MONITORING TO ENSURE GENDER EQUITY IN ATHLETICS

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MONITORING TO ENSURE GENDER EQUITY IN ATHLETICS

Published by Office of Equity and Access , October 1998.

BACKGROUND

INTRODUCTION

ATHLETIC EQUITY COMPONENTS

Accommodation of Interests and Abilities
Equipment and Supplies
Schedules
Travel and Per Diem
Opportunities to Receive Coaching
Locker Rooms, Practice and Competitive Facilities
Medical and Training Facilities and Service
Publicity and Promotion
Support Services
Housing and Dining Facilities and Services
Recuitment of Student Athletes
Recruitment, Assignment/Compensation of Tutor s
Athletic Financial Assistence/Scholarships

HISTORY OF COMPLIANCE EFFORTS

BACKGROUND

Students who participate in sports receive special benefits. Athletic participation is a major training field for developing persistence, courage, acceptance of defeat and humility in success. In addition, excelling in sports brings opportunities for continued education, as well as advantages in the job market. Students who participate in athletics feel better physically, have stronger self-esteem, are more creative, and less likely to drop out of school.

Parents value these attributes and benefits for both their sons and their daughters. However, until recently, male youth have enjoyed these benefits to a greater degree than female youth. In 1993, the Florida legislature addressed this issue by amending the Florida Educational Equity Act to invoke the athletic provisions of Federal Title IX of the Education Amendments of 1972. As a result of this legislation, school districts, community colleges and universities, with the assistance of the Department of Education, developed and implemented compliance plans to ensure equal athletic opportunities for both male and female students.

The Florida Success Story – The hard work of staff in Florida public schools and colleges has resulted in dramatic increases in the number of women athletes in our schools. The number of females participating in high school athletics programs nearly doubled from 1990-91 to 1997-98. This 86% increase in women's participation was coupled with an 11% increase in men's participation. In the past year alone, there was a 24% increase in the number of young women participating in high school athletics. This increase in opportunities for women to compete was evident in team sports as well as individual sports. In team sports, increases in female participation ranged from 18% in volleyball to 30% in basketball. The actual female participation in each team sport topped the 10,000 figure. Nearly 2,000 high school girls compete on weightlifting teams, over 200 wrestle and 115 play football. (Data from the Florida High Activities Association)

The increase in athletic opportunities was less dramatic in the Florida Community College system. The number of women's teams decreased by one from 1995-96 to 1997-98. However, the number of female athletes increased by 207 during that three-year-period. In 1995-96, women comprised 47% of the total athletes. By 1997-98, that figure increased to 52% and, by comparison, 57% of the community college students were female.

(Data from the Florida Community Colleges Activities Association)

INTRODUCTION

This document is designed to assist district and college staff in monitoring compliance with the athletics requirements of the Florida Educational Equity Act and Title IX of the Education Amendments of 1972. In Florida, Gender Equity in Athletics is defined as:

Gender equity in athletics is the fair distribution of overall athletic opportunity and resources, substantially proportionate to the enrollment of males and females, so that no student athlete, coach or athletic administrator is discriminated against in an athletic program on the basis of gender. (Rule 6A-19.004(1) FAC)

The athletic compliance requirements specified in the Florida Educational Equity Act are the same as those in federal law. Since 1994, public education institutions of the state have given special attention to ensuring equal athletic opportunities for male and female students. During that time, the Florida Department of Education monitored and reported each institution's progress. After five years of monitoring, most institutions report that they have attained compliance. For those high schools and junior high schools reporting compliance, the requirement to report athletic data to the Department of Education is discontinued. For those that have not reached compliance, the reporting requirements and the monitoring by the Department is continued. The State Board of Community Colleges is continuing to monitor public community colleges.

