Default was not "consequence" of Title IX

There were a lot of issues/controversies raised by last week's story about a male high school wrestler who defaulted his match rather than wrestle a girl. Religion, violence, gender roles. Title IX was not one of them. Why? Because of the contact sport exception.
So I was surprised to read a blog post on the Chicago Tribune website Chicago Now entitled "The Unforeseen Consequences of Title IX" by Kirk Mango. Note that the title is pretty ubiquitous. Opponents of Title IX use it all the time to talk about a myriad of issues. But the post colon blog title "Top Iowa High School Wrestler Defaults, Won't Face Girl" was a little surprising. Because, again, Title IX does not require integration of teams when the sport is a contact sport. And as Joel Northrup pointed out when he issued a statement about his default to Cassy Hekelman, wrestling is a contact sport.
Girls have gained access to wrestling either because they have just been allowed to participate or because they have sought legal remediation under either an individual state's equal rights amendment or the equal protection clause of the Fourteenth Amendment of the Constitution.
But no one seems to be writing pieces titled The Unforeseen Consequences of Equal Protection.
For more on this I highly recommend Dr. Sarah Fields's book Female Gladiators: Gender, Law, and Contact Sport in America. She specifically addresses the legal and cultural controversies girls' wrestling has engendered.
So I hope Mr. Mango picks up Fields's book. As someone who in involved in promotion of youth sports (he has a website called Becoming a True Champion about empowering individual athletes) he--and all who work in youth through intercollegiate sports--should know what Title IX does and does not do.

2/24 UPDATE: Mr. Mango has changed his post to reflect the fact that Title IX was not a factor in the integration of wrestling. This is the new post.

Low priority setting for gymnastics?

A federal complaint has been filed alleging that the Rapid City School District in Iowa is violating Title IX by treating the gymnastics team as a low priority. The complaint cites the lower salaries received by gymnastics coaches as well as the lack of adequate locker rooms and practice space.

More coverage of Iowa case

Inside Higher Ed has a good article about the recent ongoings at University of Iowa involving the alleged sexual assault and harassment of a female student-athlete by several football players. It references recent Title IX cases involving sexual assault such as University of Colorado and delves into what schools can and should be doing to both cut back on campus sexual assault and advocate for victims.

Documentary on 6-on-6 b-ball

Attention readers in Iowa: Iowa Public Television is airing what looks to be a very interesting documentary on girls' six-on-six basketball in the state. The first airing of More Than a Game was last night but it will be rebroadcast at 8:15 p.m. March 7 and on March 16 time TBA.
Times like these I miss living in Iowa. Perhaps some of our Iowa friends will tape it for us??
I would be interested to see the issues it addresses in comparison to Max McElwain's book The Only Dance in Iowa.

Apples and Oranges

Club sports at most schools are funded by a recreational services department, while varsity intercollegiate sports are funded by athletic departments. This is the case at the University of Iowa. Recreational Sports, however, can usually not afford to completely fund a team and that team looks elsewhere for money: fundraising, dues, etc.

According to the student newspaper, The Daily Iowan, the men's rowing club at Iowa has made a request to the student government association for money to buy a new shell. This all seems reasonable even though student government has never before funded a club sport. They seem open to the possibility.

What is curious is that in the presentation to the association, the team plans to relate what the women's rowing team receives and suggest that Title IX is to blame for the men's current situation of poor equipment and large out-of-pocket fees.

But women's rowing at UI is a varsity sport. It was made a varsity sport in an attempt to comply with Title IX. That has nothing to do with the men's team.

The argument that the women rowers get more money than men rowers is inapplicable in this case, since nothing in Title IX requires intra-sport equity. Moreover, team captain Meylon's comment that "Since [Title IX] men's rowing at Iowa has been on a downward spiral" seems purely sour grapes in this situation. If Meylon and others are sore that men's rowing does not have varsity status, blame the excessively large football roster the university has or the millions of dollars the administration pumps into the football and basketball programs.

I was a little surprised that both the newspaper and the team members pursued this line of reasoning. After all, they have one of the foremost experts on Title IX, Dr. Christine Grant, right there. But it does not seem anyone spoke with her.

