Nov. 3, 2006

Rally for Title IX Changes

Elizabeth Redden

James Madison athletes rally for Title IX reform in Washington Thursday.

About 100 James Madison University athletes rallied for changes in Title IX at the U.S. Department of Education’s Washington headquarters Thursday, a few weeks after university administrators announced a plan to slash 10 varsity sports to comply with the 1972 law that bars sex discrimination in education programs that receive federal aid.

Dressed in purple and gold athletic gear and apt to break into the Dukes’ fight song, the crowd of male and female athletes honored the spirit of Title IX, but criticized how the Education Department interprets and carries out the law in college athletics.

Students argued that requiring institutions to demonstrate that the rate of male to female athletic participation matches the gender ratio of the student body — the so-called “proportionality prong,” which is one of three mechanisms a college can use to demonstrate compliance with the law’s participation requirements — enforces an artificial quota that discriminates against male athletes. Sponsors of the rally called for scrapping the proportionality provision and strengthening the department’s guidance and support for colleges to use surveys of students’ athletic interests as an alternative.

“How has a law that was written to stop discrimination become a source of it?” asked Stacy Fuller, a student representative on JMU’s Board of Visitors. “Just as affirmative action quotas are unconstitutional, so too are the gender quotas required under Title IX.”

“Legislation should reflect the times, and Title IX no longer does,” said Mitch Dalton, captain of the men’s swimming team, whose members stripped down to Speedos and ran laps around the Education Department after the rally Thursday to demonstrate “how they were left out in the cold,” as interpreted by Jim McCarthy, spokesman for the College Sports Council, which sponsored the rally with the Independent Women’s Forum.

Yet, while the students who spoke at Thursday’s rally without exception cited a need to revisit the interpretation of the federal law, and the proportionality prong in particular, criticisms specific to their university — including a lack of student input in the decision — crept into some of their comments.

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Elizabeth Redden

Mitch Dalton and Natalie Moore, captains of the JMU swimming and gymnastics teams, at Thursday’s rally

One student said in an interview that many athletes, though disgruntled with Title IX, also feel that the athletic cuts represented a business decision, at least in part — a statement echoed by the university’s own Title IX consultant in an October interview with Inside Higher Ed.This student also said that James Madison is positioning itself to move its Division I-AA football team to Division I-A within the next decade. The student, who asked not to be named, added that many peers felt the same way, but had suggested that the topic not be raised at Thursday’s rally, which was meant to take aim at Title IX.

James Madison administrators have maintained that the primary reason for the Board of Visitors’ September 29 decision to cut 10 sports — seven for men and three for women — was to bring the university into compliance with Title IX by demonstrating that its athletic participation ratio mirrors that of its overall student enrollment, which is, at 61 to 39 percent, predominantly female. Madison’s plans to cut men’s archery, cross country, gymnastics, indoor track, outdoor track, swimming and wrestling, as well as women’s archery, fencing and gymnastics, will go into effect July 1.

Critics have argued that the university hid behind Title IX in deciding to prioritize its financial resources, focusing them on a smaller number of stronger teams. But James Madison administrators say Title IX forced their hand, and argue that the university, which is running 28 varsity athletic programs this year, resorted to the proportionality prong because it could not meet Title IX’s requirements under the other two mechanisms for compliance — demonstrating a history of adding new sports or meeting existing student demand — because James Madison could not afford extra sports. Two women’s club sports have expressed a desire for varsity status, demands that administrators say they can’t accommodate.

“No decision is made in a vacuum, but were it not for Title IX, I think we would still have 28 teams,” said Andy Perrine, a university spokesman. He added that the $548,000 saved by the cuts will be redirected toward scholarships, primarily for women’s sports, and that the university has no plans right now to pursue Division I-A status in football, which does not stand to gain any direct financial windfall from the cuts.

Fuller, a non-voting member of the Board of Visitors who is not privy to their closed sessions, where the debate was held, echoed Perrine’s sentiment. “This was not a decision motivated by money,” she said. “James Madison was locked into a corner by Title IX.”

