NCAA News Archive - 2001

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OCR closes book on Title IX investigation at NCAA


Feb 12, 2001 8:47:03 AM


The NCAA News

The Office for Civil Rights, U.S. Department of Health and Human Services, has administratively closed its investigation of whether the Association offers female student-athletes an equal opportunity to participate in postseason competition.

OCR indicated to the NCAA in late January that, while it remained concerned about women's rowing and women's gymnastics, which currently are conducted as National Collegiate rather than division championships, there was "insufficient evidence with which to issue findings at this time."

OCR also noted that it will continue to "monitor the NCAA's actions as they relate to the provision of equitable opportunities for men and women athletes."

Elsa Cole, NCAA general counsel, said she interprets the closure of the investigation as indicating that the NCAA is in compliance with Title IX, even though the Association is not required to do so.

"The NCAA is not a recipient of federal funds, and therefore Title IX does not apply to us," Cole said. "However, the NCAA has chosen to work with the federal government to meet Title IX standards. We have voluntarily agreed to cooperate with this investigation to show our interest in using their knowledge and expertise in providing equity for our student-athletes in the championships experience."

Cole also noted that, by closing the investigation, the OCR had recognized the NCAA's progress in offering championships opportunities to female student-athletes.

"This recognizes the expansion of opportunity that the NCAA has voluntarily provided for women, and the plans that the NCAA has to continue to expand these opportunities."

Judith M. Sweet, NCAA vice-president for championships, pointed out that the NCAA is very interested in student-athletes' opportunities, as well as their positive experiences.

"The proportion of NCAA championship opportunities offered for male and female student-athletes is nearing 50-50," Sweet said. "And, one of the sports the OCR was concerned about, rowing, will soon make the move from a National Collegiate Championship to one that is offered on a division basis."

Sweet, who also serves as the Association's senior woman administrator, noted that the Division III membership had approved the creation of a Division III Women's Rowing Championship to begin in spring 2002, and that Divisions I and II are considering division championships in the sport as well.

As for women's gymnastics, Sweet explained that far too few schools sponsor the sport for three division championships to be conducted.

"In women's gymnastics, there is a tremendous gap between the number of schools sponsoring the sport on the Division I level and those sponsoring the sport in Divisions II and III. There are 63 Division I schools that sponsor women's gymnastics, but only seven Division II schools and 16 Division III schools that sponsor it. That's why there's a National Collegiate Championship in which all three divisions compete together."

Sweet also said the NCAA plans to continue to expand women's opportunities. "All three divisions are considering bracket expansion, and this spring we'll have the debut of championships for women in ice hockey and water polo," she said.

OCR investigation timeline

September 1992 -- Original complaint filed by Frank Soda to the Office for Civil Rights, U.S. Department of Education, alleging that the NCAA discriminated against women in its intercollegiate athletics championships.

November 1992 -- The Office for Civil Rights, Department of Education (OCR/DOE), referred the complaint to the Office for Civil Rights, Health and Human Services (OCR/HHS) based on the Department of Education's understanding that the Department of Health and Human Services provided funds to the NCAA through the Association's National Youth Sports Program.

November 1994 -- OCR/HHS sent letter to Soda informing him that it would conduct an investigation into his allegation that the NCAA discriminated against women in its championship opportunities.

March 1998 -- OCR/HHS (Region VII, Kansas City) issued a letter finding that the NCAA did not violate Title IX in providing opportunities to male and female athletes.

June 1998 -- The National Women's Law Center, representing Soda, challenged the findings of the regional OCR/HHS office and requested a review of the matter by the OCR headquarters.

November 1998 -- OCR reopened the complaint and sought additional information about NCAA championships opportunities.

February 1999 -- NCAA asked for clarification on the information requested by OCR.

March 1999 -- OCR provided additional information regarding its request to the NCAA.

April 1999 -- NCAA provided extensive information about NCAA championships to OCR.

January 2001 -- OCR concluded that there was insufficient evidence to issue findings and administratively closed the investigation, noting that it would continue to monitor the NCAA's actions as they relate to the provision of equitable opportunities for male and female athletes.


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