You asked for information on Title IX and equity in sports. Specifically you requested information on: (1) Connecticut laws that relate to Title IX and any examinations of how well (or poorly) Title IX is working in Connecticut and (2) any other states with laws that go farther than Title IX.

TITLE IX SUMMARY

Title IX of the Education Amendments of 1972 is a federal law prohibiting sex discrimination in federally funded education programs, including schools, colleges, libraries, and museums. Although the law is often cited in relation to athletic programs, it applies to the entire educational experience including such things as admissions and recruitment, access to course offerings, and employment. The law also protects against sexual harassment.

Pursuant to the law, codified at 20 U. S. C. §§ 1681 et seq. , and its implementing regulations, 34 C. F. R. Part 106, the Office for Civil Rights (OCR) in the United States Department of Education is charged with monitoring and enforcement. Each state department of education and local school district (or other recipient of federal funds) is required to designate a staff person to oversee compliance. The names of the designees, along with discrimination policies and grievance procedures must be displayed. Institutions were required to perform a one-time self-

evaluation to identify and rectify practices that did not comply with Title IX. Individuals who feel their rights under Title IX have been violated may follow the in-house grievance procedures outlined by their Title IX coordinator, file a complaint with the OCR, or file a private lawsuit.

TITLE IX IN CONNECTICUT

In addition to federal requirements and Connecticut constitutional provisions providing equality of rights and educational opportunity, the Connecticut law provides that each child must have, and be so advised by the appropriate school authorities, an equal opportunity to participate in the activities, programs, and courses of study offered in public schools, when the child becomes eligible to participate without discrimination on account of race, color, sex, religion, national origin or sexual orientation (CGS § 10-15c).

The Connecticut State Department of Education (SDE) does not maintain comprehensive data on Title IX implementation. The most comprehensive report on gender equity in Connecticut school athletics appears to be a 1997 report entitled “Keeping Score” issued by the Connecticut Women’s Education and Legal Fund (CWEALF). CWEALF is a statewide non profit women’s organization that has been extensively involved with Title IX issues in the state, including providing Title IX training and submitting amicus curiae briefs in Title IX cases. The report made a number of findings including:

1. both administrators and students believed that facilities, schedules, and post-season opportunities for female athletes were not equal to those of male athletes, although athletic directors and coaches reported that student participation in athletics is basically proportional to student enrollment; and

2. women held relatively few athletic leadership positions, such as coaches and athletic directors.

The report is enclosed for your review.

The SDE estimates that, during the 2003-04 school term, its Office of Educational Equity received about a half-dozen phone calls related to gender equity and athletics. In some instances, the office provided literature for the parents or advised them of complaint procedures. In others, the office contacted the school to clarify or mediate the issue.

As a result of another federal law, the Equity in Athletics Disclosure Act of 1994, co-educational colleges and universities that receive federal funds and offer sports programs are required to make available gender equity information about their athletic programs. Schools must provide information on sports team offerings and participation by gender, athletics scholarships awarded by gender, numbers of coaches for men’s and women’s teams as well as the salaries, recruitment expenses, revenues, operating expenses, and overall expenses by gender. The information is available at http: //ope. ed. gov/athletics and includes information for Connecticut institutions of higher education.

According to OCR data provided to CWEALF, the OCR received about 13 complaints from Connecticut between 1999 and 2004 at both the secondary and collegiate levels. Of those cases, only two involved athletics, with neither of those arising at the collegiate level. CWEALF is unaware of any major pending Title IX litigation in Connecticut relating to athletics.

STATE LEGISLATION

Although states generally prohibit gender discrimination, a legal database search reveals that Alaska, California, Florida, Georgia, Hawaii, Minnesota, Oregon, Rhode Island, Vermont, and Washington all specifically address gender equity in athletics in their statutes. The statutes vary in detail and specificity, with some mentioning athletics as part of more general educational equity legislation and others specifically focusing on athletics.

For example, Alaska’s law requires, in part, that “equal opportunity for both sexes in athletics and in recreation shall be provided in a manner that is commensurate with the general interests of the members of each sex,” and “a school shall divide available evening time for athletic events fairly between events for each sex” (AS § 14. 18. 040). California has passed “Sex Equity in Education” acts at both the secondary and collegiate levels, which basically codify Title IX and contain detailed legislative findings (CA Educ. Code §§ 221. 5 et seq. and 66271. 5 et seq. ) California’s law also prohibits discrimination in community youth athletics programs (CA Educ. Code § 53080. ) Finally, Georgia passed an “Equity in Sports Act” which specifically enumerates factors to be considered in determining fairness and carves out specific situations where the law is inapplicable (GA ST § 20-2-315). Copies of the relevant statutes are attached for your review.

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