The athletic compliance components included in this document should be monitored on a regular basis and when discrepancies are identified, the institution should take immediate and appropriate action to correct the discrepancy. As agencies assume the responsibility for monitoring civil rights compliance in athletic programs it is critically important to:

• fully understand the factors for determining compliance

• establish a system for collecting and analyzing compliance-related data on a regular basis

• clearly identify processes and procedures for reporting identified discrepancies

• establish procedures for addressing discrepancies in a timely manner

The following information provides the basis for developing a systematic approach for monitoring Gender Equity in Athletics.

Factors for Monitoring Gender Equity in Athletics,

Compliance with Title IX and

The Florida Educational Equity Act

1 Athletic Equity Component:

ACCOMMODATION OF INTERESTS AND ABILITIES

This component is the foundation for increasing athletic participation for the underrepresented gender. In the Florida State System of Public Education, females are the underrepresented gender.

There are two compliance factors to examine when monitoring this component.

EQUAL OPPORTUNITIES TO COMPETE:

Prong 1– participation opportunities for males and females are substantially proportionate to their enrollment in the institution

Prong 2– if women are underrepresented, the institution can show a history of continuing program expansion

Prong 3– if women are underrepresented and there is no history of expansion, the institution can demonstrate that all interests and abilities of women are effectively accommodated

LEVELS OF COMPETITION:

* for high school and middle school athletics, levels of competition refers to team levels, such as varsity, junior varsity and freshmen teams

* for intercollegiate athletics, levels refers to the quality of competition as evidenced by whether a team competes against other teams at the same division level

Suggestions for establishing system for collecting/analyzing data:

At the close of each sports season, collect participation data by gender and by sport for varsity and JV (include all levels of competition other than varsity in JV count). IF participation rate by gender does not equal enrollment by gender OR the participation rate does not reflect the continued history of program expansion (prongs 1 & 2), THEN corrective action should be taken to demonstrate movement toward compliance.

The Equity Coordinator, or person assigned to monitor compliance, should maintain the seasonal participation rate to facilitate planning for needed corrective action in a timely manner.

The forms submitted to the Department during prior years could be used for monitoring at the close of each season. In addition, the chart displayed on the annual Monitoring Work Plan is one example of charting to show continuous improvement.

SAMPLE MONITORING FORMS

Component 1: NOTE: OCR defines a participant as anyone who (1) participated in competition or (2) participated with the team and was eligible for competition but did not play. Participation is determined as of the date of the first competitive event for the sport.

School:	Number of Participants				Number of Participants
Varsity Teams	Males	Females	Total	JV, Freshman B-teams	Males	Females	Total
Baseball				Baseball
Basketball				Basketball
Cross Country				Football
Football				Soccer
Golf				Softball
Gymnastics				Track and Field
Soccer				Volleyball
Softball				other
Swimming/Diving
Tennis
Track and Field
Volleyball
Wrestling
other
Total Varsity Participants				Total JV Participants
% of Varsity Participants				% of JV Participants

	% varsity	% varsity	% varsity	% varsity	% varsity
% female	athletes	athletes	athletes	athletes	athletes
enrollment	female	female	female	female	female
1997-98	1993-94	1994-95	1995-96	1996-97	1997-98
51%	31%	34%	46%	33%	45%

	% JV	% JV	% JV	% JV	% JV
	athletes	athletes	athletes	athletes	athletes
	female	female	female	female	female
	1993-94	1994-95	1995-96	1996-97	1997-98
	22%	29%	25%	32%	33%

2 Athletic Equity Component:

EQUIPMENT AND SUPPLIES

Equipment and supplies include uniforms, shoes, other apparel, sport-specific equipment and supplies, instructional devices and weight training equipment. The equipment and supplies for each sport must be comparable for both males and females. The source of funding for equipment and supplies is not relevant for determining comparability.

There are six compliance factors to examine when monitoring this component.

The following are examples of information to collect and maintain for monitoring compliance.

