The Department of Education has announced that it will not conduct investigations into the complaints filed against 60 school districts in June.
No reasons for this decision appear in any news report available at this time. My understanding, however, is that OCR dropped the complaints because they did not contain evidence to support allegations that the districts were violating all three prongs of the three-part test, as is required for a Title IX violation to occur. Specifically, OCR required more evidence to support allegations that the districts were in violation of the third prong, which measures whether school districts have satisfied all unmet interest of the underrepresented sex. Generally, the complaint based allegations of unmet interest on the fact that districts offered fewer girls' sports than are sanctioned by the Oregon State Activities Association.
Under normal circumstances, I think that basing a prong three allegation on evidence that schools don't offer girls' sports that are popular in the state, as evidenced by their recognition by the state athletic association, is a viable one. Remember, the complainant isn't required to prove that a violation exists -- that's OCR's job -- just give the agency a reasonable basis for conducting an investigation. Moreover, the Oregon complainant isn't the first to rely on state athletic association's list of sanctioned sports to support allegations of prong three violations; the National Women's Law Center did so when it filed 12 complaints against schools across the country earlier this year, and those complaints have not been dismissed. Perhaps when faced with the prospect of a single regional office having to investigate 100 schools at once, OCR is requiring more of complainants than it ordinary would?
Showing posts with label Oregon. Show all posts
Showing posts with label Oregon. Show all posts
Wednesday, October 5, 2011
Tuesday, June 28, 2011
100 Oregon high schools cited
Sixty school districts in Oregon were named in a recent complaint filed with the Office of Civil Rights. Over 100 high schools have been cited as not providing an equitable number of sport opportunities for girls.
This is a huge complaint--in both senses of the word! In what appears to be a significant amount of research and data collection, the complaint (just under 600 pages) lists the proportionality numbers for the 100 schools and ranks them accordingly. I was actually surprised at the numbers available. High schools are not required, by federal law, to report such data. But it seems that Oregon's high school activities association keeps track of such things. Makes it much easier than visiting every school asking for their records! Though it should be noted that the most recent data available was from 2006. I still think that OCR will at least look at the schools that seems to have the most egregious disparities.
It seems that opportunities is the only program area the complaint is focusing on. But if the complaint triggers an investigation (or many, many investigations), other areas will also be investigated.
Currently unknown is who is reponsible for this mssive undertaking, which was filed in April. Kudos to that person(s)--I certainly hope it is indeed persons. They appear to have done a lot of OCR's work for them already with the seemingly comprehensive report. I hope that OCR does indeed investigate these schools. I worry about their ability to do so. It seems as if so many complaints are emerging--large-scale complaints. I wonder if they are equipped (staff, budgets, etc.) to deal with it all.
The usual "surprise" being expressed by various school administrators who will certainly cooperate but are sure they are in compliance.
What has interested me about these large-scale complaints (I am thinking also about the 12 complaints filed by NWLC last fall) is that they focus on expanding opportunities for high school girls. This mirrors the push by women's sports advocates in the 70s, after the passage of Title IX, to focus on the expansion of intercollegiate opportunities. More and more attention is being paid to disparities in other programs areas (like facilities and uniforms for example). But the focus on high school opportunities is almost like a (near) 40-year trickle down effect. I hope that it both continues and creates a more widespread awareness of the need for mandatory nationwide data collection at the high school level.
This is a huge complaint--in both senses of the word! In what appears to be a significant amount of research and data collection, the complaint (just under 600 pages) lists the proportionality numbers for the 100 schools and ranks them accordingly. I was actually surprised at the numbers available. High schools are not required, by federal law, to report such data. But it seems that Oregon's high school activities association keeps track of such things. Makes it much easier than visiting every school asking for their records! Though it should be noted that the most recent data available was from 2006. I still think that OCR will at least look at the schools that seems to have the most egregious disparities.
It seems that opportunities is the only program area the complaint is focusing on. But if the complaint triggers an investigation (or many, many investigations), other areas will also be investigated.
Currently unknown is who is reponsible for this mssive undertaking, which was filed in April. Kudos to that person(s)--I certainly hope it is indeed persons. They appear to have done a lot of OCR's work for them already with the seemingly comprehensive report. I hope that OCR does indeed investigate these schools. I worry about their ability to do so. It seems as if so many complaints are emerging--large-scale complaints. I wonder if they are equipped (staff, budgets, etc.) to deal with it all.
