NCAA News Archive - 2005

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Gender-equity Q&A


Sep 12, 2005 3:29:36 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.

Q Is Title IX the only law that imposes gender-equity requirements on colleges and universities? P CLASS=s2> A The answer in a word is "No." Although the Gender-Equity Q&A has focused primarily on Title IX, many state laws also apply to athletics programs offered by colleges and universities. Because the language contained in those laws may differ from Title IX, it is important for athletics administrators and general counsels to be familiar with the laws of their state to ensure that they are in compliance with all of the laws that affect their programs. Where state and federal laws differ, schools generally must comply with the most generous provisions of both, even if one requires a lower standard of compliance.

For example, in 1989, the state of Washington passed two laws relating to gender equality in higher education. Both laws apply to intercollegiate athletics programs in the state. One prohibits discrimination based on gender in athletics, among other areas, and the second provides a method whereby four-year institutions may access tuition waivers to comply with the law. The first law further requires schools to provide copies of the legislation to all students, and it requires the higher education coordinating board to report every four years to the legislature and governor on gender equity. It also states that complaints may be filed with the Washington's Human Rights Commission. Finally, the law requires institutions to "attempt to provide some coaches and administrators of each gender to act as role models for male and female athletes."

Florida's laws require that each community college and state university develop and file a gender-equity plan. The law expressly states that the plan must consider "equity in sports offerings, participation, availability of facilities, scholarship offerings, and funds allocated for administration, recruitment, comparable coaching, publicity and promotion, and other support costs." Florida's commissioner of education is charged with assessing compliance annually and forwarding the findings to the state board of education. Where institutions are found not to be in compliance with Title IX and the Florida Educational Equity Act, the state board of education has the authority to declare the institution ineligible for state grants and withhold funds sufficient to obtain compliance until the school comes into compliance or develops an approved compliance plan.

Additional examples include:

  • Maine law requires equal opportunity in athletics programs at public institutions and provides that state grants of financial assistance shall not be provided to any recipient engaged in discriminatory practices.
  • Discrimination on the basis of sex is prohibited in all extracurricular activities including athletics and athletics grants-in-aid by Rhode Island law.

In addition, as the following laws demonstrate, it pays -- literally -- to know the state laws that apply in this area:

  • Illinois' Sport Equity in Intercollegiate Athletics law extends grant tuition waivers in an amount not to exceed 1 percent of all tuition income to help schools attend gender equity in athletics.
  • Tuition waivers are available for female student-athletes under Louisiana law.
  • Public institution of higher learning in Arkansas may access additional state funding to provide gender equity in intercollegiate athletics.
  • In Utah, state institutions of higher education "shall annually use for the purposes described in Title IX . . . an amount of revenue equal to the total amount of sales and use tax" collected on admission to athletics events

Obviously, it is beyond the scope of this piece to set forth and analyze the myriad of state laws that regulate the provision of gender-equitable athletics programs and the case law and administrative opinions that interpret them. The laws set forth here do not even begin to scratch the surface of the variety of areas covered by state law that apply to intercollegiate athletics. There are many state laws that apply to the areas of hazing, harassment and employment in athletics as well.

Suffice it to say that Title IX is not the only law determining whether men's and women's athletics programs compete on a level playing field. It simply is a good place to start when discussing obligations that apply across the board.

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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