Creating A Permanent Title IX File: A Pathway to Compliance

Title IX of the Education Amendments of 1972 and its application to school athletics programs requires ongoing oversight and implementation by school district personnel. At its core, Title IX is about balance, equity and fundamental fairness. By focusing, in a structured way, on issues of equal opportunity for male and female students in a school’s interscholastic athletics program, there is much to be gained by all students when it is understood that interscholastic athletic programs are school programs and, therefore, must be equally accessible to all.

Excluding anyone from participation in or denying the benefits of interscholastic athletic program opportunities because of gender is arguably the same as excluding or denying someone because of gender the right to a free and appropriate public education.

Achieving Title IX compliance should be an institutional commitment. Assessing the school’s athletic program for Title IX compliance should be a yearly proactive leadership function of the athletic director and the school district’s Title IX coordinator.

Carrying out a Title IX assessment can be a challenging educational process with potential benefits for all those in the school district and community concerned with interscholastic athletics. Ongoing data collection and yearly assessments as part of the regular routine of athletic directors and school district Title IX coordinators clearly demonstrates the school’s commitment to using “best practice” to move in the direction of meeting compliance.

When assessing a school’s athletic program for Title IX compliance, athletic directors and Title IX coordinators will need to focus on two primary areas: equal access to the program, and equal treatment once in the program.

For Title IX athletics, equal access is addressed by the program component of the “accommodation of interests and abilities” which includes the three-prong test. Equal treatment of those who are already participants are addressed by 11 other program areas of “other athletic benefits and opportunities” often referred to as “the laundry list.” Compliance is determined by collecting information for every team for every factor within each of the program components.

After analyzing the information, a compliance conclusion is made for each program component including the 11 program areas under “other athletic benefits and opportunities.” The final assessment and analysis of a school’s athletic program will only be as good or valuable as the quality of information and data that is collected to be reviewed.

An important starting point when assessing a school’s athletics program for Title IX compliance is to establish a permanent Title IX file. This file will hold all the documentation and data necessary to analyze and assess the school’s athletics program. A permanent Title IX file will provide the proof or evidence required by the Office for Civil Rights should a complaint be filed alleging noncompliance by the school. This file also provides the comprehensive documentation of the athletics program necessary for identifying issues, creating strategic plans and tracking progress of the school’s Title IX athletics compliance.

The permanent Title IX file should be housed in a location that is accessible by both the athletic director and the Title IX coordinator. Much of the data will be generated and updated as a routine part of the work of the athletic department. Both the athletic director and the Title IX coordinator should be conversant relative to the data collected and its analysis. The permanent Title IX file, at minimum, should include the following documentation:

• All Title IX self-assessments that have been performed, filed by year.

• Any correspondence within the district regarding Title IX compliance and any correspondence with the Office for Civil Rights.

• Documentation of all communications regarding gender equity.

• A record of any complaints regarding gender equity issues relative to the school’s athletics program and documentation of the resolution.

• Written booster club/parent group agreements including school board policy relative to booster club and/or parent- group organizations. Documentation of outside contributions to the athletics program including booster clubs.

• Records of all Student-Athletic Participation Interest Surveys including results of such surveys filed by year.

• Documented school enrollment figures updated yearly.

• All current school board approved salary schedules for coaches.

• Competition schedules for all sports for the past two years.

• Documentation of all team practice schedules for the past two years.

• Documentation of all sports teams the year the sport was established, the year it was eliminated and the year it was re-established.

• School-sponsored season (fall, winter, spring) sport schedules and game programs for the past two years.

• Current or most recent student-athlete, coach or other athletics personnel questionnaire responses and/or interview responses completed as part of the school’s Title IX assessment process.

• District facility documents that illustrate the design of each facility and all amenities at each facility.

• Documented facility usage schedules for all athletic facilities.

• Documented designation of locker room space assigned to each team.

• In the event of renovations or new construction of athletic facilities, plans and layout designs.

• Documented rotation and replacement plan for uniforms for all athletic teams.

• School-generated athletic handbooks.

• Written minutes for all “Gender Equity Committee” meetings. The “Gender Equity Committee” concept may be a useful tool for schools to assist in assessing the school’s athletics program for compliance and addressing gender equity issues that may exist.

Title IX compliance within a school’s athletic program is determined by comparing benefits provided to female and male student- athletes across all teams. As the permanent Title IX file is developed and maintained, the athletic director, Title IX coordinator and potentially the “gender equity committee” must have a general understanding of how discreet pieces of information are assessed within the context of the overall athletic program. In that regard, additional training or resources may be necessary.

The NIAAA’s Leadership Training Course 506: “Legal Issues II: Title IX and Sexual Harassment” is a valuable resource available to athletic directors and Title IX coordinators to further assist them in understanding the basic analyses for athletics compliance. Additional training can be available through professional organizations that deal with Title IX compliance, the school district’s legal counsel or by contacting a Title IX consultant to guide schools through the compliance process.

The school district’s Title IX coordinator and athletic director should continually monitor and assess the athletics program relative to providing gender-equitable opportunities and treatment. The assessment process is not a static process or a one-time opportunity. The Title IX coordinator along with the athletic director should develop methods of disseminating information about Title IX compliance to student-athletes, coaches, administrators, school board members and community members; handle questions or complaints regarding compliance or any other issues related to gender equity; and monitor compliance on an ongoing basis, particularly in the event of any changes in the assessment standards promulgated by the Office for Civil Rights. These individuals are responsible for ensuring that the district meets the standards for Title IX compliance.

Communication is imperative between the Title IX coordinator and the athletic director to achieve success. The permanent Title IX file will be the best tool to facilitate this communication.

Resources:
1. Good Sports, Inc., www.titleixspecialists.com
2. Association of Title IX Administrators, www.atixa.org
3. Know Your IX, www.knowyourix.org
4. National Federation of State High School Associations, www.nfhs.org
5. National Interscholastic Athletic Administrators Association, www.niaaa.org
6. Women’s Sports Foundation, www.womenssportsfoundation.org