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Copyright 2001 The Columbus Dispatch  
Columbus Dispatch (Ohio)

April 9, 2001, Monday

SECTION: EDITORIAL & COMMENT, Pg. 6A

LENGTH: 529 words

HEADLINE: UNENTITLED

BODY:
The NCAA men's gymnastics championships at St. John Arena last week was the last for the Michigan State Spartans. The program was slain by budget concerns and by pressure for gender equity in its sports programs.

The Spartans are not alone. Critics blame Title IX for the demise of hundreds of men's sports teams. Between 1992 and 1997, more than 200 men's teams and 20,000 slots for male athletes were eliminated, the NCAA reported. At the same time, the number of women athletes increased by only 5,800.

Things weren't to work out this way.

Title IX of the Education Amendments Act of 1972 says, "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.''

Nowhere does that sentence say to provide more athletics opportunities for women at the expense of men. Nowhere does it set up quotas.

In fact, Birch Bayh of Indiana, who as a U.S. senator was a sponsor of Title IX, said the amendment was intended to prohibit quotas.

But wrestling programs have been discontinued at 136 schools over the past 20 years. Men's gymnastics programs have been discontinued at 114 schools since 1972, and Michigan State will make 115. Fifty- three golf teams have died since 1993. The list goes on.

The problem is not with Title IX. The goal of Title IX is laudable and, in fact, Title IX has vastly expanded opportunities for women. The nation has witnessed its dividends, one example of which is the U.S. women's soccer team's victory in the 1999 World Cup.

Rather, the problem lies with the rules set up in 1979 by the U.S. Office for Civil Rights to enforce Title IX. To demonstrate compliance, a school can show:

* That participation in sports for men and women is in proportion to their respective enrollments.

* That the school has responded and continues to respond to women's interests and abilities.

* Or, that it is meeting the needs of women on campus.

The easiest, cheapest -- and, some experts say, the safest from a legal perspective -- way for schools to demonstrate compliance has been to cut men's programs to make the proportions of athletes come closer to matching enrollments.

The effect is to turn the tables so that men have become the victims of discrimination.

Studies show a difference between the sexes in their interest in athletics. More men than women want to play sports. That's not unusual. More women than men typically participate in extracurricular activities, such as cheerleading, choir and band. Such differences don't, by themselves, indicate discrimination, just differing interests. So, setting a quota based on enrollment is a bad idea.

During his campaign for the presidency, George W. Bush said: "I support Title IX. I do not suppport a system of quotas or strict proportionality that pits one group against another.'' Good. So, let's fix it.

Any changes to Title IX enforcement must rigidly adhere to the original goal of giving women the same opportunities as men. But let's find a way to do it without punishing the men.

LOAD-DATE: April 11, 2001




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