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Factors influencing Title IX compliance in college athletics

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Factors influencing Title IX compliance in college athletics
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Calkins, Carol King
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College sports -- Law and legislation -- United States ( lcsh )
Sports for women -- United States ( lcsh )
Sex discrimination in sports -- Law and legislation -- United States ( lcsh )
College sports -- Law and legislation ( fast )
Sex discrimination in sports -- Law and legislation ( fast )
Sports for women ( fast )
United States ( fast )
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theses ( marcgt )
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Includes bibliographical references (leaves 178-185).
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by Carol King Calkins.

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Full Text
FACTORS INFLUENCING TITLE IX COMPLIANCE
IN COLLEGE ATHLETICS
by
Carol King Calkins
B.A., University of Colorado, 1972
M.B.A., University of Northern Colorado, 1982
A thesis submitted to the
University of Colorado at Denver
in partial fulfillment
of the requirements for the degree of
Doctor of Philosophy
Public Affairs
2000


2000 by Carol King Calkins
All rights reserved.


This thesis for the Doctor of Philosophy
degree by
Carol King Calkins
has been approved
by
27 /Wv/ 2onn
Date


King Calkins, Carol (Ph.D., Public Affairs)
Factors Influencing Title IX Compliance in College Athletics
Thesis directed by Professor Linda deLeon
ABSTRACT
This study examines institutional compliance with Title IX of the
Education Amendments Act of 1972. The working hypotheses posit
internal and external factors affecting Title IX compliance in college
athletics. Explanatory models are developed by drawing on a review of
literature in the areas of feminist, compliance, and policy implementation
theories.
The target population comprises 305 NCAA Division I universities.
A survey requesting gender equity data and assessments of the
importance of various internal and external factors was sent to the Senior
Woman Administrator at each institution; a response rate of 51 percent
was achieved. Two measures of compliance are examined as the
dependent variables: participation rate (substantial proportionality) and
financial aid parity (exact proportionality). Based on findings, substantial
proportionality was used as the compliance measure to develop the
models (substantial and exact proportionality are inversely related).
Various internal and external factors are utilized as the independent
variables and correlated in relationship to the compliance measures using
stepwise multiple regression. In addition to the survey, a quota sample
IV


process was used to select seven of the respondents for 30-minute
telephone interviews. These universities represent all three divisions,
a variety of regions of the country, and various levels of compliance with
Title IX. This qualitative approach provided perceptual and attitudinal
dimensions and insights into why certain institutions comply with Title IX
and why other institutions do not comply.
The study finds that Division l-AAA schools are more likely to
comply than Division l-A and Division l-AA, which sponsor football.
Schools in the southern states are less likely to comply. Financial
revenue and the capacity to access resources assist in a school's ability
to comply. Finally, within an institution, the key decision makers
(University President, Athletic Director and SWA) attitudes and
commitment are influential in determining whether the athletic program
complies with Title IX.
The results provide explanatory models of compliance by
identifying factors that affect compliance, clarifying the measures of
compliance and their interaction, and utilizing this knowledge to provide
strategies by which more universities can achieve Title IX compliance in
the area of athletics.
This abstract accurately represents the content of the candidate's thesis.
I recommend its publication.
Signed
Linda deLeon
v


DEDICATION
To my husband, Mike, his endless love and support made it possible for
me to endure and complete this process. And to my daughter, Katrina,
her enthusiasm and passion for life is an inspiration.


ACKNOWLEDGEMENT
There have been many people who have assisted me in the
completion of this thesis. Many have provided me with greater insights
and clarity about issues of implementing public policy, compliance,
feminism and how they relate to Title IX. Their many suggestions
improved this final product and provided me with a greater understanding
of the field of public affairs.
At the top of the list is Linda deLeon whose experience and
valuable insights provided me the guidance and direction necessary for
me to complete my thesis, always making suggestions to improve the final
product. Others on my Committee including Kathleen Beatty and Richard
Stillman, from the Graduate School of Public Affairs, Jana Everett, from
the Political Science Department, and Karen Morrison, from the Athletic
Department (Boulder), each added a different perspective, which resulted
in the creation of a better product.
Another individual who I want to acknowledge is Peter deLeon.
He encouraged me, raised my standards of quality, and helped me to
maintain my focus to complete all components of the doctoral program.


Others who have assisted me include Mary Lou Eick whose
transcription of the interview tapes provided valuable information in a
timely manner, and Marian Bussey whose knowledge of statistics provided
me with a better understanding of the quantitative analysis portion of my
research study.
Finally, I would like to acknowledge, as a group, some of my fellow
doctoral students. There were times that their supportive and encouraging
words were key in keeping me going and ultimately completing the
program. For those of you who have already or are close to completion,
congratulations! For those who are still working on your dissertations,
I want to encourage you to keep going. You can do it!


CONTENTS
Figures..................................................xiii
Tables...................................................xiv
CHAPTER
1. INTRODUCTION............................................1
The Problem.............................................5
Theoretical Issues.....................................12
Purpose of the Study...................................14
Assumptions and Limitations.......................... 15
Relevance of the Study.... 17
Organization of the Study..............................18
2. LITERATURE REVIEW......................................20
Historical Context.....................................20
1972-1983: The First Phase of
Title IX Implementation ,...........................21
1984-1987: The Second Phase of
Title IX Implementation.............................28
1988-1996: The Third Phase of
Title IX Implementation.............................31
IX


1997 to Date: The Fourth Phase of
Title IX Implementation ..........................35
Success or Failure of Compliance....................37
Key Factors That Affect Compliance..................39
3. COMPLIANCE/NONCOMPLIANCE IN
A THEORETICAL FRAMEWORK.............................53
Policy Implementation as a Theoretical Framework....53
Feminist Theory.....................................61
Theories of Compliance..............................66
Development of Explanatory Models...................69
The Dependent Variables..........................69
The Independent Variables........................73
4. METHODS.............................................81
Selection of Subjects...............................81
Survey Instrument...................................84
Administration of the Survey........................86
Phase One Statistical Analysis....................89
Phase Two Telephone Interviews....................89
x


5. RESULTS.................................................92
Descriptive Information on the Respondents..............92
Analysis of Compliance Factors.........................100
Analysis of Internal and External Factors..............105
Results of the Interviews..............................117
6. DISCUSSION AND CONCLUSIONS.............................126
Overview of Significant Findings.......................126
Division as a Factor of Compliance..................129
District as a Factor of Compliance..................130
Undergraduate Population as a
Factor of Compliance................................131
Financial Resources as
Factors of Compliance...............................132
Football Variables as
Factors of Compliance...............................133
Model 3 Variables as
Factors of Compliance...............................135
Study Limitations......................................140
Implications for Institutional Efforts to
Achieve Compliance.... ................................144
Consideration of the Title IX Literature...............146
XI


Consideration of Compliance Literature
149
Recommendations for Future Research...............151
Conclusion........................................152
APPENDIX
A. SURVEYS, INTRODUCTION AND
COVER LETTERS.....................................155
Introduction Letter...............................156
Cover Letter for First Survey Mailing.............157
Title IX Compliance Factors Survey
October 1999......................................158
Subject Consent Form..............................165
First Follow Up Letter............................166
Second Follow Up Letter...........................168
Title IX Compliance Survey January 2000...........169
B. TELEPHONE INTERVIEW QUESTIONS.....................174
Title IX Compliance Factors Interview.............175
Institution Specific Interview Information........177
BIBLIOGRAPHY...............................................178
xii


FIGURES
Figure
2.1 Title IX Compliance Areas in Athletics....................26
3.1 Internal and External Factors in Relation to Compliance...77
6.1 Internal and External Factors in Relation to Compliance
based on Study...........................................128
xiii


TABLES
Table
5.1 Response Rate by Division....................................93
5.2 Response Rate by NCAA District...............................95
5.3 Characteristics of Study Sample
Interval Independent Variables..............................97
5.4 Characteristics of Study Sample
Ordinal Independent Variables...............................98
5.5 Percent of Compliance Past 4 Years........................100
5.6 Correlation of Compliance Measures..........................102
5.7 Range of Variation of Compliance
For Substantial Proportionality............................104
5.8 Correlation of Independent Variables with
Substantial Proportionality................................107
5.9 Model 1 All Programs......................................109
5.10 Model 2 Football Programs.................................111
5.11 Model 3 Survey Programs...................................112
5.12 Rating Scale of Independent Variables.......................115
5.13 Model 4 Rating Scale Programs.............................116
XIV


