title IX Essays (1732 words) - 92nd United States Congress

Twenty-five years have passed, but the celebration is no victory party. For all the progress women have made, they are still far behind the men on the playing field. A vast number of colleges and universities are still not in compliance with Title IX, which prohibits sex discrimination at any educational institution that receives Federal funds. Title IX applies to all educational programs, although it has become the standard-bearer for women?s athletics. The following words lie at the heart of what is perhaps the most controversial and most important rules in all college athletics- Title IX states, ?No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance,? was signed into law as part of the Education Amendments of 1972. Since most schools and universities receive some financial assistance through title or chapter funds, research grants, or Pell grant financial aid programs, they must comply with the mandates of the law. After more than 25 years, one would assume that all educational institutions would have had sufficient time to address inequities of opportunity and treatment within their athletic programs. However, with an estimated 93% of colleges still out of compliance in at least one of the three components mandated by the law, it is obvious that there remains a long road ahead before equity is achieved. So what exactly are these components (W.I.N.N., 66). Title IX is composed of three separate components: I-Accommodation of Interests and Abilities; II-Athletic Financial Assistance: Scholarships; and m-Other Program Areas: Treatment. Currently, Component II pertains to higher education, but with various governmental bodies considering tuition credits, it could apply to secondary schools as well. The three components are evaluated separately, with an independent decision reached for each one. Thus, even though a school might be in compliance with two of the three, it still is considered to be out of compliance. The Components are explained: Component I. Most lawsuits result from challenges to Component I, whereby an educational institution must meet the requirements in one of three different tests. Prong one, the proportionality test, indicates that athletic participation rates must be within five percent of the enrollment for that sex. Since most schools and universities do not meet that standard , they could satisfy Prong two, provided they can show a history and continued practiced of program for the underrepresented sex by adding teams within the past three years. Failing to meet one of the first two prongs, an institution may demonstrate compliance by showing that it fully and effectively has accommodated the interests of the underrepresented sex. This would require that every team be offered for which there is sufficient interest and ability, as long as there exists a reasonable expectation of competition within the institution?s typical competitive region. Surveying students and the availability of feeder programs seen in community-based recreational leagues, intramural sports, and elective physical education offerings are used to assess interest. Male?s and female?s abilities are accommodated equitably when the percentage of appropriate level contests does not differ by more than five percent. Component II. Athletic scholarship dollars need to be proportional in relationship to the percentage of male and female athletes. Furthermore, no significant difference should exist in the amount of the average scholarship when comparing male and female athletes. Component III. The third component, Other Programs Areas, dubbed the ?laundry list,? is comprised of 11 separate treatment aspects. While parallel teams are compared (SB-vs-BB, etc.), the compliance decision is based upon a comparison of the entire women?s program with the total men?s program. This permits flexibility, allowing schools to ?showcase? different sports for men and women or offer superior treatment in one area for, say, a male sport, offset by a reduction in quality in a different sport for men. Examples of the 11 program area: A) Equipment and Supplies; B) Game and Practice Schedules; C) Publicity; D) Facilities; E) Coaching; F) Travel and Per Diem, etc. (Lichtman, 63) A number of arguments have been made against equality of men?s and women?s sports. 1) Equity will ruin men?s sports. The law?s purpose is to