Hello:

Unfortunately the executive branch in the government is not responsive
enough to alter or fine tune policies that would have prevented the
dropping of so many men's sports.  Keep in mind that the vast majority
of football programs report a half a million dollar or more loss each
year.  Therefore the athletic administrators look to dropping the sports
that cost in the neighborhood of one hundred thousand and receive the
benefits of eliminating the male slots on those sports.

I had the pleasure of hearing a presentation from Dona Lopianno (Women's
Sports Foundation C.E.O.) this past weekend.  Very interesting to hear
her perstective on the implementation of Title IX.

This issue will continue to be around until a coalition of athletic
adminsitrators begin to properly administered their budgets in a way
that reflect the reality on the ground.  Meaning that a team that loses
a half a million is far more harmful than a small men's team that does
not draw much revenue but only costs one hundred thousand or less.

Thanks,

Tim Willis, Esq.
(770) 908-2177


-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Cathy Sellers
Sent: Tuesday, March 14, 2006 12:10 PM
To: t-and-f@lists.uoregon.edu
Subject: RE: t-and-f: Title IX fight


I would agree that men's sports have been unfairly lost, however, I
contend that it is not Title IX that has caused it, but poor financial
decisions by the Universities.  Men's programs get dropped when
Universities hire new male coaches at outrageous figures.  The
University can not maintain their current sports due to these salary
increases, the law prevents them from eliminating women's sports, so
men's sports are cut.  The cause is not Title IX is not to blame.

Catherine Sellers
United States Olympic Committee
Manager,  Coaching
1 Olympic Plaza
Colorado Springs, CO 80909
719.866.3236
FAX- 719.866.4850
 
Get Olympic Coach magazine at:
http://coaching.usolympicteam.com/coaching/ksub.nsf

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of
[EMAIL PROTECTED]
Sent: Monday, March 13, 2006 8:53 PM
To: t-and-f@lists.uoregon.edu
Subject: t-and-f: Title IX fight

"Supporters of Title IX policy reform argue that men's teams have been
unfairly lost in the last few decades. Some coaches say Title IX
discriminates against men. They say a loss of sports opportunities, such
as wrestling teams, can be blamed on Title IX's proportionality
requirement.

"A 1997 report released by the Department of Education carries a
different opinion: "It is important to recognize that there is no
mandate under Title IX that requires a college to eliminate men's teams
to achieve compliance...the regulation is intended to expand
opportunities for both men and women."




http://www.jaxdailyrecord.com/showstory.php?Story_id=44715


03/13/2006

Title IX supporters fight policy change



Attorney, Florida Coastal School of Law professor and former Olympic
swimmer Nancy Hogshead-Makar is a local expert on Title IX. She's part
of a national push by Title IX supporters asking for a recent policy
change to be revoked.

by Liz Daube

Staff Writer

Women's education and sports organizations are leading a national effort
to fight a policy change that they believe threatens Title IX. The
Department of Education issued a Title IX clarification last year that
allows schools to assess female student interest in sports with an
e-mail survey.

According to the campaign's Web site, www.savetitle9.com, "The
Department of Education has made a major change to the Title IX policy
that threatens to reverse the progress women and girls have made. The
Department's latest 'clarification' ignores long-time policy and years
of court rulings by telling our daughters they have to prove they are
interested, while male athletes have never had to prove their interest."

The policy lets schools send a mass e-mail survey to all their students.
Girls who don't respond can be counted as uninterested in sports and
that doesn't sit well with Nancy Hogshead-Makar, a Florida Coastal
School of Law professor and attorney who has joined the battle against
the new policy. She writes position papers and provides guidance on
sports and education equality law to parents, attorneys and reporters.

"The survey is flawed," said Hogshead-Makar, adding that surveys usually
don't receive many results and e-mail accounts are often clogged with
spam. "It (the survey) is biased to produce a certain result."

Title IX is a 1972 amendment that attempts to create equal school sports
opportunities for women by prohibiting sex discrimination in schools
with federal funding. Schools can prove that they're complying with the
law in three ways. First, schools can show that women and men in their
student population both have a proportional number of sports
opportunities. Essentially, if 50 percent of a school's students are
men, proportionality dictates only 50 percent of the school's athletes
should be men.

The second option allows the school to show a continuous history of
improvement - which, according to Hogshead-Makar, is "pretty tough after
34 years."

The recent policy change applies to the third method, in which a school
shows they are meeting the interests and abilities of their students.

As a former Olympic swimmer, Hogshead-Makar has both professional and
personal interest in Title IX policy.

"I owe my Olympic medal to this one law," said Hogshead-Makar. She
explained that when she was younger, she believed women reached their
athletic peak at age 17. "I thought women didn't get any better
physically - not making the connection that they didn't improve because
there was no place for them to go. There were no opportunities."

Then, according to Hogshead-Makar, Title IX changed everything. She
received an athletic scholarship to Duke University, where she continued
to train. At age 22, she won an Olympic gold medal in the 100 meter
freestyle.

Hogshead-Makar said she wants the survey policy revoked because it
doesn't produce an accurate measure of female student interest or
address the needs of future students. She added that the schools need to
survey the population from which they recruit.

Supporters of Title IX policy reform argue that men's teams have been
unfairly lost in the last few decades. Some coaches say Title IX
discriminates against men. They say a loss of sports opportunities, such
as wrestling teams, can be blamed on Title IX's proportionality
requirement.

A 1997 report released by the Department of Education carries a
different opinion: "It is important to recognize that there is no
mandate under Title IX that requires a college to eliminate men's teams
to achieve compliance...the regulation is intended to expand
opportunities for both men and women."

Hogshead-Makar said Title IX looks at the number of opportunities to
play sports. In other words, the law cares about the number of athletes
participating in any school sport, not the number of teams.

Genuine interest is another argument leveled against Title IX. Some
opponents contend the law is unfair because men want sports
opportunities more than women.

Studies have shown, however, that women are playing sports far more than
they used to - and Title IX opportunities may be the cause. A 2002 study
by the National Federation of High School Athletic Associations found
that women's high school sports participation increased 847 percent
since Title IX was enacted. The National Collegiate Athletic Association
found their female participation doubled between 1982 and 2001.

"This sort of stereotype that girls just aren't interested in sports is
just nonsense," said Hogshead-Makar. "If you hire the coach and provide
the opportunity, you find athletes who are ready and willing to play."

Supporters of Title IX say the importance of providing women with sports
opportunities extends beyond recreation, as well. A Women's Sports
Foundation report found that girls who participate in sports have lower
rates of pregnancy, suicide and some drug use. In addition, the report
said female athletes get better educations by attending class more
often, spending more time on homework and taking honors courses.

"We have to remember that when we have sports opportunities, they're
akin to math opportunities," said Hogshead-Makar. "The reason we have
them in schools is that we think sports makes better kids. In my case
it's an elite athlete story, but I think what's most important is just
that people have that experience."

For lawyers interested in learning more about Title IX, the American Bar
Association plans to hold a teleconference called "Title VII vs. Title
IX: The Differences and Why They Matter to Your Case" on April 27. More
information is available at www.abanet.org.





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