NCAA News Archive - 2002

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Panel hears first wave of Title IX testimony


Sep 16, 2002 8:52:08 AM

BY KAY HAWES
The NCAA News

ATLANTA -- The August 27-28 meeting of the Secretary of Education's Commission on Opportunity in Athletics was emotional -- and exhausting.

The town-hall session, the first of four scheduled through November, was an initial look at the commission and the work before it. And if the Atlanta meeting is any indication, the commission is in for a lot of listening.

People spoke with passion, and they sometimes spoke through tears and anger. They spoke of opportunities lost and opportunities won, of their parents' sacrifices and of their children's future.

The commission was announced June 27 by U.S. Department of Education Secretary Rod Paige, and the 15-member body is charged with "collecting information, analyzing issues and obtaining broad public input directed at improving the application of current Federal standards for measuring equal opportunity for men and women and boys and girls to participate in athletics under Title IX."

What that charge essentially meant in Atlanta was listening to invited panelists and registered members of the public articulate their support or opposition for proportionality, the "safe harbor" for compliance with Title IX.

The invited panelists were asked to submit written comments ahead of time, and then they each spoke five to 10 minutes uninterrupted. (See the list on page 19 of panelists who testified in Atlanta.) At the conclusion of each panel's testimony, the commission (and its ex officio members) were free to ask questions of the panelists.

During the time for public comment, speakers came from as far away as Michigan, Idaho, Florida, Tennessee and every corner of Georgia. They were asked to register ahead of time via e-mail, and they testified in the order of their registration.

There were former male student-athletes -- mostly gymnasts, wrestlers or swimmers -- from Brigham Young University; Northwestern University, Michigan State University; Marquette University; the University of California, Los Angeles; and the University of Tennessee, Knoxville. Most of them spoke about opportunities lost and their belief that Title IX, and specifically proportionality, were to blame.

There were former female student-athletes from Emory University; Georgia Institute of Technology; Purdue University; Duke University; the University of North Carolina, Chapel Hill; and Clemson University. They spoke about the opportunities Title IX had provided to them and their belief that more enforcement, not less, was in order.

There was testimony from parents, high-school administrators and coaches, and also from the leadership of several organizations on both sides of the debate. A cross section of the commentary accompanies this article.

In keeping with its timetable, the commission will meet three more times in similar fashion. There also will be two additional meetings -- open to the public but not for public comment -- focused on discussing the relevant issues and preparing a report due to Secretary Paige at the end of January.

Though much was discussed at the Atlanta meeting, there is still a long way to go before the commission is ready to issue any recommendations.

Ted Leland, athletics director at Stanford University and co-chair of the commission with former WNBA star Cynthia Cooper, is prepared for the long haul.

"We've still got a lot of listening to do," he said.

Based on the turnout and the passion in Atlanta, there should be no shortage of folks interested in bending his ear.

Commission members

Percy Bates, faculty athletics representative, University of Michigan

Bob Bowlsby, director of athletics, University of Iowa

Cynthia Cooper, former professional player, Women's National Basketball Association

Gene DeFilippo, director of athletics director, Boston College

Donna De Varona, chair, USOC Government Relations Committee

Julie Foudy, president, Women's Sports Foundation

Tom Griffith, assistant secretary and general counsel, Brigham Young University

Cary Groth, director of athletics, Northern Illinois University

Lisa Graham Keegan, CEO, Education Leadership Council

Ted Leland, director of athletics, Stanford University

Muffet McGraw, head women's basketball coach, University of Notre Dame

Mike Slive, commissioner, Southeastern Conference

Rita Simon, professor, American University School of Public Affairs and Washington College of Law.

Graham Spanier, president, Pennsylvania State University

Deborah A. Yow, director of athletics, University of Maryland, College Park

Ex officio members:

Gerald Reynolds, assistant secretary, Office for Civil Rights, U.S. Department of Education

Brian Jones, general counsel, U.S. Department of Education

Sally Stroup, assistant secretary, Postsecondary Education, U.S. Department of Education

Commission hears a variety of viewpoints during Atlanta town hall meeting

Following are selected comments from speakers at the first meeting of the Secretary's Commission on Opportunity in Athletics.

"Title IX is the most significant contribution to the equality of women since the 19th amendment to the Constitution.

"Please don't listen to those people who tell you women and girls are not interested in sports. They are.

