Kansas in compliance

But there is still no men's swimming and diving team, much to the disappointment of Ron Neugent, an alum who filed a Title IX complaint in 2009 stating that male student-athletes were underrepresented based on the percentages of male and female undergraduates at the school.
Neugent argued that men were being discriminated against because they had proportionally fewer opportunities in athletics.
His goal was to get the university to add sports for men. But the university--agreeing that it would work on the situation but not admitting non-compliance--opted to achieve proportionality by looking more closely at team rosters and adding and subtracting roster spots.
And having done so, administrators recently filed paperwork stating that the school was in compliance.
Neugent, though, wanted Kansas to add, as mentioned, men's swimming and diving as well as men's tennis. But that seems like a lot of roster spots and KU was not grossly out of proportion. In 2007, two years before the complaint was filed, the university was told it had achieved substantial proportionality when it had a 1.8 percent gap. It seems that adding two men's teams would have required the addition of at least one women's team, which is always great--but expensive.
It also seems that Neugent was concerned not just with equity, but with his alma mater's position in a competition called the Director's Cup. The competition rewards a school for its success across 10 different men's and women's sports. Adding those two men's sports would help KU's standing in that competition.
But, as of now, KU has opted to closely monitor the numbers.

Alma College wrestling reborn

We've largely gotten away from correcting all the little mistakes, misinterpretations, and misrepresentations of Title IX that occur in the media.
But sometimes one of them just strikes that nerve and...
A story about the rebirth of intercollegiate wrestling at Alma College in Michigan says that the program was cut in 1984 "in large part because of Title IX." This bothers me for two--related--reasons. One, a majority of the wrestling community blames the enforcement of Title IX for its demise in the 80s. And two, Title IX was not being applied to athletic departments in 1984. The Grove City decision came down in 1984. No school is going to cut a program for Title IX reasons while a Supreme Court decision over whether it will have to or not is pending.
Wrestling advocates argue that wrestling is growing in popularity. And the numbers support this. But that does not mean it has retained a consistent level of popularity or support over the past 40 years. That some wrestling programs are being (re)introduced is indicative of the ways in which athletic programs change with the times. And this is a good thing.
The president and trustees of Alma College say that the time was right to reintroduce wrestling because of the benefits it will bring to the athletic department and the school as a whole.
They did a feasibility study. Which means they must have run the numbers I just did.
So Alma has a 105-member football team. (These are the latest numbers reported to the Department of Education.) This presents a certain amount of challenges especially when the student body is 58 percent female. They added 26 opportunities for men with wrestling. Fortunately they added 28 for women when bowling and lacrosse got put in place this year as well. So these new numbers added to the old numbers (in other words, this is approximate) look like this:
Fifty-nine percent of athletic opportunities at Alma go to male students. Prior to the addition of wrestling and women's lax and bowling this year men had 60 percent of the opportunities.
In other words, not much changed.
Alma remains in compliance under prong two. Still the implication that the wrong/discrimination men experienced when wrestling was cut in the 80s seems a little misplaced given that women then and now have fewer opportunities at Alma College.

Resolution Agreement Reached at Adrian College

An anonymous reader mailed me a copy of a Resolution Agreement between the Department of Education Office for Civil Rights, and Adrian College in Michigan. In 2008, we blogged about ongoing investigation into a complaint against the college stemming from among other things the college's failure to include a women's locker room in its newly constructed "Multi-Purpose Stadium." (see here and here). Apparently, the inequities between men and women's sports at Adrian College were significant, as the college has agreed to remedies in every area covered by Title IX's athletic regulations. Specifically, the college has agree to:

• Evaluate its intercollegiate athletics program "to identify one or ore women's sport team to add in the 2012-2013 academic year."
• Develop a written replacement schedule for equipment and supplies, including uniforms, which will ensure equity by gender.
• Increase the number of competitive events for softball and women's tennis.
• Ensure that women's softball is not the only team stuck with 6 am indoor practices, but that that burden is shared by men's teams as well.
• Ensure that the head coach for men's and women's track splits his time equally between the teams, and to hire an assistant coach for women's track.
• Improve hiring practices to attract more qualified coaches to the women's program, including by increasing compensation and other conditions of employment to make the job more attractive to qualified applicants.
• Construct a new locker room for women in the Multi-Purpose Stadium.
• Renovate existing women's locker rooms in other facilities.
  
• Renovate the women's softball facility to allow for night play, concessions, changing areas, and spectator viewing.
  