But others in the student body, along with representatives from women’s rights organizations, disagree. They argue that the law is not responsible for the cuts and that Thursday’s rally was misdirected.

“Title IX is being used as a scapegoat by the administration,” Allison Truglio, a member of the James Madison women’s gymnastics team, said during a competing Thursday press conference sponsored by two women’s groups. “Some people want to attack the administration and say what you’re doing is wrong, and some people want to attack the department of higher education and say, ‘You need to change Title IX. You’re letting these schools do this.’ It’s hard to decipher which side is right.” The two sponsors of the event at which Truglio spoke, the National Women’s Law Center and the Women’s Sports Foundation, are strong supporters of Title IX as a mechanism for opening new opportunities, and the organizations’ leaders refute the notion that Title IX requires institutions to slash athletic programs.

“When you realize that the cost of adding two or three women’s teams to come into compliance would have been as miniscule as $500,000 ... you wonder why they wouldn’t have chosen a different action,” said Donna Lopiano, chief executive officer of the Women’s Sports Foundation. “It sure wasn’t Title IX making the school drop three women’s teams; that’s obvious. And it wasn’t why it dropped the men’s teams, either,” added Lopiano, who said the decision reflects the institution’s chosen priorities, including among them the preservation of large men’s basketball and football budgets.

Lopiano said she feels the College Sports Council “took advantage” of the situation, convincing upset students that if they changed Title IX, they would get their sports back — “which is the furthest thing from the truth.”

But officials at the College Sports Council argue that the law has been hijacked by groups like Lopiano’s and that, in practice, Title IX enforcement has led to cuts in men’s programs across the country, with James Madison’s sports teams just the latest, and likely not the last, casualty. Parents, coaches and representatives from several other college athletic programs, including programs at the University of Maryland, the College of William and Mary and Howard University, were present at the Washington rally, showing their support.

“This isn’t about boys versus girls, Republicans versus Democrats.... It’s about insanity versus sanity,” said Jessica Gavora, a spokeswoman for the College Sports Council. Members of the council, along with student representatives, met with officials from the Department of Education’s Office for Civil Rights immediately following the rally, asking for relief from the proportionality prong of Title IX.

Gavora said the current interpretation of the law has locked James Madison administrators into a box: “Nobody wants some group of students to be discriminated against in the name of Title IX,” she said.

Jennifer Chapman, captain of the James Madison women’s cross country team, said that while she fears universities can use Title IX as a scapegoat or “excuse to cut non-revenue sports,” there is also a problem with the administration of the law itself, especially with use of the proportionality prong in an era in which female enrollment outpaces that of men. “We need to get gender equality across the board,” Chapman said.

Perrine, the James Madison spokesman, said that the university takes no position on the appropriateness of the proportionality prong. However, the institution supported the student protesters logistically, providing university transportation for the drive to Washington. Calling James Madison “a campus with a conscience,” Perrine praised the students for taking their concerns to the federal government.

“It’s what we would have expected from JMU students.”

— Elizabeth Redden

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Comments

James Madison is Full of It

If this was really a Title IX “issue” then why did James Madison cut three *WOMEN’S* sports along with the men’s spots? They could have achieved the same result by cutting NO women’s sports and fewer men’s sports. Or actually (gasp) added some women’s sports. Or better yet, just drop football. The fact that football is male only and by far the largest team creates an immediate imbalance that is difficult to offset.

I applaud the students’ passion in protesting, I just think they should protest in the right place. Go camp out at the James Madison administrative buildings. They’re the ones that made this crap decision and are now trying to lay the blame on Title IX.

Kyle Johnson, at 7:55 am EST on November 3, 2006

and they made the crap decision because of a crap government policy... why not start at the source?