CHAPTER 1
INTRODUCTION
Formulating public policy through federal statutes is perceived by
the public as a means to address a variety of problems effectively. The
belief that public policy formulation ends with the enactment of a federal
statute is so common that it's a cliche: 'There oughtta be a law!" Even
, with such complex issues as nondiscrimination and gender equity, there is
a perception by some that change is achieved once a law has been
enacted. After a statute has been passed by Congress and signed into
law, however, the process of implementation and compliance can be slow
and arduous, often requiring a timeframe of a decade or more (Sabatier
1988). This research focuses on one specific nondiscrimination statute -
Title IX and the differential implementation it has experienced in the area
of college athletics since its enactment in 1972, nearly three decades ago.
Title IX of the Education Amendments Act of 1972 deals with
nondiscrimination in education based on gender; it was signed into law by
President Richard Nixon on June 23, 1972. Most previous research on
Title IX has focused on whether institutions comply or do not comply.
Although compliance is a critical issue in the study, the main emphasis in
1


this research is on why institutions comply what variables affect their
level of compliance. An institution's decision to comply with a law can be
influenced by a variety of factors both internal and external. This study of
the differential implementation of Title IX in college athletics is an effort to
identify key factors and their degree of impact on adherence to the law.
The goal of the implementation process is to achieve the legal
objectives that have been designated in both the original statute and
throughout the policy process. The process goes through a number of
stages beginning with passage of the statute, followed by policy
interpretation by the implementing agency and then the compliance of the
target group(s). Each of these stages has both intended and unintended
consequences, sometimes resulting in important revisions being made to
enhance compliance with the statute.
Occasionally key revisions take place during the implementation
process that can change the level of success and compliance with a
policy. These revisions can take the form of executive orders, court
decisions, or new or revised statutes. Mazmanian and Sabatier (1984)
describe what public policy goes through as a process of formulation,
implementation, and reformulation. Examining Title IX over its 27-year
2


history demonstrated a process that might be better described as a
recurring cycle of formulation, implementation, reformulation, and
reimplementation. To better understand the fluctuating successes and
failures of Title IX, this study examines, from the perspective of Senior
Woman Administrators at colleges and universities, the factors that have
influenced their institutions' level of compliance.
Since its enactment, the number of women athletes in National
Collegiate Athletic Association (NCAA) Division I schools has increased,
but not at a pace that would be expected for a law mandated more than
27 years ago. Although the participation rate since 1972 has increased by
over thirty percent and may appear to be promising, gender
discrimination in intercollegiate athletics is still a serious problem
nationwide (Forseth, Karam, and Sobocinski 1995, 51). Examining
Title IX implementation from its inception provides one perspective into
why Title IX compliance has experienced both phases of growth and
stagnation and continues to elude many collegiate athletic programs.
Implementation of Title IX has gone through three specific phases
and in 1997 began moving into a fourth phase: from its enactment in 1972
to 1983, there were increases in opportunities for women in college
3


athletics; from 1984 to 1987, when the Supreme Courts 1984 Grove City
College v. Bell decision came down, implementation was in a holding
pattern; from 1988 to 1996, with the passage of the 1988 Amendments to
the Civil Rights Restoration Act of 1987 and various legal rulings, Title IX
experienced a renewed focus on implementation and compliance; and
from 1997 to the present, several other key events have occurred that
may affect Title IX compliance.
By 1997, the twenty-fifth anniversary of Title IX, we began moving
into the fourth implementation phase, characterized by a combination that
produced a higher level of conflict: both a greater push for compliance and
a greater resistance to compliance. Several significant events continue to
shape this phase. First, the Equity in Athletics Disclosure Act (EADA) of
1996 requires colleges to provide financial information about their athletic
programs. The Higher Education Amendments of 1998 went one step
further, requiring that EADA reports be submitted to the Secretary of
Education, who in turn must report to Congress beginning in April 2000.
A second event is the Supreme Courts April 1997 decision not to hear
Brown v. Cohen, which was an appeal by Brown University to overturn
lower court rulings that Brown University, regardless of budget constraints,
4


could not achieve compliance with Title IX by eliminating women's sports
along with men's sports. This action could have significant implications for
colleges with athletic programs (Guernsey and Naughton 1997, A39).
Third, the National Womens Law Center alleged that 25 colleges have
been violating a federal anti-discrimination law [Title IX] by giving their
female athletes a disproportionately small amount of sports-related
financial aid (Naughton 1998, A39). It is this Phase Four time-period,
from 1997 forward with specific attention to Division I athletic programs -
that is the focus of this study.
The Problem
From 1971 to 1981, NCAA Division I institutions experienced an
increase in women's participation in athletics from 7 percent to 35 percent.
From 1981 through 1996 (a fourteen-year span) womens participation
rate increased only 3 percent, reaching 38 percent in that year. The
proportion of women in top collegiate sports programs inched forward in
the 1996-97 academic year (from 37 percent to 38 percent), and so did
womens share of athletic budgets (39 percent of financial-aid budgets, 29
percent of operating budgets, 28 percent of recruiting budgets). According
5


to Christine H. Grant, director of womens athletics at the University of
Iowa, [t]hese numbers are not worth getting excited about. At this rate, it
will take us 14 years to get to participation equality (Naughton 1998,
A42).
Although there are more women athletes and more womens sports
today than in 1972, a 1995-1996 study of 110 Division l-A athletic
programs by Gannett News Service indicated that there was an average
gap of 16 percentage points between the numbers of women participating
in sports compared to the numbers of women enrolled at the average
NCAA member school. (Women constituted 52 percent of the
undergraduates at Division I institutions in 1996-97 [Naughton 1998,
A42].) Based on substantial proportionality, the gap must be no more than
5 percent in order for an athletic program to be in compliance. The
purpose of Title IX is to make athletic opportunities equal. It is therefore
logical to presume that where the participation rates are not equal to the
enrollment rates, the educational institution is unfairly favoring one
gender (Harris 1994, 86).
One observer of the current situation (Harris 1994, 58), quoted the
founder of modern Olympics, Pierre de Coubertin: The important thing in
6


[athletic competition] is not to win but to take part; the important thing in
life is not the triumph but the struggle. There are social factors that are
fundamental in making sports a basic part of life. In 1974, President
Gerald Ford, himself an intercollegiate football player, was quoted in a
Sports Illustrated article as saying:
Broadly speaking, outside of national character and an educated
society, there are few things more important to a countrys growth
and well-being than competitive athletics. If it is a cliche to say that
athletics builds character as well as muscle, then I subscribe to the
cliche (Miracle and Rees 1994, 29).
According to Miracle and Rees, there are important lessons learned
in athletics. Sports has socialization value and
[a]dolescents learn the pro-social values necessary to be
successful in business and life. They learn the importance of
success and the need to dedicate themselves to attain success.
They learn respect for authority, self-sacrifice, sportsmanship, and
fair play. They learn to get their kicks on the playing fields and in
the gymnasium rather than through deviant experiments with drugs
and alcohol...They learn to be winners... [l]nterscholastic athletics
is an integral part of the role of the school in inculcating the values
necessary for the perpetuation of American society (17).
The social and economic benefits of athletics are demonstrated in college
when participation in interscholastic athletics helps motivate athletes
academically... (Miracle and Rees 1994, 17). The United State cannot
relegate the intelligence, talents and burgeoning leadership skills of half its
7