The usual "surprise" being expressed by various school administrators who will certainly cooperate but are sure they are in compliance.
What has interested me about these large-scale complaints (I am thinking also about the 12 complaints filed by NWLC last fall) is that they focus on expanding opportunities for high school girls. This mirrors the push by women's sports advocates in the 70s, after the passage of Title IX, to focus on the expansion of intercollegiate opportunities. More and more attention is being paid to disparities in other programs areas (like facilities and uniforms for example). But the focus on high school opportunities is almost like a (near) 40-year trickle down effect. I hope that it both continues and creates a more widespread awareness of the need for mandatory nationwide data collection at the high school level.
Friday, January 8, 2010
Complaint against Lebanon temporarily suspended
A complaint brought anonymously against Lebanon High School in Oregon has been suspended for now while the school collects data on gender equity in its athletics department.
At issue in the original complaint filed in November 2009 was the facilities and benefits received by the baseball team versus the softball team. Part of the disparity is allegedly due to fundraising that occurs on behalf of the baseball team which, as many of us know, does not absolve a school from providing an equitable experience.
A self-assessment, though, will look at more than just baseball versus softball. It will be--hopefully--a comprehensive examination of the school's athletic department and the experiences and opportunities it provides to its student athletes.
1/11 Update: Here is a link to an article that gives the timeline and steps OCR is requiring of Lebanon in order to drop the complaint.
At issue in the original complaint filed in November 2009 was the facilities and benefits received by the baseball team versus the softball team. Part of the disparity is allegedly due to fundraising that occurs on behalf of the baseball team which, as many of us know, does not absolve a school from providing an equitable experience.
A self-assessment, though, will look at more than just baseball versus softball. It will be--hopefully--a comprehensive examination of the school's athletic department and the experiences and opportunities it provides to its student athletes.
1/11 Update: Here is a link to an article that gives the timeline and steps OCR is requiring of Lebanon in order to drop the complaint.
Tuesday, December 1, 2009
Fundraising at Issue in Complaint Against Oregon School District
The Office for Civil Rights is currently investigating an anonymous complaint against the Lebanon (Oregon) Community School District for sex discrimination in its athletics program. District officials told the local press that the complaint addresses the fact that the softball team does not have an all-weather batting facility like the baseball team, and that the boys' baseball team, but not the softball team, travels to Arizona for spring break. The district also stated that the baseball team "built its own batting cage" and "raised money on their own to take the trip" -- suggesting that it might be considering this a defense to Title IX liability. However, the source of funding will not likely absolve the district of obligations to provide equitable resources to girls and boys. Unless the trips or the facilities are entirely private and not part of the school athletics program (i.e., it just happens to be the case that the 2o guys on the same flight to Phoenix happen to also play for Lebanon High) then any funds raised by "the team" (read: the team's booster club) is considered a donation to the school. And while schools can accept donations and even use them for earmarked purposes, opportunities and resources still have to be equal. The school can either use other funds for equivalent perks for girls, or else decline the earmarked donation.
This seemingly harsh result is put in context by the fact that the baseball team can successfully raise funds because it is privileged to enjoy the support of parents and the community. Title IX does not require parents and communities to embrace girls' sports and help the softball team raise funds. But it does require that schools receiving federal funds do not reflect society's disparate preferences.
This seemingly harsh result is put in context by the fact that the baseball team can successfully raise funds because it is privileged to enjoy the support of parents and the community. Title IX does not require parents and communities to embrace girls' sports and help the softball team raise funds. But it does require that schools receiving federal funds do not reflect society's disparate preferences.
Thursday, January 15, 2009
Lake Oswego HS Title IX Complaint Resolved
In response to a student complaint filed with OCR over the summer (which we blogged about here), Lake Oswego High School (Oregon) has agreed to make its deluxe video screening room accessible to girls' teams. Previously, the room -- outfitted with a flat screen TV and comfy couches -- was mainly used by the football team. School officials claim that they "have never said that one group can not access this room" but since the room could only be reached through the boys' locker room, such protests seem hollow.