K.T., at 10:00 am EST on November 3, 2006

Football

Title IX to blame? Check out Rutgers U — They are cutting several sports (Men’s Crew, swimming, along with mens and womens fencing) but never the holy football team (which is having its first winning season since Moses was their quarterback)

MKG, at 12:05 pm EST on November 3, 2006

Why so dubious..? The athletes are telling the truth.

Elizabeth Redden writes that, “criticisms specific to their university — including a lack of student input in the decision — crept into some of their comments.” Those views didn’t creep anywhere, they were front and center. The whole point of the rally was to ask the Department to strengthen interest surveys — precisely because it is the most direct way to engage student input in Title IX compliance. Every student signed a letter to the Secretary of Education stating, in part, “Men and women athletes both deserve the chance to voice an interest in sports participation – which is why the survey should be afforded to each and every student. That simple step will allow students themselves to at long last have the central role in determining athletic opportunity. “

They were supported at the rally by people like coach Wade Hughes, whose wrestling team was eliminated by Howard University to comply with proportionality. Before coaching at Howard, Hughes was a varsity wrestler himself at George Washington — but that team was also a casualty of Title IX.

Although Hughes wasn’t quoted, Redden did find space for an anonymous source (did they meet in the DoEd garage?) who said that the school was under financial pressure, not simply Title IX. Redden thus sets up a binary choice — either it’s Title IX or it’s budget — that is a plainly false premise. Schools with budgets large and small are all still bound by proportionality — which is why they all have roster caps on men’s teams and why so many eliminate men’s teams altogether. Also puzzling is why Inside Higher Ed would grant anonymity like that in the first place. Another student, Jennifer Chapman, was quoted by name in the piece saying much the same thing — and has apparently avoided retribution. Indeed, we sent her an email this morning thanking her for participating and praising her fortitude.

(Ironically, there is a strong story yet to be written about the actual backlash that is experienced by anyone in academia, and especially women, who dare challenge the Title IX status quo. It might start with Title IX commission co-chair Cynthia Cooper who was publicly ridiculed by WSF for recommending reforms and, since those hearings, has spoken in the press not once. Debbie Yow at Maryland had much the same experience, as have countless coaches.)

And although Redden cites JMU’s consultant to support the gotta-be-the-budget assertion, that consultant said this to the New York Times on October 7 when asked about his Inside Higher Ed quote: “I went too far and maybe overstated my case. I can’t say what was in their minds.” Is Redden unaware of this?

Donna Lopiano’s quote that our group is “taking advantage” of student-athletes would be laughable if it weren’t so patronizing. Her entire organization, after all, is premised on using young women athletes for fundraising and encouraging them to sue their own schools. But the idea that JMU students are dupes is an all-too-typical smear from the pro-quota crowd. If you believe Lopiano, schools like JMU and Rutgers and Marquette and many others are part of a nefarious plot to “devalue” women as a ruse for ulterior athletic purposes. You also have to accept that the students, parents, coaches and alumni who want reforms aren’t simply wrong, they are being manipulated. Well, WSF may have had control of Title IX enforcement for some time, but they don’t have a monopoly on the truth and the voices calling for change are speaking out of conscience and they deserve some basic respect.

Inside Higher Ed deserves credit for coming to the rally and covering the growing movement for Title IX reform. There are certainly lots of angles to cover and I hope that IHE will be in the lead of that reporting. Seems to me that when young men and women, with nothing more than the power of their voices, take on the academic establishment and hugely-funded interest groups, it’s hard not to root for them. And if anyone is skeptical about their intelligence or reasoning — Kyle Johnson, come to a white courtesy phone — try listening a little harder. Those athletes have only begun to speak out.

Jim McCarthyCollege Sports Council

Jim McCarthy, College Sports Council, at 2:10 pm EST on November 3, 2006

How many people go to see a fencing match. On matter how bad your football team more people are going to show up for a football game than a fencing match, water polo, or some of these other sports. Football is the money maker for most colleges/universities. Unless your Duke or NC. Because of Title IX many football programs have had to lower the number of athletes that they can have on the team. The scout teams use to be two deep (redshirt freshmen and walk-ons). Now some schools have to use offensive players to feel in on scout team defense and visa versa. Title IX needs to be revisted. I know sports like Hockey would like to have more colleges involved.