population to the sidelines of American life (Schuld and Cantu 1998, 27).
Given the benefits of participating in sports, equity can only be achieved
when women are provided more athletic opportunities.
Examining three studies covering the years from 1995 through
1998 demonstrates minimal movement toward compliance in Division I
athletic programs. In a 1995-1996 Gender Equity study of NCAA
Division I schools, 28 of 305 (9 percent) athletic programs were within
5 percent of substantial proportionality. Only 8 of the 305 (3 percent)
actually met or exceeded substantial proportionality. Thirty-one athletic
programs of the 305 (10 percent) were 28 percentage points or more
below substantial proportionality. The results of this study were clear:
91 percent of the Division I schools were out of compliance, and efforts
needed to be made to change their athletic programs in order to enhance
equity for women. According to Crawford and Strope, (a)lthough strides
have been made in creating equal opportunities for women in sports, the
situation remains far from ideal... most campuses are still far from
compliance with Title IX (1996, 189).
A 1997-98 study of Division I institutions by The Chronicle of Higher
Education indicated a 2 percent increase from the previous year in the
8


proportion of women athletes (40 percent) and scholarship funding
allocated to women athletes (41 percent). The study also indicated that
the percentage of women undergraduates increased from 52 percent to
53 percent in that one-year period. Using substantial proportionality as a
measure of compliance, "[i]n 1997-98, 44 institutions met the five-
percentage-point test [14 percent], up from 36 institutions in 1996-97
[12 percent] and 28 in 1995-96 [9 percent]." Using financial aid as a
measure of compliance, "...47 of the 295 universities [16 percent] that
offer athletics scholarships... met the civil-rights office's standard, up from
16 in 1996-97" (Suggs 1999, A48).
Given that the law is clear, that compliance is relatively easy to
measure, and that means to implement compliance are known and
available, the puzzling question becomes, why do schools not comply?
The intent of this study was to use 1998-99 data to explore this question
by examining to what extent compliance and noncompliance have
occurred, evaluating the measures of compliance, and identifying the key
internal and external factors that contributed to compliance or
noncompliance. The goal was to gain insights from these issues that
would improve theoretical understanding of the compliance process as
9


well as to contribute to moving a greater number of collegiate athletic
programs closer to compliance with Title IX.
Why have there been such differences in how colleges have
implemented Title IX in collegiate athletics? Why is such a small
percentage of colleges in compliance with Title IX? What are the factors
contributing to the varying degrees of compliance? How has the
measurement of compliance (i.e. the operational definition of that concept)
affected full compliance? What can be learned from the answers to these
questions and then utilized to bring all college athletic programs into
compliance with Title IX?
The NCAA Task Force in Gender Equity in its final report (1993)
defined equity as an environment in which either the mens or womens
sports program would be pleased to accept as its own the overall program
of gender equity" (2). Title IX provides equality in the form of alternative
athletic experiences and opportunities. It is based on a segregation model
wherein the goal is to provide separate but equal opportunities for men
and for women.
10


The National Association of Collegiate Women Athletic
Administrators in 1992 refined and adopted their definition of gender
equity as follows:
Gender equity is an atmosphere and a reality where fair distribution
of overall athletic opportunity and resources, proportionate to
enrollment, are available to women and men, and where no
student-athlete, coach, or athletic administrator is discriminated
against in any way in the athletic program on basis of gender. This
is to say, an athletic program is gender equitable when the mens
sports program would be pleased to accept as its own the overall
participation, opportunities, and resources currently allocated to the
womens sports program and vice versa.
According to Susan Greendorfer, testifying in 1994,
Gender equity in sports is not about money. It is about social,
political, and economic opportunities related to access. Access in
this instance relates to opportunities which are tied to some
fundamental changes in societal attitudes and in current
programmatic practices (Hearing on Sports Equity for Women).
There has been unequal treatment of men and women in college
athletics programs. I knew Title IX existed, but I did not know that for the
most part, its mandates have been ignored (Pattison 1994, 263). This
noncompliance with Title IX can no longer be ignored if there is any hope
for gender equity for women in athletics.
Thus the aim of this research is to gain a greater understanding of
why as of 1997-98 only 14 percent of Division I athletic programs were in
11


compliance based on substantial proportionality, why only 16 percent
(primarily different schools) were in compliance based on financial parity,
to evaluate progress as of 1998-99, and to gain insights into how to
increase Title IX compliance in the future such that it conforms more
closely with federal statutes, administrative mandates, and judicial rulings.
Theoretical Issues
Examining the process of turning policy into law and then into
active compliance gained greater interest after the failures of some of
President Johnson's Great Society programs in the 1960s. In examining
the functional stages of the policy process (the stages heuristic of
Lasswell [1971] or Brewer and deLeon [1983]), the emphasis of this study
is on the implementation stage. It has, however, been difficult to construct
a single theory of implementation that applies to all types of policies, levels
of complexity, relationships among players, and the variables that
influence compliance.
, As Jenkins (1978, 20) notes, there is no one best way. The nature
of the policy problem is such that a variety of approaches are required to
deal with the complexity of the process. It may be inappropriate to attempt
12


to construct a universal theory of policy; the subject is simply too diverse,
the number of variables too immense, and the relationships too complex
to be explained by a single theoretical approach (McCool 1995, 8). The
implementation process of public policy has not been identified as a single
theory, but rather as a process within a conceptual framework.
Maybe the best approach to understanding policy implementation
theoretically is through the multiple lens strategy as described by Elinor
Ostrom. According to Ostrom (1994, 1999), there are three different sets
of propositions that can be arranged along a continuum of increasing
logical interconnectedness and specificity but decreasing scope. They
include conceptual frameworks, theories, and models. A conceptual
framework identifies a set of variables and the relationships among them
that presumably account for a set of phenomena. A theory provides a
denser and more logically coherent set of relationships. A model is a
representation of a specific situation.
Although the implementation process has been used as the
conceptual or theoretical framework for this study, issues such as gender
equity and the field of women's sports were considered in order to
understand the factors that have influenced compliance with Title IX.
13


It was also important to examine aspects of organization theory as they
relate to compliance models. This study utilized multiple lenses -
conceptual frameworks, theories, and models in an effort to develop an
explanation of Title IX compliance.
Purpose of the Study
The purpose of this study was the development of explanatory
models showing the factors that affect compliance/noncompliance with
Title IX. With such information, institutions can make changes in their
programs and increase compliance. Useful models would help public
administrators to better understand development of policies and
implementation based on information about the groups being affected by
the policy and the internal and external factors that influence them.
Another important purpose of this study is to shed light on the more
general question of compliance with laws by individual institutions. An
examination of why some organizations chose to comply with laws, why
others chose not to comply, and how those who do not comply continue to
get away with ignoring the law, continue to be crucial questions. In
14


answering these questions, we can better understand the circumstances
that influence organizations to favor compliance over noncompliance.
Assumptions and Limitations
Certain assumptions underlie this research, and certain limitations
constrain its ambitions. First, there are factors affecting compliance that
were not examined. This study examines how institutions make the
voluntary decision to comply with Title. IX. Since it is a topic that has been
covered in other dissertations, the impact of court-enforced compliance
was only minimally addressed as a question in the written survey and, if
applicable, in the telephone interviews.
Second, there were some special categories of schools for whom
compliance was easily met, such as those schools whose undergraduate
population had an especially small number of female students. There
were only a few schools in this category, and they were so different from
most of the other Division I schools that not excluding these special-
category schools may have been preferable, since the overall findings of
the study could not readily be generalized to them. They were, however,
15


included in order to determine if there were other factors that may have
influenced their high level of compliance.
Third, only substantial proportionality and financial aid parity were
utilized to measure compliance, even though Title IX provides for other
means to it. For example, a school can also be in compliance if it has a
history and continuing practice of program expansion or if it can
demonstrate that the athletic interests and abilities of its female students
have been fully met.
Fourth, using secondary data as part of the statistical analysis
posed problems during the data collection process, primarily because the
data definitions were not created with the research questions of this study
in mind, but also because the data series did not include all the variables
that were of value in this study. This limited the study's ability to perform a
comparative analysis on certain variables using multiple years. One of the
studies utilized as a key source of secondary data was from The Chronicle
of Higher Education. The Chronicles annual update on Title IX
compliance is based directly on information provided to the Office of Civil
Rights by colleges as part of their compliance with the Equity in Athletics
Disclosure Act (EADA) of 1994. Given that this secondary data source did
16


