June 23rd, 2022, marks the 50th year anniversary of Title IX. The policy reads “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any education program or activity receiving Federal financial assistance”. Historically, women were not always given opportunities. Title IX was created to correct this injustice. As we approach the 50th anniversary, it is important to reflect on all the success this policy has brought. However, has there been enough? Are female public athletic programs truly treated as they should? The answer is no, but the question is why?
The study focuses on Michigan public high schools and serves to understand what may relate to schools not complying with Title IX. Specifically, the relationship between Average Household Income (AHHI), Free and Reduced lunch (FRL), and football programs to compliance. The studied hypothesized high schools in communities with lower household incomes, higher percent of students eligible for free lunch and possess a large competitive football team are on average less compliant with Title IX.
The sample in the study was collected based off of a geographically stratified sample of Michigan. The state was separated into nine geographic regions. Three in the Upper Peninsula, and six in the Lower Peninsula. Two public high schools from each region were randomly selected. Next information for each school regarding AHHI, FRL, and football programs were collected for each of the eighteen schools. Once information on these three variables was collected, compliance with Title IX needed to be determined.
To comply with Title IX schools must offer equal opportunities to participate as well as equal benefits and treatment to male and female athletes. Schools must have both to be in compliance with Title IX. Equal opportunities to participate is evaluated on a three-prong test: substantial proportionality, historical and continued expansion, and lack of interest. A school only needs to satisfy one prong to have equal opportunities in participation. For equal benefits and treatment, a school must have equal quality of resources for the male and female athletics overall. Additionally, the specific benefits that must be of equal quality are referred to as a “laundry list” and include facilities, coaches, and practice times. Understanding if a school satisfies both of these requirements is an intense, complicated and time-consuming process. Unfortunately, the time constraints of the study limited the ability to fully understand each school’s compliance with Title IX (leading to inconclusive results). However, three schools were found not in compliance: Mt. Pleasant, Mona Shore, and Midland High school’s. All three were within the largest football class (“A” with 863 students and above) and listed sideline cheer as an athletic opportunity. Sideline cheer is not covered under Title IX as a sport due to its nature of enhancing the game day experience.
The results suggest larger schools offering sideline cheer are less compliant with Title IX. Additionally, high schools within the central lower peninsula of Michigan were found less compliant than any other region. No definitive connection between AHHI, FRL, football, and Title IX compliance could be found. However, trends related to the three schools not compliant with Title IX leads this research to believe compliance is related to the size of a school’s student body (and football program), geographic region, and type of athletic opportunities offered.
Due to the time constraints, determining compliance for each school was a challenge and left many inconclusive results. One reason information on each school’s compliance was difficult to obtain was because schools do not have to report this information. Strict federal oversight and transparency can help this information become easily accessible and reliable. Additionally, time constraints limited the study’s sample size. As a country, we must push for the implementation of federal legislation to hold high schools accountable. Additionally, more research, money, and strict enforcement of policy. Female athletes should not be seen or treated as second-class citizens. School’s give all students laptops, not just boys. Athletic programs should be treated similarly because all students deserve equal opportunity and treatment in publicly funded athletic programs.
Dayna Katz is a Senior Honors student at the Indiana University O’Neill School of Public and Environmental Affairs studying Law and Public Policy. This analysis was possible due to the help and guidance of Jayma Meyer.
Leave a Reply