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NCAA News Release
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In Honor Of Title IX Anniversary NCAA Urges Department Of Education To Rescind Additional Clarification Of Federal Law
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For Immediate Release
Wednesday, June 22, 2005
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Contact(s)
Jennifer Kearns
Associate Director of Public and Media Relations 317/917-6117
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INDIANAPOLIS---In honor of the 33rd anniversary of the federal law that guarantees equal educational opportunities for men and women, the NCAA is again urging the U.S. Department of Education to rescind its recent Additional Clarification under Title IX.
The federal law, known as Title IX, was signed into law June 23, 1972. It stated that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
Under the new Clarification, issued via the Department of Education�s Web site March 18, without benefit of public discussion and input, schools may use an e-mail survey as the sole measure of women�s interest in athletics.
The NCAA and others strongly believe the e-mail survey suggested in the Department of Education�s clarification will not provide an adequate indicator of interest among young women to participate in college sports, nor does it encourage young women to participate � a failure that will likely stymie the growth of women�s athletics and could reverse the progress made over the last 30 years.
NCAA President Myles Brand reissued a resolution passed by the NCAA Executive Committee on behalf of NCAA membership in April.
"On the anniversary of the passage of Title IX, I want to reiterate the NCAA�s commitment to strong enforcement of Title IX and the Association�s opposition to the new clarification. The NCAA renews its call on the Secretary of Education to honor the department�s commitment to compliance of the law," Brand said. "I believe Title IX is one of the most significant higher education legislation passed in the last half century and it should not be diminished in any way."
The NCAA urged the Department of Education to honor its 2003 commitment to strongly enforce the standards of long-standing Title IX athletics policies, including the 1996 Clarification. The Committee also urged NCAA members to decline use of the procedures set forth in the March 17, 2005, Additional Clarification.
The NCAA resolution was unanimously endorsed by the Division I, II and III governance structures in meetings conducted in April at the NCAA national office.
NCAA Executive Committee Chair Carol Cartwright said at the time the resolution was passed, "The Executive Committee looked at the fact that the resolution was unanimously supported by our governance structures, which speaks to our beliefs and our values in the support of women and their athletic opportunities. The resolution reaffirms our strong commitment to the enforcement of Title IX policies on our member institution campuses."
The Knight Commission voted unanimous support for the resolution. The National Coalition for Women and Girls in Education also is urging withdrawal of the clarification. In addition, the Save Title IX Coalition is hosting an event today (Wednesday, June 22) in conjunction with the anniversary at 11:30 a.m. Eastern time in Washington, D.C. Slated speakers include Senators Edward M. Kennedy, Patty Murray and Hillary Clinton; Representative Nancy Pelosi and Olympic Gold Medalist Dominique Dawes.
The NCAA Executive Committee Resolution reads as follows:
Whereas the U.S. Department of Education, without notice or opportunity for public input, issued an "Additional Clarification of Intercollegiate Athletics Policy: Three-Part Test � Prong Three," on March 17, 2005, which Clarification allows schools to gauge female students� interest in athletics under the third prong of the three-part test by conducting an e-mail survey and further allows schools to treat a lack of response to the survey as a lack of interest in playing additional sports;
Whereas the Additional Clarification is inconsistent with the 1996 Clarification and with basic principles of equity under Title IX because it, among other problems (a) permits schools to use surveys alone, rather than the factors set forth in the 1996 Clarification, as a means to assess female students� interest in sports; (b) conflicts with a key purpose of Title IX � to encourage women�s interest in sports and eliminate stereotypes that discourage them from participating; (c) allows schools to restrict surveys to enrolled and admitted students, thereby permitting them to evade their legal obligation to measure interest broadly; (d) authorizes a flawed survey methodology; (e) shifts the burden to female students to show that they are entitled to equal opportunity; and (f) makes no provision for the Department of Education to monitor schools� implementation of the survey or its results;
Whereas for these reasons, the Additional Clarification provides the opportunity to evade the legal obligation to provide equal opportunity in sports and violates the Department�s 2003 commitment to strongly enforce long-standing Title IX standards;
Now, therefore, be it RESOLVED that:
(1) NCAA members are urged to decline use of the procedures set forth in the March 17, 2005, Additional Clarification and abide by the standards of the 1996 Clarification to evaluate women�s interest in sports under the third prong of the three-part test, which standards anticipate the use of a multiplicity of tools and analyses to measure that interest;
(2) The NCAA Executive Committee, on behalf of its members, urges the Department of Education and federal policymakers to rescind the Additional Clarification and to honor the Department�s 2003 commitment to strongly enforce the standards of long-standing Title IX athletics policies, including the 1996 Clarification.
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