Title IX: the First Year, by Barbara Forker

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I agreed to be on this panel many months ago, we were eagerly the final guidelines for Title IX to emerge from HEW--progress and arrive in our hands by I probably would

anticipating to President

Ford's office for his signature Why I was so naive,

the end of January. not have accepted failed to emerge,

I don't know.

this task so readily, however. I looked at Iowa State University

When the guidel ines and real ized I didn't
0

have 10 minutes worth of say. Title IX. No admininstrator

,J:..wJ, No one1Jumpe d to • 1 ement any part Imp
appeared even the slightest weren't

f

bit intimidated etc. I could

by the threats posed if certain practices possibly attributed frustrated
r

equalized,

reiterate a couple of actions which possibly to Title IX or the women1s movement.

could have been
r

Because

have been

on many occasions

to get the show on the road at my university, to find out just exactly what

decided

this would be a good opportunity

selected members of the administration the first printing of Title to the following people: President Athletic

think has happened as a result of the future. wrote

IX and how do they foresee

The University The Associate The following

- he did not answer,

The Vice President

for Finance - he did not answer, Director - he did not answer.

did answer: for Academic and, Affairs, and Public Relations,

The Vice President The Vice President Th~ Athletic The Affirmative

for Development

Director;

Action Officer.

-2-

It was obvious you are in a similar how Title positions

that there wasn1t a great deal to say but perhaps situation,

if

it may help us all gain some insight into by various peoples in various

IX has affected on campus.

us as perceived

The Vice President There

for Academic

Affairs

had this to say:

is no question

that Title

IX has made uS more involving decision

alert to the need to reevaluate student athletes. to combine Although

all programs

Iowa State University's of Physical Education

the Department

for Women

with the Department prior to Title strengthen

of Physical

Education

for Men was made IX helped to

IX, the implications

of Title

our convictions. program

We hoped to improve the quality in physical education, including

of our instructional recreation,

leisure services,

and intramural

athletics.

In my opinion,

the two departments

had identical missions.

hoped that both programs expertise of ideas. students

would be improved by combining a forum for interchange the faculty. and the

and skills and by creating I believe

that the university,

have benefited

from this reorganization. IX encourages other universities departments to are

hope that Title follow this example. segregated

No other university

on the basis of sex.

Men and women

should be able

to /1 earn that sports as we 11 as inte 11 ectua I act ivi ties can be enjoyed in mixed company. Mixed recreation and sports (hiking,

golf, tennis, swimming,

volleyball,

etc.) encourage department,

healthier in my opinion,

lifelong family activities.

A combined

-3should help to remove traditional inhibitions held by both in recrea-

sexes and encourage more active participation tional endeavors. Title IX has certainly women's athletics. participate cognizant

improved the visibility

of

This, in turn, has encouraged Universities

women to

in athletics.

have become more coaching, housing,

of the need to provide adequate and physical facilities

transportation, athletes.

for women student-

In addition, are beginning

the sports pages of our leading newspapers emphasis upon the feats With rare

to place well-deserved

of women athletes exceptions

(amateur and professional).

(women1s basketball

in Iowa), stories write,n about

athletic contests page (at best).

involving women used to be placed on the last I bel ieve this change, in itself, will encourage

women to utilize their athletic spectator interest.

skills and will create more

The Vice President Speaking,

for Development

and Publ ic Relations

said:

then, from the general point of view, I certhat will bring changes

tainly recognize Title IX as something and a new dimension business.

to a good many facets of the university's I just see it as a fact of life to in a variety of

In my own thinking,

which must be recognized and accommodated ways in the years to come. where.

It won't come with a rush every-

There will be backing and filling and no doubt some

errors made as we inject this new factor into some long established habits and programs.

I have no good reading at all on how great the strains will be as we accommodate in a t hle t lcs than anywhere Perhaps to Title IX. They will be greater
If

else, won't they? response

this would be a typical

from this office--not

much

you can get a handle on, is there? The Athletic Director takes a different~ He reveals himself director with these

very clearly--perhaps thoughts.
II

you may also have an athletic

I have spent many days and nights on trying to figure out Title athletics IX and how it would affect men"s in the future. concerned intercollegiate athletics of Title which, IX to

We in intercollegiate about the implications to our athletic

are extremely

as it has been ascribed our knowledge,

program;

receive no direct financial Title IX, in effect,

support permits

from the HEW to

Federal government. impose standards receiving Federal

for "any educational financial

program or activity

assistance." conc~ing the authority programs It appears of

We have great HEW under Title not recipients was planning

reservations

IX to regulate athletic of Federal assistance.

