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40 years later, Title IX is still fighting perception it hurt men's sports

Mention Title IX and most people think of its impact on college athletic programs, primarily, say coaches, because it is blamed for cuts in men's sports. Supporters say that's a bum rap.

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Martha Irvine/AP
Members of the New Trier High School girls' soccer team prepare for a game in the Illinois High School Association girls' soccer tournament in Skokie, Ill. Girls like these are reaping the benefits of Title IX, the federal amendment that opened up sports opportunities to girls and women 40 years ago.

Say 鈥淭itle IX鈥 鈥 the landmark gender equality legislation marking its 40th anniversary June 23 鈥 and most folks these days will respond, 鈥渟ports.鈥

While this 鈥渓ittle聽statute鈥 鈥 one small provision in an omnibus education bill 鈥 actually targets聽parity across the聽entire education landscape, for most people it has become inextricably linked with its impact on school athletic programs.

That鈥檚 largely because, say many coaches and athletic directors who have weathered these years, Title IX has often been blamed for cuts in men鈥檚 programs. But, supporters say, that is a bum rap.

鈥淭here are many myths and preconceptions about Title IX that hinder its effectiveness,鈥 says聽Metropolitan State College鈥檚 Joan McDermott, in Denver, a rare female聽athletic director at the higher education level and a veteran of the聽battles over changes required by the law.

鈥淭hat鈥檚 because when a men鈥檚 sport聽gets dropped, most people say, it鈥檚 because of Title IX when that鈥檚 just not true,鈥 she says. 鈥淚t鈥檚 because of budget choices by the administration, so that鈥檚 an ongoing rap that Title IX gets.鈥

The聽Office for Civil Rights of the聽US Department of Education has聽guidelines for compliance with Title IX, the main one of which requires聽sports participation聽that is proportional to the gender balance in the school鈥檚 population. But according to the American Sports Council (ASC) in Washington,聽a nonprofit coalition聽of coaches,聽parents, and athletes,聽Title IX聽hurts men鈥檚 sports, in part due to this requirement.

鈥淲hen schools have too few female athletes (i.e., the percentage of females enrolled exceed the percentage of athletes), they鈥檙e presumed noncompliant. They鈥檙e then forced to create the illusion of substantial proportionality by denying men the opportunity to participate,鈥 writes ASC advisory board member Karen Owoc, on the nonprofit鈥檚 website.

This means, she continues, that many women鈥檚 teams have not been helped, 鈥渂ut rather, men have been hurt.鈥

The聽Fairness in Sports Foundation site catalogues a long list of men鈥檚 programs that have been cut, it states, due to Title IX requirements.

The numbers however, tell a聽different story. Regarding collegiate sports, Title聽IX focuses on access and participation. In a list of FAQ鈥檚 on its website seeking to refute allegations that Title IX has hurt men鈥檚 athletics,聽the NCAA points out that since the law's inception, both male and female participation in college sports have increased.

Just between 2002 and 2011, the NCAA says, the number of men in college sports increased聽by 38,482 between 2002 and 2011. During that same period, the number of females went up by less, some聽32,662.

The NCAA also points out that nonrevenue men鈥檚 sports are often cut to provide more funds for the two big revenue sports, football and basketball. In 2006, for instance, Rutgers University dropped men's tennis, a team with a budget of approximately $175,000. The National Women's Law Center points out that Rutgers spent about $175,000 in the same year on hotel rooms for the football team 鈥 for home games.

The biggest ongoing misconception about Title IX is that it's a law against men, says Robert Schneider, author of the textbook, "Ethics of Sport and Athletics: Theories, Issues, and Practice." In fact, he says via e-mail from Turkey, where he is聽presenting a paper on Title IX at a conference, 鈥渋t's a law that requires universities to make choices as to the sports they will offer for men and women in a way that allows for equal participation by both men and women.

The law itself, notes Professor Schneider, who teaches sport management at The College at Brockport in New York, 鈥渞eceives an 鈥楢.鈥 Enforcement of the law receives a 鈥楥.鈥 And depending on the university, following the letter and spirit of the law ranges from an 鈥楢鈥 to an 鈥楩.鈥 鈥 Some universities adhere completely to it, he notes, while 鈥渙thers make every effort to circumvent it.鈥

From its inception, opponents such as the late Sen. Jesse Helms, sought to eliminate it. Title IX has fought off attempts to weaken it in the courts, in Congress, and in the executive branch, says Erin Buzuvis, professor of law at Western New England University in Springfield, Mass., and co-founder of .

鈥淚t endures a constant barrage of misinformation promoting the myth that Title IX鈥檚 gains have come at the expense of men,鈥 she notes via e-mail.聽For instance, though men鈥檚 athletic opportunities have, like women鈥檚, steadily increased over the last 40 years, many blame Title IX for the fact that some schools and colleges choose to concentrate men鈥檚 athletic opportunities in the large-roster sport of football rather than offer men a more diverse array of opportunities.

Those who have labored in the trenches from the law鈥檚 inception say it has been worth the fight.

鈥淲e used Title IX as a way to push for what we deserved,鈥 says Vicki Staton, the former Washington & Jefferson College head women鈥檚 basketball and volleyball coach, who coached from 1975 to 2003.

In 1975, she was one of the few coaches in western Pennsylvania recruiting at a time when local high schools did not provide for women to play sports. 鈥淭here were many nights when I would think to myself 鈥榃hat am I doing this for?鈥 鈥

She says she once asked a local sports reporter, 鈥 鈥榃hy don鈥檛 you cover our team?鈥 and his response was 鈥楥鈥檓on, it鈥檚 women鈥檚 sports.鈥 鈥 Ten years later, she says, 鈥渉is daughter attended my youth basketball camp.鈥

鈥淚t鈥檚 been a long process, she says, 鈥渂ut we have always just been fighting for a chance to participate and showcase the athletic skills young women possess.聽Without Title IX, I don鈥檛 think that would have ever been possible.鈥

Education about the law is the ball that was dropped from the start, says聽Ellen J. Staurowsky,聽a professor聽of Sport Management at Drexel University in Philadelphia, who co-authored a 2010-11 study of some 1,100 coaches and athletic directors to determine their knowledge聽of Title IX.

This was the first study of its kind, she points out, and notes that 鈥渨e found that there was very little actual grasp of the specific requirements of the law.鈥澛燨ne of the most important requirements聽鈥 a Title IX coordinator聽at every school to聽facilitate programs for every constituency 鈥 鈥渨as simply never done,鈥 she says, adding, 鈥渁nd so聽the kind of mass education that was supposed to happen around Title IX聽never took place.鈥

It is not enough for the DOE鈥檚 Office for Civil Rights聽to say schools do not have to cut men鈥檚 sports to be in compliance with the law, she says, adding, 鈥渨hile that is true, that is not sufficient to get people to believe otherwise.鈥

The proof is in the numbers, she says.

In a typical elite Division I school, some 80 percent of all sports funds go to two men鈥檚 sports, football and basketball.聽On the other hand, she notes that at a typical Division 3聽school, 70 percent聽of money for men鈥檚 sports goes to a wide array, with only 30 percent spent on those two sports.

鈥淭hose are聽administration decisions, not Title IX,鈥 she says, so the sooner 鈥渨e聽begin to have a more accurate discussion about Title IX, the healthier it will be for the next generation.鈥澛

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