• Assign the same number of "equivalently qualified" medical and training staff to men's and women's games.
• Provide equivalent publicity ("e.g., media coverage, statistics maintenance, attendance at games, and other services") to men's and women's teams.
• Provide recruitment funds to men's and women's teams "in proportion to each gender's participation rate in the athletics program" and, as needed, to the women's program at a greater rate in order to make up for the "significant" underrepresentation of women in the athletics program.
• Adhere to various reporting and monitoring requirements with respect to these promises.

OCR will continue to monitor the agreement until it determines that the College has fulfilled its terms.

Franklin Pierce adds sports

Knowing the state of the economy, the fiscal state of higher education, and--having attended school in New Hampshire--the fiscal issues faced by NH schools, we were a little surprised to read that Franklin Pierce University has announced it is adding several sports.
No word on how these sports will be financed but it appears that the university has every intention of adding women's ice hockey (it already has a men's ice hockey team), men's and women's track and field, sprint football. It will also reinstate men's cross country (previously cut in 2003 for unstated reasons).
Interesting. Especially interesting is sprint football--which I had never heard of. Turns out it's the same as regular intercollegiate football. But all players have to weigh less than 172 pounds.
Reading further though it appears that the differences go beyond body weight. There is no pre-season. There will be no athletic scholarships. And the roster will be kept at 65 players. Also, FPU will not be investing right away in a stadium. Administrators are making arrangements with local schools over use of their facilities. In its inaugural season--scheduled for 2012--they will play a reduced schedule.
I really can't think of a more responsible plan to add football (regardless of how much the players weigh!).
Again, no word on where the funds for these additions will come from. FPU is a private school, but still...

Michigan adding lacrosse

Lest we think that all schools are in financial crises and being forced to cut sports...
University of Michigan has announced that it will be adding men's and women's lacrosse to its list of intercollegiate sports. Both teams are currently club sports at the school. Interestingly the men will be upgraded next year and the women will achieve varsity status in 2012. Not sure what the reasons are behind this timetable. Perhaps it has something to do with facilities. Still, I have not seen any explanation of why the men before the women. (And I would expect, if the plan were reversed, to be informed as to why.)
Michigan is planning on adding, but does not currently have, a dedicated lacrosse facility.
The school is banking on data that reveal lacrosse is one of the fastest growing sports in the country.
Michigan is currently complying with the accommodations of interest and abilities by adhering to prong one. Women comprise just under half of the undergraduate student body (49 percent) and receive roughly 47 percent of the athletic opportunities. I assume the size of the respective teams will be about equal and thus the numbers will not change much.

Competitive Cheer Efforts Profiled in NYT

Today's New York Times includes an article on the competing proposals to the NCAA to recognize some version of competitive cheer as an emerging sport for women. One was submitted by a consortium of six universities already sponsoring varsity-level cheer, which they call "Acrobatics and Tumbling," while the other, called "Stunt" has been put forth by USA Cheer, an organization that has affiliation and common leadership with Varsity Brands Inc., the company that runs well-known competitions primarily for sideline cheer squads. According to the article,

The two proposals being considered by the N.C.A.A. share many similarities: the competitions themselves are longer and more standardized than in the past, athletes now wear uniforms more akin to those of volleyball players, and they no longer rally the crowd for another team.

However, they differ in other ways, like how to score the events and how many competitions to stage in any given season. The proposal being advanced by the handful of universities calls the new sport acrobatics and tumbling and uses a scoring system similar to that of gymnastics, with points based on degree of difficulty. The format backed by USA Cheer is called stunt and has a head-to-head format, with the competition divided into quarters.

One important distinction is the size of the teams. The proposal for acrobatics and tumbling, which was submitted to the N.C.A.A. late last year, imagines that an average squad size will number from 32 to 36 athletes, with a maximum of 12 scholarships. The proposal for stunt, which was sent in on Wednesday, envisions a squad of 20 to 30, with a maximum of 24 scholarships.

The article also addressed the potential Title IX implications of the NCAA's potential decision to award one or the other versions of competitive cheer emerging sport status. Athletic department administrators will now have another possibility to choose from in adding sports for women and to promote their institution's Title IX compliance by either satiating unmet interests and abilities or closing the disparity between athletic opportunities for men and women.

On the issue of competitive cheer's relationship to Title IX, reporter Katie Thomas admirably conveyed the position of mainstream women's sports advocates, which is that as long as competitive cheer is truly operating as a sport, with the same level of support, the same opportunities for varsity-level competition as any other sport, it ought to be considered a sport. This position is too nuanced for many reporters who seem to delight in setting up women's sports advocates the nemeses of competitive cheer, so I was pleased that this article conveyed a difference between being against competitive cheer, and being against/concerned about athletic departments using competitive cheer to avoid having to address existing disparities in traditional sports.

