SAN DIEGO -- It has been an unusual year for Title IX, and it was an unusual year for the NCAA Title IX Seminar as well.

While interest in the annual meeting always has been high, there was a sense of urgency this year as the athletics community awaits a decision from U.S. Secretary of Education Rod Paige regarding the future of Title IX.

In February, Paige received the report of the Commission on Opportunity in Athletics, which he appointed last year to review Title IX implementation.

Many of those commission members appeared at the NCAA Title IX Seminar April 28-29 to discuss both their positions on Title IX and the work of the commission.

Nearly 170 attendees and speakers were on hand for the 12th seminar since 1995, the first in many years to be held on the West Coast.

Those who attended were treated to a surprise appearance by Julie Foudy, captain of the national women's soccer team, who took a break from soccer practice to help honor former Sen. Birch Bayh, the primary sponsor of Title IX legislation 31 years ago. The NCAA honored Bayh as the "Father of Title IX," and presented him with an etched crystal vase to that effect.

"On behalf of the millions of young girls out there who have benefited from Title IX, we wrap our arms around you and say, 'Thank you,' " Foudy said.

Bayh, who was visibly moved by both the honor and Foudy's remarks, told the audience how he, "a kid off the farm in Indiana," became a champion of women's rights. It was because of his wife, an Oklahoma wheat farmer's daughter who had very good grades and who wanted to attend law school at the University of Virginia, Bayh said. Her application was returned to her, with the notation "women need not apply."

"She was my helpmate who gave me a master's degree in equality," Bayh said. "I think a lot of us just accepted things as they were. It became evident, though, that the worst discrimination against women and girls was the way they were treated in the schools."

Bayh noted that Title IX was not without controversy, and he also noted that women still lag behind in athletics opportunities offered and in resources provided to support athletics opportunities.

"If I'm the 'Father of Title IX,' I want to tell you this -- the legal intent of the law is that women and girls will be treated the same as men and boys, and we still have progress to make," he said. "The American public supports Title IX, Congress supports it, but the individual decision has to be made at the campus level. Seventy-one percent of our campuses have been able to comply with Title IX without dropping a single men's sport. It can be done."

NCAA's commitment to Title IX

NCAA President Myles Brand delivered the seminar's keynote address, emphasizing the NCAA's commitment to Title IX. Brand noted the commission's conclusion and the threat he believes Title IX faces today.

"For those of us who believe in the values that participation in athletics teaches, for those of us who understand the impetus of important civil-rights legislation such as Title IX, these are perilous times," he said. "The future of Title IX is uncertain because we do not know what Secretary Paige will do with the recommendations from the Commission on Opportunity in Athletics.

"The commission did not recommend that Title IX itself be changed; rather it proposes several re-interpretations, which threaten to weaken seriously prospects for gender equity. My worst fear is that recommendations will be accepted that will freeze participation for women at the current level and thus institutionalize discrimination against women and inhibit further growth."

Brand outlined the progress of women in athletics in the 31 years since Title IX's passage and also detailed the NCAA's efforts to promote gender equity and to assist member institutions with compliance. He also pointed to several prominent female former athletes who have made important contributions to society.

"In addition to (ABC News broadcaster Robin) Roberts and (orthopedic surgeon and Olympian Dot) Richardson, we can look to astronaut Sally Ride, broadcaster Ann Meyers Drysdale, communications executive Lisa Rosenblum or attorney Anita DeFrantz. These are individuals whose contributions to the world in which they live are the result in no small part of the character they developed as an athlete," Brand said.

"As impressive as the results of federal law and the hard work of campus leaders have been over the last 31 years, there is much work still to be done to ensure that women and men who attend NCAA member schools have equitable access to athletics participation. Although women comprise 53 percent of the undergraduate student population at NCAA member schools on average, they represent only 41 percent of the participating student-athletes, receive only 36 percent of athletics departments' operating dollars and have only 32 percent of the recruiting budgets."

Brand also pointed to General Accounting Office statistics showing that the number of women -- and men -- participating in athletics has actually increased, and he noted that the reasons institutions discontinue sports are varied and include student interest, budget concerns and gender-equity issues.

