The NCAA News - News and Features

The NCAA News -- March 1, 1999

Proportionality not the only compliance option

While there are many elements to be considered in Title IX compliance, most institutions choose to meet the "proportionality" prong of the three-part test as a way of complying with the "Participation Opportunities" section under the "Accom-modations of Interests and Abilities" category of the legislation.

This prong basically requires institutions to provide participation opportunities for women and men that are substantially proportionate to their full-time undergraduate enrollment.

In other words, if 55 percent of the full-time undergraduates are women and 45 percent are men, then 55 percent of the athletics participants should be women and 45 percent should be men.

"As women's enrollment increases, it may become less likely that some institutions would be able to be compliant with that prong," said Janet M. Justus, NCAA director of education outreach and women's issues coordinator.

For institutions that developed a five-year plan to add women's sports to achieve proportionality -- perhaps based on their enrollment figures from five years ago -- compliance has become a moving target.

Other roads to compliance

While compliance with the proportionality prong is the simplest to analyze since it is determined by a mathematical calculation, institutions may be better served to look at the other ways to comply with the "Accommodations of Interests and Abilities" category.

"There are two other prongs, so people shouldn't just focus on proportionality," Justus said.

The other tests, which do not rely on statistical analysis, often are overlooked.

"Proportionality has gotten such press, and I think such misinformed press," said Title IX consultant Valerie M. Bonnette, president of Good Sports, Inc. "Many articles have presented proportionality as the sole test, and that's simply not true."

Institutions may comply with prong two by "demonstrating a history and continuing practice of program expansion for the underrepresented sex," or with prong three by "fully and effectively accommodating the interests and abilities of the underrepresented sex."

Bonnette encourages institutions to look at their programs in light of the other tests.

"Look at your current sports offerings for women and see if there is sufficient interest and ability for a viable team, along with a reasonable expectation of competition for that team in your normal competitive region. If the answer is yes, then you've got a choice -- either add that team or do something else to achieve proportionality," she said.

"There are a lot of people who think that if you have a club team out there, then you have to consider offering that sport. That's not true. It has to be a viable team with a reasonable expectation of competition. Having one woman who wants to play lacrosse isn't the point."

Bonnette also pointed out that institutions have been found in compliance by using prong two.

"There are a few schools that may meet test two, especially if they've added several teams for women or a significant number of opportunities on existing teams," she said.

Bonnette points toward the Office for Civil Rights (OCR) 1996 Policy Clarification, in which the matter of fluctuating enrollments was discussed.

However, in OCR's example, the institution that is found in compliance is only two points off of proportionality (they were trying for 50-50) when its women's enrollment jumps from a five-year average of 50 percent to 52 percent in a year.

That is not the situation that most institutions are facing. And, an institution that is still shooting for 50 percent female participation when its female enrollment is 57 percent doesn't seem to be covered by that interpretation either.

One problem simply may be that institutions are taking too long in general to achieve proportionality. "Schools are making five-year plans to reach compliance, and OCR for one would not tolerate taking five years to reach compliance," Bonnette said.

So how close does an institution have to be?

"If your ratios are off by three, four, five points, you would probably not meet that prong and would need to move on to prong two or three," Justus said.

-- Kay Hawes