Fortunately, a solution lies in architecture. The high school has agreed to make the deluxe viewing room accessible from outside the locker room. They have also agreed to upgrade a second, existing viewing room to make it comparable to the football team's.
While it's nice to see an OCR complaint effectively resolved, it still kind of blows my mind that female students had to actually file a complaint to get the school to respond to such an obvious inequity. Going forward perhaps LOHS and its peers will do a better job ensuring equal access to athletic facilities and in responding to students' valid complaints.
Fortunately, a solution lies in architecture. The high school has agreed to make the deluxe viewing room accessible from outside the locker room. They have also agreed to upgrade a second, existing viewing room to make it comparable to the football team's.
While it's nice to see an OCR complaint effectively resolved, it still kind of blows my mind that female students had to actually file a complaint to get the school to respond to such an obvious inequity. Going forward perhaps LOHS and its peers will do a better job ensuring equal access to athletic facilities and in responding to students' valid complaints.
Wednesday, July 9, 2008
No reinstatement for Oregon wrestling
A judge in Marian County, Oregon denied the request by the University of Oregon men's wrestling team to reinstate the program until the team goes before a court in September to state its case (which is being presented by Equity in Athletics Oregon).
When the judge issued his ruling against an injunction to reinstate the program, he noted that it was largely due to the time between when the announcement of the cut was made and when the team filed its request: about a year. But, he also noted, the denial is not an indication of what will happen when the merits of the case are presented in the fall.
When the judge issued his ruling against an injunction to reinstate the program, he noted that it was largely due to the time between when the announcement of the cut was made and when the team filed its request: about a year. But, he also noted, the denial is not an indication of what will happen when the merits of the case are presented in the fall.
Tuesday, June 10, 2008
Oregon Wrestlers File Suit
On behalf of the disappointed wrestlers at the University of Oregon, Equity in Athletics has sued the University of Oregon over its decision to cut wrestling when it added baseball last year.
According to an EIA press release and SaveOregonWrestling.com, the state court complaint alleges that the University's decision to cut wrestling was procedurally flawed and that substantively, it violates the equal protection clause of Oregon's constitution as well as the state's antidiscrimination law, Section 659.850. University officials have acknowledged that Title IX did not require them to cut wrestling when they added baseball, and that they selected wrestling for elimination based on other criteria, including lack of a facility, lack of competition, and absence of fan support. EIA argues that the University should have applied this same criteria to both men’s and women’s teams in deciding what sports to cut, pointing out that women's lacrosse and competitive cheerleading also lack competition and support.
On the other hand, since women are already underrepresented in Oregon's athletic opportunities, cutting women's team would have a more discriminatory impact than cutting a men's team. It certainly would violate Title IX for the school to cut a viable women's team in light of the existing gender disparity in opportunities. For this reason, I'm not sure that EIA's argument that Oregon should have cut a women's team instead will carry much weight.
According to an EIA press release and SaveOregonWrestling.com, the state court complaint alleges that the University's decision to cut wrestling was procedurally flawed and that substantively, it violates the equal protection clause of Oregon's constitution as well as the state's antidiscrimination law, Section 659.850. University officials have acknowledged that Title IX did not require them to cut wrestling when they added baseball, and that they selected wrestling for elimination based on other criteria, including lack of a facility, lack of competition, and absence of fan support. EIA argues that the University should have applied this same criteria to both men’s and women’s teams in deciding what sports to cut, pointing out that women's lacrosse and competitive cheerleading also lack competition and support.
On the other hand, since women are already underrepresented in Oregon's athletic opportunities, cutting women's team would have a more discriminatory impact than cutting a men's team. It certainly would violate Title IX for the school to cut a viable women's team in light of the existing gender disparity in opportunities. For this reason, I'm not sure that EIA's argument that Oregon should have cut a women's team instead will carry much weight.
Monday, February 25, 2008
If you cheer louder...
...maybe you'll get a better grade.
The University of Oregon recently elevated competitive cheer to varsity status but that has not helped its grade on the recently released Gender Equity Scorecard. Oregon earned an F and has found itself 97th among 115 colleges and universities (and last in the Pac-10) for its gender equity efforts. The scorecard considers female participation rates (in terms of proportionality only) and funding.