QUALITY: compare the condition, age, durability, general quality of equipment and supplies provided to male and female teams

SUITABILITY: compare the extent to which equipment and supplies provided male and female teams are regulation, official, sanctioned, and meet athletic association specifications (balls, rackets, uniforms, nets, gymnastic equipment, etc)

AMOUNT: compare the number of various items provided to male teams and female teams (balls, bats, shoes, uniforms, pads, wrist weights, as well as shared equipment and equipment provided by the athletes)

MAINTENANCE: compare maintenance services provided male and female teams (laundry, equipment storage, upkeep and repair)

REPLACEMENT: compare schedules for replacement of uniforms, shoes, bats, balls (semiannual, annual, every two, three, four years); are old uniforms and equipment given to another team; if so, which teams and under what conditions

AVAILABILITY: compare the amount of time that equipment and supplies are accessible to athletes in each sport (always, not on Sundays, restricted to hours not used by particular team)

Major conditioning equipment such as nautilus, whirlpool, and universal is monitored in the medical and training component

Monitoring this component requires the examination of records regarding previous years' expenditures and current budget for equipment and supplies. Examinations are done to determine any differences in the equipment and supplies provided male and female teams, as well as to individual athletes

IF there are disparities that cannot be justified by nondiscriminatory explanations such as the unique aspects of particular sports, THEN corrective action should be taken. All records should be maintained.

3 Athletic Equity Component:

SCHEDULES

When monitoring this component, it is useful to compare female and male teams in the same or similar sports since the number of games may vary greatly by sport. An institution is not required to schedule the same number of games and practices for male and female teams of the same or similar sport; however, any differences favoring one gender must be balanced by differences favoring the other gender in other sports.

There are five compliance factors to examine when monitoring this component.

The following are examples of information to collect and maintain for monitoring compliance.

NUMBER of competitive events: compare the number of competitive events per sport for male and female teams

NUMBER and length of practice opportunities: compare the length of practices, the number of practices per week and determine which teams have priority over others when schedules conflict

TIME of day competitive events are scheduled: compare schedules to determine extent to which schedules support parent and student attendance, allow spirit groups to support teams and discourage time missed from class for both genders

TIME of practice opportunities: compare the time of day, days of week practice is scheduled

OPPORTUNITIES for pre-season and post-season competition: this is particularly important when examining teams for which tournament opportunities were available, but the team did not compete

Competitive and practice schedules are often affected by the availability of facilities. When schedules for teams of one sex are adversely affected by the availability of facilities, a disparity may occur in at least two Athletic Equity Components: #3 Scheduling and #6 Provision of Facilities. Monitors need to present the information in a way to allow policymakers to correct any disparities in a timely manner.

4 Athletic Equity Component:

TRAVEL AND PER DIEM

When monitoring this component for compliance it is helpful to have a map of the school's competition area to assist in making comparisons of the modes of transportation used for male and female teams traveling similar distances. Written policies, procedures and criteria for providing travel arrangements, comparisons of housing during travel and meal allowances should be maintained by those monitoring compliance. In addition, comparisons of travel expenditures and budgets for each team for the current and past year should be examined for disparities. This information reveals the amount of support given individual teams in the way of coaches, trainers, sports information staff, managers, cheerleaders, mascots, band members.

Information collected for this component could also alert monitors to potential disparities in other components; for example, access to coaches #5, access to medical services # 7, or publicity and promotion #8.

There are five compliance factors to examine when monitoring this component.

The following are examples of information to collect and maintain for monitoring compliance.

MODES OF TRANSPORTATION: compare the type of transportation used by male and female teams traveling similar distances

HOUSING DURING TRAVEL: compare the housing furnished during travel to male teams to the housing furnished to female teams, examine the quality of the motel used and number of athletes assigned per room

LENGTH OF STAY: compare the time male and female teams are away from campus before and after competitive events

PER DIEM: compare the per diem allowances for male and female teams; use the amount actually given or spent per athlete since this may be different from the "standard" per diem rate that the school may set or may have been provided by the boosters

DINING ARRANGEMENTS: compare dining arrangements during travel for female and male teams, note any differences in quality such as whether teams eat at restaurants, school cafeteria, bring packed meal

5 Athletic Equity Component:

OPPORTUNITIES TO RECEIVE COACHING

Coaches in middle schools, high schools and community colleges usually coach part-time. Payment sometimes includes release-time from teaching or administrative duties. In some cases the coach is not employed by the institution where he or she coaches and is only on campus during practice and games. The amount of payment for coaching duties may be set for a specific coaching position with no relationship to the coach's background or experience. The monitor needs to collect information that allows the determination of how coaches are compensated and assigned in order to determine the availability of comparable coaching for male and female teams.

