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Final Draft of polantigua's Policy Paper

Public Policy 1101
Policy Paper
April 19, 2005


Title IX has had a beneficial effect on high school and college athletics and should be continued


Title IX is the first federal law to prohibit discrimination by sex against students and employees of educational institutions. Title IX was created in an effort to create a more leveled playing field for both male and female students. As a result of this law, male and female students are required to receive equal treatment in the following areas: recruitment, admissions, educational programs, course offerings, counseling, financial aid, employment, facilities, health benefits, scholarships, sexual harassment, and athletics. Title IX of the Education Amendments of 1972 to the Civil Rights of 1964 states:
“No person in the United States shall, on the basis of sex, be excluded from the participation in, or denied
the benefits of, or be subjected to discrimination under any educational program or activity receiving federal
assistance.”

Title IX has had a beneficial effect on high school and college athletics and should be continued. This law provides benefits for both male and female students, provides a system through which female athletes are able to gain a fair distribution of overall athletic opportunity and resources, and provides for an environment through which the success and performance of the male athlete will not be harmed in the process of distributing athletic opportunity and resources.
Title IX provides benefits for both male and female athletes as both sexes are protected from harassment regardless of who is committing the harassing behavior. In a question and answer paper produced by The Secretary's Commission on Opportunity in Athletics, the question was raised as to whether or not Title IX benefited only females. The commission responded with the following, “Title IX also protects men and boys. A continued effort to prevent or stop discrimination on the basis of sex has benefited all students by moving toward the creation of school environments where all students may learn and achieve the highest standards.” The law may appear to only benefit the female athlete, but this is only because female athletes have traditionally on the receiving end of sexual discrimination, and have generally faced gender restrictions and barriers toward their education. The law provides for the equal protection of the male athlete should any situation arise where he feels that he is being discriminated against.
As defined by the NCAA Gender Equality Task Force in 1972,
“Gender equity is an atmosphere and a reality where fair distribution of overall athletic opportunity and
resources are proportionate to enrollment, are available to women and men and where no student athlete, coach
or athletic administrator is discriminated against in any way in the athletic program on the basis of
gender.”

Title IX provides an environment through which gender equity can be attained. This law provides the environment needed to increase the amount of opportunities and participation for females in athletics. Before Title IX was passed, females were drastically underrepresented in athletics and, and funding for females in sports was inadequate. Since Title IX came into effect on July 21, 1972, the number of high school girls involved in some sport has increased from 295,000 to over 2,400,000 in 1999. (Donnelly, Kilkelly, and Berman: “Title IX: Gender Equality in Sports”) In the same paper by Donnelly, Kilkelly, and Berman, it states that females who play sports are fifty percent less likely to develop breast cancer, eighty percent less likely to have unwanted pregnancies and ninety-two percent less likely to have drug problems. These statistics serve as evidence of the positive effects that increased female participation in sports. This increased opportunity and participation is brought about by Title IX.
Many have argued that Title IX, while providing more opportunities for females, has had a negative effect on the success of male athletes. Opposing views even suggest that men’s sports are being eliminated in order to enforce this law. Title IX is designed to create proportionality in athletic opportunity and quality of athletic experience. “It is a school’s choice to cut men’s programs in an effort to comply with the law or to meet budget constraints. Title IX is intended to ensure equality for both males and females.” There is no mandate under Title IX which requires a college to eliminate mane’s teams in order to comply with Title IX. The Women’s Sports Foundation provides a list of cost-saving and revenue-producing measure that can be used to reduce the likelihood of men’s teams being cut. These include, but are not limited to
•Increase revenues of men’s minor sports and women’s sports at the institutional and conference levels.
•Encourage college conference members and high school districts to adopt the same sports when expending
women’s programs.
•Establish conference-level presidential review requirements for the control of athletic administration
staffing and the construction and renovation of athletic facilities.
•Legislate, via the promulgation of NCAA rules, reductions in the amount of non-need-based athletic aid that
institutions may award in each sport.
•Increase NCAA scholarship limits for women’s sports in order to permit institutions to meet their compliance
obligations for scholarships without adding additional women’s sports teams.
While Title IX has begun the work of providing equity of opportunities and resources to athletes regardless of sex, it is imperative that Title IX is continued being enforced. Ninety percent of all television hours devoted to sports focus on men’s sports. Males still receive fifty percent in high schools and seventy-five percent in college of all athletic operating budgets and one hundred and seventy-nine million dollars more in college athletic scholarship each year. Women still have less that thirty-seven percent of all athletic participation opportunities, thirty-six percent of all scholarship dollars, thirty-six percent of sports budges and twenty-eight percent of recruiting budgets. (Donnelly, Kilkelly, and Berman) it is clearly not enough to know what Title IX states. We must realize that the future of our female athletes is at stake if we do not ensure that Title IX is enforced.

“Without Title IX, I’d be nowhere.” (Cheryl Miller, Olympic athlete)





References

i.Sadker, David Ed. D., American University, School of Education, “What is Title IX?” [web page] August 24, 2004; http://www.american.edu/sadker/titleix.htm

ii.U.S. Department of Justice, Civil Rights Division, “Title IX Legal Manual”[web page] January 2001; http://www.usdoj.gov/crt/cor/coord/titleixstat.htm

iii.U.S. Department of Education, Secretary’s Commission for Opportunity in Athletics, Open to All: Title IX at Thirty, Washington, D.C., 20202. February 28, 2003.

iv.Women’s Sports Foundation, “Department of Education Creates Huge Title IX Compliance Loophole: The Foundation Position” [web page] February 2005; http://www.womenssportsfoundation.org/cgi-bin/iowa/issues/rights/ articlehtml?record=1009

v.NCAA Gender Equality Task Force of 1972, “Frequently Asked Questions” [web page] http://www1.ncaa.org/membership/ed_outreach/gender_equity/faq.html


vi.Donnelly, Kara and Kilkelly, Sheila and Berman, Nicky, “TITLE IX: GENDER EQUALITY IN SPORTS” [web page] http://nhs.needham.k12.ma.us/cur/Baker_0 0/2002_p5/baker%20p5-7_sk_kd_nb_1-02/title_ix2.htm



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