Big Al, at 2:10 pm EST on November 3, 2006

Laws

Laws reflect the power structure——for hundreds of years , the law denied women chances at sports—-no wthat the law gives them chances the old school is mad. Colleges use Title IX to mask other reasons for cuts——-maybe if these sports can raise ‘external funds” like we all must now—-they can survive—you support neo-liberal, neo-con policies then welcome to the new world

mike, at 2:10 pm EST on November 3, 2006

Students Doing the Right Thing

Those JMU students have been and are still protesting the decision on their campus, as they should be, but I commend them for also seeing the larger issue and drawing attention to the fall-out of a well intentioned, but overly broad and poorly conceived piece of legislation.

Duke98, at 2:10 pm EST on November 3, 2006

Title IX

The proportionality test for Title IX compliance defies common sense. Anyone who is a parent knows that girls are more likely than boys to lose interest in competitive sports as they mature. They develop other interests. If you want to make comparisons, you should look at all-womens schools. What is the ratio of women participating in varsity sports at Wellesley College or Smith or some other womens’ school? That is a good benchmark because by definition there is no discrimination in favor of male athletes at an all womens’ school. If the proportion of women students at JM participating in varsity athletics is roughly the same as the percentage participating at all female schools in the area, that should be enough.

DBL, at 2:50 pm EST on November 3, 2006

“girls are more likely than boys to lose interest in competitive sports as they mature. They develop other interests.” .....Huh?

Title IX, though often thought of in merely athletic terms, also mandates that girls will receive equal access to academics, particularly to science and math eduation.

Football is more important because it is a “moneymaker"? oh, sorry- I thought college was about education first....my mistake

MKG, Gee! Sewing Sure is More Fun!, at 3:50 pm EST on November 3, 2006

Things that make you go hmmm.....

“Jessica Gavora, the chief speechwriter and a senior policy adviser to Attorney General John Ashcroft”

this ISN’T partisan??? hmmmm......

KS, at 4:30 pm EST on November 3, 2006

We all need money

“Football is more important because it is a “moneymaker"? oh, sorry- I thought college was about education first....my mistake.”

A nice cute statement however:

1) How does having a sports team of any type prevent someone from having an eduction? Do the games prevent people from attending class perhaps? Does the football budget cut into scholarships, professor salaries, book budget?

2) In the University I am at we actually have to pay for things like heat, electricity and salaries. So money is important. In fact, at my school I will say that money does in fact comes first as i know of no professor who is teaching for free or offering the free use of their house for a classroom. Without money there is no education. It is silly to think otherwise.

3) If football is a money maker then so what? Does it really hurt the school if it keeps a couple of dozen athletics on the roster, some of whom (certainly not all) may not graduate or may not be in the top 50% of the class? What is the return on a football team compared to the return on the endowment? Perhaps it is a better investment. If it gets me a nicer lab and perhaps keeps tuition down or entices a few better students to the school, I can handle the horror of five home games a year. In fact in the big picture of things the football team is not the biggest worry I have in my life.

4) What factors should be used to decide what sports to keep? Attendence? The ability to pay its own way? Number of participants (and to football one needs to add the band and cheerleaders to the total participating)? How fashionable the sport is?

stm60, UConn, at 6:25 pm EST on November 3, 2006

John Ashcroft

Ummm.. correct me if I am wrong but isn’t the US Attorney General someone other than John Ashcroft? I apologize if the details get in the way of my rant.

Anywho... excellent job to the JMU athletes who participated in the protest. Boo to the football team members who stayed at home. Like someone stated, above, if it really is about Title IX, then why were several women’s sports cut? And why does the debate so often turn to money, money, money. Gets so it sounds like a bad Brady rerun.

