A reporter at the Chronicle of High Education interviewed OCR Chief Russlyn Ali about OCR's enforcement plans for Title IX. Ali says that the agency is stepping up enforcement of Title IX in the next several months. It remains to be seen what this means, but I hope it means that the agency plans to be more proactive addressing violations and responsive to complaints that get filed by others. Moreover, according to Ali, the agency also plans to issue guidance about the 2005 Clarification, the policy that allows colleges to comply with prong three with the results of an interest survey. (For a recent post about the controversial policy, see here.)
Meanwhile, the same article reports that private enforcement is also getting a boost from lawyers Nancy Hogshead-Makar and Kristen Galles, who are channeling their expertise on Title IX into a new organization called the Legal Institute for Gender Equity in Athletics. Their organization will provide support to lawyers who are bringing cases against institutions in violation of Title IX, offering sample pleadings and other litigation resources, as well as victims looking a referral. Just judging by the number of inquiries this blog receives from lawyers and victims seeking assistance, Galles and Hogshead-Makar are stepping up to fill a real need. We look forward to blogging about the project more as it gets off the ground.
Showing posts with label politics. Show all posts
Showing posts with label politics. Show all posts
Monday, April 19, 2010
Thursday, February 19, 2009
Chronicle Projects Increased Title IX Enforcement in the Obama Administration
Gender equity advocates are optimistic about Title IX enforcement under the Obama Administration, according to an article in the current issue of the Chronicle of Higher Education. Though President Obama has not made specific statements about Title IX, he did single out the Department of Education for its "lax approach to enforcement" under President Bush. Based on this statement, as well as the candidate Obama's statements about the positive role of sports in his and his daughters' lives, many except a more proactive and responsive Office for Civil Rights than the one that undertook only a single compliance review in a four year period and left "what is likely to be a sizeable backlog" of uninvestigated complaints. It was also suggested by one article source that the President's administration will rescind or at least revise the 2005 Clarification that lets institutions demonstrate compliance based on the results of an interest survey.
Dr. Christine Grant surmised that Title IX under the Obama administration "will be better than the last eight years, because I don't think it can get any worse."
The article's sources conflicted about the role the economy will play in the Obama Administration's enforcement efforts. Men's sports advocates argued that OCR should emphasize alternatives to proportionality compliance, since it is too costly for schools to add women's sports in these tough times (to this point, we've recently noted evidence to the contrary -- here, here, here and here for example). Others believe that the economic crisis could actually have a "silver lining" if it causes athletic departments to reign out of control expenditures in big-budget (and largely unprofitable) men's sports like basketball and football.
Dr. Christine Grant surmised that Title IX under the Obama administration "will be better than the last eight years, because I don't think it can get any worse."
The article's sources conflicted about the role the economy will play in the Obama Administration's enforcement efforts. Men's sports advocates argued that OCR should emphasize alternatives to proportionality compliance, since it is too costly for schools to add women's sports in these tough times (to this point, we've recently noted evidence to the contrary -- here, here, here and here for example). Others believe that the economic crisis could actually have a "silver lining" if it causes athletic departments to reign out of control expenditures in big-budget (and largely unprofitable) men's sports like basketball and football.
Monday, January 05, 2009
Changes to Ledbetter Imminent in New Administration
President-elect Obama and Democrats in Congress will give high priority to legislation that would overturn the Supreme Court's 2007 decision in Ledbetter v. Goodyear Tire, yesterday's NY Times reported. In Ledbetter, the Court rejected that ongoing discrimination started a new statute of limitations every time it occurred. Thus, the plaintiff, Lilly Ledbetter, had to challenger her employer's salary decision, which she argued was discriminatory on the basis of sex in violation of Title VII, three months from when when her salary was first determined, rather than three months from any given paycheck. This interpretation of the statute of limitations is ridiculously stingy, since it often takes a little while before ongoing discrimination is apparent to a plaintiff. As a result plaintiffs are denied legal recourse in what may be valid discrimination cases, simply because the plaintiff they didn't notice the discrimination right away.
Because the Court's decision is based on an interpretation of a statutory provision, Congress can essentially void that interpretation by amending or superseding the statute in question. This is apparently exactly what the Democratic majority Congress, with the support of the new President, plan to do. Such anti-Ledbetter legislation would have an impact beyond employment discrimination cases under Title VII, as the decision has been used by lower courts to deny cases in a variety of civil rights contexts. We've seen one example already of the Ledbetter decision used to reject a Title IX suit filed by female wrestlers at the University of California at Davis, who tried to challenge discriminatory treatment that occurred between 2000 and 2001 and produced effects that lasted even longer. The lower court applied the Ledbetter rationale and a two year statute of limitations to conclude that a suit filed in 2003 was untimely -- the plaintiffs had to file two years from when the discriminatory treatment began in 2000. New legislation to restore the fairness of a longer statute of limitations would thus be beneficial to Title IX plaintiffs as well.
