[Congressional Record Volume 149, Number 77 (Thursday, May 22, 2003)]
[Senate]
[Pages S7054-S7056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUBMITTED RESOLUTIONS
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SENATE RESOLUTION 153--EXPRESSING THE SENSE OF THE SENATE THAT CHANGES
TO ATHLETICS POLICIES ISSUED UNDER TITLE IX OF THE EDUCATION AMENDMENTS
OF 1972 WOULD CONTRADICT THE SPIRIT OF ATHLETIC EQUALITY AND THE INTENT
TO PROHIBIT SEX DISCRIMINATION IN EDUCATION PROGRAMS OR ACTIVITIES
RECEIVING FEDERAL FINANCIAL ASSISTANCE
Mrs. MURRAY (for herself, Ms. Snowe, Mr. Daschle, and Mr. Kennedy)
submitted the following resolution; which was referred to the Committee
on Health, Education, Labor, and Pensions:
S. Res. 153
Whereas title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), also known as the ``Patsy Takemoto Mink
Equal Opportunity in Education Act'' (referred to in this
resolution as ``title IX''), prohibits education programs or
activities, including athletic programs or activities, that
receive Federal financial assistance from discriminating on
the basis of sex;
Whereas prior to 1972 and the enactment of title IX,
virtually no college offered athletic scholarships to women,
fewer than 32,000 women participated in collegiate sports,
and women's sports received only 2 percent of college
athletic dollars;
Whereas the regulation implementing title IX was submitted
to Congress, multiple hearings were held, and the regulation
became effective July 21, 1975, with specific provisions
governing athletic programs and the awarding of athletic
scholarships;
Whereas according to the Department of Education's 1979
Policy Interpretation, which interprets the application of
title IX
[[Page S7055]]
and its implementing regulations to athletics, an educational
institution may demonstrate compliance with title IX's
requirement that it allocate athletic participation
opportunities on a nondiscriminatory basis to male and female
athletes by meeting 1 of the criteria in a 3-part test, by
demonstrating--
(1) that intercollegiate level participation opportunities
for male and female students are provided in numbers
substantially proportionate to their respective enrollments
at the institution;
(2) a history and continuing practice of program expansion
responsive to the developing interests and abilities of
members of the underrepresented athletes' sex; or
(3) that the interests and abilities of the members of the
underrepresented athletes' sex have been fully and
effectively accommodated by the present program;
Whereas the 1979 Policy Interpretation and its 3-part test
have been in place for over 2 decades and have been supported
by both Republican and Democratic administrations;
Whereas 2 out of 3 educational institutions comply with the
second or third criterion of the 3-part test;
Whereas the Office for Civil Rights of the Department of
Education issued a Clarification of Intercollegiate Athletics
Policy Guidance in 1996 regarding the 3-part test--
(1) confirming that educational institutions can comply
with title IX's requirement of nondiscriminatory allocation
of athletic participation opportunities by meeting any single
part of the 3-part test;
(2) setting out specific examples for compliance to guide
the institutions; and
(3) confirming that there are no strict numerical formulas
for determining title IX compliance;
Whereas the 1979 Policy Interpretation and the 1996
clarification provide educational institutions with ample and
fair guidance on compliance with title IX and provide
flexibility to the institutions so that they may determine
for themselves how best to comply with the law;
Whereas the enforcement mechanism of title IX, the 3-part
test, has been upheld as legal and valid by each of the 8
United States Courts of Appeals to consider it;
Whereas since the beginning of title IX implementation,
men's participation in intercollegiate sports has increased
from 220,178 to 231,866, and women's participation in those
sports has increased from 31,852 to 162,783, an increase of
more than 400 percent;
Whereas the number of girls participating in athletics at
the high school varsity level has increased from 294,015 in
1972 to 2,784,154 in 2001, an 847 percent increase;
Whereas sex discrimination in athletics persists, despite
the strides made under title IX, with, for example, female
athletes receiving only 42 percent of the college athletic
participation opportunities nationwide, even though female
students make up 56 percent of the college population, and
female athletes receiving $133,000,000 fewer athletic
scholarship dollars per year than their male counterparts;
Whereas nothing in title IX or its policies requires
educational institutions to reduce men's athletic
participation opportunities to come into compliance with
participation requirements and 72 percent of colleges and
universities that have added women's teams have done so
without cutting any teams for men;
Whereas recommendations made by the Commission on
Opportunity in Athletics for changes to the athletics
policies issued under title IX would seriously weaken title
IX's protections and result in significant losses in athletic
participation opportunities and scholarships to which women
and girls are entitled under current law; and
Whereas those recommended changes to the title IX athletics
policies would allow an educational institution that fails to
equally accommodate its male and female students to be in
compliance with title IX without having to fully demonstrate
that discrimination does not exist in the institution's
athletic programs: Now, therefore, be it
Resolved, That it is the sense of the Senate that--
(1) changes to athletics policies issued under title IX
would contradict the spirit and intent of title IX's mandate
to provide equal opportunities in athletics;
(2) the current title IX athletics policies, namely, the
1975 regulations issued under title IX, and the 1979 Policy
Interpretation, as clarified in the 1996 Clarification of
Intercollegiate Athletics Policy Guidance, should remain
unchanged and be enforced vigorously to eliminate the
continuing discrimination against women and girls in
athletics; and
(3) if the Department of Education changes the current
title IX athletics policies, Congress will respond with
legislation to restore the policies and preserve the right to
equal opportunities in athletics, as mandated by title IX.
