RE: Title IX softball case

Date: Thu Apr 13 2000 - 10:49:08 EDT

  • Next message: "RE: Title IX softball case"


    You wrote: "I'd certainly be very glad if this step were taken to clarify
    the law." In hundreds of school districts and dozens of universities I
    have studied, I have very few examples of serious attempts to meet the
    compliance demands of the term "equality." I suspect your clarification
    would do more damage than you anticipate.

    Some of the quick fixes attempt to present an appearance of moving toward
    compliance by padding the numbers of males allegedly involved in sports so
    the imposition of a limit will look like movement. The fact in many of
    these cases is that the university has never had the numbers of males in
    the program they propose as an outside limit. The result is more history
    and continued practice of discrimination.

    In other environments a failing program for male participants is cut and
    compliance gets the blame. By "failing" I refer to programs where either
    few participants are being produced by the supply system, as in where high
    schools are dropping the program, or programs which fail to attract any
    crowds at all. In one case in Arizona, a baseball program that was
    established in defiance of Title IX's demand for equal participation and
    which really placed the University even further from compliance was dropped
    and Title IX was blamed.

    In some programs an attempt to create an appearance of effort at compliance
    even leads to "the magical disappearing team." In this sleight-of-hand the
    institution simply "forgets" to list the members of a team for
    over-represented participants. A men's golf team that is in the yearbook
    isn't listed on the monitoring report. Another shell game at the
    university level funds a sport where there is no supply system in any high
    school. In this sham the sport, say rowing, is created at the university
    level even though no school district funds any program and no state high
    school association sanctions such an event. The university then attacks the
    lack of interest on the part of the women athletes because they have a
    program that isn't filled with participants. I am sure this list could go
    on but what I have found is probably even more telling. I have found but
    scant few situations where women are the over-represented gender/class.

    What I am looking for is the women to be overrepresented and then the men
    to be overrepresented in a cyclical pattern as efforts by recruiters truly
    represent effort at compliance. Until then I doubt I will even have time
    for work to bring locker rooms up to compliance or fields and competitive
    venues to equality, etc.

    Somewhere between "gut" and "clarify" I am sure we will find the balance.
    I, however, do agree with Evans when he says, "I recommend against an
    institution's reliance on downsizing unless it achieves through such
    downsizing proportionality meeting the requirements of the first prong of
    the Policy Interpretation." I think that means, "If you are going to cut,
    cut deep." I would prefer to see honest effort at achieving equality by
    improving participation for women at all levels.

    Herb Dempsey

    This archive was generated by hypermail 2b29 : Thu Apr 13 2000 - 10:49:26 EDT