Because the Court's decision is based on an interpretation of a statutory provision, Congress can essentially void that interpretation by amending or superseding the statute in question. This is apparently exactly what the Democratic majority Congress, with the support of the new President, plan to do. Such anti-Ledbetter legislation would have an impact beyond employment discrimination cases under Title VII, as the decision has been used by lower courts to deny cases in a variety of civil rights contexts. We've seen one example already of the Ledbetter decision used to reject a Title IX suit filed by female wrestlers at the University of California at Davis, who tried to challenge discriminatory treatment that occurred between 2000 and 2001 and produced effects that lasted even longer. The lower court applied the Ledbetter rationale and a two year statute of limitations to conclude that a suit filed in 2003 was untimely -- the plaintiffs had to file two years from when the discriminatory treatment began in 2000. New legislation to restore the fairness of a longer statute of limitations would thus be beneficial to Title IX plaintiffs as well.
Wednesday, December 17, 2008
Obama Taps Arne Duncan to Head the Department of Education
Yesterday President-elect Obama announced his pick for Secretary of Education: Arne Duncan, CEO of the Chicago Public Schools. The Department of Education is charged with primary enforcement of Title IX, so Duncan have enormous influence with respect to policy and enforcement on issues of gender equity in athletics as well as single-sex education.
I haven't been able to find any evidence of Duncan's attitudes about gender equity in athletics, so we'll have to take it on faith that he shares Obama's general support for the law. Perhaps as a former college and professional athlete (basketball), Duncan realizes the value of athletic opportunities and will work to ensure they are available to women on equal terms. Of course, many associated with men's athletics view Title IX as the enemy, so experience as a college athlete doesn't necessarily translate into warm fuzzy feelings about Title IX, let alone a clarity of vision regarding the statute's relationship to men's sports and a willingness to backpedal on compliance loopholes and enforcement malaise. We'll just have to see.
As for single-sex education, it appears that Mr. Duncan has supported sex-segregated charter schools in Chicago. However, his position on sex-segregated education seems rooted more in a recognition of children's diverse learning styles rather than a basic belief that all girls and all boys are the same. Regarding this issue in the Chicago Public Schools, Duncan said, "Some children learn better in a classroom surrounded by all boys or all girls. Some learn better when they can take classroom material and immediately apply it to real-world situations. Other children need a residential school that allows them to better focus on academics. We want to provide all of these education options and more." His position on diverse educational opportunities is so expansive, even supported a controversial proposal (later withdrawn) for public high school in Chicago that would be "deliberately welcoming" of lesbian, gay, bisexual and transgender students. So it might be the case that while Duncan supports single-sex classrooms as an option among many, he may have little tolerance for the schools and districts that are trying to replace gender integrated learning altogether. Again, we'll just have to see.
I haven't been able to find any evidence of Duncan's attitudes about gender equity in athletics, so we'll have to take it on faith that he shares Obama's general support for the law. Perhaps as a former college and professional athlete (basketball), Duncan realizes the value of athletic opportunities and will work to ensure they are available to women on equal terms. Of course, many associated with men's athletics view Title IX as the enemy, so experience as a college athlete doesn't necessarily translate into warm fuzzy feelings about Title IX, let alone a clarity of vision regarding the statute's relationship to men's sports and a willingness to backpedal on compliance loopholes and enforcement malaise. We'll just have to see.
As for single-sex education, it appears that Mr. Duncan has supported sex-segregated charter schools in Chicago. However, his position on sex-segregated education seems rooted more in a recognition of children's diverse learning styles rather than a basic belief that all girls and all boys are the same. Regarding this issue in the Chicago Public Schools, Duncan said, "Some children learn better in a classroom surrounded by all boys or all girls. Some learn better when they can take classroom material and immediately apply it to real-world situations. Other children need a residential school that allows them to better focus on academics. We want to provide all of these education options and more." His position on diverse educational opportunities is so expansive, even supported a controversial proposal (later withdrawn) for public high school in Chicago that would be "deliberately welcoming" of lesbian, gay, bisexual and transgender students. So it might be the case that while Duncan supports single-sex classrooms as an option among many, he may have little tolerance for the schools and districts that are trying to replace gender integrated learning altogether. Again, we'll just have to see.
Saturday, October 25, 2008
Obama, McCain answer questions on Title IX and women in STEM
Earlier this month the Obama and McCain campaigns answered questions presented to them by the Association for Women in Science and the Society of Women Engineers. The entirety of their answers can be found here. The questions are largely centered on how the candidates intend to achieve more gender equity in science, technology, engineering, and mathematics, including how Title IX might be enforced across the academy--and not just in athletics.
