It is intent of this Policy that equal athletic opportunities be available for members of both sexes. As provided in Federal regulations and Office for Civil Rights guidelines, in determining whether equal opportunities are available, the following factors will be considered:
a) Whether the nature and extent of the sports programs (including the levels of competition, such as varsity, club, etc.) effectively accommodate the interests and abilities of members of both sexes;
b) The provision of equipment and supplies;
c) The scheduling of games and practice time;
d) The provision of travel and per diem allowances;
e) The nature and extent of the opportunity to receive coaching and academic tutoring;
f) The assignment and compensation of coaches and tutors, including the provision of administrative and clerical support;
g) The provision of locker rooms, practice, and competitive facilities;
h) The provision of sports medical and training facilities and services;
i) The provision of housing and dining facilities and services;
j) The nature and extent of publicity;
k) Opportunities and funding for recruitment of prospective student athletes.
While each factor does not, in and of itself, have to be distributed equally to men and women athletes, the overall program should represent a reasonably equal apportionment of services to athletes. All prime time practice hours in the main gymnasium should not, for example, be allotted to men's intercollegiate teams, nor should women receive inferior equipment, lower travel allowances, or lesser publicity.
Each campus is encouraged to conduct a self-study to determine its compliance with these factors and prepare a plan to eliminate deficiencies if they exist.
Teams in this category may be offered separately for men and women or a single team may be offered. When a single team is offered, and members of one sex are completely or substantially excluded, the campus must offer separate teams if the athletic interests of the excluded sex are not otherwise accommodated. For example, Campus X decides to offer a single boxing team, but when tryouts are completed, it finds that all but one of the twenty females who tried out were eliminated. If boxing is a high priority on the list of sports in which women students wanted to participate, then the campus must offer separate teams. If boxing is low on the list and the sponsorship of teams in other sports would more effectively accommodate the interests of the excluded sex, then the campus may continue with the single boxing team.
At this level, contact sports activities may be offered on a separate basis, a single-activity basis, or both. However, if a campus chooses to sponsor only a single activity and members of one sex are completely or substantially excluded, the campus must offer separate activities if the interests of the excluded sex are not otherwise accommodated. (See Level One Activities, above.)
Campuses may offer either coeducational teams or separate teams for noncontact sports at this level. Noncontact sports activities at this level, which do not involve selection based on skills, must be offered on a coeducational basis. When selection for teams is based upon competitive skill, separate teams for noncontact sports may be offered for members of each sex. However, if a campus offers a noncontact sport at this level for members of one sex, but such a sport is not available to members of the other sex, and athletic opportunities for members of that sex previously have been limited, members of the excluded sex must be allowed to try out for the sport.
See Section 153.224.
Federal and State laws do not impose structural requirements on program administration. Single athletic departments are no more or less acceptable than separate men's and women's departments. However, when a campus contemplates a change in administrative structure, it must take care to assess the effects on employees of both sexes of current and proposed administrative models. The campuses may not adopt any structural model which has a disproportionately adverse effect upon employment opportunities of employees of one sex.
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