Senior associate athletic director Renee Baumgartner says that if the scorecard was based on satisfying prong two, which Oregon cites compliance with, they would have received an A. But a look at the athletic department's finances suggest otherwise. For example, a significant, and arguably disproportionate, amount of money goes toward paying the coaches of football and men's baseball.
Oregon administrators are looking into their poor grade on the scorecard.
The University of Oregon recently elevated competitive cheer to varsity status but that has not helped its grade on the recently released Gender Equity Scorecard. Oregon earned an F and has found itself 97th among 115 colleges and universities (and last in the Pac-10) for its gender equity efforts. The scorecard considers female participation rates (in terms of proportionality only) and funding.
Senior associate athletic director Renee Baumgartner says that if the scorecard was based on satisfying prong two, which Oregon cites compliance with, they would have received an A. But a look at the athletic department's finances suggest otherwise. For example, a significant, and arguably disproportionate, amount of money goes toward paying the coaches of football and men's baseball.
Oregon administrators are looking into their poor grade on the scorecard.
Thursday, January 3, 2008
Top ten of 2007
[This was promised two days ago but, well, it just didn't happen. Please don't hold it against it us. We promise it does not an indication of a pattern in the new year.]
Below are what we saw as the top ten Title IX stories of the year. As Ebuz noted to a reporter from Inside HigherEd not too long ago, it was a good year to be a Title IX plaintiff. You will see this reflected below, but other events were pivotal as well. The list is in no particular order--we could say it's because we here at the Title IX Blog don't like to hierarchize, but really it's impossible to figure out what was the most significant story of the year. There were so many times this year we just found ourselves saying to one another: "No way. Really?" And in a good way.
1. University of Colorado settles sexual harassment case with two former students who accused the university--now with a new president and athletic director--of failing to do enough to remedy the situation with football recruit parties that lead to their sexual assaults. We expect to see a very positive ripple effect from this case in future sexual harassment cases.
2. All things Fresno State. Three cases of discrimination, three wins (we consider settlement a win in this situation). Great record for Title IX--not so good for Fresno State, California taxpayers, and university president John Welty who we predict (because it is the time of year for making predictions) will not make it through 2008 in his current position. We also predict that as exciting as Stacy Johnson-Klein's $19.1 million jury award was--it will not stand up. We expect a reduction in the amount and hope Fresno does not push for a new trial. And though the cases of Lindy Vivas, Diane Milutinovich and Johnson-Klein seem to have reached the denouement, don't expect 2008 to be a good time for Fresno State. An assistant in the athletic department filed a discrimination suit at the end of 2007. We will have to wait and see what Fresno learned this past year as they approach this new charge of discrimination.
3. The anniversary. 2007 marked the 35th anniversary of the legislation and it seemed every media outlet in the country (and beyond) covered it some way. It was all very celebratory and certainly we celebrated too, but much of this coverage failed to critically address the backlash against Title IX. Luckily there were plenty of opportunities this year to correct all the misinformation about the law that came from sports writers, non-sports writers, television commentators, bloggers, and people with all sorts of opinions. But the anniversary also provided a great opportunity for assessment and discourse about the future. We were excited to be a small part of this conversation not only on this blog but at events like the Girls and Women Rock Conference in Cleveland last April.
4. Jennifer Harris v. Rene Portland. The lawsuit got settled; the terms and gathered evidence were sealed, but we heard things here and there and read between the lines and generally were pleased. Then we were even more pleased when Portland resigned shortly after the season ended. Jennifer Harris deserves the utmost respect and many thanks for being the first person to stand up to Portland's racist, sexist, and homophobic behavior.
5. Florida Gulf Coast University. Pat Griffin has dubbed FGCU "Fresno east." Not a nickname you want to have hanging around your athletic department as it tries to become a more serious contender in DI athletics. What FGCU might learn from Fresno is hard to discern right now. The administration does not seem to think it is, in any way, in the wrong in its treatment of female coaches, very few of whom actually remain at the school. But just like their counterparts across the country, these women are fighting back. And they are making homophobia a more salient issue in the discussion of their treatment.
6. UNC's Anson Dorrance is going to stand trial for sexual harassment. This case has been ongoing for years, but in April, assuming no settlement is reached (which is a big assumption given the precedent that seems to have been set in 2007) head soccer coach Dorrance will finally have to answer for his treatment of his players and the sexualized atmosphere he created on the team.