There are three compliance factors to evaluate when comparing female opportunity to receive coaching to male opportunity to receive coaching.

The following are examples of information to collect and maintain for monitoring compliance.

AVAILABILITY: compare the relative availability of full-time coaches, part-time coaches and volunteer assistance for male and female teams (number of coaches assisting each team, the ratio of coaches to athletes available to each team)

ASSIGNMENT: compare the training, experience, and other professional qualifications of coaches of male teams to that of female teams; if coaching is not the full-time job, note teaching and other assignments (number of classes taught, class load and number of hours the coach is on the campus of the team); compare the extent to which coaches assist in locating scholarships or other benefits for athletes; determine if there is a pattern of assigning less qualified coaches to male or female teams – it is important to examine the pattern rather than comparing individual coach's qualifications

COMPENSATION: compare the rate of compensation for coaches of male teams to coaches of female teams (per sport, per season, duration of contracts, conditions related to contract renewal, experience as related to compensation, nature of coaching duties performed and other duties expected of coaches); compare the full compensation of each coach, no matter the source, including all perks, club memberships, radio or television shows, cars, insurance benefits, etc.

IF there are disparities that cannot be justified by nondiscriminatory explanations such as the unique aspects of a particular sport, the number of athletes per team or the injury rate; THEN corrective action should be taken. All records should be maintained.

6 Athletic Equity Component:

LOCKER ROOMS, PRACTICE AND COMPETITIVE FACILITIES

This component needs to be carefully monitored. Issues related to comparability of facilities are easily observed by students, parents and the community. The monitor should regularly inspect facilities used by each team. Florida is anticipating the construction of many new facilities over the next several years and agencies should ensure that gender equity in athletics is included in all phases of the construction.

There are six compliance factors to examine when monitoring this component.

The following are examples of information to collect and maintain for monitoring purposes.

QUALITY AND AVAILABILITY of the practice and competitive facilities: compare the quality and availability of practice and competitive facilities for female and male teams; list other groups (athletic teams, clubs, intramural teams, band, community groups) that use the facilities, list the order of priority for regular use and for use when weather is bad; compare the extent to which facilities meet regulations; compare special features available at the facilities (laundry service, weight training, availability of trainers, spectator capacity, public address system, electronic score boards, accommodations for visiting teams, concession facilities, general lighting, special lighting for television coverage or filming, multimedia equipment for training and coaching)

EXCLUSIVE USE of facilities provided for practice and competitive events: compare the number of female teams that have exclusive use of locker room facilities with the number of male teams that have exclusive use of locker room facilities; record whether exclusivity is for the entire year, for the season, or just during competition or practice, compare data for male and female teams

AVAILABILITY of locker rooms: compare athletic locker assignments for female and male athletes; are lockers individually assigned for all year, the sport season, during competition, during practice; compare the use of the locker rooms for male and female teams; which teams have exclusive use of locker rooms, is exclusive use assigned for the entire year, for the sports season, during competition or practice only, do other teams or groups share the use of the locker room

QUALITY of locker rooms: compare the size and quality of the locker room facility for male and female teams; note any special features (laundry service, weight training, availability of trainers, accommodations for visiting teams, multimedia equipment for training and coaching)

MAINTENANCE of practice and competitive facilities: compare the quality of facility maintenance; determine who has responsibility for maintenance, and when and how often maintenance is scheduled

PREPARATION of facilities for practice and competitive events: compare the quality of facility preparation for competition and practice; whether preparation crews, students, coaches do the preparation

COMPARE all information collected and note any differences between male and female programs. IF there are disparities favoring teams of one sex that are not balanced by disparities favoring teams of the other sex, THEN corrective action should be taken. All records should be maintained.