not provide all of the required data elements and it was based on 1997-98
figures, this study included a written survey and a request for a copy of the
1998-99 EADA report.
Finally, in performing both a written survey and telephone
interviews, only a few administrators at each school were asked to provide
responses. As a result, the institutional perspective was through the eyes
of a limited number of individuals who had their personal biases and
agendas. The Senior Woman Administrators or Compliance Coordinators
have a defined role that directly relates to Title IX compliance. Although
they bring an in depth knowledge to the topic, one of their fundamental
objectives is to move their institution's athletic program toward full
compliance with Title IX. This must be considered as both a benefit and a
limitation in this research study.
Relevance of the Study
As Title IX implementation has moved into its fourth phase, the
policy question is ...not... whether women have received as much as
men, but rather, whether the level of support was sufficient to provide
robust and challenging competition. [It is time for] womens sports to be
17


permitted to define their own frontiers [and offer a] new societal role for
women in athletics (Weistart 1996, 245). This study does not ask
whether compliance with Title IX is appropriate: Title IX is the law and
compliance is mandated. Rather, this research investigates why
organizations (public or private) decide to obey the law (or not), and as
such it bears upon a question important to the field of public
administration.
Organization of the Study
Chapter 2, the literature review, traces the historical context of
Title IX and describes the four phases that Title IX implementation has
gone through during the past 27 years. It provides the foundation for
explanatory models, which draw from the literature both internal and
external factors that were examined during this research. It discusses the
success or failure of Title IX within the context of culture and how it relates
to compliance and noncompliance, invoking Rodgers and Bullock's
compliance model utilized in studying civil rights laws. Chapter 3 uses a
multiple-lens strategy as the theoretical framework of this study. It
examines a variety of frameworks, theories, and models in order to
18


develop explanatory models of Title IX compliance. It explores historical
perspectives of policy implementation and feminist theory and how they
contribute to the theoretical framework and development of the
explanatory models. Chapter 4 outlines the methods utilized for this
research study, detailing its tools, procedures, participants, and
techniques of the data collection and analysis process. Chapter 5 reports
on the results of the survey, statistical analysis, and telephone interviews
and presents various findings. Chapter 6 returns to the questions raised
in this chapter and draws conclusions and makes recommendations
concerning appropriate next steps in both research on and implementation
of Title IX.
19


CHAPTER 2
LITERATURE REVIEW
This literature review is structured to provide a comprehensive
overview of Title IX and develop explanatory models for institutions'
noncompliance with its requirements. Its goal is to provide an
understanding of the success and failure of Title IX compliance and to
draw from the literature the variables that are examined in this study and
ultimately incorporated into the explanatory models.
Historical Context
In June 1972, the Education Amendments Act of 1972 was passed
by Congress. The final result of the congressional discussions was Public
Law 92-318, which went into effect on July 1, 1972, and is commonly
referred to as Title IX of the Education Amendments Act of 1972
(Mahoney 1995, 949):
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.
20


In a 1973 editorial, Sports Illustrated aptly described the situation
facing females interested in athletic competition:
There may be worse (more socially serious) forms of prejudice in
the United States, but there is no sharper example of discrimination
today than that which operates against...women who take part in
competitive sports (88).
The next sections, which examine the historical context of Title IX
and the four phases of implementation, provide a basis for understanding
the differential implementation of Title IX in college athletics and the
variation in levels of compliance that is still experienced today.
1972-1983: The First Phase of Title IX Implementation
Congress sent the Equal Rights Amendment (ERA) to the states in
1972 for ratification. The ERA legislation required the approval of 38
states by June of 1982. By that date, however, only thirty-five states had
ratified the ERA: 23 in 1972, 8 in 1973, 3 in 1974, and one more in 1975.
This was the atmosphere that existed in 1972, laying the groundwork for
two other important events that would change womens college athletics.
The first event was the formation of the Association for Intercollegiate
Athletics for Women (AIAW), which was intended to be the equivalent to
the men's NCAA. Its goal was to provide female college athletes with a
21


high level of training and competition. AIAW sponsored national
championships in seven sports in 1972 (Pattison 1994, 264).
The second event was the enactment of Title IX of the Education
Amendments Act of 1972. The threshold issue as described by Diane
Heckman (1992) was whether specific departments were directly receiving
federal funding (the programmatic approach) or whether federal funding
was received by any department and then extended to include the entire
institution (the institutional approach). According to Joseph Krakora
(1983, 222), Title IXs sparse legislative history made it unclear whether
the Act applied specifically to university athletic programs. Since few
athletic departments receive federal funding directly, if the programmatic
approach were used, collegiate athletics would be exempt from Title IX
compliance.
Sports was mentioned only briefly by Senator Birch Bayh
(D-Indiana), who proposed the original bill and advocated the institutional
interpretation of the legislation. In 117 Congressional Record (1971, 30,
407), Bayh made a statement noting that the proposed Title IX would not
require gender-blended football teams. In 118 Congressional Record
(1972, 5, 807), he made a statement about privacy in athletic facilities.
22


Since there was little mention of intercollegiate athletics in the legislative
history and no mention in the statute itself, Title IXs application to college
athletics was ambiguous from its outset (Connolly 1994, 850).
The passage of the Javits Amendment to Title IX, introduced by
Senator Jacob Javits (R-New York), gave the Department of Health,
Education and Welfare (HEW) the responsibility to develop regulations for
implementation and to this effect included intercollegiate athletic activities
in the scope of Title IX (Mahoney 1995, 949). It became the responsibility
of HEW and later the Department of Education (DOE) to define more
clearly its applicability and scope, including college athletics through
regulations and its Policy Interpretation.
When it became apparent that Title IX would not allow gender
discrimination in college athletics (especially mens revenue-producing
sports), members of Congress introduced bills to restrict the scope of
Title IX. John Tower (R-Texas) introduced the Tower Amendment, which
attempted to exempt revenue-producing sports from Title IX compliance.
As Lopiano and Zotos indicated in The Rules of the Game, the NCAA
maintained that athletic programs with revenue-producing sports did not
receive direct federal funding and should be exempt from Title IX
23


compliance (1989, 34-35). The NCAA had been one of the chief
opponents of Title IX. It lobbied against its passage, and later fought
against its enforcement (Tokarz 1986). In spite of strenuous efforts to
pass the Tower Amendment, it failed.
Although the NCAA lobbied vigorously against Title IX, in 1981-82
season, it sponsored womens championships. The AIAW was not able to
compete with the powerful NCAA and folded in 1982 (Pattison 1994, 265).
Shortly after the initial guidelines developed by HEW were published in
1975, the NCAA filed suit challenging the regulations. The district court
dismissed the case since the NCAA was not an educational institution, but
the appeals court overturned the ruling. The NCAA subsequently
withdrew from litigation despite the appeals court ruling.
In 1978, the final guidelines/regulations became law. The DOE
Office of Civil Rights was designated as the organization responsible for
enforcement of Title IX. The regulatory aspects of Title IX were initially
developed by HEW in 1975 and then monitored and enforced by DOE
upon its creation. The three documents most frequently cited in the
literature are: the Regulations, the Policy Interpretation, and the
Investigators Manual. Aspects of the 1979 Policy Interpretation have
24


become the guidelines utilized in case law to determine whether a college
or university is in compliance with Title IX.
In the Policy Interpretation, three areas are reviewed and assessed
to determine compliance with Title IX: athletic financial assistance; other
non-financial program areas; and accommodation of athletic interests and
abilities of students. Figure 2.1 Title IX Compliance Areas in Athletics -
graphically represents these three areas and details the components
utilized by the OCR to measure compliance in the third area of effective
accommodation by applying a three-pronged test.
25


Figure 2.1
Title IX Compliance Areas in Athletics
Title IX
Opportunity
to Compete
Competitive
Team Schedules
History of Proportionate
Upgrading Competitive Competitive
OoDortunities OoDortunities
The three-pronged test focuses on the opportunities to compete and the
three measures of compliance:
1) Whether intercollegiate level participation opportunities for
male and female students are provided in numbers
substantially proportionate to their respective enrollments; or
2) Where the members of one sex have been and are
underrepresented among intercollegiate athletes, whether
the institution can show a history and continuing practice of
program expansion which is demonstrably responsive to the
developing interest and abilities of the members of that sex;
or
26


