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Equal Opportunities In Athletics. David Ryan Phelps, Jenkins, Gibson & Fowler. 20 U.S.C.A. §1981. - PowerPoint PPT Presentation

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Title IX & High School Athletics

David RyanPhelps, Jenkins, Gibson & FowlerEqual Opportunities In Athletics20 U.S.C.A. 1981

No person in the United States shall on the basis of sex, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Overall Determination of ComplianceWhether policies are discriminatory in language or effect; orWhether disparities of a substantial and unjustified nature in the benefits, treatment, services, or opportunities afforded male and female athletes exist in the institutions program as a whole; orWhether disparities in individual segments of the program with respect to benefits, treatment, services or opportunities are substantial enough in and of themselves to deny equality of athletic opportunity.Compliance TestEducational institutions must comply with the requirements of Title IX in all areas of athletic participation and treatment.ParticipationThree prong effective accommodation test:Substantial proportionality History & continuing practice of program expansion Full & effective accommodation of athletic interests and abilities

Substantial ProportionalityAre participation opportunities for male and female students provided in numbers substantially proportionate to their enrollment percentages?History/Continuing Expansion of ProgramsA history and continuing practice of program expansion which is demonstrably responsive to the developing interests and abilities of the members of the underrepresented sexFull and Effective Accommodation of Athletic Interests/AbilitiesAre the interests and abilities of the underrepresented sex fully and effectively accommodated by the present program?Equitable Treatment of AthletesProvision of uniforms, equipment, storage and supplies;Scheduling of games and practice times;Travel and per diem allowances;Opportunity to receive coaching and academic tutoring;Assignment and compensation of coaches and tutors;Provision of locker rooms, practice and competitive facilities;Provision of medical and training facilities and related services;Publicity

Uniforms, Equipment, Storage and SuppliesQualityAmountSuitabilityMaintenance and replacementAvailability

SchedulingNumber of competitive events per sportNumber and length of practice opportunitiesTime of day competitive events are scheduledTime of day practice opportunities are scheduledPre-season/Post-season competitive opportunities

Travel and Per Diem AllowanceModes of TransportationHousing furnished during travelLength of stay before and after competitive eventsPer diem allowancesDining arrangements

Opportunity to Receive Coaching (Tutoring)Relative availability of full time coachesRelative availability of part time/assistant coaches

Assignment and Compensation of CoachesExperience, training and other professional qualifications;Professional standing;Rate of compensation (per sport, per season);Duration of contracts;Conditions relating to contract renewal;Nature of coaching duties performed;Working conditions;Other terms and conditions of employmentLocker Rooms, Practice & Competitive FacilitiesQuality and availability of facilities provided for practice or competitive eventsExclusivity of useAvailability of locker roomsQuality of locker roomsMaintenancePreparation of facilities for competitive eventsMedical and Training FacilitiesAvailability of medical personnel and assistanceHealth, accident and injury insuranceWeight training facilitiesConditioning facilitiesAthletic trainers

PublicitySports information personnelAccess to other publicity resourcesQuantity and quality of publications and other promotional devices

Equitable in EffectProgram is in compliance if the compared program components are equal in effect. Identical benefits, opportunities and treatment are not required provided the overall effects of any differences are negligible. Consider the entirety of treatment of mens and womens programs as a whole.Equitable in effectTitle IX does not require that budgets for sports be equal for each gender. Schools may take into account the difference in outfitting athletes in equipment that is of comparable quality. The cost of outfitting a football player versus the cost of outfitting a volleyball player, for example.Equitable in effectSchools are allowed to favor one sport over another, provided a gender bias does not exist and that the overall quality of opportunities is equal for boys and girls. For example, the LEA can provide superior facilities for baseball in comparison to softball, provided this gap is balanced elsewhere in the program, such as superior equipment/facilities for volleyball.Booster Clubs and Private DonationsRevenue from all sources must be used to provide equitable treatment of boys and girls athletic programs

Money raised by boosters, contributed by parents or local sponsors is treated as if it were public money appropriated by the school district for Title IX purposes. It is the responsibility of the district to ensure that outside financing does not tip the balance, making the athletic experience inequitable for girls or boys.Booster Clubs and Private DonationsWhen inequity results from gifts given along gender lines it is the responsibility of the district to correct the inequity by allocation of their own resources.Consequences of Non-complianceLoss of federal fundingInjunctive reliefMonetary damagesPunitive damages for willful noncomplianceAttorneys feesPlan of ActionReview/update policiesSelf evaluate programsDevelop plan to remedy any inequalitiesAppoint Title IX coordinatorControl Booster ClubsControl of Booster ClubsDissolve sport-specific booster clubsPair booster clubs by sportProvide guidance/training concerning fundraising techniques for the underrepresented genderAllocate all public funds to underrepresented genderControl booster club spending and allocate to create gender equityReject donations outrightEqual Opportunities for Disabled StudentsSection 504 of the Rehabilitation ActRequires school districts to provide a qualified student with a disability an opportunity to benefit from the school districts program equal to that of students without disabilities

OCRs 1/25/13 Dear Colleague LetterProvides guidance on compliance with section 504:Do not act on generalizations and stereotypes about a disability generally or about the capabilities of students with that disabilityProvide reasonable modifications, aides and services if those do not fundamentally alter the program or provide an unfair advantage (may still require a level of skill or ability to participate)Provide separate opportunities as needed/ work with community to provide alternativesConcerns Expressed by National School Boards AssociationPossible expansion of OCR authorityConfusing blend of enforcement standards (FAPE v. equal opportunity to participate)Whether it simply provides guidance (as stated by OCRs spokesperson) or adds additional law and enforcement standards

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