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.

Q Across the country, cheerleading squads operate as a part of their respective athletics departments and are treated like all of the other teams. These squads provide athletics opportunities for young women and some men, but are not recognized as a sport, although they generally use university (athletics) funds for expenses. How does cheerleading fit with Title IX?

A Over the years, several institutions have inquired about the possibility of counting cheerleading squads or dance teams as varsity sports. The abbreviated response is that if such groups exist primarily to support varsity teams (as spirit activities), then these groups will not be recognized as varsity sports. However, it is possible under certain circumstances to have them accepted as bona fide varsity teams.

The following is excerpted from the Department of Education Office for Civil Rights' April 11, 2000, letter on the definition of varsity sport:

"In determining whether an activity is a sport OCR will consider on a case-by-case basis:

• Whether selection for the team is based upon factors related primarily to athletic ability; and,

• Whether the activity is sponsored for the primary purpose of preparing for and engaging in athletic competition against other similar teams; and

• Whether the team prepares for and engages in competition in the same way as other teams in the athletic program (for example, receives coaching, conducts tryouts; engages in regular practice sessions, and has regularly scheduled athletics competitions); and,

• Whether national, state and conference championships exist for the activity; and

• Whether the activity is administered by the athletics department.

By contrast, if the purpose of the team is primarily to support and promote other athletes, then the team will not be considered to be engaged in a sport.

The OCR also may consider other evidence relevant to the activity, which might demonstrate that it is part of an institution's athletics program.

A non-exhaustive list of the evidence that may be considered includes:

• Whether the activity is recognized as part of the interscholastic or intercollegiate athletics program by the athletics conference to which the institution belongs and by organized state and national interscholastic or intercollegiate athletics associations;

• Whether organizations knowledgeable about the activity agree that it should be recognized as an athletic sport;

• Whether there is a specified season for the activity that has a recognized commencement and ends in a championship;

• Whether there are specified regulations for the activity governing the activity such as coaching, recruitment, eligibility, and length and number of practice sessions and competitive opportunities;

* whether a national, state or conference rules book or manual has been adopted for the activity;

• Whether there is national, conference or state regulation of competition officials along with standardized criteria upon which the competition may be judged; and

• Whether participants in the activity/sport are eligible to receive athletics awards (for example, varsity awards)."

The OCR's position on cheerleading is supported by the Universal Cheerleaders Association, the American Association of Cheerleading Coaches & Advisors and the National Federation of State High School Athletic Associations.

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