Neither, of course, suggested there should not be gender equity, but once again John McCain took the opportunity to show his ignorance of Title IX while trying to diss the Democrats. Though he does plan to enforce Title IX according to its "original intent" he has some caveats:
I am concerned, however, that the Clinton administration took unwise liberties in interpreting Title IX with the consequence that many schools have adopted policies of strictly equal funding for male and female athletic programs. Unfortunately, many popular athletic programs have been cut because the overall amount of funding available for athletics programs will not sustain identical men's and women's programs in every sport.
Because I have made this complaint before, I will keep it brief, in the hopes that someone from the McCain campaign will absorb it and pass the info on to their boss.
Title IX does not call for identical programs in every sport. This rhetoric clearly belies your intent to exempt football from the Title IX equation. Don't think we don't see this. And second, I have yet to see (though would be happy to) an athletic department that is equally funding its men's and women's programs.
Neither, of course, suggested there should not be gender equity, but once again John McCain took the opportunity to show his ignorance of Title IX while trying to diss the Democrats. Though he does plan to enforce Title IX according to its "original intent" he has some caveats:
I am concerned, however, that the Clinton administration took unwise liberties in interpreting Title IX with the consequence that many schools have adopted policies of strictly equal funding for male and female athletic programs. Unfortunately, many popular athletic programs have been cut because the overall amount of funding available for athletics programs will not sustain identical men's and women's programs in every sport.
Because I have made this complaint before, I will keep it brief, in the hopes that someone from the McCain campaign will absorb it and pass the info on to their boss.
Title IX does not call for identical programs in every sport. This rhetoric clearly belies your intent to exempt football from the Title IX equation. Don't think we don't see this. And second, I have yet to see (though would be happy to) an athletic department that is equally funding its men's and women's programs.
Tuesday, October 14, 2008
Column Examines Women, Hockey, and Sarah Palin
If you are as interested as I am in the rhetoric about sports, Title IX, and especially hockey (my favorite sport) surrounding Sarah Palin's candidacy for Vice-President (which we've blogged about before), you may find interesting this column in the Beacon Broadside by the assistant women's hockey coach at University of Minnesota-Duluth.
Michelle McAteer argues that Palin does not "seem to understand the complexities of women in the women's hockey world" where "lesbians are a visible part of the game" and female hockey players "battle stereotypes that force them to defend their 'feminity' as they play a 'masculine game.' Notwithstanding this disconnect, McAteer argues, Palin has appropriated an association with hockey because it is politically useful:
Via Women's Hoops Blog.
Michelle McAteer argues that Palin does not "seem to understand the complexities of women in the women's hockey world" where "lesbians are a visible part of the game" and female hockey players "battle stereotypes that force them to defend their 'feminity' as they play a 'masculine game.' Notwithstanding this disconnect, McAteer argues, Palin has appropriated an association with hockey because it is politically useful:
Palin's claim to authority as a "hockey mom" is useful to her because this paradoxical phrase symbolizes the essence of Palin's brand. The unflinchingly patriotic masculinity associated with hockey allows Palin to take on a powerful position, but by fusing it with motherhood politics, she's kept within her God-given role as a submissive wife, mother, running mate, and perhaps even as a sort of First Lady.With the interrelation of sports and gender taking on an important role in this campaign, it's good to get political commentary from a hockey coach!
Via Women's Hoops Blog.
Friday, August 29, 2008
Governor Palin Supports Title IX
(Photo from Huffington Post. Palin is on the right.)
Intrigued by the sports narrative that accompanied John McCain's announcement that he has chosen Alaska Governor Sarah Palin to be his running mate -- we were immediately introduced to Palin the hockey-mom, coach, and former high school basketball state champion nicknamed Sarah-the-Barracuda -- I wondered what the newly-minted candidate thinks about Title IX. I may disagree with the rest of her politics, but I was pleased to discover that she has publically credited Title IX for contributing to her success in politics. In a 2007 interview, the Alaska Business Monthly asked Palin:
You're the first female governor of Alaska. In a recent article, you credit the Title IX federal law, which guarantees women equal opportunities in education, including school sports, with helping you get where you are.Palin replied:
I had a great upbringing under Title IX. I can't imagine where I'd be without the opportunities provided to me in sports. Sports taught me that gender isn't an issue; in fact, when people talk about me being the first female governor, I'm a little absent from that discussion, because I've never thought of gender as an issue. In sports, you learn self-discipline, healthy competition, to be gracious in victory and defeat, and the importance of being part of a team and understanding what part you play on that team. You all work together to reach a goal, and I think all of those factors come into play in my role as governor.It is, to be sure, more than a little problematic (and possibly quite telling) that she claims "gender is not an issue" as this could mean that she doesn't think gender discrimination exists today. Surely as an athlete and a politician she has seen the ways in which women are marginalized, trivialized and sexualized, so perhaps what she really meant is that gender is not an obstacle. But even if that is not what she means, it is still notable that she credits Title IX for her opportunity to play and learn from sport. It would be nice to see a Republican come to the statute's defense.
Interview link via Because I Played Sports
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