Letters Home: My Life With Title IX

1. Letters Home: My Life With Title IX Chapter 8 in Women in Sport by Linda Jean Carpenter Notes by N. Bailey

2. Thirty-Seven Year History of Title IX • Letters home are from a younger sister to her older brother. • Both are now Ph.D.s in Physical Education • The letters began when the younger sister was in H.S. in 1962. • The last letter is dated June 15, 2000. • How do you like this color combo?

3. DGWS • DGWS was overseer of female high school and college athletics • They set the rules, trained officials • Tried to protect participants from potential evils • Leadership, coaching, supervision came from women physical education teachers

4. Women’s and Girl’s School Sport in the 60’s • Serious girl competitors were called “Tomboys” – “the kindest label” • Little or no school support: equipment & facilities • Volunteer teacher leaders, coaches • Play Days graduated to Sports Days • Girls wanted more

5. December 16, 1965 – DGWS On the Move • DGWS begins to discuss the need for more competitive opportunities for women and girls • Decided to expand college seasons from three to six games • Fear that this was a giant step toward the excesses of men’s athletics • Men were playing 24 basketball games

6. May 29, 1971 – Lobby for Title IX • Little sister is a university level coach now who doesn’t get paid for coaching • Orange slices and socials • AIAW was born: independent child of its mother DGWS; A divisive time • Congress being lobbied for Title IX • Divisive time: backlash against women? Law doesn’t go far enough? Too far?

7. The Women’s Sporting Community Pre-Title IX • With the birth of AIAW some believed that opportunities would automatically expand for women – so there is no need for Title IX • The time for anti-gender discrimination law was ready ; promise vs. foreboding • Levels of consciousness regarding the blatant and pervasive gender discrimination in society very diverse among women

8. June 24, 1972 Title IX Passes • “No person in the U.S. 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. • Patterned after Title VII of the 1964 Civil Rights Act that prohibits discrimination

9. 1978 The Compliance Year Deadline • High schools given 4 years to comply and colleges and universities given 6 years • AIAW supported the application of Title IX to sports. NCAA fought it. • NCAA formed its own committee on women’s sports and sponsored legislation to exempt intercollegiate sports; then, revenue producing sports. Failed

10. Departments Began Merging • Physical education and athletic departments in high schools and colleges began to emerge as if that were required by Title IX • Men became the Athletic Directors, women the assistant Athletic Directors • Men became Department Chairs • Coaching women became salaried and women lost control of women’s programs

11. 1975 Regulations for Title IX Issued • NCAA filed law suit challenging validity of the regulations (NCAA v. Mathews 1976) • Incorrect rationale for noncompliance: Title IX restricted to non-revenue sports • Many women’s programs were cut: junior varsity, club sports, intramurals • Female assistant Ads replaced by men

12. August 1978 NCAA Offers Technical Assistance to HEW • The same regulations they claimed were invalid in 1976 • 1979 HEW issued Athletics Policy Interpretation (7 years after law enacted) • NCAA attorney’s statement: “This whole Title IX effort can … be viewed as an attempt by the Federal government to take over control of higher education in America

13. NCAA Blamed Young Female Lawyers, Then Title IX • The Athletic Policy Interpretation of Title IX included three pronged test to determine if a school was discriminating in athletics • Proportionality was the highest standard • History of improvements available, but no schools qualified • Demonstration of meeting needs of women who are present (no requirement to recruit)

14. 1984: Grove City v. Bell • Grove City College, a small school in Pennsylvania refused to sign a compliance statement as a matter of principle. • HEW withheld Basic Education Opportunity Grants, and both men and women lost their grants • Grove City sued to have the grants reinstated (1984)

15. Two Issues in the Grove City Case • Is indirect funding sufficient to trigger a Title IX jurisdiction? (Yes) • Does the word program refer to the entire school or only to a subunit actually receiving federal dollars (refers to Subunit) • Intercollegiate athletics then became exempt from Title IX. Remaining in H.S.s