Legislative Updates in California, Iowa

California's legislature is considering legislation that would protect GLBT students from bullying, similar to legislation that passed in Iowa earlier this year. According to Equality California, the group that is spearheading the lobby effort:

Nearly 8 percent of California students report being harassed because of their actual or perceived sexual orientation, according to the 2004 Safe Place to Learn report issued by the California Safe Schools Coalition and the 4-H Center for Youth Development at UC-Davis. In addition, more than 91 percent of all youth report hearing students make negative comments based on sexual orientation

Meanwhile, Iowa legislators seem to have decided that protecting gay students was such a good idea that they might as well protect all gay Iowan from discrimination. The state senate recently voted to add sexual orientation to the statewide nondiscrimination bill that covers employment and public accommodations.

New Iowa Law to Protect Gay Students

Iowa will soon be one of ten states to enumerate protection for students from bullying and harassment on the basis of sexual orientation and gender expression. Both houses of the legislature have passed versions of the Safe Schools Bill, and the Governor's signature is reported to be imminent.

According to a 2005 survey by Iowa Pride Network, 83 percent of Iowa students who identify themselves as lesbian, gay, bisexual and transgender report being verbally harassed because of their sexual orientation or gender expression. 33 percent report having faced physical harassment.

State laws that enumerate specific protection for gay and lesbian students provide more protection than Title IX against harassment on the basis of sexual orientation. Some anti-gay harassment is actionable under Title IX (for example, as in this case) as long as it is also considered harassment on the basis if sex. Also, as the recent NJ decision explained, state statutes may impose a lower threshold for liability than Title IX's "deliberate indifference" standard.

Media misunderstandings and Title IX

I have written about the issue of Title IX's misrepresentation in the media previously--though briefly--here. But I bring it up again now because of a recent little blip in a paper in Arizona about the addition of a women's water polo team at the University of Arizona.
Despite the fairly simple premise of Title IX that calls for equitable treatment of the underrepresented sex in publicly-funded educational institutions, the statute itself, as this blog has hopefully demonstrated, is quite complex.
The complexity that has arisen due to various and changing legal interpretations is further compounded by the multiple components that constitute compliance--and I am speaking only in its application to athletics here--with the law.
Unfortunately many who report on or speak to Title IX issues in the media lack an understanding of this complexity. (Note that I am not citing all journalists. Welch Suggs, when he covered Title IX issues for The Chronicle of Higher Education, did an excellent job covering the mulitfaceted issues the law engendered.)
This lack of understanding around equity, sport, and Title IX is exhibited by Greg Hansen in the above mentioned blip that appears in a sports opinion column in the Arizona Daily Star. UA is adding women's water polo to its roster of intercollegiate sports. I haven't scrutinized UA's numbers regarding opportunity levels but I going to assume that Hansen is right that the university is adding water polo to try to achieve compliance.
But there are a few things wrong with Hansen's assessment of the situation. In comparing how (non)compliant UA is with other Pac-10 teams Hansen lists the number of male athletes and the number of female athletes at the schools. But such numbers are meaningless if we don't know the breakdown of male and female students in the entire undergraduate population. Because Title IX is not about strict equality of numbers but about equity which, if an intitution is trying to achieve proportionality, is about making athletic opportunity numbers more in line with the percentage of male and female undergraduates. If UA has more female undergrads than male, as is the situation in many colleges and universities, even equal numbers of male and female athletes will not result in compliance.
Hansen also seems to cite Title IX as the reason why budget-strapped UA (who isn't budget-strapped these days though??) is adding water polo (whose popularity is pretty much centered in the Pac-10) rather than a revenue-generating sport. Basically he implies that women's water polo will be a drain on the budget and it's all because of "the federal government's gender equity laws."
But a quick look at UA's list of varsity sports shows that all the (potential) revenue-generating sports for women (and men too!) already exist. Women's (Div. I) basketball is pretty much the only sport that can automatically be placed in the revenue-generating column. Depending on the school and the region other sports such as women's volleyball and gymnastics have the potential to be revenue generating. Both of these are already offered by UA, though I don't know if they do indeed generate revenue.
Hansen does not see that sports--especially women's sports--are not inherently revenue generating. Revenue-generating sports are created. Our default is to believe they are created by fan interest which is also believed to be innate when it is, in fact, taught.
Take for example University of Iowa's volleyball team. Though the popularity of women's volleyball is growing it is not necessarily a revenue-generating sport. But Athletic Department administrators at UI want it to become one. So they are making it into one through a variety of methods including hiring an established coach, throwing more money into recruiting and promoting the heck out of it through ticket promotions (your football ticket gets you into that night's v-ball match) and lots of publicity.
UA could turn women's water polo into a revenue-generating sport if it made the effort. But that requires either a bigger budget or shifting money away from men's sports to do so.