3) Where the members of one sex are underrepresented
among intercollegiate athletes, and the institution cannot
show a continuing practice of program expansion such as
that cited above, whether it can be demonstrated that the
interests and abilities of the members of that sex have been
fully and effectively accommodated by the present program.
The first is called "substantial proportionality," the second is called
a "history of expansion," and the third is called "interests and abilities."
Although compliance with the effective accommodation requirement can
be satisfied by meeting any one of the three prongs, only the first truly
provides a "safe harbor" for institutions. If the representation of men and
women among the athletes is substantially proportionate to their
representation in the undergraduate student body as a whole, no further
inquiry need be undertaken in this area (Gray 1996, 167-168). The other
two measures of compliance are more subjective and not as simple to
measure. A school can demonstrate a "history of expansion" by
increasing women's athletic opportunities primarily by adding women's
teams on a regular and continuously basis. How often and how many
teams and opportunities has not been clearly defined. A school can meet
the "interests and abilities" standard by demonstrating that the women's
athletic program has satisfied the interests and abilities of the female
undergraduate population. This is difficult to demonstrate and some
27


schools have attempted to do so by surveying their female undergraduate
population or the pool of high schools whose graduates attend their
university.
From a regulatory perspective, the three-pronged test described in
the Policy Interpretation has become not only the guide for the'OCR to
measure compliance, but also as a result of Cohen v. Brown University
(1992,1993 and 1995) it has become the three-benchmark test for
determining compliance through the courts. In 1995 Cohen v. Brown
University, the District Court found that Brown was in violation of Title IX
for failure to comply with the "equal opportunity" provisions of the
regulations due to its failure to "effectively accommodate the interests and
abilities of members of both sexes."
1984-1987: The Second Phase of
Title IX Implementation
Thomas Evans (1996, 57) wrote that Probably the most influential
early case concerning Title IX is the Supreme Court decision in Grove City
College v. Bell," which limited the scope of Title IX to specific programs
rather than the entire institution. This moved Title IX into its second
phase, which was a holding pattern in terms of compliance. The Womens
28


Sports Foundation stated, the Supreme Courts decision virtually
excluded athletic departments from Title IX mandates because athletic
departments generally do not directly receive federal assistance (Miguel
1994, 281). As a result, college athletics was no longer under the purview
of Title IX and progress toward compliance came to a standstill. The
Court favored the programmatic approach, concluding that only those
specific programs within an institution receiving direct financial assistance
from the federal government should be subject to Title IX requirements
and sanctions. In looking at this decision from afar, Title IX supporters
might believe the Courts decision had undermined the effectiveness of
the legislation. Taking a closer look at the actual circumstances of the
case, however, reveals a different perspective.
In Grove City College v. Bell (1984), a small private college and
four student recipients of Basic Educational Opportunity Grants (BEOGs)
[also referred to as Pell Grants], brought an action against Secretary of
Education, Terence Bell, after the DOE terminated the students aid
because of the colleges failure to execute a Title IX Assurance of
Compliance (Richardson 1994, 165). Initially, the Court held that even
though the college received no direct funding, the students' receipt of
29


BEOGs constituted federal financial assistance within the meaning of
Title IX. The Court also held that indirect receipt of federal assistance did
not activate the institution-wide coverage under Title IX. As a result, the
Court held that Title IX covered the colleges financial aid program and
required the college to demonstrate compliance only in its financial aid
program.
The impact of the1984 Grove City College case resulted in the
OCR withdrawing from Title IX investigations that were planned and
already underway because enforcement using a programmatic approach
clearly placed college athletics outside the scope of the Act. According to
T. Jesse Wilde, [w]hat momentum the gender-equity movement had
mustered seemed lost (1994, 220).
Another case considered by the Supreme Court and related to
Title IX was Canon v. University of Chicago in 1979. In its ruling, the
Court implied a right of action under Title IX for private litigants. The
ability of a plaintiff to receive damages was still in question. Courts
universally awarded injunctive relief but were split on the question of
monetary relief.
30


1988-1996: The Third Phase of
Title IX Implementation
As a response to the Grove City College ruling, there were
numerous efforts by Congress to legislate amendments that would return
compliance of Title IX to an institutional approach rather than a
programmatic approach. Congress finally succeeded in passing the 1988
Amendments to the 1987 Civil Rights Restoration Act over the veto of
President Reagan. The Amendments requir[ed] that Title IX be applied to
an entire institution if any program within the institution receives federal
funds" (57). This was the beginning of the third implementation phase of
Title IX compliance. The Act was intended to creat[e] a more level
playing field for female athletes (Ferrier 1995, 854). It was expected that
the passage of the Civil Rights Restoration Act of 1987 would breath new
life into Title IX and revitalize the gender equity movement (Wilde
1994,230). B. Glenn George describes it well: the clear and wholesale
application of Title IX to collegiate athletics really dates from 1988 and,
therefore, is a relatively recent phenomenon" (1993, 555).
In 1992, the Supreme Court, in Franklin v. Gwinnett County Public
Schools, ruled that compensatory damages could be awarded under
Title IX and the prevailing party was entitled to recover legal fees.
31


Suddenly the threat of Title IX litigation gained considerably more effect
(Evans 1996, 57). The Title IX cases that follow can primarily be divided
into suits by female athletes and suits brought by male athletes.
The cases in which female athletes filed suit (all in 1993) include
Cohen v. Brown University, Roberts v. Colorado. State Board of
Agriculture, and Favia v. Indiana University of Pennsylvania.
In Cohen v. Brown University (1993), members of two eliminated
womens teams challenged a decision by the university to rectify budget
problems by eliminating four varsity sports teams (two womens and two
mens). In making its decision, the First Circuit Court determined that
since Congress had delegated the task of promulgating regulations, the
regulations and the Policy Interpretation deserved controlling weight." To
determine effective accommodation, the three-benchmark test was used
and Brown University could not satisfy benchmark number one,
substantial proportionality. The Court also noted that when a school
eliminates a team and those athletes are the plaintiffs, there is little
question that they have failed to meet the interests and ability standard
benchmark (Ferrier 1995, 857-858).
32


In Roberts v. Colorado State Board of Agriculture (1993), members
of the Colorado State University (CSU) womens varsity softball team
sought injunctive relief to prevent the school from discontinuing their team.
The main issue of the case was effective accommodation and the Tenth
Circuit turned to the Policy Interpretation and the three-benchmark test.
Given a 10 percent disparity between womens enrollment and athletic
participation, CSU did not meet substantial proportionality and had not met
the second benchmark, a history and continuing practice of expansion of
womens athletics. The court ordered reinstatement of the team (Ferrier
1995,859-861).
In Favia v. Indiana University of Pennsylvania (1993), the Third
Circuit heard the Universitys appeal of an earlier Title IX decision. In
1991, Indiana University of Pennsylvania (IUP), citing budgetary concerns,
eliminated two male and two female varsity teams. Members of the
womens gymnastics and field hockey teams brought a Title IX class
action suit to force IUP to comply with Title IX and reinstate their teams.
The Court, utilizing the three-benchmark test, issued an injunction
reinstating the teams. IUP filed a motion to modify the preliminary
injunction enabling them to add a womens soccer team instead of
33


reinstating the two teams. The court refused to permit IUP to modify the
injunction (Ferrier 1995, 861-862). As noted by Craig Hymowitz who
states, [S]o far, women have initiated thirty Title IX lawsuits, and they
have won them all (Evans 1996, 57).
In 1993, there were two lawsuits by male athletes: Kelley v. Board
of Trustees of the University of Illinois (1993) and Gonyo v. Drake
University (1993). The University of Illinois, based on budgetary issues,
announced that it would be eliminating the mens swimming and fencing
teams, and men and womens diving teams. Members of the mens
swimming team argued that since the University did not eliminate the
womens swim team, the school had violated Title IX. In Kelley, the court
rejected this argument and found that as long as the reductions moved the
University closer to substantial proportionality, they did not violate Title IX,
thus rejecting the plaintiffs contention that Title IX mandated
discrimination against males. The court further added that the University
could not cut the womens diving team because the action would expose
them to Title IX liability.
In Gonyo v. Drake University (1993), members of the mens
wrestling team sought reinstatement of their team. The court held that the
34


