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 Some schools in our conference are questioning whether JV numbers (and costs) should be counted for Title IX purposes. According to EADA instructions, we are not to count them. Where does the OCR come down on this?

A As we have discussed before, Title IX compliance may be measured and achieved in a number of different ways. Each method of compliance requires that an institution count all of its student-athletes accurately and consistently. As described more fully below, the Title IX and the EADA definitions of participant, although similar, are not identical. These differences have led to some misunderstandings when people or organizations have relied on the data set forth in the EADA forms to assess an institution's Title IX compliance. This is one of many reasons why it is so important to make use of the comment section on the EADA forms.

Moreover, the EADA provides that the comments may be placed within the EADA form itself when the information is distributed by the institution. In this way, explanatory information can follow the section that it explains. If the information is presented in this way, it is more likely to be read and incorporated in the reader's assessment of the program than if it is placed in a summary form at the end of the document.

For purposes of Title IX, a participant is defined under the Policy Interpretation and the Clarification Letter to include those athletes who:

• Receive the institutionally sponsored support normally provided to athletes competing at the institution involved (for example, coaching, equipment, medical and training room services) on a regular basis during a sport's season; and

• Participate in organized practice sessions and other team meetings and activities on a regular basis during a sport's season; and

• Are listed on the eligibility or squad lists maintained for each sport; or

• Because of injury, cannot meet the three points above, but continues to receive financial aid on the basis of athletics ability.

Each spot a student-athlete occupies counts one time. In other words, an athlete who competes on cross country, indoor and outdoor track occupies three participation spots. Where junior varsity athletes meet these criteria, they may be counted for Title IX purposes. However, the OCR has made it clear that it will look at JV programs closely to ensure that varsity participants are not offset by junior varsity participants of the other sex. Accordingly, schools with junior varsity programs should use the tiering model as a guideline to determine how junior varsity athletes fit within a program's overall Title IX compliance review.

In addition, the reader is correct in stating that the EADA definition of participant generally does not include junior varsity athletes. Junior varsity athletes may be included, however, where they routinely practice with the varsity and are listed on the varsity squad list. The EADA defines participants to include those students who, as of the day of a varsity team's first scheduled contest:

• Are listed by the institution on the varsity team's roster;

• Receive athletically related student aid; or

• Practice with the varsity team and receive coaching from one or more varsity coaches.

Any student who satisfies one or more of those criteria is a participant, including a student on a team the institution designates or defines as junior varsity, freshman, or novice, or a student withheld from competition to preserve eligibility (that is, a redshirt), or for academic, medical or other reasons (see 34 CFR 668.47).

As discussed above, junior varsity student-athletes who do not meet this definition should be included on the comment section of the EADA form to let prospective student-athletes and their families know that junior varsity opportunities are available.

The EADA defines varsity teams as those that are designated or defined by its institution or an athletics association as varsity teams or those that primarily compete against other teams that are designated or defined by their institutions or athletics associations as varsity teams.

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