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California Community College Athletic Association

California Community College Athletic Association. Title IX: Athletics Diane Henry, M.A., M.Ed. Dean of Physical Education/Athletic Director Cypress College Long Nguyen, Ph.D. Faculty, Physical Education Cypress College. Patsy Mink.

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California Community College Athletic Association

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  1. California Community College Athletic Association Title IX: Athletics Diane Henry, M.A., M.Ed. Dean of Physical Education/Athletic Director Cypress College Long Nguyen, Ph.D. Faculty, Physical Education Cypress College

  2. Patsy Mink • Led coalition to support Title IX Amendment of Higher Education Act, prohibiting gender discrimination by federally funded institutions. • In recognition of her contributions towards equal rights in the country, Congress named Title IX Amendment of the Higher Education Act as the Patsy T. Mink Equal Opportunity in Education Act.

  3. Landmark Title IX Cases • 1972. Congress enacts Title IX, signed into law by President Richard Nixon. Prohibits sex discrimination in any education program receiving federal financial assistance. • 1975. Health, Education, and Welfare (HEW) issues final Title IX regulation, signed into law by President Gerald Ford. Prohibits sex discrimination in athletics and establishes a three-year window for educational institutions to comply. • 1979. HEW issues final policy interpretation on Title IX and Intercollegiate Athletics. (Currently referred to as the Three-Part Test). • 1980. The Department of Education was given oversight of Title IX through the Office of Civil Rights (OCR). • 1996. OCR issues clarifications of three-part “Effective Accommodation Test.” First Equity in Athletics Disclosure Act (EADA) Report due.

  4. President Bush’s 2005 Title IX Survey • “In 2005, the administration of former President George W. Bush changed the third requirement, allowing the university to prove it was meeting the athletic interests of women by carrying out surveys of students’ interest in sports. The NCAA and women’s sports advocates said a low response to such surveys could be interpreted as indicating a lack of interest in sports when actually it could indicate a lack of availability of sports activities.” • The 2005 policy allowed colleges and schools to use an e-mailed or web-based survey as a method to collect data regarding the accommodation of interests and abilities of the underrepresented sex.

  5. President Bush’s 2005 Title IX Survey Overturned by Obama Administration • On April 20, 2010, the Office of Civil Rights (OCR) rescinded 2005 clarification and accompanying model survey, returning Title IX compliance back to the 1996 clarification: The OCR instructs institutions to utilize the three-part test to analyze compliance in the accommodation of students’ athletics interests and abilities.

  6. “Dear Colleague” Letter • The United States Department of Education issued a “Dear Colleague” letter on April 20, 2010, which indicates that the OCR considers survey results alone are insufficient data to explain the accommodation of interests and abilities of the underrepresented sex.

  7. Civil Rights Laws • Two basic requirements: Equal access to the program Equal treatment once in the program

  8. Title IX Athletics • Accommodation of Interest and Abilities • Athletic Scholarships • Other Athletic Benefits and Opportunities: equipment and supplies scheduling of games and practice times travel and per diem allowances tutoring coaching locker rooms, practice and competitive facilities medical and training facilities and services housing and dining facilities and services publicity supporting services recruitment of student-athletes

  9. Accommodation of Interests and Abilities Participation Opportunities: Three-Part Test Institutions must meet one of the following: • Test One – Proportionality • Test Two – Program expansion • Test Three – Full accommodation

  10. CCCAA: Statement of Compliance of Title IX Gender Equity (Form R-4) • Test One: Participation Proportionate to Full-Time Undergraduate Enrollment • Test Two: Continuing Practice of Program Expansion for the Underrepresented Sex • Test Three: Fully and Effectively Accommodate the Underrepresented Sex Form R-4 must include the most-recent Equity in Athletics Disclosure Act (EADA) Report

  11. Calculating Radius of Competition • Count the total number of away games for all sports. • Multiply the number in Step 1 by 15% to determine the total number of away games that must be eliminated from competition. • Determine the one-way mileage from home campus to away site for each away game by utilizing either mapquest or a similar website to obtain the mileage. • Eliminate the total number of away games as calculated in Step 2 from farthest to closest distances, based on the mileages in Step 3. • After completing Step 4, find the farthest away game remaining on the list. The mileage of this away game represents the “Radius of Competition.”

  12. Calculating Radius of Competition Example: • 400 away games for all sports. • 400 x .15 = 60 • 60 away games must be eliminated from competition. • After eliminating 60 away games, starting from farthest to closest mileages, the farthest distance for one away game remaining on the list is 104 miles. • Hence, the Radius of Competition is 104 miles; that is, the remaining away games fall within 104-mile range and must not exceed this distance.

  13. OCR Title IX Athletics Technical Assistance Zachary Pelchat Civil Rights Attorney U.S. Department of Education Office for Civil Rights 50 Beale Street, Suite 7200 San Francisco, California 94105 direct (415) 486-5542 main (415) 486-5555 fax (415) 486-5570

  14. Recommendation Bonnette, V. (2004). TitleIX and intercollegiate athletics: How it all works—in plain English. San Diego, CA: Author. http://www.titleixspecialists.com/

  15. References • Bonnette, V. (2004). TitleIX and intercollegiate athletics: How it all works—in plain English. San Diego, CA: Author. • Landmark title IX cases. (n.d.). Retrieved June 7, 2010, from http://bailiwick.lib.uiowa.edu/ge/historyRE.html • Patsy Mink. (n.d.). Retrieved June 7, 2010, from http://en.wikipedia.org/wiki/Patsy_T._Mink • U.S. Department of Education. (1996, January 16). Clarification of intercollegiate athletics policy guidance: The three-part test. Retrieved June 7, 2010, from http://www2.ed.gov/about/offices/list/ocr/docs/clarific.html • U.S. Department of Education. (2010, April 20). Dear colleague letter. Retrieved June 7, 2010, from http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20100420.html • U.S. Department of Education. (n.d.). Intercollegiate athletics policy: Three-part test—part three. Retrieve June 7, 2010, from http://www2.ed.gov/about/offices/list/ocr/docs/title9-qa-20100420.html

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