Mr. DASCHLE. Mr. President, today is opening day for the seventh
season of the Women's National Basketball Association. The league's
incredible success demonstrates the enormous influence that title IX
has had on women in sports, and in society.
Since the WNBA's inception, the number of players and teams in the
league have doubled, and its popularity has skyrocketed throughout the
Nation, and all over the world. It is fitting, therefore, that the WNBA
has helped lead the way in support of maintaining title IX and its
enforcement. The league has circulated a petition and collected over
25,000 signatures, including those of current and former NBA and WNBA
players, as well as of an impressive array of other prominent
Americans, to voice concern over the proposed changes.
It is in the spirit of this overwhelming support for the effort to
provide equal opportunities for all of America's students that I join
my Senate colleagues in offering a bipartisan resolution on title IX.
Specifically, our resolution would express the sense of the Senate
that the changes to title IX policies recommended by the Commission on
Opportunity in Athletics would run contrary to the spirit and purpose
of the original law, and that the current mechanisms for enforcement
are both fair and reasonable. Our resolution would also state that
Congress will respond to any changes in title IX policy with
legislation to restore these protections, and to preserve the right to
equal opportunities in athletics.
The enactment of title IX in 1972 was a landmark moment in this
history of American education policy. For the first time ever, women
and girls in schools across the Nation could be sure they would receive
the same educational opportunities as their male counterparts--
opportunities to learn, grow, and compete.
But this issue is about more than equality under the law; it is about
demonstrating to our children that confidence and success in our
society, in our workplaces, and on our athletic fields know no gender.
It is about teaching our girls and boys the skills they need to
participate in our society.
Studies have shown that girls who play sports are less likely to
become depressed, fall victim to an eating disorder, take drugs, get
pregnant, and contract breast cancer later in life. Thus, as a result
of title IX and the doors that it has opened, our Nation has produced a
stronger, healthier, happier generation of girls than ever before.
Title IX's successes have been overwhelming. Prior to 1972 and the
enactment of title IX, virtually no college offered athletic
scholarships to women, fewer than 32,000 women participated in
collegiate sports, and women's sports received only 2 percent of
schools' athletic funds.
Since the implementation of title IX, men's participation in
collegiate sports has increased, and women's participation has
increased more than 400 percent. At the high school level, the increase
in athletic opportunities for women and girls has been even more
staggering; since 1972, female participation in high school varsity
athletics has increased from 294,015 to 2,784,154, an increase of 847
percent.
While title IX has already enjoyed many successes, the fact remains
that sex discrimination in athletics persists. Unfortunately, the
Secretary's Commission on Opportunity in Athletics has proposed changes
to title IX enforcement that are deeply troubling.
The Commission's report ignores clear evidence showing that our
daughters' new opportunities have not come at the expense of our sons.
Nothing in title IX or its policies requires schools to reduce men's
opportunities to comply with participation requirements, and 72 percent
of colleges and universities that have added women's athletic teams
have done so without cutting any teams for men. In fact, evidence
suggests that we must do more to strengthen title IX enforcement, not
weaken it.
Currently, despite the fact that women comprise 56 percent of the
college population, female athletes receive only 42 percent of the
college participation opportunities nationwide. In addition, women and
girls receive $133 million fewer scholarship dollars annually than
their male counterparts.
The changes being proposed would significantly weaken the existing
mechanisms for enforcing title IX's provisions--mechanisums that have
been in place for decades and have provided adequate flexibility to
educational institutions seeking to demonstrate compliance.
Moreover, the current enforcement mechanism has been repeatedly
affirmed--by the regulations issued by the Department of Education in
1975,
[[Page S7056]]
by the Department's 1979 policy review, and by the 1996 Clarification
of Intercollegiate Athletics Policy Guidance.
These policies have remained unchanged for 20 years, thanks to the
affirmation of both Republican and Democratic administrations. Instead
of evaluating proposals that could weaken title IX, the administration
should focus on efforts to continue to build on its history of success.
The argument used by detractors of title IX in favor of the
Commission's recommendations is that title IX has increased athletic
opportunities for women to the detriment of those available to men.
This is simply not true.
Today, the Senate must take a strong stand in favor of title IX as it
is currently written and enforced. Title IX is an integral part of the
effort to provide America's students with the opportunities they need
and deserve to achieve their full potential, and we must not retreat
from this goal. I urge my colleagues to join me in support of this
important resolution.
Mr. KENNEDY. Mr. President, Title IX of the Education Amendments of
1972 prohibits discrimination on the basis of sex in all education
programs and activities that receive Federal funding, including sports.
