K____ J____

UCCA 102

Dr. Dedo

25 November 1998

The Equalizer

Gender equity has always been a heated issue, especially during the last few decades. Women have fought for the right to vote, attend school and college, hold certain occupations, receive equal pay and participate in athletics. During a 1997 speech President Clinton said, "Every girl growing up in America today should have the chance to become an astronaut or an Olympic athlete, a Cabinet secretary or a Supreme Court Justice, a Nobel Prize winning scientist or President of the United States" ("Remarks" 894). One of the current ongoing struggles is for equality on and off the athletic field. Female athletes at every level deal with all kinds of setbacks from various angles. These setbacks, some more obvious than others, include the lack of publicity, funding, support (from spectators, friends and family), and confidence in their potential. Female athletes’ situation continues to gradually improve, but legislation has been necessary to bring about many of the recent changes. The law that has resulted in most of the advances in gender equity in the last thirty years is Title IX of the 1972 Education Amendments. This states that "no person in the U.S. shall, on the basis of sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid" (Uiowa 1). Under this law men and women should have equal opportunities to all educational activities, including sports, at schools which are granted federal aid. Title IX has resulted in many improvements, but the law still has problems, the progress is slow, and the gap between male and female athletics remains vast. There are several arguments against Title IX and the struggle for gender equity in athletics, but a solution like tighter budgetary controls could solve the problems and appease almost everyone.

Title IX focuses on women being granted equal opportunities in athletics on a program-wide basis, not sport by sport. There are three main divisions of athletics that those judging compliance take into consideration. Athletic financial assistance, such as scholarships and budgets, is the first sector that is given attention. "Accommodation of athletic interests and abilities" is another region of interest to those who judge compliance. This basically means that the school should not suppress a strong desire amongst the student body to participate in certain sports as long as it is possible and feasible for the school to support it. The last division, other program areas, is the largest in scope. This includes equal opportunities for equipment and supplies, scheduling of game and practice time, travel and per diem allowances, publicity, recruitment and facilities (locker rooms, practice, competitive, medical and training facilities). These divisions help to provide somewhat of a basis for assessing whether or not programs adhere to Title IX (Uiowa 1).

In addition to these divisions, there are currently several possible ways for a school to comply with the Title IX. The first and most recognized of these possibilities is that the ratio of male to female students must be equivalent to the ratio of male to female athletes. If a school fails to do this, its second option is to show that it is planning and striving to attain gender equity. In other words, the school must show that it is making the effort and taking the necessary steps to abide by Title IX. The third and final way that a school can demonstrate its compliance with Title IX is by proving that it meets the women’s athletic interests at the school (Weistart 42). The 1991 case of Amy Cohen, et al. vs. Brown University, et al., in which 9 women from the demoted volleyball and gymnastics teams sued the University, focused on the first requirement of the law. Although Brown claimed to meet the third possibility, the Court found the University in violation of Title IX because the male to female ratios in athletics and the student body were not equivalent (Tungate and Orie 603). The case exemplifies one of the major faults of Title IX as it currently stands. The problem is that it is extremely difficult to determine whether or not an institution follows the second and third guidelines. The law is too ambiguous to be enforced, so there are still a number of ways that programs can find loopholes to escape its repercussions.

Despite the shortcomings of Title IX, women have gained a lot of ground as a result of it in the area of athletics. For instance, in 1972 only 300,000 girls, or 1/27, played high school sports. But as of 1997 the numbers had risen to 2.3 million, or 1/3 of all the girls attending high school ("USA" 66). Since 1992 over 800 women’s collegiate athletic teams have been added as well (Tarkan 25). Women currently make up 39 % of all NCAA athletes, and their total scholarships have increased from only $100,000 in 1972 to $180 million in 1996 ("USA" 66). The popularity and marketability of female athletics has risen along with the participation. Corporate sponsorship of women’s sports stood at $600 million in 1997, twice as much as it was in 1992, just five years before (Delpy 20). Besides the sheer numbers, other advancements show how much women have benefited from the implementation of Title IX. Thirty years ago, who would have believed that the women’s basketball teams at the University of Tennessee and Stanford University would now be more popular and draw more fans than their men’s teams? The sudden boost that women’s soccer has felt since the birth of Title IX has been amazing as well. Over 8,000 women now play collegiate soccer, while practically none played before 1972. In addition, females integrated once all-male sports like ice hockey, boxing, football and wrestling. Thus, women’s interest in sports continues to climb as they receive more opportunities to participate. As John Weistart, in his article for Brookings Review, writes, "the regulations under Title IX require that the interest in women’s sports should not be declared weak before it is fully born" (Weistart 44). The courts repeatedly side with females, and women have not lost a court case involving a Title IX sex discrimination suit since 1988. Arthur Bryan, the executive director of Trial Lawyers for Public Justice, the nonprofit organization that sued Brown University, explains it this way, "‘girls and women have been discriminated against over the years and their interest in sports is still developing’" (Tarkan 25).