"I'd like to add a question to your list: Do we wish less opportunity for our daughters than for our sons?"

Birch Bayh, former U.S. senator from Indiana, 1963-1981, and sponsor of the 1972 Title IX legislation

"The concept of proportionality, particularly under (former OCR head) Norma Cantu, has turned what was otherwise outstanding legislation into something not intended, and
I believe, with negative consequences. It's time -- I believe and the American Football Coaches Association believes -- to stop the quota-based culture that has developed in college athletics. Young men are being denied the ability to pay their own way and walk on."

Grant Teaff, executive director of the American Football Coaches Association

"The decisions to discontinue specific sports are made at the institutional level for a variety of reasons. If the decision is made to eliminate sports for gender-equity reasons, it is because institutions have chosen this path, not because Title IX dictates such action."

Judith Sweet, NCAA vice-president for championships and senior woman administrator

"We need regulations that are reasonable, rational and flexible. I urge the proposal of regulations that are realistic and that make a distinction between revenue and nonrevenue sports."

Beverly Ledbetter, general counsel for Brown University

"Title IX gave me the opportunity to receive an education. We're only asking for the same amount of opportunities to participate. We are only asking for the same recruiting dollars, the same quality coaching, the same overall programs. Take five football scholarships and give them to wrestling, they could have a program."

MaChelle Joseph, assistant women's basketball coach at Georgia Institute of Technology

"(When it comes to Title IX) clearly something that was well-intended has also gone awry. Because OCR labeled proportionality the 'safe harbor,' college presidents and athletics administrators have focused on the proportionality test to comply with Title IX. Proportionality is a measurement of outcomes, not opportunities."

Steve Erber, athletics director at Muhlenberg College

"Simply saying that everyone supports Title IX can mask an enormous variation in responsibility and obligation.

"What we need on the 30th anniversary of Title IX is much more vigorous enforcement of the law, not just at the college level but at the high-school level and below. I urge you to encourage the Department of Education to keep Title IX's policies, which have been established in the courts, in place and enhance enforcement."

Marcia Greenberger, co-president of the National Women's Law Center

"Title IX has devastated men's and women's collegiate gymnastics in the United States. It's time to take responsibility for the depravation of men's Olympic sports at the college level."

Ron Galimore, national governing board for gymnastics, United States Olympic Committee and first African-American male to make the U.S. Gymnastics Team

"We cannot discuss progress toward gender equity or, for that matter, the dropping of men's sports, unless we discuss the financial situation (in athletics) today."

Christine Grant, former women's athletics director at the University of Iowa and associate professor in the department of leisure and sport studies at the school

"Title IX was once revered for the opportunity it has brought to women. It is now scorned for the denial of opportunities to men. It is up to this commission to advocate changes in the enforcement and regulations of Title IX that would eliminate the capping of (men's) teams and restore the public's trust in Title IX."

Bob Groseth, head coach of men's and women's swimming and diving at Northwestern University

"With 2.7 million high-school girls participating and less than 200,000 intercollegiate athletics opportunities, the idea that the 2.7 million wouldn't be interested in the 200,000 opportunities is preposterous on its face. And that's what courts have said."

Marcia Greenberger

"We don't seem to have any problem accepting the fact that women are more interested in dance (than men). But we can't suggest there might be a difference in interest in sports between males and females? Let's nurture that interest, but don't level down men's (interest).

Leo Kocher, head wrestling coach at the University of Chicago

"We need to be pursuing national legislation to eliminate excesses in men's basketball and football and still maintain men's (nonrevenue) sports. Here is the bottom line: Men have 58 percent of the participation opportunities and women have 42 percent. When it comes to scholarships, there are $133 million less for women every year (than for men). We need stronger enforcement of Title IX to be fair to our daughters and to our granddaughters."

Christine Grant

"The problem for universities is that in reality, the only way to comply with Title IX is substantial proportionality. The only way to be sure some plaintiff isn't going to serve you papers tomorrow is to be in compliance with proportionality."

Crista Leahy, attorney and author

"Statistically, the black female athlete ranks last in participation. We work to create as many opportunities for black female athletes as possible. Opportunities for those female athletes must continue to be enhanced and not threatened by the weakening of Title IX."

