Karen Morrison, NCAA Director of Gender Inclusion

2. Roster Management & Title IX Update Karen Morrison, NCAA Director of Gender Inclusion

3. Title IX Overview • Roster management • OCR Amicus Brief • Recent Lawsuits • Resources Discussion Points

4. Quick Title IX Review

5. What is Title IX? "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."

6. U.S. Constitution • Statutes • Regulations • Policy Material • Case Law • Secondary Sources Sources of Law

7. The US Department of Education/Office for Civil Rights • Develops and implements Regulations • Manages Complaints • Investigation & Enforcement • Education • 12 Regional Offices • US Court system – federal or state law • Binding in that jurisdiction Who Interprets & Enforces the Law?

8. Title IX campus Coordinator • Sexual Harassment Generally • Athletics Specific • Participation • Financial Aid • Treatment of student-athletes • Plus - EADA Athletics Compliance Areas

9. Title IX regulations require schools to Designate a Title IX Coordinator to • Adopt and disseminate a nondiscrimination policy • Put grievance procedures in place to address complaints of discrimination • 2004 OCR “Dear Colleague” Letter • This is a campus-wide requirement. The role is usually fulfilled by someone in the Human Resources • Only 70% of NCAA Athletics Department are reporting any name for this person

10. Any one part of the Three Prong Test: • Prong One: Substantial proportionality • Prong Two: History and continuing practice of program expansion • Prong Three: Fully and effectively accommodate interests and abilities Equitable Participation Opportunities

11. Financial Aid Analysis • Compare the Scholarship Dollars Spent on Male & Female Athletes in the Current Athletic Program • Count All Athletes One Time Only – No Matter How Many Sports They May Play DOCUMENT, VERIFY AND BE ABLE TO EXPLAIN ALL VARIABLES

12. Other Benefits & Opportunities -- Laundry List Men’s Program Women’s Program = ++Fundraising 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

13. Title IX Participation

14. 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. Who Counts as an OCR “Participant”?Three ways of counting to remember – Title IX participation analysis; EADA; Financial Aid

15. 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. Participant

16. What is a Sport for OCR Purposes? • Team member 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 do 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? • Can participants in the activity/sport receive scholarships and athletics awards (e.g., varsity awards)?

17. Substantial Proportionality

20. Cutting a Viable Women’s team -- • Must immediately meet Proportionality • Cutting a men’s team -- Disfavored practice. Does not help with Prong 2 Cutting Sports

21. Is there Unmet Interest? • Is there sufficient ability to sustain a team in the sport? • Is there a reasonable expectation of competition for the team? If the Answer is YES to all 3…no compliance via Prong 3 Prong Three – Fully and Effectively Meeting Interests & Abilities April 20, 2010 Issuance of 2010 Dear Colleague Letter…rescission of 2005 Clarification

22. Managing team sizes by setting floors and ceiling targets • Possible Issues: • Beware -- Day-after 1st competition changes • Floors set, but resources not provided • Cases to note: • Choike v. Slippery Rock Univ 2006 • Beidiger v. Quinnipiac University 2010 • OCR Amicus Brief • Mansourian v. UC-Davis in progress What about Roster Management?

23. Emerging Sports

24. On the List • Equestrian (D-I & II) • Rugby • Sand Volleyball (D-I & II) Trying to Get On • Triathlon • Stunt • Acrobatics & Tumbling • ??

25. On the Web… Home►About The NCAA►Diversity and Inclusion►Gender Equity and Title IX

26. Sexual Harassment

27. Quid Pro Quo • Hostile Environment Harassment • Cases: • Gebser – teacher-student • Davis – student-student • 2010 OCR Guidance – Bullying & Harassment Forms of Harassment

28. UNC - reinstated by Appeals Court; Supreme Ct cert. denied. Settled. $385k + • Colorado - Settled. $2.85 million + • Williams v. Georgia - Partially settled & In progress Retaliation Reminder cases from California, Florida… Athletics Harassment Cases

29. Educational Initiatives • Resource web site – www.ncaa.org/gender_equity • Gender Equity Manual – online • Title IX Resource Center – www.ncaa.org/title_ix • Topical brochures & best practices • Teaching Title IX Project • Pregnant/Parenting SA’s • NCAA Gender Equity Forum • GE Planning Best Practices & Sample Plan • Gender Equity Research

30. NCAA Website directions and resources

32. Key Contact: Karen Morrison kmorrison@ncaa.org Director of Gender Inclusion NCAA Gender Equity Homepage: www.ncaa.org/gender_equity Has information about – • Title IX Resource Center – www.ncaa.org/title_ix • NCAA Gender Equity Manual • Senior Woman Administrators • Emerging Sports for Women • Research and Best Practices • Committee on Women’s Athletics • Gender Equity Planning NCAA Information