Achieving Gender Equity in Tough Financial Times

2. Achieving Gender Equity in Tough Financial Times • Presented by: Karen Morrison, Director, Gender Inclusion, NCAA Jeff Ward, Director of Athletics, Bowdoin College, and Janet Judge, Esq., President, Sports Law Associates LLC

3. Whatis Gender Equity? • 1991:  NCAA survey -- undergraduate enrollment is about even (50/50), but male student-athletes receive: • 70% of opportunities, • 70% of financial aid, • 77% operating budgets, and • 83% of recruiting funds • 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. 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. CWA Activity • Emerging Sports program changes • goDaddy.com bowl sponsorship objection • LGBT Issues • Title IX and Campus Coordinator Education • Pregnant & Parenting SA Toolkit • Education & Professional Development • NCAA Gender Equity Forum • Women’s Leadership Symposiums • NCAA GE Manual and online resource center • Perceived Barriers and SWA Research • NCAA workLife Balance Initiative & Be Well

6. NCAA Emerging Sports • Self-identification and motivation by schools, national governing bodies and participants to promote the sport as varsity • Committee on Women’s Athletics (CWA) manages the initial proposal process • All three divisions manage the Legislative proposal process

7. What’s Next? • Triathlon • Competitive Cheer or Acrobatics/Tumbling or Stunts • Table Tennis • Wrestling • Baseball • Flag Football • ???

8. 58% 42%

9. Current NCAA Participation • Participants: 430,301 -- 57.1% male; 42.9% female • Teams: 17,990 • Net Change – Women’s teams up 111, Men’s teams up 65 • Women’s teams up each of the last 28 yrs, while men’s teams have increased 8 of last 10 yrs • 9,581 women’s teams; 8,409 men’s teams • Average number of student-athletes per school: 232 men & 174 women • Greatest team growth for women – lacrosse, golf, indoor track, cross country, outdoor track and tennis • Greatest growth for men – golf, indoor track, cross country, baseball, basketball, lacrosse and soccer.

11. 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.“Notice – Title IX was not passed to address inequities in athletics. It is anti-discrimination law intended to address civil rights and access to education.

12. Arne Duncan Education Secretary [Title IX] is a personal issue for me. I played college sports, but so did my sister. She was, by the way, a much better basketball player than me, and was an early beneficiary of Title IX. But I'll tell you something else that not many people realize. My mother was the best athlete in our family. It drove me crazy, but she beat me one-on-one for years. Now, unfortunately, my mother never got to play college sports. She never had the joy and opportunity to match her skills against her peers in basketball or tennis at college because she went to college before there was a Title IX.

13. What’s Happening? • Litigation • Administrative Enforcement • Internal Complaints • General

14. Title IX Coordinator Title IX • Every school is required to designatesomeone in this position • It is not an athletics’specific position • NCAA Submission • Who it is at your school? • Publication Obligations • Duties set forth in OCR letter and recent Agreements • Publication of Name of Coordinator • Grievance Procedure • Policy

15. EADA / NCAA Reporting • Federal Reporting/Who Signs on Campus? • Primary Tool Used by Staff and Outside Groups to Analyze Compliance • Different Reporting Dates • Oct 15 – Public Dissemination • Oct 29 – DOE Filing • Jan 15 – NCAA Filing

16. NCAA Certification and Self-Study • NCAA Division I, II and III • Very Public Process for DI • Applies to Public and Private Institutions • Minority and Gender Issues • Mirrors Title IX Elements • Asks Questions Regarding EADA • Division I requires Institutions to Draft and Implement Gender Equity Plans with specific timelines • In essence – a detailed public audit process with Risk Management Issues • Important to run by Counsel and important to include disclaimers

17. Title IX Overall Compliance in Athletics Participation Treatment Scholarships RETALIATION AND HARASSMENT CLAIMS

18. Sports/Participant Analysis • How does Office for Civil Rights (OCR) define sport? • Once sport defined, who is a participant? • Receive 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 • Participate in organized practice sessions and other team meetings and activities on a regular basis during a sport’s season; and • Are 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 continue to receive financial aid on the basis of athletic ability.