7. Cheerleading. Yep. We wrote about cheerleading a fair amount this year given it is not even an NCAA-approved sport. This did not stop University of Oregon, though, from creating only the second varsity-level competitive cheer program in the country (after Maryland). The addition of a non-sanctioned sport alone would have created some controversy (as it has at UMD) but the decision to add competitive cheer just as Oregon was cutting wrestling (and simultaneously reinstating baseball) created quite a stir. Things may have settled a bit at Oregon but the issue of competitive cheer as sport that counts toward Title IX compliance is not likely to go away soon and, though it may not happen this year, I would not be surprised to see a lawsuit brought by a club sport player whose team did not get elevated to varsity status because cheerleading did.
The other big cheerleading news was at the high school level where most cheer teams are not considered sports but rather constitute support for sports teams. This means, under Title IX, if you provide such support to your boys' teams, you must do so for your girls' teams. This was the issue at hand in New York, when a mother of a female basketball player protested the lack of cheerleaders at the girls' games and their constant presence on the boys' sidelines. And despite our awareness of entrenched gender norms in this society, we were a little surprised at the backlash engendered by the mandate for equal amounts of cheering that seemed to stem largely from a general feeling that girls should not be cheering for other girls.
8. Softball fields. It is not much of an exaggeration to say that we found about a story almost every week about the condition of softball fields. Most came out of high schools, but a few were about college fields as well. Parents, players, concerned citizens have been filing complaints about how the inferior fields are a violation of Title IX. Why softball fields? They are a very tangible measure of compliance. Look at the baseball field; look at the softball field. Are there lights, concession stands, same level of maintenance, outright ownership, suitable dugouts, fences, bleachers, etc. on both fields? It is difficult to defend a softball field that is lacking in any of these things when the field used by the baseball team has them. And that is why so many softball fields across the country this year got some major face lifts.
9. Seasons of change in Michigan. It finally ended. The case against the Michigan High School Athletic Association ended last April when the Supreme Court denied the organization cert. This has meant that the lower court's decision that MHSAA was in violation of Title IX and the Equal Protection Clause in its scheduling of girls' sports out of their traditional seasons has stood. Michigan high schools have had to change their schedules accordingly. The controversy this case created was enormous and the incivility of the discussions was disheartening. We hope that 2008 is the proverbial calm after the storm and that everyone is working more willingly than not toward dealing effectively with the scheduling changes.
10. Boosters. Almost as ubiquitous as the stories about softball fields were the stories about booster club funds. Yes, money raised by booster clubs must be considered in the quest for equitable support of girls' and boys' teams. High schools in Pennsylvania and California are addressing and accounting for booster club funds right now. More stories like this and the other ones we covered this year are likely to emerge in the coming year.
Below are what we saw as the top ten Title IX stories of the year. As Ebuz noted to a reporter from Inside HigherEd not too long ago, it was a good year to be a Title IX plaintiff. You will see this reflected below, but other events were pivotal as well. The list is in no particular order--we could say it's because we here at the Title IX Blog don't like to hierarchize, but really it's impossible to figure out what was the most significant story of the year. There were so many times this year we just found ourselves saying to one another: "No way. Really?" And in a good way.
1. University of Colorado settles sexual harassment case with two former students who accused the university--now with a new president and athletic director--of failing to do enough to remedy the situation with football recruit parties that lead to their sexual assaults. We expect to see a very positive ripple effect from this case in future sexual harassment cases.
2. All things Fresno State. Three cases of discrimination, three wins (we consider settlement a win in this situation). Great record for Title IX--not so good for Fresno State, California taxpayers, and university president John Welty who we predict (because it is the time of year for making predictions) will not make it through 2008 in his current position. We also predict that as exciting as Stacy Johnson-Klein's $19.1 million jury award was--it will not stand up. We expect a reduction in the amount and hope Fresno does not push for a new trial. And though the cases of Lindy Vivas, Diane Milutinovich and Johnson-Klein seem to have reached the denouement, don't expect 2008 to be a good time for Fresno State. An assistant in the athletic department filed a discrimination suit at the end of 2007. We will have to wait and see what Fresno learned this past year as they approach this new charge of discrimination.