"The conclusions are clear," he said. "The decisions to discontinue specific sports are made at the institutional level for a variety of reasons. If the decision is made to eliminate sports for gender-equity reasons, it is because institutions have chosen this path, not because Title IX dictates such action. Rather, Title IX has been used as an excuse to close these programs; it is not the reason."

Brand noted that he has called on Secretary Paige to avoid any changes that would weaken the civil-rights legislation.

"In a speech to the National Press Club in March, I called on Secretary Paige to implement those recommendations that clarify and enhance enforcement, such as assuring all Offices for Civil Rights (across the country) use the same interpretation of Title IX, but reject all recommendations that weaken the intent of this legislation," Brand said.

"Today, we are getting reports that the OCR has suspended its reviews because it has been told changes are coming. I hope these reports are in error. If not, the stakes have increased dramatically. This inaction must be brought to the public's attention and it must be reversed immediately. There is nothing more fatal to civil-rights legislation than enforcement neglect.

"My message today is the same as it has been over the last four months. Title IX is not broken and it does not need to be fixed.

"Athletics participation is of value to both men and women. Let us leave no one behind because we think sport participation is the right of one gender over another."

Commission panel

One highlight of the seminar was a general session on the commission featuring several former commission members, many of whom politely disagreed with each other on the work of the commission and its eventual impact on Title IX implementation.

Those present for the commission panel were: commission co-chair Ted Leland, athletics director at Stanford, who moderated the discussion; Percy Bates, faculty athletics representative at the University of Michigan; Donna de Varona, Olympic gold medalist and broadcaster; Tom Griffith, general counsel at Brigham Young University; Deborah Price, a member of the Department of Education staff; and Rita Simon, a law professor at American University and president of the Women's Freedom Network. All the former commissioners were invited, as were staff from the Department of Education, including Secretary Paige and Gerald Reynolds, assistant secretary for the Office for Civil Rights.

Judy Sweet, NCAA vice-president of championships and senior woman administrator, led the audience through the individual recommendations, noting which ones were passed unanimously and therefore under review by Secretary Paige.

"In my opinion, several of the recommendations will have little or no impact," Sweet said. "Several of the recommendations are unclear and it's difficult to know their impact, and there are a few that potentially would change the intent of the law."

It was the first chance many of the commission members had had to speak publicly about their work on the commission, and it was a lively discussion. Each panelist had five minutes to focus on whatever recommendation or part of the commission process they wished to articulate.

"I didn't get everything I wanted (from the commission)," Bates said. "But when I looked at the composition of the commission I didn't think I would get everything I wanted. It was my view that those who wanted Title IX intact won the first leg of the war. But as we've heard this morning, the battle is not yet over."

Several members of the audience also rose in opposition to statements of particular commissioners. Those drawing the most interest in that regard were Simon, a sociologist who is a strong advocate for interest surveys, and Griffin, who stated several times that he believes proportionality is a quota.

"To Rita Simon, who said there is no discrimination in higher education and you have the numbers to prove it, I would say that your data does not reflect my experience," said Sharon Shields, president of the National Association for Girls and Women in Sport, who also is assistant provost at Vanderbilt University and professor of human and organizational development.

De Varona also indicated her frustration with the commission process, including the fact that the minority views were not included and the commissioners did not have a final meeting to work out the language in the report.

"It was mentioned by Debbie Price that many changes have happened in our culture and that (the growth of women's sports) will not stop if Title IX goes away. I disagree," de Varona said, noting that she also didn't think the commission ended up with solutions that would help men's sports.

"I have been absolutely frustrated with the dropping of men's sports, she said. "I think the wrestlers have made a case. I just wish they didn't see women and Title IX as their enemy instead of men's major sports."

Other highlights of the seminar included a luncheon presentation featuring Norma Cantu, former assistant secretary for the Office for Civil Rights during the Clinton administration. New concurrent sessions this year included "Addressing Homophobia in Sport: Who's Really on First?" presented by former Major League Baseball umpire Dave Pallone, and "Involving Student-Athletes in the Title IX Dialogue," which featured student-athletes from all three NCAA divisions.