NCAA News Archive - 2005

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Gender-equity Q&A


Oct 24, 2005 3:44:15 PM



The Gender-Equity Q&A is intended to help athletics administrators understand institutional gender-equity and Title IX-related issues. Answers for the Q&A are provided by Christine Grant, associate professor at the University of Iowa, and Janet Judge, attorney with Verrill & Dana LLP.

Just before the start of the summer, in response to a number of inquiries from members, we promised a recap of the individual treatment areas covered by Title IX. If you recall, Title IX measures athletics compliance in three separate areas (participation, financial aid and treatment) with individual tests for each. When assessing compliance in this area, it is important to remember that although each area should be reviewed individually, it is the treatment of the men's and women's programs overall that is dispositive for compliance purposes.

Accordingly, a disparity in one area that favors one sex may be offset by a similar disparity in another area that favors the opposite sex. For the next several issues of the Gender-Equity Q&A, we will address ways to review each treatment (also known as "the laundry list"). Of course, each program will have its own unique characteristics and any review will have to be tailored to the circumstances of the program in question.

Q Is your travel and per diem allowance equitable?

A The Policy Interpretation provides that the following factors be addressed when assessing compliance in this area: (1) modes of transportation, (2) housing furnished during travel, (3) length of stay before and after competitive events, and (4) per diem allowances and dining arrangements. Before examining those specific areas, it helps to compare the size and composition of each team's travel party to ensure that differences, if any, are legitimate and not the result of inequitable funding or discriminatory decisions.

  • Mode of transportation. Team transportation varies depending upon a number of factors, including the number in the travel party, the distance traveled and the requirements of the particular sport. In sailing, for example, a school may have student-athletes traveling to three or four different events at the same time and may be sending each small group in cars, while other teams are traveling in buses or flying to contests. Many institutions run into problems in this area because they have informal travel policies that depend on the ingenuity of the individual coach or team manager. A better option is to have a formal travel policy that sets forth the authorized mode of transportation depending upon the distance to be traveled, team size, class schedules, weather considerations and cost. It also is wise to have such a policy approved by in-house counsel, especially when teams are authorized to travel in private vehicles or vans or when student-athletes are needed to assist with the driving. In the latter instance, providing a relief driver not associated with the team would be a safer alternative.
  • Housing on the road. When evaluating this factor, money is less of an issue than the comparative quality of the housing. For example, it costs more to house a team in some areas than others. In addition, teams with larger squads many times have to stay in larger hotels to find appropriate meeting space. Again, schools should have clear policies regarding housing on the road including, but not limited to, the maximum number of student-athletes permitted in each room.

Many institutions offer monetary guidelines for hotel costs to promote equity in this area. Some schools have discovered when assessing this area that coaches have used their housing budget for other program expenses and required students to double up or stay in alumni housing when on the road. If these choices are made by coaches unilaterally without administrative approval and unanimous student-athlete buy-in, these programs can find themselves in trouble.

Also, even though the factor anticipates housing when teams are on the road, some programs run into trouble because they house certain teams in hotels or motels before home contests. If this is not offered to members of each sex on an equitable basis, it is problematic. Remember, Title IX compliance is assessed through the eyes and experiences of all student-athletes.

  • Length of stay. The length of stay before and after competitions is a sensitive issue for student-athletes, especially when some teams are permitted to arrive the day before competition while other teams are required to travel on game day. Schools with uniform policies with regard to travel depending upon the time of contest, distance traveled, academic schedule and team schedule generally are in good shape in this area provided the factors are uniform and nondiscriminatory. Some schools have attempted to justify trip extensions by pointing to outside funding for such trips. All benefits provided by the school, however, no matter the source of their funding, must be equitable.
  • Per diem and dining arrangements. Members of all teams should be fed equitably when on the road. This relatively simple issue, however, is complicated by the timing of team departures, the availability of on-campus dining opportunities, bag lunches, and availability of affordable yet nourishing meals while on the road. The types and qualities of restaurants and meals that are made available need to be reviewed. Do teams of one sex regularly eat fast food or sandwiches while teams of the other sex visit "sit down" restaurants? Setting financial guidelines for in-state and out-of-state meals helps ensure equity in this area. Do some teams have pregame and postgame meals? If so, can the institution articulate a good reason for the difference in treatment of teams?

In short, schools need a comprehensive travel policy that is fair and equitable. In addition, it must be applied uniformly. Deviations must be approved and justified. And finally, this is a good area for occasional discussions with student-athletes. Do they feel that the travel policies are fair and appropriate? If they have legitimate concerns, schools should address them sooner rather than later.

For additional gender-equity resources, including newly created video segments featuring Christine Grant and Janet Judge, visit www.ncaa.org/gender_equity.


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