Montana Adds Softball

A while ago, we mentioned University of Montana's plans to add women's softball. By way of update, here it's reported that the Regents have approved a plan to raise the student athletic fee (by $12.50 per year) thereby confirming the funding source for Montana's softball initiative. Student government also approved the fee increase, though leaders expressed reservation that the money be earmarked for Title IX compliance.

Adding softball was the right thing to do. Women make up 51.7% of the undergraduate population at Montana, but receive only 42.7% of the athletic opportunities, in a total of 6 sports. By my calculation, Montana would have to add 76 athletic opportunities for women to achieve proportionality. Softball is a start. It certainly improving their chances of demonstrating compliance with prong 3 in the meanwhile, as the decision satisfies to demonstrated unmet interested and ability.

West of the Mississippi...

Teams are being added and dropped, and schools are conference hopping.
Not sure if it's the conference hopping that is encouraging institutions to the get their houses in order in terms of Title IX compliance, but it is certainly having that effect.
The University of Montana has slightly-more-than tentative plans to add women's softball to their roster of intercollegiate sports. The state of Montana has no DI softball, which isn't especially surprising given the limitations the weather puts on spring sports, but recent survey data show that softball is the sport undergraduate women would like to see added. Though Montana administrators maintain that they didn't think they "were close to being out of compliance" they knew that they couldn't keep administering the annual interest survey and not do anything. (Not sure why they held that belief in the first place. Simply collecting data does not make one compliant.) Not sure if the NCAA held similar beliefs about Montana's compliance. In the university's last reaccreditation administrators were apparently told that adding another women's sport would be "the right thing to do." Montana is able, it seems, to read between the lines. And its plans to move to the Big Sky Conference likely pushed forward the plan for softball. The Big Sky needs one more softball-playing school in order to hold a conference tournament. But softball is still a ways off, at least three years according to the athletic director. The program is estimated to cost about half a million dollars annually so funds need to be raised, a coach hired, and players recruited.
A different conference hop is forcing another school to do the drop/add shuffle. University of Nebraska-Omaha, a DII school (except for men's hockey), is making the move to DI. It has been invited to the Summit League and given the NCAA's lifting of the ban on division hopping that will happen in June, and that conferences hold the power to invite, UNO has decided to make the leap, something they apparently have been considering for a while now. Not knowing when another such opportunity will come along, the university is making sure everything is in order for the 2012 move.
But unfortunately football and wrestling will not be coming along. The university cited the immense costs of football and the inability to bring wrestling up to DI levels without a large amount of cash as the reason for the cuts. Good news though for a couple of the so-called men's minor sports: UNO will be adding men's golf and soccer.

No sand v-ball in San Diego

Bucking national trends that show further increases in the number of women attending college, San Diego State University has seen its numbers of enrolled female undergraduates drop in the past few years. The decrease (to just under 57 percent of the total enrolled undergraduates) means SDSU's plans to add two women's sports have changed. The university planned to add women's lacrosse and sand volleyball in order to decrease the gap in scholarship dollars between male and female athletes (based on the percentage of undergraduate enrollment). Like all CSU institutions, SDSU must remain in compliance with the 1993 Cal-NOW settlement that requires equitable distribution of scholarship dollars (or grants-in-aid) within 5 percentage points.
But with the decrease in women attending the university*, plans for the addition of sand volleyball have been shelved. The athletic department believes it can close the gap by adding only women's lacrosse. A coach has already been hired.


* Might be a good time to remember the investigation into the allegations that some colleges are discriminating against female applicants in an attempt to keep their undergraduate population even(ish).

NYT Editorial on Cal Berkeley

There's a good editorial in yesterday's New York Times about Cal-Berkeley's decision to reinstate three of the five athletic teams that had earlier been slated for termination. Addressing the argument that it was unfair of Cal not to also throw a lifeline to two men's teams, baseball and gymnastics, the Editors point out that women were, are, and will remain severely underrepresented in Cal athletics, even with two of their teams reinstated. They they go on to make the following point:

Restoring the women’s teams won’t eliminate the sports gender gap at Berkeley or expand opportunities for women. But it does show that they are trying to meet women’s interests and abilities. The benefits to young women from playing sports are well documented, in their health, psychological outlook, educational performance and future employment. Female athletes also say that sports give them a wonderful opportunity to test themselves.