3. The anniversary. 2007 marked the 35th anniversary of the legislation and it seemed every media outlet in the country (and beyond) covered it some way. It was all very celebratory and certainly we celebrated too, but much of this coverage failed to critically address the backlash against Title IX. Luckily there were plenty of opportunities this year to correct all the misinformation about the law that came from sports writers, non-sports writers, television commentators, bloggers, and people with all sorts of opinions. But the anniversary also provided a great opportunity for assessment and discourse about the future. We were excited to be a small part of this conversation not only on this blog but at events like the Girls and Women Rock Conference in Cleveland last April.
4. Jennifer Harris v. Rene Portland. The lawsuit got settled; the terms and gathered evidence were sealed, but we heard things here and there and read between the lines and generally were pleased. Then we were even more pleased when Portland resigned shortly after the season ended. Jennifer Harris deserves the utmost respect and many thanks for being the first person to stand up to Portland's racist, sexist, and homophobic behavior.
5. Florida Gulf Coast University. Pat Griffin has dubbed FGCU "Fresno east." Not a nickname you want to have hanging around your athletic department as it tries to become a more serious contender in DI athletics. What FGCU might learn from Fresno is hard to discern right now. The administration does not seem to think it is, in any way, in the wrong in its treatment of female coaches, very few of whom actually remain at the school. But just like their counterparts across the country, these women are fighting back. And they are making homophobia a more salient issue in the discussion of their treatment.
6. UNC's Anson Dorrance is going to stand trial for sexual harassment. This case has been ongoing for years, but in April, assuming no settlement is reached (which is a big assumption given the precedent that seems to have been set in 2007) head soccer coach Dorrance will finally have to answer for his treatment of his players and the sexualized atmosphere he created on the team.
7. Cheerleading. Yep. We wrote about cheerleading a fair amount this year given it is not even an NCAA-approved sport. This did not stop University of Oregon, though, from creating only the second varsity-level competitive cheer program in the country (after Maryland). The addition of a non-sanctioned sport alone would have created some controversy (as it has at UMD) but the decision to add competitive cheer just as Oregon was cutting wrestling (and simultaneously reinstating baseball) created quite a stir. Things may have settled a bit at Oregon but the issue of competitive cheer as sport that counts toward Title IX compliance is not likely to go away soon and, though it may not happen this year, I would not be surprised to see a lawsuit brought by a club sport player whose team did not get elevated to varsity status because cheerleading did.
The other big cheerleading news was at the high school level where most cheer teams are not considered sports but rather constitute support for sports teams. This means, under Title IX, if you provide such support to your boys' teams, you must do so for your girls' teams. This was the issue at hand in New York, when a mother of a female basketball player protested the lack of cheerleaders at the girls' games and their constant presence on the boys' sidelines. And despite our awareness of entrenched gender norms in this society, we were a little surprised at the backlash engendered by the mandate for equal amounts of cheering that seemed to stem largely from a general feeling that girls should not be cheering for other girls.
8. Softball fields. It is not much of an exaggeration to say that we found about a story almost every week about the condition of softball fields. Most came out of high schools, but a few were about college fields as well. Parents, players, concerned citizens have been filing complaints about how the inferior fields are a violation of Title IX. Why softball fields? They are a very tangible measure of compliance. Look at the baseball field; look at the softball field. Are there lights, concession stands, same level of maintenance, outright ownership, suitable dugouts, fences, bleachers, etc. on both fields? It is difficult to defend a softball field that is lacking in any of these things when the field used by the baseball team has them. And that is why so many softball fields across the country this year got some major face lifts.
9. Seasons of change in Michigan. It finally ended. The case against the Michigan High School Athletic Association ended last April when the Supreme Court denied the organization cert. This has meant that the lower court's decision that MHSAA was in violation of Title IX and the Equal Protection Clause in its scheduling of girls' sports out of their traditional seasons has stood. Michigan high schools have had to change their schedules accordingly. The controversy this case created was enormous and the incivility of the discussions was disheartening. We hope that 2008 is the proverbial calm after the storm and that everyone is working more willingly than not toward dealing effectively with the scheduling changes.
10. Boosters. Almost as ubiquitous as the stories about softball fields were the stories about booster club funds. Yes, money raised by booster clubs must be considered in the quest for equitable support of girls' and boys' teams. High schools in Pennsylvania and California are addressing and accounting for booster club funds right now. More stories like this and the other ones we covered this year are likely to emerge in the coming year.
