The first component of Title IX is effective accommodation of athletics interests and abilities.

The three-pronged test provides three alternative means of compliance with the participation opportunities requirement of Title IX. An institution subject to Title IX need satisfy only one of these in order to comply.

1. A school may provide athletic participation opportunities for female students which are substantially proportional to the female percentage of enrollment at the school.

The first prong of the three alternatives requires only "substantial proportionality," not strict proportionality. The law recognized that strict proportionality is not feasible standard by which to measure adequacy of participation opportunities. However, neither the regulations, the OCR nor any court has defined a clear rule setting a definitive percentage.

Transparency on how to calculate (S-A - 4)

-OR-

2. A school may demonstrate a history and continuing practice of expanding its sports offerings for women in the recent past.

Even if a school is unable to establish substantial proportionality, it will be considered in compliance with Title IX if it can demonstrate a history and continuing practice of expanding its sports offerings for women. The factors considered in making this determination are:

A school’s recent history and continuing practice of adding women’s teams;

A school’s recent history and continuing practice of upgrading teams to varsity

status;

A school’s recent history and continuing practice of affirmatively responding to

requests for adding or upgrading teams; and

A school’s recent history and continuing practice of monitoring developing

interests of women by conducting surveys (see Attachment C).

(Transparency S-A - 5)

The OCR generally considers an athletic participant to be someone on a team as of the first date of competition. Unfilled roster spots do not count as athletic participants. The OCR also generally holds that an athlete who competes for more than one team should be counted for every team on which he or she competes. However, this issue is subject to some debate and disagreement.

The school must also consider what is considered to be a sport for Title IX purposes. Despite strong logical arguments to be contrary, current OCR policy is that cheerleading, dance line pom squads and drill teams are not considered to be sports. Likewise, equipment managers, student athletic trainers, scorekeepers and timekeeper are not counted as participants.

The budgets provided for male and female sports do not have to be equal. The key to allocating financial resources under Title IX is the overall impact of expenditures. However, budgets can indicate where there might be a problem, especially in areas where things do cost the same. Budget levels are especially important where the dollar limits set by the school cause unequal services.

If the men’s athletic program receives greater benefits than the women’s, the institution has three choices to comply with the mandates of Title IX. It may:

increase the benefits for the women;

decrease the benefits for the men; or

some of both

Do women have access to the weight room or other training facilities.

E. Coaching. Years of Experience, Quality, Compensation and Assignment of Coaches.

Some questions to consider:

1. What are the relative number of coaches between same sport teams.

2. How many years of experience does the coach have and how

successful have they been?

3. What is their educational background?

4. What is the rate of compensation for same sport coaches.

By Ellen J. Vargyas

National Women’s Law Center

1616 P Street, NW

Suite 100

Washington, DC 20036

Women’s Sports Foundation

Eisenhower Park

East Meadow, NY 11554

800/227-3988

6201 College Boulevard

Overland Park, KS 66211-2422

913/339-1906

A Newsletter from the Women’s Sports Foundation

Eisenhower Park

East Meadow, NY 11554

800/227-3988

55 Chapel Street, Suite 276

Newton, MA 02158

800/225-3088 617/969-7100

1934 Monroe Street

Madison, WI 53711-2027

608/251-3232

2025 Pearl Street

Boulder, CO 80302

Eisenhower Park

East Meadow, NY 11554

800/227-3988

By: Lee E. Green, J.D.

Gender Equity in Athletics, Minnesota State HS League 612/560-2262

Pupil Nondiscrimination Guidelines for Athletics, Wisconsin Department of Education,

608/266-3390

Superintendent’s Task Force on Gender Equity in Athletics, Montgomery County Public Schools, Rockville, MD 20850

1 Massachusetts Avenue, NW, Suite 700

Washington, DC 20001-1431

202/408-5505

Jane Betts, Executive Director

40 Wagonwheel Road

Sudbury, MA 01776

508/443-3895

Mary Alice Hill, Executive Director

1900 Association Drive

Reston, VA 22091

703/467-3450

PO Box 20626

Kansas City, MO 64195

816/464-5400

1000 16th Street, #700

Washington, DC 20036

202/331-0066

600 Independence Avenue SW

Washington, DC 20202-1100

202/205-5413 800/421-3481

202/205-9862 (Fax)

College Sports Information Directors of America

Bill Smith, Chair, Assistant Athletic Director

University of Arkansas

Fayetteville, AR 72701

501/575-6533

1616 P Street, NW

Washington, DC 20036

202/328-5160

119 S. Main Street, Suite 330

Seattle, WA 98104

99 Hudson Street

New York, NY 10013

212/925-6635

U.S. Dept. of Education

3535 Market Street, Room 6300, 03-2010

Philadelphia, PA 19104-3326

215/656-8541 215/656-8605 (Fax)

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