The thrill of victory, the agony of Title IX: the challenge of compliance.

Whisenant, Warren A. ; Stretcher, Robert

CASE DESCRIPTION

The purpose of this case is to present the dilemma many universities face as they attempt to ensure gender equity within their athletic programs. The case allows students the opportunity to examine the operating budget for a Division I-AA institution and make recommendations regarding how to best fund additional sport programs to achieve Title IX compliance. The 2001-2002 Operating Budget for an athletic department as well as NCAA Division I-AA institutional data are provided. Selected demographic data for the university is also available. The case has a difficulty level appropriate for senior or first year graduate sports management or related courses. The case is designed to be taught in two class hours and is expected to require three hours of outside preparation by students.

CASE SYNOPSIS

The university's athletic program is not in compliance with Title IX. The critical decision to be made by the athletic director is how to best allocate funding to support sports programming that meet the needs and interests of the university, the students, and surrounding community. No incremental funding support is available from the university. In the past, such decisions were based on the emotional case for maintaining football and other men's sports. Funding and full compliance with Title IX can be accomplished, basing all decisions on the financial strength of individual sports.

INSTRUCTORS' NOTES

Case Overview

Athletic Director Gary Vega was prepared for a low impact summer until the senior women's administrator entered his office to inform him that the new University President was concerned with the athletic program's level of compliance with Title IX. He was familiar with the struggles of other Division I-AA athletic directors were facing in meeting compliance. Knowing there would be no incremental funding from the university, he would have to achieve compliance with minimal impact on the other sports.

SUGGESTED TEACHING APPROACH

This case is best used to illustrate the dilemma faced by director of athletics concerning compliance with Title IX while simultaneously dealing with tightening state budget and a persistent budget deficit in the school's recent past.

The primary objective for the reader is to determine the current level of Title IX compliance in terms of 1) participation, 2) scholarships, and 3) other benefits.

SUGGESTED QUESTIONS

1. Identify the three major categories analyzed for Title IX compliance.

A. Accommodation of interests and abilities (sport offerings)

1). Provide men and women participation opportunities proportionately to the enrollment rates of full-time undergraduate students:

a.. The percentage of student athletes by sex should mirror the undergraduate enrollment of fulltime students. A California court case established a 5% variance as acceptable under that state's law. The Office of Civil Rights (OCR) has no established range for compliance.

b. When a school has football, which has far more athletes than other sports, women will most likely have more teams than men to be compliant.

2). Demonstrate a history of continuing to expand opportunities for the underrepresented sex:

a. The OCR will consider the institution's past efforts for adding sports for the underrepresented sex; policies for addressing student interests in adding sports; and a strategic plan which allows the institution to monitor its level of compliance and policies for addressing inequities.

3). Fully accommodate the interests and abilities of the underrepresented sex:

a. Compliance may be achieved if the institution identifies and acts upon the interests of the underrepresented sex provided those interests (sports) are offered withi9n the school's normal competitive region.

B. Athletic financial assistance (scholarships)

1). Total scholarships are to be divided in proportional to the participation of men and women in the athletics program:

a. Total funds available should be allocated based upon participation rates, i.e. if 40% of the student athletes are women, then 40% of the scholarship dollars should be allocated to women.

C. Other program areas (everything else)

1). Equipment and supplies

2) Scheduling of games and practice time

3). Travel and per diem allowances

4). Tutoring

5). Coaching

a. Total dollars spent on coaches should be proportional to participation.

6). Locker rooms, practice and competitive facilities

7). Medical and training facilities and services

8). Housing and dining facilities and services

9). Publicity

10. Support services

11). Recruitment of student athletes

a. Total dollars spent on recruitment should be proportional to participation.

2. Assess the level of Title IX compliance with respect to each of the three major categories analyzed for compliance:

a. Accommodation of interests and abilities (sport offerings).

b. Athletic financial assistance (scholarships).

c. Other program areas (everything else).

a. Accommodation of interests and abilities (sport offerings)

1). The athletic department is not compliant since 58% of the students are women and only 33.8% of the student athletes are compliant.

2). Again, the department is not in compliance since it has been five years since a women's team had been added and no plan was in place to reassess compliance.

3). Since Soccer is offered within the Conference, Soccer may be an appropriate addition to the program.

b. Athletic financial assistance (scholarships)

1). The department may be in compliance, since women have approximately 35% of the scholarship funds ($381,794) which is close to their participation rate of 33.8% , provided the funds were equally distributed among men and women who participated in Track & Field and Golf.

c. Other program areas (everything else)

1). Coaching: excluding the co-ed sports, total dollars spent on coaches is proportional to participation (women coaches are paid $202,080 for 30% of the salaries and their participation rate was 28%).

2). Expenditures on the women's sports may not be compliant since the amount spent on matching sports is greater for men than women.

a. Men's Basketball = $95K vs Women's Basketball = $65K

b. Baseball = $50.9K vs Softball = $26K

3. To what extent will the department be in compliance if it adds Soccer for women?

a. The department will meet one test for compliance by adding a new sport for women. Based upon the actions from five years earlier, the school may be able to suggest an ongoing effort to improve opportunities for the underrepresented sex. However, the participation rate will still lag behind at 38.5% vs the 58% level for undergraduate women.

b. Scholarships shift to favor women from 35% to 40.2% while the new participation rate for women would be 38.5%.

c. Coaches' salaries (excluding the non-gender sports) will remain compliant at 35.8% for women while the participation rate would be 35.3%.

d. Miscellaneous note: the revenue a sport produces for the department is not a factor in determining compliance.

e. Additional actions may include:

1). Balance the operational expenses for men's basketball and baseball with the expenses for women's basketball and softball.

2). In addition, funding for Soccer may come from men's basketball and baseball.

3). Establish a review process and strategic plan to monitor compliance ongoing to address future inequities. Included with the plan is surveying the student body to identify sport interests of women.

4). Encourage the conference to pursue other women's sports.

The case is not especially technically difficult, although it does challenge the reader to solve the necessity of expansion to accomplish compliance with this part of the Education Amendments Act of 1972. It is set in an increasingly problematic budget condition, and will usually invoke an emotionally charged discussion in class; and an excellent learning opportunity.

Warren A. Whisenant, University of Houston Robert Stretcher, Sam Houston State University