7 Athletic Equity Component:

MEDICAL AND TRAINING FACILITIES AND SERVICES (includes weight training)

Comparing male and female teams of the same or similar sport can be beneficial in this component. For example, the need for professional as opposed to student trainers, or equal access to comparable weight, conditioning, and training facilities is not likely to vary significantly between men's and women's basketball teams. However, some variations may be justified due to the unique aspects of a sport including the injury rate or number of participants on the team. The monitor should regularly inspect the facilities used by each team (male, female, varsity, JV, B teams) and record the conditions of the facilities and list available equipment. Remember not all medical and training equipment may be readily visible; for example, ultrasound, heat or ice treatment equipment may be stored away.

There are five compliance factors to examine when monitoring this component.

The following are examples of information to collect and maintain for monitoring purposes.

MEDICAL PERSONNEL AND ASSISTANCE: compare the quality and availability of medical personnel for women's and men's teams (doctors, physiotherapists, nurses, paramedics) compare which male and female teams have physicians working with them on a regular basis, which receive annual physical exams at no personal cost; with which teams do physicians travel, which teams have physicians present at home games and practices

INSURANCE COVERAGE: compare insurance policies covering male and female athletes and any cost of the policy to the athlete

WEIGHT AND TRAINING FACILITIES: compare all weight training and conditioning facilities used by male and female teams; determine which teams have exclusive use of certain facilities, which teams have priority use, which teams share use of facilities, and which teams have use of any special facilities; compare equipment available in the training/conditioning facilities

CONDITIONING FACILITIES: see above

ATHLETIC TRAINERS: compare the quality and availability of trainers for the men's and women's teams, determine which teams are assigned professional as opposed to student trainers and which trainers are full-time and which are part-time; compare the experience and certification of trainers serving male and female teams; compare the number of male and female teams/athletes served by certified trainers, student trainers

8 Athletic Equity Component:

PUBLICITY AND PROMOTION

Newspapers, TV and other media are not required to be equally responsive to an institution's efforts to provide equivalent publicity services to male and female programs. However, the institution's own publicity and promotion must be provided without discrimination. It should be noted that during the nine years the state has given special attention to gender equity in athletics, the press coverage of women's programs has increased dramatically and media reports have contributed to public interest in ensuring equal athletic opportunity.

There are three compliance factors to examine when monitoring this component.

The following are examples of information to collect and maintain for monitoring purposes.

SPORTS INFORMATION PERSONNEL: compare the experience, training, time spent of persons assigned publicity duties for male teams and those assigned for female teams; compare the number of sports information officers or the estimated time allocated to female teams and to male teams (some institutions assign publicity duties to the athletic director, assistant AD or to coaches as a part of their overall duties, if this is the case, compare the percentage of time given to publicity for female teams as compared to male teams)

PUBLICITY RESOURCES: compare the policies, procedures and criteria for providing publicity services to the men's and women's athletic programs; determine which teams have access to the school's publicity resources (school marquee, video/projection equipment, public address system, free advertising on local media)

PUBLICATIONS AND PROMOTIONAL DEVICES: compare the quality and quantity of sports information publications and promotional services provided men's teams and women's teams; compare the promotional information (print and multi-media) supporting local male and female athletes that is provided colleges and universities; which male and female teams receive the support of the school's cheerleaders, dance/drill teams, bands or other spirit groups (how often, home and away games); compare location of trophy display cases for male and female athletics, compare male and female coverage in school newspaper, catalog, yearbook

The unique circumstances of a particular team, competitive event, or particular athlete (state champion, Olympic hopeful) may create unique demands or temporary imbalances in particular program components, including publicity. Such imbalances are permissible to the extent that opportunities for teams of the other sex are not limited. Any such temporary imbalances should be monitored to ensure they are only temporary and that members of the opposite sex are provided the same publicity under similar circumstances.