When Congress passed this important civil rights law, it intended to
give girls and women opportunities equal to those of boys and men in
all education programs receiving taxpayer dollars. Today, on opening
day of the Women's National Basketball Association's seventh season, we
see again the enormous impact of Title IX on women's sports. Since its
first season in 1997, the WNBA has doubled its number of teams from 8
to 16. Last year, millions of fans from countries throughout the world
tuned to see 176 women play professional basketball in 256 regular-
season WNBA games.
Over the past 31 years, Title IX has expanded athletic opportunities
at all levels for all women. Fewer than 32,000 women participated in
college sports before Title IX. Today, the number is 163,000.
Opportunities for girls in high school have grown even more incredibly,
from 294,000 to almost 2.8 million.
Athletic opportunities contribute to better health for women, and
they also translate into better outcomes in many other areas as well.
Participation in sports builds confidence, improves self-esteem,
reduces stress, teaches teamwork, and improves achievement in
education.
The female athletes of the past 31 years who have reaped the benefits
of Title IX are a tribute to its success. Countless women have taken
the lessons they learned on the playing field and applied them to the
rest of their lives. They serve as role models for us all. And one of
the things they have proved so clearly is that when the opportunities
are there, women will show up to play.
But it's never clear sailing for Title IX. Despite all the progress
in athletic opportunities under the current law, women continue to lag
behind men in playing time and funding. Women in Division I colleges
comprise 53 percent of the student body, but they receive only 41
percent of the opportunities to play in intercollegiate sports, 43
percent of athletic scholarship dollars, 36 percent of athletic
budgets, and 32 percent of the dollars spent to recruit new athletes.
Even though parity is not yet achieved, a movement is under way to
undermine Title IX. The Bush Administration's Commission on Opportunity
in Athletics has issued recommendations that would drastically reduce
its enforcement and put women and girls at a disadvantage by permitting
schools to reduce athletic opportunities and scholarships for women.
The Women's Sports Foundation estimates that college women would lose
50,000 slots and $122 million in scholarships under one of the
Commission proposals. High school girls would lose 305,000
opportunities. What is needed is even stronger enforcement of Title IX,
not weakening or modifying it. The Department of Education should
concentrate its efforts on fully and fairly enforcing the existing law
through existing mechanisms.
Current law on Title IX is fair, and it provides schools with
flexibility in meeting its requirements. They can comply in any one of
three ways: by showing that the percentages of male and female athletes
are substantially proportionate to the percentage of male and female
student enrolled full-time; by demonstrating a history and continuing
practice of program expansion to meet the needs of the under-
represented athletes; or by demonstrating that their interests and
abilities have been fully and effectively accommodated.
This three-part test has been in place for over two decades, and has
been supported by both Republican and Democratic administrations. It
has been upheld by all eight Federal Courts of Appeals who have
considered it.
Some critics claim that the first prongs of the three prong test,
called the proportionality text, has become the de facto test of
compliance. But in fact, 2 out of 3 schools comply with Title IX
through the second and third options, not through proportionality.
The major complaint is that Title IX has hurt men's sports. Yet,
since the beginning of Title IX implementation, men's participation in
intercollegiate sports has actually increased, and so has the total
number of teams for men. Nothing in Title IX or its policies requires
schools to reduce men's opportunities. 72 percent of colleges and
universities that had added women's teams have done so without cutting
any teams for men. When schools have discontinued men's or women's
teams, a lack of student interest was cited as the most important
factor in the decision. Schools also discontinue men's and women's
teams because of choices about how to allocate their resources. These
decisions are not the product of a Title IX mandate.
Unfortunately, the President's Commission was not representative of
the whole Title IX community. Two-thirds of the Commissioners
represented Division I-A colleges, which have the largest men's
basketball and football budgets and therefore the most to gain from
weakening Title IX. No Division II or III colleges, no community
colleges, and no high schools were represented, even though they tend
to have the most successful record of implementation of Title IX. Twice
as many opponents of Title IX were asked to testify before the
Commission, compared to proponents of the law. Institutions that had
been sued for non-compliance and lost their cases were invited to
testify, but the women who were discriminated against and who brought
these suits and the schools that have complied with the law
successfully were not invited.
In response to the unfairness of the process and resulting findings,
two of the Commissioners issued a minority report summarizing the
problems with the Commission and its recommendations. Secretary of
Education Paige has refused to consider the concerns raised in the
minority report. Needless to say, the Commission was not fair and
impartial, and it should not be the basis by which Congress judges
Title IX. The Commission's proposals contradict the spirit of athletic
equality and the intent to prohibit discrimination against girls and
women in education.
Today, we submit a bipartisan resolution to maintain Title IX and
strengthen its enforcement. Only then will full promise be achieved. We
must retreat from the Nation's commitment to equal opportunity for
women and girls in education and athletics. Girls and boys, women and
men, need education opportunities such as athletics to allow them to
build character, self-esteem and motivation. The past 31 years
demonstrate the amazing advances that women and girls have made in
athletics when they are given the opportunities to play, and it would
be shameful for Congress or the Administration to misuse that
extraordinary success as an excuse to retreat now.
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