2. When charges of discrimination are filed, the plaintiffs usually base their arguments on: Equal Protection and Due Process… State equal rights amendments… Some form of federal Civil Rights legislation…
5. Men ’ s Sport Culture Large, well organized, well funded hierarchical system * Community-based Youth Sports Programs * Intercollegiate level sports * Interscholastic Sports “ The Dream ” Professional Sports Model Values: --Strength, power, competition, survival of the fittest, opponent is the enemy, financial rewards --idealized, promoted, rewarded successful, elite athletes --established “ The Dream ” of a professional career in sports --Viewed mass participation as a tool of exclusion used to weed out the weak and generate a spectator fan base
6. Women ’ s Sport Culture Physical Education/Olympism Model Promoted participation regardless of ability and emphasized lifelong commitment to wellness Enjoyment Controlled: social form of competition Healthy Recreation Values --Self-development, opponent viewed as a “ devils advocate ” pushing athletes to higher level of play --stressed cooperative teamwork over individual elitism -- ” Pay for Play ” did not exist and was viewed as corrupt and undesirable -- “ A sport for every girl and every girl in a sport ”
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9. When women ’ s programs began to be introduced at the high school and college level….. The design of those programs reflected a lack of access to financial and facility support: Historically…
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14. Title IX Education Amendments of 1972 20 U.S.C. 1681 et. Seq. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational programs or activity receiving federal financial assistance. -- From the preamble to Title IX of the Education Amendments of 1972
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23. In addition to Title IX, three pieces of supporting and related legislation have been enacted: The Women's Educational Equity Act of 1974 provides for federal financial and technical support to local efforts to remove barriers for females in all areas of education through, for example, the development of model programs, training, and research. Title IV of the Civil Rights Act of 1964 provides for support to schools to comply with the mandate for nondiscrimination by providing funds for regional Desegregation Assistance Centers and grants to state education departments for providing more equitable education to students. The 1976 amendments to the Vocational Education Act of 1963 require states to act affirmatively to eliminate sex bias, stereotyping, and discrimination in vocational education
34. Courtesy of Women ’ s Sports Foundation NCAA RESEARCH SITE http://bailiwick.lib.uiowa.edu/ge/REresources.html
35. General Accounting Office Study on NCAA & NAIA men ’s teams 1981-1982 1998-1999 Difference # of men ’ s teams 9,113 9,149 +36 teams # of male student athletes 220,178 231,866 11,688 (+5%) GAO 1999 http://bailiwick.lib.uiowa.edu/ge/REresources.html
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39. * Wrestling -99 * Tennis -53 * Rifle -33 * Gymnastics -32 * Fencing -23 Swimming/diving -22 * Lost teams in all 3 divisions NCAA men ’s teams (all divisions): greatest number lost 1988-2002 NCAA 2003 data http://bailiwick.lib.uiowa.edu/ge/REresources.html
44. Daniel L. Fulks, 2001 http://bailiwick.lib.uiowa.edu/ge/REresources.html
45. Daniel L. Fulks, 2001 http://bailiwick.lib.uiowa.edu/ge/REresources.html
46. Comparison of Gender Equity Survey (92) and EADA (97, 02) Division IA Female undergraduate population in Division IA: 52% From the Chronicle of Higher Education http://bailiwick.lib.uiowa.edu/ge/REresources.html 1992 1997 2002 Male Female Male Female Male Female Participation 71% 29% 66% 34% 56% 44% Scholarships 72% 28% 66% 34% 59% 41% Op. Budget 80% 20% 79% 21% 71% 29% Recruiting 84% 16% 75% 25% 70% 30%
47. Changes in operating expenses NCAA gender equity survey results Division I-A 1992 1997 Increase Men 1,049,000 2,429,000 1,380,000 Women 263,000 663,000 400,000 Division II 1992 1997 Increase Men 190,470 177,500 -12,970 Women 73,300 91,500 18,200 Division III 1992 1997 Increase Men 112,400 127,200 14,800 Women 56,120 73,400 17,280 NCAA data http://bailiwick.lib.uiowa.edu/ge/REresources.html
54. NCAA Gender Equity Report Travel, equipment, uniforms NCAA Gender Equity report 2001-02 Division Men Women I-A 67 33 I-AA 61 39 I-AAA 54 46 All D-I 64 36 II 58 42 III 58 42
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57. Equal pay and/or wrongful termination Sex discrimination. Earned $70,000, seeks parity with men ’s coach, seeking $8 million and reinstatement. Marianne Stanley v. USC Pending, filed Aug. 5, 1993 1 st amendment and breech of contract. VB coach assisted players settle lawsuit, awarded $1.35 million and undisclosed amount of punitive damages. James Huffman v. California State University System Feb. 8, 1994 Jury decision Sex discrimination lawsuit, first Title IX case awarding monetary damage, $1.1 million. Sanya Tyler v. Howard U June 23, 1993 Jury decision
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62. Since its passage in 1972, Title IX has had a profound impact on helping to change attitudes, assumptions and behavior and consequently, our understanding about how sexual stereotypes can limit educational opportunities. We now know, for example, that gender is a poor predictor of one's interests, proficiency in academic subjects, or athletic ability. As the First Circuit Court of Appeals noted in a recent Title IX case, "interest and ability rarely develop in a vacuum; they evolve as a function of opportunity and experience." Decision making in schools and in the labor market that relies on gender to assess what students and employees know and are able to do is both archaic and ineffective. http://www.ed.gov/pubs/TitleIX/part4.html#math&science