COMPARE all information collected and note any differences between coverage for male and female athletes or teams. IF there are disparities favoring teams of one sex that are not balanced by disparities favoring teams of the other sex, THEN corrective action should be taken. All records should be maintained.

9 Athletic Equity Component:

SUPPORT SERVICES

The administrative and clerical support provided an athletic program can affect the overall provision of opportunity to male and female athletes, particularly to the extent that the provided services enable coaches to better perform their coaching functions.

There are two compliance factors to examine when monitoring this component.

The following are examples of information to collect and maintain for monitoring purposes.

ADMINISTRATIVE ASSISTANCE: examine the policies, procedures, and criteria for providing support services to athletic programs and note any difference between services for the male and female programs; compare the number of administrators assigned to, and the percentage of time spent working for women's programs with those assigned to and time spent working for the men's program; compare the types of administrative services available to the men's program with the types available to the women's program (athletic directors and assistants, business managers, facilities managers, fund-raisers, team managers); compare the overall quantity and quality of the administrative assistance available to the male and female programs

CLERICAL ASSISTANCE: compare the number of secretarial and clerical staff assigned to, and the percentage of time spent working for the women's athletics programs with the number and time spent working for the men's athletic program; compare the number of female teams that share administrative, secretarial and clerical assistance with the number of male teams sharing assistance; compare the number of coaches for the female program who get clerical help with the number of coaches for the male program who get clerical assistance; compare the size of the offices and the equipment provided to coaches of female teams and coaches of male teams (photocopying machines, telephones, cell phones, access to SUNCOM, television, video players, tape recorders, computer equipment, projection equipment); compare the overall quantity and quality of the clerical assistance available to the male and female programs

When shared offices are larger than single person offices, the amount of actual office space may be the same per staff person. The relevant determination is the convenience or inconvenience of sharing an office, which may affect, for example, a coach's ability to counsel athletes.

The need for administrative, secretarial, and clerical support services may vary from team to team. The relevant determination is whether this need is met to the same extent for the total male and female programs. The source of the support is not the issue (from institution funds, voluntary, boosters), the extent to which the need is equally met for male and female programs is the issue.

COMPARE all information and data collected and note any differences between male and female athletes programs. IF there are disparities favoring teams of one sex that are not balanced by disparities favoring teams of the other sex, THEN corrective action should be taken. All records should be maintained.

10 Athletic Equity Component:

HOUSING AND DINING FACILITIES AND SERVICES

Postsecondary institution often provides special dining arrangements for athletes even when no special housing arrangements are provided. Some institutions provide housing for athletes even when no general student housing is available. Institutions are required to provide equal housing and dining facilities and services for their male and female athletes regardless of the source of financial support for these services. The measure is the benefit to the student athlete.

There are two compliance factors to examine when monitoring this component.

The following are examples of information to collect and maintain for monitoring purposes.

HOUSING: examine policies, procedures, and criteria regarding any housing facilities or arrangements for athletes (athletic dormitories, community arrangements for apartment or room space, foundation-provided housing for athletes, any special preference given in allocating dormitory space); determine differences in providing housing for men and women athletes; compare the quality of housing provided male and female athletes

SPECIAL SERVICES: compare special features available to male and female athletes (laundry facilities, reserved parking spaces, computers, house cleaning and laundry services, kitchen facilities, size of sleeping rooms, number of athletes assigned per room, location of shower and bathroom facilities and availability of study rooms)

MEAL PLANS: examine policies, procedures, and criteria regarding any dining facilities or meal arrangements for athletes; compare access to training tables, pre- post-game meals; compare any meal plans available to men's teams with those available to women's teams, including differences in the type of plan, the number of meals per week, the adequacy of the food provided and the provision of meals over vacations and school breaks

The availability and adequacy of housing and dining facilities and services requires a comparison of benefits to the male athlete as compared to benefits to the female athlete.

