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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.
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.
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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