which a~e to us HEW

to administer mandates assistance

formal regulations

containing

broad and ambiguous Federal financial widest discretion

leaving to those who administer to educational institutions the

to interpret and implement Such an approach athletics

the regulations

as they please. of intercollegiate

places the administrators position of

in the unfortunate is required

being able only to guess at what

in order to

-5satisfy HEW's view of the law. regulations We are very sensitive about

created by people not knowledgeable Weinberger regulattions standards, and Gwen Gregory.

in our field,

such as Secretary The proposed

are vague, ambiguous, with the result that:

and (a) educa-

lacking in specific tional institutions the specific

are denied the opportunity

to comment on in seek-

requirements

which DHEW will in fact apply institutions

ing compliance; minimal guidance

(b) educational

are denied even in

as to how they must conduct themselves

order to comply with the law and (c) enforcement will be subjective tional institutions and erratic, to arbitrary potentially

necessarily educa-

subjecting

and unfair refusal or termi-

nation of Federal funding. The regulations authority Welfare delegated by Title regarding athletic to the Department programs exceed the Education and

of Health,

IX, are not rationally

related to the objecby fact in that they programs, procedures

tives of Title

IX and are not supported

fail to provide for and seek to prohibit and classifications

which have a rational basis in fact and on the basis of sex. compel education institutions to eliminate in

are not discriminatory The regulations differences

in athletic

programs which result from differences by particular sports activities, authority and will of both

the' levels of income generated they are arbitrary, seriously sexes.

exceed DHEW's statutory programs

damage athletic

for student-athletes

-6-

Peter Holmes, Director

- Office of Civil Rights, regulations approximately in the athletic I think the

states that under the proposed the same percentage program majority

of women participating as men.

should be on scholarship of the colleges

in Division

I could never Iive with financial aid in all

this regulation

even if they eliminated of football.

sports with the exception that· if revenue producing

This would still mean

sports were not treated differently would have to give 105 intercollegiate athletics. alone

from other sports, our institution scholarships somewhere to women's

This would cost almost $300,000 just for scholarships

since most of our Div·ision I schools have 105 on full scholarship aid. Our men1s department has already suffered and has problems - prime time. have

with the sharing of facil ities equally kept our $3.50 activity and purposely fee per quarter

the same for 19 years

did not try to raise the fee so our students in large numbers. This fee

could attend our sporting events should have been doubled Athletic Department

in the last few years giving our $150,000. Now all of a

an additional

sudden, the Board of Regents to $4.50 and it doesn't
I

increases the fee from $3.50

look like any of this money will come athletic department. and I

to the men's

intercollegiate

There are many questions

that should be answered

am certain no one will have these answers until the interpretations are clarified in the near future. Some of the

-7questions that I am personally be proportionate interested in are: must

expenditures

to student body composition on a per participant equip-

or must they be equal or comparable basis? How are the expenses

of shared facilities,

ment and staff to be allotted?

If more is spent on grantimbalance exists with

in-aid for one sex, but an equivalent regard to expenditures is the non-discriminate is required-with non-compl iance? required entrance

for any facilities mandate of Title

for the other sex. IX satisfied? What constitute athletic programs What

regard to expenditures?

Are both men1s and women1s

to have the same rules and regulations, requirements, eligibility requirements,

such as etc.?

The Affirmative

Action Officer

said: am including some of

As requested my thoughts

in the above memo,

relative

to the subject of "Title

IX--The First

Year." as follows: I. Implementation of Title IX by colleges and un i ve r
r

sities during the first year will vary according the current tions. structures and programs

to

of these institu-

In general,

I think the major thing which one

can expect during this period will be confusion-confusion approaches based on resistance and confusion to even considering new

based on lack of specificity relative to their applicability

in rules and regulations to particular problems.

-8II. In addition be expected, see: A. Attempts and successes in effecting mergers of to general confusion, more specifically which can normally

I think that one will

PEM and PEW departments exist. (Advantage

where they currently disadvantage - loss

- economics;

of chairmanship, B.

chairwomanship

or head designation.)

Confl icts in attempting favorable facilities.

to schedule use of more (Major courts, tracks, and

pools traditionally C. Changes

reserved for male sports.) of athletic councils. disadvantage or if -

in composition

(Advantage dominated constant equally D.

- comprehensive by male-oriented

planning;

sports enthusiasts on decisions

struggle and stalemates

balanced between males and females.) approaches programs in determining for females. equitable and/or

Different comparable

(Pools of general potential committees.) standards

student bodies, participants, E. Conflicts

interested

bystanders,

elected and/or appointed

and possible

suits over different

for awarding academics.) F. Upgrading

scholarships.

(Athletic prowess vs

locker room facilities

through

remodel ing

to achieve comparabil ity.

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