Title IX of the Education Amendments of 1972, one of the most
important and successful civil rights laws in U.S. history, may soon be
undermined by the Bush Administration's Commission on Opportunity in
Athletics.
Title IX bars sex discrimination in any educational program or
activity that receives federal funding, including athletics. The law
gave women access to classes, facilities and opportunities that had
historically been male-only.
While not at risk of being repealed, it is widely believed that the
Bush Administration established the Commission on Opportunity in
Athletics as a vehicle to push a pre-determined agenda to weaken Title
IX. The commission is to submit a written report to the U.S. Secretary
of Education Rod Page by February 28, 2003.
Prior to Title IX, if a woman wanted to pursue a professional degree
in college, she could be passed over for a law school or medical school
program simply because she was a woman. Since then, the 30-year-old law
has proven itself integral to women's rights. From the class rooms and
playing fields to the executive suites, Title IX has been a vital tool
in advancing equal opportunities for women and girls.
It is the college playing field where Title IX is now being
threatened. Some athletic directors and commentators mistakenly blame
the law for the elimination of some minor men's sports. To give women
the same athletic opportunities as men, say Title IX critics, schools
are forced to remove men's opportunities because of a lack of money to
support added teams. They claim that Title IX's equality standard
(commonly referred to as "proportionality"), which requires colleges to
demonstrate roughly the sameratio for male and female athletes as for
students enrolled at the school, results in discrimination against male
athletes.
Contrary to the rationale of those who would like to weaken Title
IX's equality standard, men's sports participation and funding have
continued to grow.
The real expenses starving minor men's sports of funding are the
disproportionate share of university athletic dollars spent on one or
two teams - football and men's basketball - and not spent to add new teams
for women or to support other men's sports. Title IX should not be the
scapegoat for irresponsible, nonprofit institutions of higher education
that operate their football and men's basketball programs like
professional franchises.
Attention should turn to college presidents and athletic directors
who fuel the growing arms races in football and men's basketball with
million dollar coaches and excessive expenditures. The fact that these
sports may bring in revenue (though some actually lose money) does not
justify their bloated budgets, which take funds away from other men's
sports as well as women's sports. Rather than sharing a little of what
the football and men's basketball programs spend, the remaining men's
and women's sports are forced to fight for the scraps, pitting the
deprived against the deprived.
Despite the gains women have made under Title IX, resources for
women's sports have never caught up to resources for men's sports at
most colleges and universities. Women's athletic programs continue to
lag behind men's programs by every measurable criterion, including
participation opportunities, athletic scholarships, operating budgets
and recruiting expenditures.
While 55 percent of our college populations are female, female
athletes still receive only 42 percent of all college athletic
participation opportunities,36 percent of sports operating expenditures,
32 percent of athlete recruitment spending, and 42 percent of athletic
scholarship money amounting to $133 million less than male athletes
receive in scholarships each year.
Why are women still second-class citizens in athletics despite a law
guaranteeing that we treat our daughters as well as our sons? Because
Title IX has never been adequately enforced. In fact, the federal agency
responsible for enforcing the law, the U.S. Department of Education's
Office for Civil Rights (OCR), has never initiated a single proceeding
to remove federal funds at any school or college that fails to comply.
Instead, OCR has served as a negotiator of settlements that are usually
less than what Title IX requires.
In order to obtain the legal rights for gender equity in athletics
guaranteed them under Title IX, women across the country have
successfully filed civil rights complaints and lawsuits against
institutions. But until women have the same opportunities as men to
enjoy the psychological, physiological and sociological benefits that
sports participation can provide, we must all insist on the preservation
and strengthened enforcement of Title IX.
If you'd like to help, visit the League of Fans website at
www.leagueoffans.org , where you will find contact information for the
key government offices and public officials involved in the Title IX
fight as well as the citizen organizations dedicated to the law's
protection and enforcement.
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