university acted in accordance with the purposes of Title IX by
encouraging female athletes to participate, even if this was done at the
expense of male teams.
1997 to Date: The Fourth Phase of
Title IX Implementation
The fourth phase of implementation began in 1997, the year of the
twenty-fifth anniversary of the enactment of Title IX. Congress, the
Supreme Court and the OCR each took actions that potentially could
affect compliance with Title IX in the future. Congress passed the Equity
in Athletics Disclosure Act in October 1996, the Supreme Court decided
not to hear Brown v. Cohen, and the OCR began investigations against 25
Division I colleges claiming that female athletes were receiving a
disproportionately small amount of financial aid. President Clinton made
an announcement on the twenty-fifth anniversary of Title IX new
regulations would extend the laws protections to every academic program
in every school receiving federal funds (Leo 1998, 11). During the fourth
phase of implementation, all three branches of the government have
renewed their commitment to obtaining full compliance with Title IX. As a
result, colleges and universities that are not in compliance will need to
35


revamp elements of their athletic programs to comply successfully with
Title IX. This raises the question at the heart of this research study what
are the factors that influence the success or failure of Title IX compliance?
In examining the historical context of Title IX, several elements lend
themselves to incorporation into explanatory models. First, substantial
proportionality has been commonly utilized by the OCR and the courts as
a means to decide whether a college or university is in compliance with
Title IX. More recently, exact proportionality has received more attention
and scrutiny as an important measure of compliance and, along with
substantial proportionality, was examined as possible dependent
variables. Second, the Tower Amendment was an effort to exempt
revenue-producing sports such as football from Title IX compliance.
Examining the influence of revenue-producing sports on compliance
provides other key factors as independent variables. Third, there were
several court decisions in 1993 concerning institutional budget constraints
resulting in the elimination of both women's and men's athletic teams. The
court decisions to maintain or add to the number of women's teams while
eliminating men's teams highlights the need to more closely explore the
36


influences of variables such as budgetary issues and numbers of teams
by gender.
The best approach to identify other factors that influence
compliance is to explore several areas, both generally and specifically in
reference to Title IX. These areas include the success or failure of
compliance, and the key factors that affect compliance.
Success or Failure of Compliance
"The organizational, political, social and legal context within which a
policy is implemented profoundly affects its chances for success" (Ingram
and Mann 1980, 213). Measuring success or failure of a law can be
determined using either the perspective of progress toward the legal
objectives or a binary measure, whether or not compliance has been
achieved based on a defined standard. Given the nature of mandating
equity, although improvement is important, achieving full compliance is the
objective. "While...measurable gains have been won in
women's...athletic opportunities since 1972, a close examination of
college sports reveals a slow march toward equality in which we are less
than halfway there" (Sklover 1997, 13). In the case of Title IX, defined
37


standards of compliance have been the best measures of success or
failure with the law, and the OCR and the courts have had key roles in
determining compliance or noncompliance.
Howto achieve compliance with Title IX has been relatively clear
since the late 1970's with the Regulations, Policy Interpretation, and
Investigator's Manual that were developed by the OCR. Although there
have been refinements and modifications of what is required as a result of
new legislation, enforcement actions, and case law, how to measure
compliance was well-defined during the first decade of the implementation
process.
Aspects of the 1979 Policy Interpretation have become the
guidelines utilized by the OCR and in case law to determine whether a
college or university is in compliance with Title IX. In current practice,
three areas are reviewed and assessed to determine compliance: athletic
financial assistance, other non-financial program areas, and the
accommodation of athletic interests and abilities of students (see
Figure 2.1 on page 25). The OCR measures compliance in the third area
of effective accommodation by applying the three-pronged test of
substantial proportionality, a history and continuing practice of program
38


expansion, and full and effective accommodation of all students' interests
and abilities. Given its importance as a compliance measure, substantial
proportionality, along with exact proportionality of financial aid, were the
measures of compliance, the dependent variables, utilized in developing
the explanatory models.
Key Factors That Affect Compliance
In the 1970s Rodgers and Bullock studied compliance with civil
rights laws, and their findings indicated that compliance depended on:
(1) the clarity and content of the law mandating the change; (2) the
certainty and severity of the penalties for disobedience; (3) the
perceptions of legitimacy of the law by whites [represented class]; (4) the
persistence of black [underrepresented class] demands; (5) whether the
regulated agreed with the law; (6) the specificity with which progress is
measured; (7) the extent of monitoring activities; and (8) the existence of
an enforcement agency. Rodgers and Bullock (1976) examined other
studies in the civil rights arena and homed in on four variables critical to
determining policy outcomes. The most frequently identified factors fall
into four major categories: (1) the substance of the law; (2) the social,
39


economic, and political characteristics of the compliance environment;
(3) decision maker variables; and (4) the quality of enforcement efforts.
Given that Title IX also deals with achieving equity, consolidating the four
categories and some of the findings they described into a single list, and
relating them to Title IX, provides a practical approach to understanding
the successes and failures of implementing gender equity in college
athletics and a basis for identifying internal and external factors.
Based on Rodgers and Bullock's findings and research, the
following list of categories was utilized to gain insights into the successes
and failures of implementing Title IX and as a method to identify factors to
be used in the compliance models: (1) clarity and substance of the law;
(2) social, economic and political characteristics of the compliance
environment; (3) decision maker variables; (4) the quality of enforcement
efforts and severity of penalties; (5) how progress is measured and
monitored; and (6) whether those regulated agree with the law.
Title IX was adapted from the Civil Rights Act and was brief, clear,
and to the point. When it went into effect on July 1, 1972 and up through
the present, the law has always been clear: educational institutions
receiving Federal financial assistance shall not discriminate based on
40


gender. The substance of the law has been modified over time through
additional legislation, administrative actions, and court rulings, but it has
always been a nondiscrimination statute focusing on equal opportunities
and resources for women.
In reviewing the structure of the statute, according to Weistart, it is
evident that Title IX is not, precisely speaking, an anti-discrimination
statute. It actually tolerates open and notorious discrimination and uses
a separate but equal approach. Title IX provides equality in the form of
alternative experiences (separate but equal) which in turn creates a
we/they, men versus women dichotomy. He also stated that [t]he
resources for funding athletes are limited and thus a gender-based debate
over the allocation of those funds is inevitable (Weistart 1995, 194-195).
The budgetary structures in college athletics reinforce this dichotomy and
tend to create incentives against compliance.
The historical context describes the four phases of implementation
and provided some of the social, economic, and political characteristics
prevalent in the compliance environment surrounding Title IX. It is
understandable that after the initial enactment, there was a surge toward
compliance. At the time only about 30,000 women were participating in
41


college athletics, so participation rates could only improve from there. But
the Supreme Court's 1984 decision in Grove City College v. Bell, limiting
Title IX so that it did not cover athletics, virtually halted any significant
progress toward compliance.
In 1987 Congress passed the Civil Rights Restoration Act, which
brought athletic program compliance back under Title IX. This created a
resurgence of efforts to comply, as well as conflict concerning how to
comply with Title IX. Finally, in 1997, the twenty-fifth anniversary of
Title IX, the Supreme Court's ruling on Brown v. Cohen and the
implementation of the Equity in Athletics Disclosure Act produced a
renewal ofpurpose and a statement to all educational institutions that
Title IX is the law and that compliance is mandatory. It is evident that
changes in the legal environment have had a major effect on Title IX
compliance.
Charles Farrell summed up the social and economic issues
related to athletics thus: Athletics and the desire to win have been with us
through the centuries, but the business of sport has been honed in the
twentieth century to a fine edge through the introduction of large amounts
of money to the arena (1989, 3). This is both an economic issue in terms
42