Theresa Check, athletics director, Central State University, an NAIA member and historically black college in Wilberforce, Ohio

"I challenge the commission to be fair to all the citizens in the United States. No one wants to kill (Title IX). But in what other area of this country would we say what we're saying when we enforce it? Would we say, 'There's not enough Blacks here, let's cut the Caucasians?' "

David Rodriques, a parent from Marietta, Georgia

"If you say you're for Title IX, but you're against all the regulations that support it, that's like saying you're for swimming but you're against swimming pools, oceans and ponds."

Al Feckto, an attorney in Georgia

"We want to be very clear that we completely embrace the original legislation and the regulations. We simply contest the three-point test. We don't dispute that women were being discriminated against 30 years ago. But now, there are more than 600 more teams for women (than there are for men).

Mike Moyer, executive director of the National Wrestling Coaches Association

"Title IX is not about depriving boys to force a female to dream. It's about what's right and what's fair. We are in compliance (at Georgia Tech) with Title IX, not because we dropped a sport but because our administrators worked on our budget. They've done it because it's right. They've done it because it's fair. And they've done it because it's deserved."

Agnus Berenato, women's basketball coach at Georgia Institute of Technology

"The logical conclusion to proportionality is quotas on every part of campus. No one is calling for the elimination of Title IX. But the practical application of Title IX has led to elimination of opportunities for men."

Christine Stolba, senior fellow with the Independent Women's Forum

"I come before you not to discuss the high-school softball team that I coach, nor to discuss the high-school girls' basketball team that I coach. I come before you to discuss my son. Title IX has helped him be who he is. He now has twice the role models. I am thankful that my son will grow up respecting the abilities of girls in sports."

Bill Bradley, Georgia high-school coach and parent

"I know what it's like to hunger for an opportunity, and it is improper enforcement (of Title IX) that's ripping away opportunities. Title IX should be labeled as both a blessing and a curse. Adherence to proportionality cannot be justified unless you can prove women's interest."

Matt Case, former wrestler at Northwestern University

"We have not yet come as far as we need to come. Should the law be changed or should the law merely be enforced? Why get into this debate? As a professor, a proponent of sport and a father, I believe Title IX is the scapegoat. Until college presidents take charge of their programs, we're going to suffer."

Page Remillard, athletics director at Agnes Scott College

"My sport was dropped my junior year. It was heart-breaking. When I found out, I was crying, just like I was five and had just got spanked. (Michigan State) put ads in the newspaper to recruit (female) rowers, but they cut 17 guys who devoted their lives and their bodies to sports and now they can't play anymore."

Jason Lewis, former gymnast at Michigan State University

"I find it somewhat sad that 30 years after Title IX, we're still talking about its implementation. The arms race is what really needs to be examined."

JoAnne Graf, softball coach at Florida State University

"Does anyone in the auditorium oppose Title IX? We're not opposed. We do want the opportunity for the minor sports. I'm glad President Bush and the Secretary of Education established this commission. The issue is opportunity. Title IX is fine as written, but it's in the implementation that it has gone wrong."

Pete Fritz, state representative for National High School Coaching Association in Georgia and a wrestling coach

Invited panelists appear before commission

The following individuals were chosen by Department of Education officials to testify before the commission in Atlanta. In addition, attorney and author Crista Leahy provided a historical overview of Title IX.

Panel One

Birch Bayh, former U.S. senator from Indiana, 1963-1981, and sponsor of the 1972 Title IX legislation

Beverly Ledbetter, general counsel for Brown University

Marcia Greenberger, co-president of the National Women's Law Center

Panel Two

Leo Kocher, head wrestling coach for the University of Chicago

Christine Grant, former women's athletics director at the University of Iowa and associate professor in the department of leisure and sport studies at the school

Steve Erber, athletics director at Muhlenberg College

Bob Groseth, head coach of men's and women's swimming at Northwestern University

Panel Three

Ron Galimore, national governing board for gymnastics, United States Olympic Committee

Judith Sweet, vice-president for championships and senior woman administrator, NCAA

Christine Stolba, senior fellow with the Independent Women's Forum

Panel Four

Grant Teaff, executive director of the American Football Coaches Association

Gary Phillips, assistant executive director, Georgia High School Association

Ron Mirikitani, head wrestling coach and professor of physical education, St. Louis Community College, Meramac Campus

Theresa Check, athletics director, Central State University, an NAIA member and historically black college in Wilberforce, Ohio


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