All records should be maintained.

11 Athletic Equity Component:

RECRUITMENT OF STUDENT ATHLETES

For this component, the budget and expenditure information is central to monitoring gender equity. Media guides often list home towns of athletes; this provides an indication of the recruitment efforts for particular teams. Consideration of the cost of recruiting outside of the geographic area may bring different information on the basis of gender; for example, coaches of women's teams in Florida have said that the cost of recruiting is more expensive for female athletes because the high schools of the state have traditionally produced a greater number of outstanding male athletes than female athletes.

Most intercollegiate coaches have some recruiting duties. Therefore, the number of coaches for each team is important in determining the number of recruitment personnel for each team and the opportunity each coach has to recruit athletes.

There are three compliance factors to examine when monitoring this component.

The following are examples of information to collect and maintain for monitoring purposes.

EQUIVALENTLY ADEQUATE FINANCIAL RESOURCES: total the recruitment funds from all sources for each team and compare the percentage of recruitment funds to male and female teams with the percentage of athletes by gender; determine whether the financial and other resources available for recruitment in the men's and women's programs are equivalently adequate to meet the needs of each program. Basically, this involves determining the availability of recruitment resources to the men's and women's programs, including SUNCOM or WATTS lines, recruitment brochures, information services, Web sites

EQUAL OPPORTUNITY TO RECRUIT: compare the policies, procedures and criteria for recruitment of student athletes in men's and women's programs; determine any differences; examine the percentage of time each member of the athletic staff spends on recruiting activities and compare whether coaches and other professional athletic personnel in the men's and women's programs are provided with equal opportunities to recruit

BENEFITS, OPPORTUNITIES, AND TREATMENT AFFORDED PROSPECTIVE ATHLETES: compare the number of subsidized visits, from any funding source, to the campus by prospective athletes and the quality of the visit (mode of transportation, entertainment, housing, meals, campus tours, persons met); determine whether any differences in benefits, opportunities and treatment offered to prospective athletes had a limiting effect on recruitment on the basis of gender of the student

Nondiscriminatory differences based on the unique aspects of a particular sport are permitted. Variations in teams needs, such as an unusually large number of students graduating in a particular year or the starting of a new team may result in an unusually large recruiting budget for that year. Conversely, a large number of returning athletes to a particular team may result in decreased spending in recruiting.

All records should be maintained.

12 Athletic Equity Component:

RECRUITMENT, ASSIGNMENT AND COMPENSATION OF TUTORS

The title of this component varies from that in Title IX and the Florida Educational Equity Act. It is easier to evaluate coaching and tutoring services separately. Therefore, Athletic Equity Component # 5 addresses coaching services and this component is limited to tutoring services.

Usually secondary schools do not provide tutors specifically for athletes. However, with the increased concentration on academic standards, some secondary schools provide these services for athletes to help them remain eligible, and to increase their potential for scholarships. All postsecondary institutions should monitor this component and if these services are offered for athletes in secondary schools, this component should be monitored.

There are four compliance factors to examine when monitoring this component.

The following are examples of information to collect and maintain for monitoring purposes.

AVAILABILITY OF TUTORS: compare the policies, procedures and criteria for making tutors available to athletic programs; compare tutor availability to the women's program with tutor availability to the men's program (time tutors are available, locations tutors are available, time lapse between needing tutoring and athlete receiving help)

TUTOR QUALIFICATIONS AND EXPERIENCE: compare qualifications and experience of tutors provided to men's program and the qualifications and experience of tutors provided to the women's program (level of tutor's academic achievement, years of experience, whether tutor's field of experience matches the athlete's subject area need)

RATES OF PAY: compare the rates of pay of the tutors provided the men's program with the rates of pay of tutors provided the women's program (note differences by gender assignment, by subject area and whether any pattern is evident to indicate tutors for athletes of one sex receive higher pay by subject than tutors for athletes of the other sex – this could be an indication of better tutors getting higher pay resulting in better tutoring services to the athlete)