of the influx of large sums of money being devoted to athletics as well as a
social issue resulting in a desire to win at all costs.
The disparities between mens and womens athletic programs are
often rationalized by universities and colleges under a recurring theory,
revenue generation (Harris 1994, 76). The revenue-producing.sports
(mens football and mens basketball) are seen to provide financial support
to maintain all athletic programs, including womens sports. Football has
no comparable sport for women in terms of funding or the number of
athletic opportunities. According to Donna Lopiano, there is a perception
that [fjootball is the proverbial goose that lays the golden egg and if
football dies all remaining mens and womens sports supported by its
revenues also will die (1994, 281). On the contrary, according to a 1997
study in The Chronicle of Higher Education, only 34 percent (76 out of
223) Division I schools with football teams produced more revenue than
expenses.
Given serious budget constraints as well as the desire to compete
for outstanding athletes, especially in the revenue-producing sports, most
colleges are reluctant to shift funding to womens and non-revenue mens
sports. Institutions...have been unwilling to reduce what many consider
43


to be excessive expenditures on mens football and basketball, and are
eliminating mens nonrevenue-producing sports and blaming it on having
to provide equal athletic opportunities for women (Lopiano 1994, 285).
As Pieronek noted Each in some way sees the other as its mortal
enemy... Some feel college athletics is not big enough for both that ones
survival necessarily leads to the others demise (1994, 351). This high
level of conflict with such differing views raises the pressing question,
[H]ow[will] gender equity in sports programs...be achieved in the face of
strong negative incentives? (Weistart 1996, 196).
In seeking possible solutions to the current struggles between
revenue-producing sports and compliance with Title IX, Ferrier suggested
an analytical model based on work done by C. David Strupeck. The intent
of this model was to help balance the impact of football and other
revenue-producing sports. Ferrier wrote, [ejach athletic department
should total each teams operating budget and subtract from the amount
any revenue earned by the individual team that year; this number would
represent the teams net profit or loss for the year. If a particular team
earns a profit, then it has not used any federal money, but if it has lost
money, then it has used the amount lost (1995, 881-882).
44


A recent study by Rishe (1999) analyzed whether "the presence
and profitability of football influence female athletes in terms of both
absolute and relative funding per athlete, as well as opportunities in
general" (702). The study used data from 1995-96 and focused on
Division I schools. Although all divisions were included in the study
(Division l-A, l-AA and l-AAA), by definition Division l-AAA schools do not
have football programs. The study findings indicated that "the presence
and profitability of football have a positive effect on the amount spent per
female athlete and a negative effect on the proportion of all expenditures
allocated to women athletes. The presence of football makes more
difficult the compliance with financial gender equity (defined in an absolute
sense) and with gender equity in respect to participatory opportunities"
(715). The study also included a regional factor and found that southern
schools are more likely to be out of compliance than other regions of the
country. Their findings provided the basis for the independent variables
related to football profitability and region and their effects on compliance.
The decision maker variables were crucial and a significant portion
of the survey focused on both internal and external decision makers and
their influence on Title IX compliance. Clearly, compliance decisions are
45


political decisions. Therefore it will be important to identify the key
decision makers such as university presidents, athletic directors and
senior woman administrators and to explore the ways in which, and the
extent to which, they influence an institution's decision to comply with
Title IX.
The quality of the enforcement effort ties in multiple elements that
affect the success or failure of policy implementation. These include such
items as how compliance is measured and monitored, whether the
penalties for noncompliance are both severe and enforced, and whether
those regulated agree with the law.
Since 1978 the OCR has had clear measures of compliance
concerning Title IX in college athletics. Measurements have been based
on three areas: athletic financial aid, other non-financial programs, and
accommodation of athletic interests and abilities. The third area of
effective accommodation became the three-pronged (or three-benchmark)
test for determining Title IX compliance by OCR and the courts. The
OCR's efforts to monitor Title IX, however, were also influenced by
environmental characteristics; enforcement fluctuated and likely impacted
46


compliance in a manner consistent with the four phases of
implementation.
Historically, there has been no legitimate means to enforce
compliance (although loss of federal funding is an option, it has never
been used), no Presidential support to produce public and political
influence encouraging schools to comply, no economic incentives to
create voluntary compliance, and no significant social support for full
compliance. In fact, economic and social factors have generally worked in
favor of noncompliance.
The OCR has not been successful in monitoring and enforcing
institutions' compliance with Title IX. In addition, [s]even years after its
enactment in 1979, a delay in enforcement began which lasted for almost
two decades. Each administration under Presidents Ford, Carter and
Reagan hesitated about athletics first about the regulation (President
Ford), then about the Policy Interpretation (President Carter), and then
simply about the issue itself (President Reagan). As a result, the publics
perception of Title IXs constitutional legitimacy was seriously eroded
(Orleans 1996,137). Efforts toward compliance with Title IX did not
47


experience a resurgence until receiving renewed support from President
Clinton.
Prior to the 1990s, the penalties for disobedience of Title IX lacked
clarity and were rarely enforced. Although a school could lose financial
assistance for noncompliance, this action has never been taken against a
school, regardless of its level of compliance. Regulatory agencies have a
limited ability to bring targeted groups into compliance, and this has been
true of the OCR. From a regulatory perspective, "OCR has failed to
provide effective and adequate enforcement and guidance consistent with
the letter and spirit of Title IX" (Working Paper No. 69,1993).
The penalties for disobedience crystallized in 1992 with the
Supreme Court's ruling in Franklin v. Gwinnett County Public Schools. As
a result of this decision, compensatory damages could be awarded and
legal fees recovered under Title IX litigation. The monetary threat made
the penalties for noncompliance and disobedience more certain and more
severe.
It is not enough, however, to have appropriate penalties and
sanctions for noncompliance. The implementing agency needs a
monitoring system that provides ongoing information to determine an
48


institution's level of compliance. The EADA report has provided a
functional and ongoing monitoring tool that has been utilized during the
late 1990s by the OCR and the public to oversee institutional compliance
with Title IX.
The question of whether those regulated agree with the law speaks
to the issue of there being multiple players involved in Title IX compliance
success or failure. This again raises the concept of the "haves" and "have
nots." Groups representing women's sports and gender equity tend to
support Title IX and its efforts to achieve full compliance. On the other
hand, groups representing men's sports both the revenue-producing
sports, (football and basketball) and those that lose money (wrestling and
gymnastics) continue to disagree with either the interpretation of Title IX
or with the methods used to measure compliance.
Generally, institutions tend to perceive the Title IX mandate
primarily from an economic or budgetary perspective. If their budgets are
shrinking, they are hard-pressed to provide more funds to support
women's sports and comply with Title IX. Nevertheless, the OCR and the
courts have repeatedly argued, especially in the mid to late 1990s, that
Title IX is the law and it will continue to be monitored and enforced.
49


Although modifications have taken place, the areas of financial assistance,
other non-financial programs, and effective accommodation remain the
measures of compliance of Title IX.
Although how to measure Title IX compliance has been clear, the
ultimate question of this study concerned the identification of factors that
facilitate or hindere compliance. According to Ingram and Mann
(1980, 8):
Compliance is likely to be facilitated when 1) the legal
policies are clearly specified and represent a minimum
deviation from custom, 2) the policy makers are highly
regarded and maintain a unity of support for the legal
policies, 3) the policy appliers have time, financial resources,
expertise, positive incentives, and negative sanctions in
administering the policies, 4) the policy recipients have .
attitudes and backgrounds that favorably dispose them
toward the policies, and 5) environmental conditions are
conducive to compliance, including communications, media,
education facilities, and business conditions.
In this research study, it was crucial to examine institutional barriers
and incentives. "Individual and group behavior in complex institutional
settings lends itself well to insights into the barriers [and incentives] to
policy success" (Ingram and Mann 1980, 17). By inquiring as to what
factors influence compliance with Title IX, information was obtained about
50


the success or failure of policy implementation in individual institutions and
Division I schools in the aggregate.
Ingram and Mann (1980) addressed situational parameters and the
importance of the context within which a policy is implemented for
achieving success. With Title IX it was essential to identify the
organizational elements affecting compliance, the external influences on
the schools, and the interrelationships among them. To understand
Title IX compliance required knowledge of factors both within and Outside
these educational institutions. This was the basis of the explanatory
models of Title IX compliance and why it focused on the target group,
Division I institutions and their athletic programs.
In examining successes and failures of Title IX and the key
factors that affect compliance, there are several recurring themes. Having
specific mechanisms in place to measure compliance, such as substantial
proportionality and exact proportionality of financial aid for Title IX, is
discussed repeatedly throughout the literature. Making sure that equal
opportunities and resources are available for women suggests examining
the number of female undergraduates, female athletes, and the financial
resources allocated to women's athletic programs. The issue of budgetary
51


constraints on educational institutions and the impact of revenue-
generating sports, such as football, provide key factors in the development
of the explanatory models. The decision makers (the university president,
athletic director, senior woman administrator) are critical players who need
to be evaluated as to their influence on compliance. Finally, enforcement
and monitoring bring to bear the influence of external forces federal and
state legislation, the OCR, the NCAA, the public and the media.
52


