BODY: The commission appointed by the Bush
administration last week to look into the workings of Title IX was given eight
specific questions to cover in the report that it will submit by Jan. 31.
The first asks if Title IX standards for
assessing equal opportunity in athletics are working to promote opportunities
for men and women.
"I think it's a very
unusual first question," says Marcia Greenberger, co-president of the National
Women's Law Center, a strong proponent of the law's underlying standards. "The
question should be if those who have been discriminated against no longer face
barriers. The first question, if a question should even be asked, should be:
What else needs to be done for women?"
The
impetus behind forming the commission appears to rest on an opposite question:
Is the implementation of Title IX at some colleges unfair to men?
Proponents of Title IX think that notion is
preposterous. Men still get the lion's share of scholarships and budgets in
college sports. But some colleges over the years have chosen to eliminate men's
teams as a means of coming into compliance with Title IX, the 30-year-old civil
rights law that forbids sex discrimination at schools that get federal funds.
Greenberger says she is suspicious that the
15-member Commission on Athletic Opportunity might recommend changes in the way
Title IX is enforced. She praises the selection of Donna de Varona and Julie
Foudy but says she doesn't know enough about the other commission members, many
of who work in athletic administration.
"I
guess I have enemies I don't even know about," says Maryland athletics director
Deborah Yow, one of the commission members. "I understand that some people think
we should not be looking at this issue, but I applaud the fact we are getting
the chance. Thirty years later, it is not unusual to want to assess where we
are. Title IX is a great law and I have benefited from it immensely, but it's a
good time to take a step back and look at the big picture. There is always room
for improvement."
Foudy is president of
the Women's Sports Foundation and a midfielder for the WUSA's San Diego Spirit
pro soccer team. "I think if any changes need to be made (in Title IX
regulations), they should come in terms of making more colleges comply," Foudy
says. "But I like the idea of getting a forum together where we can discuss all
these things."
De Varona is a two-time
Olympic gold medal swimmer and chairwoman of the U.S. Olympic Committee's
government relations committee. She says she can appreciate why Greenberger is
critical of creating a commission. "Marcia has devoted her life to these
issues," de Varona says. "I understand where she's coming from. But I have no
reason to share that mistrust. I am glad to be on the commission.
"I think it is better to be inside and
communicating than to be outside and not trusting. I come at this from the
perspective that Title IX has not worked to its full potential. There is more
work to be done.
"This is a chance for the
country to talk about it."
The commission
will hold town meetings and its own meetings and gather information. It has a
budget of $ 500,000 and will get two staffers from the Department of
Education.
The commission will turn in a
written report to Education Secretary Rod Paige, who says the administration
will consider its recommendations but will not automatically adopt them.
"I can't prejudge what the commission might
come back with," Paige says.
"I believe
reasonable people can disagree and still find common ground."
Commission starts
with eight questions
The Commission on
Athletic Opportunity is charged with looking into Title IX's standards for
assessing equal opportunity in athletics. U.S. Education Secretary Rod Paige
gave the commission eight questions to address in its written report due Jan.
31. The commission is not limited to these questions.
* Are Title IX standards for assessing equal opportunity
in athletics working to promote opportunities for male and female athletes?
* Is there adequate Title IX guidance that
enables colleges and school districts to know what is expected of them and to
plan for an athletic program that effectively meets the needs and interests of
their students?
* Is further guidance or
other steps needed at the junior and senior high school levels, where the
availability or absence of opportunities will critically affect the prospective
interests and abilities of student-athletes when they reach college age?
* How should cheerleading or bowling factor
into the analysis of equitable opportunities?
* How do revenue-producing and large-roster teams affect the provision
of equal opportunities?
* The department
has heard from some parties that whereas some men athletes will "walk on" to
intercollegiate teams -- without athletic financial aid and without having been
recruited -- women rarely do this. Is this accurate and, if so, what are its
implications for Title IX analysis?
* In
what ways do opportunities in other sports venues, such as the Olympics,
professional leagues and community recreation programs, interact with the
obligations of colleges and school districts to provide equal athletic
opportunity? What are the implications for Title IX?
* Apart from Title IX
enforcement, are there other efforts to promote athletic opportunities for
male and female students that the department might support, such as
public-private partnerships to support the efforts of schools and colleges in
this area?
Source: U.S. Department of
Education
GRAPHIC: PHOTO, b/w, Tim
Dillon, USA TODAY; To weigh results: Secretary of Education Rod Paige, center,
with assistant secretaries Brian Jones, left, and Gerald Reynolds, says the
panel's recommendations won't automatically be adopted.