Friday, October 19, 2007
"Served its purpose"?
A writer at the Corvallis Gazette-Times believes that Title IX "has served its purpose" and it's time to stop penalizing male athletes--especially football players--and find a better way of enforcing the law.
Speaking to the specifics in Oregon, primarily Oregon State and Oregon, writer Kevin Hampton suggests football get a waiver from Title IX because it requires so many players and there is no female equivalent. The waiver idea is not new, of course, it has been around just as long as Title IX itself and was wisely never implemented. Why? Because intercollegiate sports are not supposed to be a business. They are part of the larger educational experience. And selectively applying a law that is meant to ensure equity in education isn't really equity at all. (Also, by Hampton's rationale, we would have to exempt field hockey which, in the United States, has no male equivalent.)
Not surprisingly, we also get the "but football makes money" argument. The numbers support this claim as it applies to OSU. It appears that football brings in more money there than it costs. But of course this is not universally applicable--it does not even apply to a quarter of Div I football programs, a fact Hampton overlooks. Football is rarely "foot[ing] the bill" for other teams; most often it is taking more than its fair share.
We also have to remember that, as Professor Nancy Hogshead-Makar has said, the actual expenses numbers are not subject to the same general accounting practices as those in the business world because athletics has a tax-exempt status. So, for example, the costs of stadium operation are not factored into team expenses.
Hampton, thankfully, recognizes the cultural bias against women's sports and does not advocate for Title IX's elimination because it would result in decreased opportunities for women. But in his pitch to "reform" the law he perpetuates almost all of the myths we just cannot seem to shatter.
Speaking to the specifics in Oregon, primarily Oregon State and Oregon, writer Kevin Hampton suggests football get a waiver from Title IX because it requires so many players and there is no female equivalent. The waiver idea is not new, of course, it has been around just as long as Title IX itself and was wisely never implemented. Why? Because intercollegiate sports are not supposed to be a business. They are part of the larger educational experience. And selectively applying a law that is meant to ensure equity in education isn't really equity at all. (Also, by Hampton's rationale, we would have to exempt field hockey which, in the United States, has no male equivalent.)
Not surprisingly, we also get the "but football makes money" argument. The numbers support this claim as it applies to OSU. It appears that football brings in more money there than it costs. But of course this is not universally applicable--it does not even apply to a quarter of Div I football programs, a fact Hampton overlooks. Football is rarely "foot[ing] the bill" for other teams; most often it is taking more than its fair share.
We also have to remember that, as Professor Nancy Hogshead-Makar has said, the actual expenses numbers are not subject to the same general accounting practices as those in the business world because athletics has a tax-exempt status. So, for example, the costs of stadium operation are not factored into team expenses.
Hampton, thankfully, recognizes the cultural bias against women's sports and does not advocate for Title IX's elimination because it would result in decreased opportunities for women. But in his pitch to "reform" the law he perpetuates almost all of the myths we just cannot seem to shatter.
Tuesday, October 2, 2007
Editorial questions Oregon AD
There was a very well-written editorial last week in the University of Oregon's student newspaper. The author questions the logic of adding competitive cheer, which no school other than Maryland has elevated to a varsity sport, when the reason given for reinstating baseball was that Oregon was the only Pac-10 school without it. The writer concludes that "the choice of competitive cheer, over crew, swimming or gymnastics, serves only to showcase the athletic department's concern with its own bottom line - not with equality for women."
Unfortunately the editorial cartoon that is alongside the column seems to negate the sentiments expressed in it. It pictures two cheerleaders forming a "IX" and holding a placard with "Title" written on it. And they are standing on top of wrestlers. A more accurate depiction of the situation would have been athletic department administrators standing on top of the wrestlers. They are the ones who quashed the program--not Title IX.
Unfortunately the editorial cartoon that is alongside the column seems to negate the sentiments expressed in it. It pictures two cheerleaders forming a "IX" and holding a placard with "Title" written on it. And they are standing on top of wrestlers. A more accurate depiction of the situation would have been athletic department administrators standing on top of the wrestlers. They are the ones who quashed the program--not Title IX.
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