Signed,

A former track athlete from Boston who will not allow his kid to visit JMU in protest of JMU cutting the men’s running programs.

billygobop, at 5:15 am EST on November 4, 2006

Football to be dropped

Thank you, Inside Higher Ed, for reporting that PA’s Mansfield University may be dropping its football program. Mansfield, credited with playing in the first lighted night game, has had a crappy program for years. But financed are tough and the right decision is about to be made. No other program will have to go thru JMU’s “it’s cuz of Title IX, man” routine thanks to excellent decision-making by the folks who run the NCAA Div 2 school in north-central PA. ‘Get a hint, JMU

billygobop, at 5:15 am EST on November 4, 2006

Club Sports

Most countries, specifically those with less spare cash to toss about, can’t believe the college sports programs in the U.S. They have sports programs: the sports are provided in student clubs.

Think capitalistic U.S. colleges care too much about making money? Then lets devolve with the rest of the world: no institutional funding for sports.

The clubs can use the field/gym for free, but they have to pay for utilities, cleanup, staffing, and security.

Let us see how many students are truely interested in being “student athletes.”

Ever see women going door to door in the dormatories to try and field a Title IX sports team? It is not a pretty sight; especially after the women’s basketball league washed out.

Even Femmunista’s who hate capitalism can see the professional sports market has been over-saturated.

Women in the U.S. have always had more and more opportunities and choices; men have had responsibilities (to pay the bill).

Dr. F. Gump, at 5:20 am EST on November 4, 2006

How are academics hurt?

Uh...yes, I am quite aware John Ashcroft is no longer AG, and Polk is no longer president, I will state for the record.

The point is that Ms. Govora has a clear political bent (after stating that this is not “Republican or Democrat") and people, not taking time to research, have the wool pulled over their eyes...it would be funny if it weren’t so sad.

As for how college athletics hurt non-athletes? Well, lets turn our attention to yesterday’s New York Times article “The New Athletic Pitch — Check Out Our Tutoring Center” This article, with its laughable mentions of student “checkers” paid to make sure that athletes are in class, highlight the tutoring facilites (particularly at Temple) made only to athletes. Non-athletes would love these advanced centers I am sure, but they are not available(nor is the advanced health care, free prescriptions,etc, offered at many institutions)

Temple, most would agree, does not fill stadiums like the Gators or Hurricaines., yet hundreds of thousands of dollars are allocated to them. Return on investment?

OR should we look at Rutgers University, which, after cutting 800 classes (for ALL students) 200 staff/faculty positions, and putting a moratorium on everything from photocopies to salaries, gave a 10% increase to the football team. When asked, President Richard McCormick stated the “importance of football to a Divison I institution". — THAT is how football affects education. (oh, and before any rants start about how the money will probably be used for improving the campus as a whole, that money will stay with the athletic foundation). Visit the campus and see the shut down buildings and the deteriorating conditions to see how much the football team improves morale.

KS, at 12:35 pm EST on November 5, 2006

Return on investment is a good approach

We seem to agree now that money is important to a school and I agree 100% with your argument on return for investment. Football should be like other sports and stand on its merits. A sensible person should, however, recognize that being able to be self sustaining financially is a strong argument for keeping a program. Certainly it is not an argument for attacking it.

The issue on the tutoring centers is simple: how are they paid for? If by “football generated dollars” then there are no dollars taken from somewhere else and I don’t see where the hurt is.

Your description of Rutgers is horrible and if that is being exacerbated by football then it should stop. On the other hand you should also recognize the affect of football on a campus like the Univerisity of Notre Dame. It is unlikely that a small Catholic school in the midwest would have the world-class facilities is has without the influence of football.

On a small point, you may be right but I try not to automatically assume political agendas on a person’s actions simply because they had served on the Polk or other administration. I have run into to many fine people who worked inside the beltway at one time or anyother to jerk my knee quickly.

stm60, UConn, at 2:05 pm EST on November 6, 2006

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