When money is tight, the struggle to close the gap in athletic opportunity is even tougher. Thanks to Title IX, if something has to give, equality doesn’t go first.

Well said.

Cal Berkeley Could Restore Women's Teams

Perhaps some folks at University of California--Berkeley read our questions about the Title IX compliance problems posed by the university's decision to cut two women's teams (gymnastics and lacrosse) four months ago. As we explained in that earlier post, the decision to terminate women's teams seemed a likely violation, as women were and remained underrepresented in athletics, even factoring in the men's teams also cut. The New York Times reported this week that Cal is apparently considering reinstating some of all five teams that were cut last fall, though the athletic director, Sandy Barbour, explains that the reconsideration was motivated by the outcry by the teams' supporters, as well as pledges of financial support. She denies that this has anything to do with Title IX, though I have to believe they are reading the writing on the wall and acknowledging the fact that the cuts backed them into a corner of having to achieve proportionality. Cal is so far from proportionality, that they would have to add 50 women's opportunities and cut 80 men's opportunities, according to the Times article.

But I'm not so sure that Cal can simply unring this bell by undoing last fall's decision. After all, they weren't any closer to proportionality back then. And even restoring women's gymnastics and lacrosse, it is still far from certain that it is achieving compliance by the alternative method of demonstrating no unmet interest in women's athletics. As the Times article notes, the athletic department denied a request to elevate the women's rugby team to varsity status. If those disappointed athletes sue or complain, they would have a strong case that could produce an obligation on Cal to add them, or come into compliance some other way. Cal's decision to cut teams brought the university into a compliance spotlight, and that spotlight will be very hard to shake.

Penn State elevates hockey

Both the men's and women's club ice hockey teams at Penn State will be elevated to varsity status. The announcement, which will likely contain the time table for the move, will come later this morning.
The teams are the beneficiaries of very generous Penn State alum Terrence Pegula who is giving $90 million to the university in order to make things happen, including the construction of an arena.
No official word on which conference the men's team will play in. (Big Ten doesn't have a hockey league though some are speculating that this addition will push them to add one and perhaps expand men's ice hockey in the midwest.) And not even a mention that the women will also need to join a league. (Ahem, ESPN.)

Qunnipiac Adds Rugby and Golf

The AP is reporting that Quinnipiac University filed its court-mandated Title IX compliance plan in federal court, in which it announced its decision to keep women's volleyball through 2011-12, s well as to add golf and rugby in order to balance women's athletic opportunities with men's. Quinnipiac will also retain its competitive cheer team -- renamed "stunts and tumbling" -- even though these opportunities do not (yet) count towards the university's Title IX compliance under the district court's recent ruling.

Qunnipiac's choice to add rugby is an interesting one. The NCAA designated rugby an "emerging sport" in 2002, as part of its initiative to support colleges' efforts to add athletic opportunities for women. The emerging sport designation means that sport will obtain national championship if 40 schools (across all three divisions) add the sport by 2012. In the meanwhile, opportunities added in that sport count toward NCAA requirements, as well as enjoy the presumption of counting as a varsity opportunity for Title IX purposes. Emerging sport status has successfully launched women's championships in sports like ice hockey and rowing, but rugby may not be following the same path. Though there is a widespread interest in rugby among female students, there is less interest from within the sport, which has a strong tradition of independence, to submit to institutional control. As a result, rugby has made slow progress towards the "4o by 2012" benchmark. By my count, Quinnipiac is only the sixth school overall, and the second in Division I, to add rugby as a varsity sport. If rugby loses its emerging sport status in 2012, Quinnipiac could potentially have two women's teams (stunts & tumbling and rugby) that do not count for Title IX purposes. We can only guess what effect this would have on the university's overall compliance strategy.

UNF adds women's golf

Remember when University of North Florida announced it was cutting its women's swimming and diving team? And then it fairly quickly reinstated the team? Yeah, I had to look it up, too.
Well it looks like UNF is going even further and adding women's golf to its list of intercollegiate sports. The team will begin competition in 2012.
No mention at all of the previous flirtation with cuts. The addition of golf makes sense when considering conference affiliation. Every other Sun Conference school fields a women's golf team.
The addition of this team brings UNF's total teams to 18. Again, no word on whether this addition is a precursor to cuts in the future. When UNF made its original announcement conference affiliation was one of the reasons for the cut.