16. After Grove City: 1984-1987 • Several colleges cut female scholarships. Title IX complaints that had been filed by college women were dismissed even where discrimination had already been demonstrated • Retaliations against those who filed suit • 1987 Congress passed the Civil Rights Restoration Act. President Regan vetoed

17. 1988: Congress Overrides Veto • ’84-88 Difficult time for women in sport at the university. • AIAW succumbed to NCAA attacks on its existence and its governance of women’s intercollegiate athletics • From 1988-1992 on 45 Title IX complaints were filed. Fear of retaliation was wide spread

18. Three Ways To File A Title IX Complaint • In-house complaint. Every school must have a Title IX Officer (mostly ineffective) • OCR complaints. Anyone can file. Short letter only is required. 135 days to investigate and write a Letter of Findings. May negotiate with school. Never has withheld $ • Title IX Lawsuits. Requires legal standing

19. 1992 How It Worked • Brooklyn College OCR decision took 14 months to rule (not unusual) and another seven months to reform the program • Twelve regional OCR offices handle complaints, and time to handle varies • Title IX provides suit for retaliation, but courts have very high standard of proof

20. 1992 U.S. supreme court Decision: Monetary Damages • A case in which a student sued a school district reached the Supreme Court. (Franklin) • The court ruled that plaintiffs may seek compensatory and punitive damages • Attorneys more willing to take Title IX cases • Schools stopped stalling; quicker settlements began to happen

21. The Franklin Case • Sexual harassment of H.S. student by her male coach • Compensatory and punitive damages are available • Also found that intent to discriminate required for damages to be awarded • The court found that test would be easy to meet as most school have a poor history

22. Intent v. Ignorance • With the many workshops, literature, headlines, books, etc., administrators not likely to discriminate our of lack of knowledge • Damages relatively easy to be awarded and collected • More cases legal filed, prosecuted and won

23. $ Assistance Interests & Abilities Equipment & supplies Schedules Travel per diem Tutors Coaches Facilities Training services Publicity Support services Recruitment 1979 Policy Interpretations &13 program Areas in Sport

24. 1992 Cohen v Brown • Three ways to satisfy the accommodation requirement: • 1. Opportunities substantially proportionate to respective enrollments, or, • 2. A history of improved opportunities, or, • 3. Demonstrate present program effective in meeting the abilities and interests of members of that sex. (no requirement of recruiting)

25. Proportional Standard: The Only Viable Option • Two factors make proportionality the only real option: 1. No school has a history of sustained improvements in opportunities for women; And, 2. The numbers of interested women have so increased that no school could likely demonstrate that they meet those interests

26. NCAA Fights Title IX in the Media • NCAA characterizes Title IX as requiring a quota. It doesn’t. • Cohen v. Brown settled the quota argument. • U.S. Supreme Court let stand a ruling that the proportionality option in Title IX is valid.

27. Male High Profile Teams & Sense of Entitlement • Ads cut men’s minor sports rather than trim the so-called major sports • There is a lack of courage to cut wasteful spending • Instead, some blame Title IX for the cuts • NBC Poll: 79% know of and approve of Title IX; 76% said okay to cut men’s teams to give females a chance to play

28. Pedersen v. Louisiana State U 2000 • Arrogant ignorance is no defense and monetary damages were awarded • Harassment is actionable under Title IX as well as under Title VII of the Civil Rights Act • Davis v Monroe County Board of Education: US Supreme Court: Peer sexual harassment actionable. • The protected must be told of reporting procedures

29. Still At Issue • Does the constitution give congress the right to pass specific laws that impact a state & carries with it the power for the state to be sued? • Should NCAA come under Title IX jurisdiction because all of it’s member organizations receive Federal funding & it is arguably an educational institution

30. Lobbyists – pro and con, are at work on Title IX • Vigilance, historical perspective and contemporary women’s experience are the most useful tools in protecting Title IX • The cause of gender equity is here to stay.