Despite the many advancements the law has given women, a great number still criticize Title IX. There are two main arguments that critics often suggest. The first of these counter arguments is that Title IX is "‘out to get’ football" (Weistart 40). The basis of this is that football is on a completely different level than any other sport, so it should be exempt from the compliance tests. Those who hold to this argument request exemption for football because football teams, especially in Division 1-A, typically include 85 scholarship players and up to 130 total players, and because the sport supposedly brings in a great deal of money that it should not have to share with the rest of the athletic department and programs. This argument is invalid for a couple of reasons. The majority of college football teams actually lose money, contrary to the popular belief that football takes in enough money to cover its expenses and those of several other athletic teams. Only about 20% of the 554 NCAA football teams pay for themselves. More specifically, one third of Division 1-A football teams accumulate an annual deficit of over one million dollars, on average. The root of these deficits is the spendthrift habits of most football teams. College football programs often use part of their big budgets in ridiculous, superfluous ways, when these funds could be better spent on men’s or women’s non-revenue sports. For instance, it is common for entire football teams to stay in a hotel the Friday night before a home game. Another wasteful use of the money is that colleges, especially big-time programs, are often forced to pay off a coach whom they fire because they must honor his long-term guaranteed contract, and they then offer the new coach even more money ("Third" 15). Football players’ standard of living allowances are often outrageously high in value as well, sometimes including $25 for dinner and $15 for breakfast ( Tarkan 26). These facts discredit the push to allow football to be exempt from Title IX.

The second main counter argument against Title IX is that the law hurts non-revenue men’s sports, often leading to the elimination of sports like swimming, gymnastics and wrestling. However, if the number of people needing or requesting funds from the athletic department continues to grow and the athletic budget remains the same, men’s sports will receive less than they have in the past, regardless of how equally the money is distributed (Weistart 40). As the number of women participating in athletics at a school gradually increases, the funds allotted to all of the teams, male and female, will naturally decrease. Many critics of Title IX also claim that a great number of men are thrown out in the cold without any regard when their sports are eliminated, and that sympathy for them is lost. But Dr. Christine Grant, director of the women’s athletic department at the University of Iowa, points out the problem with this argument when she simply asks, "‘where is all the sympathy for the women who have never, ever had these opportunities’" (Tarkan 26). Thus, men’s sports are sometimes hurt when colleges attempt to make changes to boost female athletics, but this should not be used as a reason to do away with Title IX. This only makes it more clear that the law has some problems and that schools need to be held more accountable for properly complying with it.

The most telling figure that draws attention to the need to strengthen Title IX is the following: 90% of schools and colleges are not complying with Title IX (Mosley 28). More specifically, only 36 of the top 300 collegiate athletic programs are in line with the law, after it has been prevalent for over 25 years. Also, for every new dollar spent on sports at big schools, only five to seven cents of it goes to non-revenue sports (Weistart 39-40). Billie Jean King offers her opinion on the slow progress in the fight for gender equity in sports when she says, "‘we never envisioned a future where it would take 25 years to move halfway to the goal of equal opportunity’" (Delpy 17). The reality is that schools are simply not abiding by Title IX, and it does not seem that many of the schools have any plans to change their policies. As Weistart writes, "it is naive to assume that increased athletic opportunities for women will quietly and enthusiastically be added to the larger goals of the athletic department" (Weistart 41). Thus, dramatic changes must be made to Title IX to speed up the process of gender equity. Although improvements have come over time, women are still nowhere near men in their athletic opportunities.