19. Participant • Participation:Count every spot occupied on team as of the first date of competition – evidenced by squad lists. Multi-sport athletes count one time for each sport they play. • Financial Aid: Count student-athletes once no matter how many sports they may play – alphabetical list of male and female student athletes.Document All Special Cases

20. Participation: The Three Part Test • SUBSTANTIAL PROPORTIONALITY – prong 1 • Intercollegiate-level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollment, or • HISTORY AND CONTINUING EXPANSION – prong 2 • The institution can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interests and abilities of the members of the underrepresented gender, or • ACCOMMODATION OF INTEREST AND ABILITY – prong 3 • It can be demonstrated that the interests and abilities of the members of the underrepresented gender have been fully and effectively accommodated by the present program.

21. Prong 1 Substantial Proportionality

22. OCR Analysis • FT Undergrad Population = 45% male & 55% female • Student-Athlete Participation = 400 males (57%) & 300 females (43%) • For Title IX purposes, women would be underrepresented sex: • Underrepresented Sex by 12% participation vs. undergraduate percentages • Translated into actual bodies, keeping male participation constant: 400 males /.45 = 889 – 700 = 189 number of women needed to be added to the current program to mirror undergraduate population. Substantial Proportionality Question: Is there sufficient interest and ability in any women’s teams that could be supported with this count?

23. Prong 2 History and Continuing Practice of Program Expansion for Underrepresented Sex in Athletics • Steady increase in the participation % of the underrepresented sex • Looking for team additions for underrepresented sex at greater rate than opposite sex team expansion • Cannot be achieved through Roster Management Expansion • Not looking for a net expansion achieved by reducing/eliminating sports of overrepresented sex

24. Prong 3 Effective Accommodation of Interest and Ability • Model Survey • Better Survey • Assessing Interest • Plain Reading of the Law v. Spirit of the Law • Assessing Ability • Determining Competitive Region • Determining Competition

25. Financial Aid Dollars – Scholarship Analysis Compare the Scholarship Dollars Spent on Male and 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

26. Treatment and Benefits

27. Are the Disparities Significant? • Difference, on the Basis of Sex • in benefits or services that has a . . . • negativeimpact on athletes of one sex . . . • when compared with benefits or services available to athletes of the other sex. • Significant Disparity: • So Substantial as to Deny Equal Opportunity to Athletes of One Sex. • Disparities that are not Significant. . . • Evidence to be Evaluated.

28. Dollars Don’t Tell the Whole Story OUTSIDEFUNDING& INKIND WILDCARDS PERSONNEL PUBLICITY & MARKETING EQUITABLE BUDGET OPERATIONS RECRUITING

29. An AD’s Perspective • Talking with the President • Stand Tough • Seek Outside Assistance

30. AD’s Perspective cont’d • Preventing Problems • Understand the Law • Have a Plan for Participation and Support • Share • Remember that Students Change

31. AD’s Perspective Cont’d • Equipment Budget • Safety Equipment • Game Uniforms • Sideline Apparel • Practice Uniforms • Game Equipment • Undergarments • Personal Equipment • Footwear

32. AD’s Perspective Cont’d • Making Cuts v. Expansion • Accept Reality • Connect with Your Plan • Be Creative • Be Fair About Title IX • Share Responsibility

33. Take Aways • Know Your Status • Review Your Latest EADA Report • Be Proactive • Engage and Educate Senior Management • Title IX Policy • Equity Plans • Know the Law

34. NCAA Educational Initiatives • Resource web site – www.ncaa.org/gender_equity • Gender Equity Manual – online • Title IX Resource Center • Topical brochures & best practices • Teaching Title IX Project • Pregnant & Parenting Student-athletes • NCAA Gender Equity Forum – May 1-3, 2011 • Gender Equity Research: Gender Equity Report; Sports Sponsorship & Participation Report; Perceived Barriers-Athletics Careers • Professional Development Programming – over $6 million annually for women and minorities

35. Achieving Gender Equity in Tough Financial Times • Questions?? • www.ncaa.org/gender_equity