EMPLOYMENT CONDITIONS: compare the employment conditions of tutors provided to the men's and women's programs (number of students tutored per session, number of students tutored per academic term, number of tutoring sessions provided by subject area, any limits on tutoring services for athletes of one sex, records of success of tutoring, terms and length of contract or agreement with tutors)

There may be nondiscriminatory differences based on the unique aspects of a particular athletic program. Not all athletes may want or need tutoring services.

All records should be maintained.

13 Athletic Equity Component:

ATHLETIC FINANCIAL ASSISTANCE/SCHOLARSHIPS

This component is included in monitoring of postsecondary institutions. The objective is to ensure that proportionately equal amounts of financial assistance are available to men's and women's athletic programs. When a college or university awards athletic scholarships, these scholarship awards must be granted to members of each sex in proportion to the number of students of each sex participating in intercollegiate athletics.

As institutions monitor this component, they are reminded of the proportionality requirement of component #1. Compliance with one component does not relieve the institution from compliance with other components.

There is one compliance factor to examine when monitoring this component.

SUBSTANTIALLY PROPORTIONATE AMOUNTS OF FINANCIAL ASSISTANCE:

Total the athletic financial assistance expenditures for each team, the total expenditures for athletes of each gender, and the total expenditures for the athletics program as a whole; compare the percentage of the total athletic assistance awarded to female athletes with the percentage of females in the athletics program and repeat the calculations for male athletes

EXAMPLE: if 45% of the participants in the athletics program are female, then female athletes should receive 45% of the athletic financial assistance; if 55% of the participants in the athletics program are male, then male athletes should receive 55% of the athletic financial assistance

The July 23, 1998, letter of clarification from the Office for Civil Rights specifies, "If any unexplained disparity in the scholarship budget for athletes of either gender is 1% or less for the entire budget for athletic scholarships, there will be a strong presumption that such a disparity is reasonable and based on legitimate and nondiscriminatory factors. Conversely, there will a strong presumption that an unexplained disparity of more than 1% is in violation of the ' substantially proportionate' requirement".

Legitimate nondiscriminatory factors may be used to explain specific factors. For example, the Office for Civil Rights recognizes that disparities may be explained by actions taken to promote athletic program development, or by differences between in-state and out-of-state tuition. Disparities may also be explained by legitimate efforts to comply with Title IX participation requirements.

IF there are disparities that cannot be justified by nondiscriminatory explanations, THEN corrective action should be taken. All records should be maintained.

DEFINITION:

GENDER EQUITY IN ATHLETICS is the fair distribution of overall athletic opportunity and resources, substantially proportionate to the enrollment of males and females, so that no student athlete, coach or athletic administrator is discriminated against in an athletic program on the basis of gender. (Rule 6A-19.004(1) FAC)

HISTORY OF STATE-WIDE COMPLIANCE EFFORTS:

1991 Florida legislative proviso language created the Athletic Study Commission to examine the need for increased athletic opportunities for female students

1992 Florida legislative proviso language provided additional time for the Athletic Study Commission to collect data to determine compliance in providing equal athletic opportunities for female students

1993 Florida legislature amended the Florida Educational Equity Act to define gender equity and require enforcement for full compliance with Title IX and the Equity Act

1994 Department of Education provided compliance-related technical assistance for all school districts and community colleges

1994 School districts and community colleges conducted self-reviews; developed and submitted 3-year plans for compliance

1995 School districts and community colleges submitted progress reports to local boards and to the Department; the Department of Education provided technical assistance

1996 School districts and community colleges continued to submit progress reports; the Department continued to provide assistance with emphasis on potential penalties for noncompliance

1997 Institutions submit 3-year compliance reports

1998 Monitoring responsibilities were returned to local institutions reporting compliance or history of continued program improvement

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