Several feasible solutions exist that would strengthen Title IX and make a quick, definite impact in athletic programs. The most obvious of these solutions is to cut unnecessary spending, or simply better budgeting. Football and men’s basketball are two sports that could certainly stand to sacrifice some of their funds, especially teams at the larger Division 1-A programs (Mosley 28). For instance, the NCAA or even the specific colleges could set a maximum per diem meal allotment and cost per room. A great deal of money would be saved if football teams no longer stayed in hotels the night before home games as well. Another way to cut frivolous spending would be to set a salary cap for coaches and no longer issue guaranteed long-term contracts. In sports that have both men’s and women’s teams competing during simultaneous seasons (like basketball), pooled transportation costs could save money. In other words, the two teams could schedule common opponents at the same date and place, so the transportation costs would be reduced because they would travel to the same destination together. These and other simple cost-cutting measures could bring schools closer to complying with Title IX without drastically taking away from any of their athletic programs. Another possibility is to set a cap on the number of players per team, maybe in every sport, not just football. This would reduce the total expense by reducing the total cost of things such as practice and game uniforms, equipment, and travel expenses. Another suggestion to bring schools closer to gender equity is to implement a sliding scale and central account to share the money generated by all of the teams throughout the athletic program. Under this system, teams would be allowed to keep a percentage of the money that they take in, and the remainder would go to a central account, with this money being equally distributed among all of the teams at the school (Lichtman 64). Giving the NCAA the power to set a comprehensive cap over every team in the league for certain sports, or for every sport, is a solution that should be considered as well. The NCAA already sets some partial caps, such as the regulation forbidding the paying of college athletes and the limitation of scholarships (Weistart 44). Each of these solutions are feasible and will make a major impact on gender equity in sports if they are implemented.

There are several ways that these solutions will positively alter the current state of athletics if they are put into effect. First of all, better budgeting and cutting unnecessary spending will free up more funds that can be used for both men’s and women’s non-revenue sports. In addition, schools will already be closer to complying with the guidelines of Title IX because spending will be more equitable. Also, the extra money could possibly go towards funding a new women’s team, which will in turn bring the ratio of male to female athletes more in line with the ratio of male to female students. Regulations such as the cap on the number of players per team will spread out the better players among more teams. The number of quality teams will rise, and there will be an increase in the competition in each sport that sees this change because teams will be more evenly matched (Weistart 44). This result will be similar to that in the pro leagues, which keep only a 45 man roster. As the competition increases, so will the fan support, for every game will be more exciting. Thus, ticket sales will increase, as will the money drawn by each team. Any of these changes will reap multiple benefits for the entire athletic program.

Since its inception Title IX has greatly increased the opportunities that females have to participate in athletics. Without it I would probably not be playing softball right now, and I might not have had the chance to play high school sports either. But the improvement can be so much more if we take steps to strengthen the law and force schools to follow it. Title IX only attempts to give everyone, regardless of gender, the chance to participate equally in any sport they want to. If we add a few requirements onto the law, gender equity in athletics will become a realistic goal for the near future. Only then will Title IX truly be able to "‘help girls to realize their dreams and to achieve them’" ("Remarks" 894).

Works Cited

Delpy, Lisa A. "Career Opportunities in Sport: Women on the Mark." JOPERD -- The Journal of Physical Education, Recreation and Dance. Sept. 1998: 17-23.

Guenin, Louis M. "The Intromissibility of a Paretian Athletic Director." Brookings Review. Fall

1998: 44-49.

http://www.lib.uiowa.edu/proj/ge/Title_IX.html

Lichtman, Brenda. "Sexual Discrimination in School Sports: The Title IX Compliance Challenge: Will Increasing Funding for Women’s Athletic Programs Require that Existing Men’s Sports be Cut?" USA Today. March 1998: 62-4.

Mosley, Benita Fitzgerald. "Entitled by Title IX: The Law that Secures a Woman’s Right to Play Celebrates its Silver Anniversary." Women’s Sports and Fitness. June 1997: 28.

"Remarks on Signing a Memorandum Strengthening Enforcement of Title IX." Weekly Compilation of Presidential Documents. 33 (1997): 894-6.

Tarkan, Laurie. "Unequal Opportunity." Women’s Sports and Fitness. Sept. 1995: 25-28.

"The Third Sex." Sports Illustrated. 6 Feb. 1995: 15.

Tungate, David E. and Daniel P. Orie. "Title IX Lawsuits." Phi Delta Kappan. 79 (1998): 603-4.

"USA: The Impact of ‘Title IX’ on Women’s Sports." WIN News. Summer 1997: 66.

Weistart, John. "Equal Opportunity? Title IX and Intercollegiate Sports." Brookings Review. Fall 1998: 39-44.