NCAA Gender Equity

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 IX20 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.

6. Athletics Compliance Areas • Sexual Harassment Generally • Athletics Specific • Participation • Financial Aid • Treatment of student-athletes • Title IX campus Coordinator • EADA – Public report - http://ope.ed.gov/athletics/

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

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.

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 complywith the Participation Expectation?  2010 Dear Colleague Letter issued by OCR - http://www2.ed.gov/news/pressreleases/2010/04/04202010a.html Anyone 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.”

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

12. Standard is to be within 1% of student-athlete participation ratios 1998 OCR Letter

13. Other Benefits & OpportunitiesThe “Laundry List” Men’s Program Women’s Program = What do the student-athletes say? 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

14. 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: • Vivasv. 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

15. Developing a Successful Gender Equity PlanPlan

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. 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

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.

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.

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

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 Contacts: Judith Sweet jmssd@san.rr.com Karen Morrison kmorrison@ncaa.org