Cuts to Men's Teams and the Shark Attack Phenomenon

This article about the Quinnipiac trial contained the following quote from the coach of the former men's track team, which was cut along with volleyball:

The unfortunate reality of Title IX in this day and age is that university’s choose to eliminate men’s programs rather than add women’s programs. From the late 70’s to the mid 90’s, Title IX created tremendous opportunities for women and I am very thankful for that. Ever since the mid 90’s, however, far more men’s programs have been eliminated in the name of Title IX than have been created for women.

Both sides of this claim, that Title IX promotes cuts to men, rather than gains for women, are belied by the most recent government study of college athletic participation trends, which was published in 2007 and relies on data through the 2004-2005 school year. According to this report, both men's and women's sports have seen net gain in the number of teams since the 1990s. Specifically, the number of men's teams in the entire NCAA membership rose from 6710 to 7845 between the 1991-92 school year and the 2004-2005 school year. The number of men's teams also increased from 5820 to 6010 in a 750-school sample of schools that were NCAA members throughout that time period (to account for any changes that might be due to schools joining or dropping out of the NCAA). And the number of women's teams also rose during this time (5941 to 8550), which also undermines the idea that Title IX only promotes cuts to men, rather than gains for women.

Of course, Title IX doesn't say anything about number of teams, just number of participation opportunities. Those are on the rise for men (179,834 to 217,123) as well as women (93,959 to 153,347).

What accounts for quotes like this one, which are repeated all-too-frequently? I think it's the shark-attack phenomenon. Schools' decisions add men's teams (like people swimming safely in shark-free waters) do not attract the same kind of media attention, so when there is a story about cutting teams, it creates the impression that it is a much more dominant trend than it actually is.

Softball Added at Weatherford College

A year-and-half ago, OCR launched an "inquiry" into Title IX compliance at Weatherford College in Texas, in response to gross disparity in athletic opportunities for male and female students. The inquiry produced an agreement that obligated the college to add sport if a survey of the female student body revealed sufficient interest. Last week, the college Trustees approved plans to address this disparity by adding a women's softball team, though it does not seem to be a survey that motivated the decision. According to the Athletic Director, Steven Garippa, softball was chosen because "the softball demographic in our area is phenomenal" and other factors such as "the availability and cost of facilities, the competition that is available immediately, the number of participants that can be involved and the interest in our service area" made softball the right choice. There is no mention of whether a survey was or will still be administered pursuant to the agreement. Perhaps the Trustees did not need a survey to reveal what it already knew about unmet interest in women's softball, and hopes that by adding the program now, any future surveys will demonstrate that women's interest is being met.

St. Rose adds lacrosse

Bucking the cutting trend, the College of St. Rose has announced it will add lacrosse for the 2010-11 season. Men's lacrosse. They are building a turf field as part of a general improvement of facilities project and need a team to put on it. Apparently adding lacrosse has always been on the agenda. The DII school in Albany, New York is taking it slowly offering only 3 or 4 scholarships in the first year and not hiring a full-time coach until the second season.
No plans, however, to add a women's team. The school's president has said it will add spots to existing women's teams to remain (?) Title IX compliant.
An initial look at the school's offering, especially the lack of a football team, makes one think this solution is quite plausible. But it turns out women greatly outnumber men at the school who comprise less than 30 percent of the undergraduate population. But the athletic opportunities are split 50/50. Lacrosse is going to exacerbate that situation. St. Rose is going to have to add many, many roster spots to existing women's teams to close the gap.

Lax growing in popularity

Hilbert College in New York will be adding men's and women's lacrosse next year, reflecting a trend--a couple actually. First lacrosse is at or near the top of the list of fastest-growing sports at both the high school and collegiate level and for both men and women. Second, even in the lousy economy, DIII schools are adding sports. It's smart move for a school that does not offer scholarships and is looking to draw more (tuition-paying) students. Lacrosse has historically been an eastern US sport and I am sure Hilbert will not have to recruit very far at all to put together competitive teams.

Softball for Weatherford?

New trustees are in place at Weatherford College in Texas and all are going forth with the agreement with OCR that states that the college will survey students and add a women's team if results deem it necessary. This article, though not stating if and when a survey will occur, does mention that on the agenda for an upcoming trustees' meeting is the addition of women's softball.
Some say that Weatherford was always planning on moving toward compliance even before the women's basketball coach filed a complaint with OCR. And some welcome the opportunity to prove their commitment to gender equity.

Valparaiso to add two sports

Some schools taketh away and some schools giveth.
Pepperdine cuts two sports; Valparaiso adds three sports.
Not a lot of information here. Driven by student interest, the school has decided to add men's and women's golf and women's bowling.