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Apr 20, 2010 3:16:27 PM

The NCAA News

 

The news that the Department of Education's Office for Civil Rights would rescind the 2005 clarification to Title IX policy prompted reactions from several people invested in the gender-equity policy.

Among them was Cary Groth, athletics director at Nevada and a member of the 2002 Commission on Opportunity in Athletics, created by the Bush administration.

"It was interesting, to say the least, that (the Office for Civil Rights) put forth that recommendation or interpretation in 2005," she said. "I was quite shocked, especially after serving on the Commission on Opportunity in Athletics. It's funny to me that we're still talking about these issues 35 years later. That's what amazes me. It is a no-brainer, as Vice President Biden said. This is a no-brainer. We should be doing the right thing for the right reasons, and Title IX is just that. I was elated to get that news this morning. I was very excited to see it.

"The clarification that came out in 2005 was very different than any other previous administration, Republican or Democrat. That was just a rogue interpretation. Depending on the administration, you have a different level of enforcement perhaps in the Office for Civil Rights. That was mind-boggling at the time. I hope we can all move on and do the right thing."

Other reactions:

Mike Moyer, executive director of the National Wrestling Coaches Association:

"I want to emphasize as always that we are not advocates just for men's sports; we're also advocates for women's sports. We see at schools that are trying to comply with proportionality, it really puts women at a disadvantage, especially women who play on sports with small roster sizes. It seems like – what's wrong with an interest survey – it's attached to some kind of an obligation, like preregistration? I'm not suggesting you just e-mailed a survey and no one responded; we're all good. Clearly, that's ridiculous. But to attach it to something where you have to complete the survey in order to register for classes – I don't know what better way to assess the interest on your campus than to ask your students.

"I don't understand why you would only ask the women. Right now, we've got states like Washington with 300 high school wrestling programs and not one college program. At some point, shouldn't the interests of both men and women matter?

"We're also advocating on behalf of women's wrestling. There are now twice as many high school women wrestlers in America than high school women rowers, yet there are 144 NCAA women's rowing teams and not a single NCAA women's wrestling team. Who is asking those women? We survey them and ask them."

Sam Seemes, executive director of the U.S. Track and Field and Cross Country Coaches Association:

"To a certain degree, it's a non-step, at least to a lay person. I don't know of anyone who ended up using the interpretation that was made during the Bush administration and obviously there were groups that came out against it,including the NCAA. Although it was on the books, it was definitely a nonfactor as far as I know.

"From a track and field standpoint, we don't have a problem with the original guidelines. Our biggest concern is how the system has allowed institutions to use the Title IX interpretation to hide behind in certain instances of cutting programs. They've used the Title IX interpretation on how you figure quotas when really it's been a philosophical decision to shift funds in different directions, and in the public eye they've made what was good legislation in Title IX be the bearer of bad news. We'd like to see that sometime corrected, because we feel like it's been misused, and that has had an effect on track and field.

"People have used it to create misunderstanding. I think they fully know what they were doing because most instances when we've seen programs cut, we've seen the dollars they were going to save from those programs just used someplace else. We haven't seen them used as savings. In most instances, they've gone back and referred to interpretations of Title IX and how they had to go in and do reporting as to what guidelines were used to do accountability as a justification for cutting the programs. Not only were they saving money, they were coming into compliance with Title IX because they had to meet this three-part test that was in place.

"What we've seen most of the time was there were other ways they could have met the three-part test or they've already met it, and bottom line, they wanted to shift funds. Our feeling is a number of institutions that have cut programs have done so under false pretenses and made the three-part test be the whipping boy. I don't think the three-part test we had before the Bush interpretation was bad, it was how people have tried to use it that makes people skeptical."

Christine Grant, former director of women's athletics at the University of Iowa:

"The first thing that crossed my mind was to give thanks to the leadership of Myles Brand on this entire issue. When that clarification was released in 2005, his immediate response to tell institutions not to use it was tremendously influential. The lack of support by the NCAA and President Brand minimized the damage that could have been done by that clarification. And it could have been massive damage. It could have crippled any kind of progress. And it was Myles Brand's leadership that diverted that.

"Between 2000 and 2008 was a very sad time for girls and women in sport. There was little, if any, progress made. President Bush not only failed to enforce Title IX, he actively sought to weaken it.

"Now we have an administration that is committed to equal opportunity in lots of ways, including enforcement of Title IX, so that girls do get their rightful opportunities in sport at both the high school and collegiate level."

Jessica Gavora, College Sports Council vice president for policy:

"At a time when the U.S. Commission on Civil Rights is calling for reform of Title IX, this is a step backwards for everyone that cares about fairness in athletics. Students, women and men alike, are more than capable of expressing their interests, and especially when it comes to extracurricular activities on campus their voices should be heard." 

Arne Duncan, U.S. Secretary of Education:

"We can not take steps that dissuade women from athletics opportunities … Title IX has not starved men's athletics programs. Since Title IX was enacted, the number of men's programs has grown, and the number of men and women playing sports also has grown. … This reaffirmation of longstanding policy will help to bolster Title IX and ensure that institutions that receive federal funds do not discriminate on the basis of sex."

Tim Welsh, swimming coach at Notre Dame and president of the American Swimming Coaches Association:

"It doesn't seem as if the surveys have had much of an impact on the survival or demise of men's swimming programs across the country. (Proportionality) numbers plus the economy mean schools will have to add something or subtract something, and from the way the economy has been, it means subtract. I don't know that this helps men's swimming in the United States at all."

Bob Groseth, executive director of the College Swimming Coaches Association of America:

"It's hard in our position because our women's teams have obviously flourished with Title IX but at the same time we've seen damage done to men's teams. We would like to see as many means to comply to Title IX as possible. We've always had this three-prong test, and either through the legal standards and now through the Obama administration decision (it has) really cut down the only way you can comply is by proportionality. 

"It's very obvious that Title IX has helped the women and they would have been discriminated against in the past in terms of opportunities. They are getting a lot more opportunities now. I remember a quote talking about Jackie Robinson and some of the first black players that came in baseball and one of the black players said we'll know we've arrived when we have not only the right to succeed but also the right to fail. I think what this does is with the proportionality standard, the women are protected and the men aren't. When schools are considering dropping programs, the men's teams will be the first ones they look at. That's a sad thing, and I think that we've seen a drop in our teams at the Division I level by about 25 percent. It hurts. We see growth in our sport at the age group level and the masters' level. People love the sport and participate after college. But we're not seeing growth at the college level. That's a sad thing."

Patti Phillips, executive director of the National Association of Collegiate Women Athletics Administrators:

"We're thrilled. NACWAA was established to enhance the experience of women, athletics administrators, staff, athletes, coaches on college campuses. We are very supportive and celebratory of any policy that makes it possible for women to have stronger opportunities to participate in sports.

We're all about moving forward. We are really happy it happened with such strong voices. We think it's a great thing to happen as we continue to try to provide more opportunities for women. This is a statement, and it's important on that level. It's sending a stronger message about the importance of Title IX and providing opportunities and not creating barriers to opportunities or gray areas."