and a second motion for relief from judgment. The 10th Circuit Court unanimously found the evidence presented to the district court on CU’s motion for summary judgment “is sufficient to support findings (1) that CU had an official policy of showing high-school football recruits a “good time” on their visits to the CU campus, (2) that the alleged sexual assaults were caused by CU’s failure to provide adequate supervision and guidance to player-hosts chosen to show the football recruits a ‘good time,’ and (3) that the likelihood of such misconduct was so obvious that CU’s failure was the result of deliberate indifference.”

15. Developing a Successful Gender Equity Plan Plan

16. GOALS FOR THE PLAN
A commitment to, and demonstration of, fair and equitable treatment for both male and female student-athletes and athletics department personnel.

17. Keys to a Positive Outcome
Education
Communication
Commitment

18. Keys to a Positive Outcome
Include gender equity in the institutional mission statement.
Educate for understanding of gender equity and Title IX.
Include Title IX and gender equity information in department and university speakers forums.
Obtain a commitment from the department and university administrators to correct any inequities in a timely manner.

19. GOALS FOR THE PLAN Identify issues/problems and solutions.
State measurable goals to address the issues/problems.
Identify steps to achieve goals.
Identify who will be responsible to carry out proposed solutions.
Establish timetable and deadlines.
Get institutional approval.

20. ACTION PLAN PROCESS
We acknowledge that we may have to do things differently than we have done in the past.
We recognize that change is not always easy, but we are willing to make appropriate changes.

21. Establish a committee with diverse representation:
ACTION PLAN PROCESS
Establish a committee with diverse representation:
Men and women (from athletics department and across campus)
Athletics department representatives, SWA
Title IX Officer
University legal counsel
Faculty
President’s office designee
Students
SWA comments

22. ACTION PLAN PROCESS Goal is to be proactive.
Create an environment that promotes understanding and encourages forward-thinking solution finding.
Positive attitudes are important to successful implementation of any plan.
Survey those impacted on their experience.

23. ACTION PLAN PROCESS
Try to make people feel comfortable with change.
Try to develop consensus based on facts, logic and the spirit of fairness.

24. ACTION PLAN PROCESS
Review documents used for NCAA Division I Certification, or Division II and III Self Studies and other NCAA resources.
Identify issues, problems and solutions. Seek feedback from participants and those involved with men’s and women’s athletics.
University of Iowa website.

25. ACTION PLAN PROCESS http://bailiwick.lib.uiowa.edu/ge/
In addition to EADA information, a written evaluation tool addressing the components of Title IX can produce valuable information.

26. Action Plan Process
Where disparities exist in any of the 13 elements of Title IX, those areas should be addressed in your gender equity plan.
If pursuing the second or third prong for participation opportunities, keep a detailed record of those efforts with the purpose of helping the institution verify how it has worked toward compliance.

27. Measuring, Monitoring, Reporting
Develop forms for collecting information and data that can be used by committee members and others involved in the process. Historical records that detail exceptional or unusual facts affecting equity efforts are important.

28. Measuring, Monitoring, Reporting
Assessment should be an ongoing process.
State measurable goals to address the issues.
Identify steps to achieve goals.
Determine costs for achieving goals and possible funding sources.
Identify who will be responsible for each goal and carrying out proposed solutions.

29. Measuring, Monitoring, Reporting
Establish a timeline and deadlines.
Get institutional approval.
File all records and remedial steps for monitoring purposes and history of progress.

30. THE FINANCIAL CHALLENGE
Review the way you are doing business.
Explore additional funding options (internal, external, student fees, state funds where possible).

31. THE FINANCIAL CHALLENGE
Reallocate existing resources.
Determine how to do more with less and/or generate additional funding.

32. THE FINANCIAL CHALLENGE
Involve staff in identifying ways to generate more revenue.
Involve staff in identifying ways to reduce costs.

33. STRATEGIES
Communication with, and participation of, those impacted is important.
Establish goals and priorities with staff.
Involve staff in identifying ways of meeting goals.

34. STRATEGIES
Work with conference members to identify common strategies.

35. PLAN FOR SUCCESS
Be open-minded and creative in all instances.
FOCUS ON FINDING SOLUTIONS.

36. NCAA Website directions and resources

38. NCAA Resources Gender Equity Manual – online Title IX Resource Center
Instructional Videos
Recent research & News
NCAA Pregnant & Parenting SA Resource
Topical brochures & best practices
Teaching Title IX Project
NCAA Research:
Gender Equity Report
Sports Sponsorship & Participation Report
SWA Resource web site
NCAA Resources
Contacts:
Judith Sweet
Karen Morrison