CHAPTER 3
COMPLIANCE/NONCOMPLIANCE IN
A THEORETICAL FRAMEWORK
No single body of theory is sufficient basis for an understanding of
Title IX and the issues surrounding the implementation of gender equity in
college athletics. In the subsequent discussion, public policy
implementation provides a general, basic theoretical framework, but it will
also be necessary to consider other theories and models. Use of a single
theoretical framework would filter out critical elements that are crucial to
gaining a clear and accurate perspective on how institutions comply with
Title IX. Instead, it is necessary to use multiple lenses, overlaying
frameworks, theories and models one upon another, in order to develop
explanatory models. To understand gender equity, two other theoretical
streams will be examined: feminist theory, and theories concerning
compliance.
Policy Implementation as a Theoretical Framework
The functional stages approach (stages heuristic) originally
described by Lasswell in 1971 and later refined and detailed by Brewer
(1974) and Brewer and deLeon (1983) provided an understanding of the
53


complexities of the policy process as well as a means to help identify the
focus of this study. The stages were described as initiation, estimation,
selection, implementation, evaluation, and termination. Implementation
studies have generally found that implementation is the most difficult
phase of the policy process (Jenkins 1998, 2). The implementation stage
is the emphasis of this study, although other stages are relevant and
examined to a lesser extent.
Policy implementation research began with a focus on single case
studies (Pressman and Wildavsky 1973; Bardach 1974) and then became
more analytical and comparative in perspective and sought to explain
variations in implementation success (Goggin 986; Sabatier and
Mazmanian 1979 and 1980). The focus was on ...a top-down perspective
where they started with a policy (usually a statute) and examined the
extent to which its legally-mandated objectives were achieved over time
and why.
In the late 1970s and early 1980s, a different policy implementation
approach emerged: the bottom-uppers started with an analysis of the
multitude of actors who interact at the operational (local) level on a
particular problem or issue (Mazmanian and Sabatier 1989, 288). Such
54


scholars as Ingram (1978) and Hyern and Hull (1982) tended to use this
bottom-up approach.
In 1990, Goggin et al. developed the communications model of
intergovernmental policy implementation. Its focus was on implementation
at the state level, but aspects of the model may also be applicable in
analyzing the implementation process for colleges in reference to Title IX.
The model addressed ...the dynamic interaction of bureaucrats,
legislators, and organized interests...[at various levels of government]...
and argues ...that implementation behavior varies predictably with
attributes of the policy, the implementers and their organizations, and the
environment in which implementation decisions and actions take place
(Goggin et al 1990, 20). This approach provides a valuable perspective
on the dynamic interaction and context of the implementation process, but
its emphasis on the legislative, administrative, and judicial variables does
not give enough attention to the target groups and key players who are
directly affected by a policy's outcome.
In Richard Matlands 1995 article, "Synthesizing the Implementation
Literature: The Ambiguity-Conflict Model of Policy Implementation," he
reviews the policy implementation literature and confirms that the field is
55


split into two major schools, top-down and bottom-up, According to
Matland,
[T]op-down theorists see policy designers as the central
actors and concentrate their attention on factors that can
be manipulated at the central level. Bottom-up theorists
emphasize target groups and service deliverers, arguing
policy really is made at the local level. Most reviewers now
agree that some convergence of their two perspectives... is
necessary for the field to develop (146).
Matland attempts to reconcile these models by developing an
alternative. He concentrates on the theoretical significance of ambiguity
and conflict for policy implementation, identifying policy ambiguity and
conflict levels as crucial factors that influence the policy process. Matland
describes four policy implementation paradigms: low conflict-low ambiguity
(administrative implementation), high conflict-low ambiguity (political
implementation), high conflict-high ambiguity (symbolic implementation),
and low conflict-high ambiguity (experimental implementation). Title IX
has gone through various phases that can be described using Matlands
model, experiencing varying degrees of conflict and ambiguity during its
history. His paradigms, however, address primarily the process. In order
to understand Title IX and its implementation, a more expansive view of
56


the factors, especially the players or target groups, needs to be
considered when evaluating influences on compliance with Title IX.
Title IX and its history and particularly its implementation have
been influenced by numerous factors. The theoretical framework utilized
in this study is well described by Mazmanian and Sabatier:
To understand what actually happens after a program is
enacted or formulated is the subject of policy
implementation: those events and activities that occur after
the issuing of authoritative public policy directives, which
include both the effort to administer and the substantive
impacts on people and events. This definition encompasses
not only the behavior of the administrative body which has
responsibility for the program and the compliance of target
groups, but also the web of direct and indirect political,
economic, and social forces that bear on the behavior of all
those involved, and ultimately the impacts both intended
and unintended of the program (1989, 4).
In order to understand the levels of success and compliance with
Title IX, it was necessary to examine three components of policy
implementation: the policy type (Lowi 1972; Mazmanian and Sabatier
1989), the policy process (Hofferbert 1990; Ostrom 1994; Kingdon 1984;
Sabatier 1986, 1988; Mazmanian and Sabatier 1989) and the players
(Mazmanian and Sabatier 1989; Schneider and Ingram 1993).
The policy type is an important consideration and can influence the
degree of success implementing a public policy. According to Lowi, the
57


policy process will differ significantly depending on the policy type. The
types of policy have been described as falling into four major categories:
distributive, regulatory, redistributive, and constituent (1972). When it is
necessary to redistribute resources, as in the case of Title IX, a conflict
develops between those who currently have opportunities, benefits or
resources and those who do not. Title IX, as a nondiscrimination and
gender equity law, especially in the area of athletics, reinforced what
already existed in society in general a struggle between the "haves" and
the "have nots" a struggle between men's and women's athletic
programs. Enforcement of equal opportunity...has encountered strong
resistance from the athletic establishment, which has fought efforts to
equalize resources and opportunities for young women (Brake and Caitlin
1996, 51). With men possessing a larger degree of the opportunities and
resources in college athletics, Title IX became a critical policy for
redistributing opportunities and resources and creating equity in college
athletics.
Mazmanian and Sabatier describe three basic stages of the policy
implementation process formulation, implementation and reformulation
(1989, 8). They also describe the role of the actors, both implementers
58


and the target groups (1989, 27). Schneider and Ingram in their 1993
article "Social Construction of Target Populations: Implications for Politics
and Policy" emphasize the importance of the target populations in
influencing the policy process. They address the social constructions of
target populations "the cultural characterizations...of persons or groups
whose behavior and well-being are affected by public policy" (334). In
listing some of the variables that have become important, they mention the
importance of gender in understanding political behavior (334).
Along with identifying the policy type of Title IX as redistributive, it
was valuable to understand the workings of its policy process and the
interactions of its players. The policy process and the players have an
interconnectedness that contributes to both the level of complexity and the
success of implementation. According to Mazmanian and Sabatier
(1989), there are three phases in the policy process: formulation,
implementation, and reformulation. To better understand how Title IX
implementation has progressed, compliance by the target group or players
is treated as a third phase instead of reformulation and overlaps
Mazmanian and Sabatier's implementation and reformulation phases.
Thus the Title IX process consists of three phases that I shall call
59


formulation, implementation and compliance. The reworked
implementation phases and the players' roles in each phase are described
below.
The first phase of the policy process usually takes the form of a
congressional action, a bill enacted into law, or a court decision or ruling.
The second phase of the policy process occurs when the implementing
agency (in the case of Title IX, the Office of Civil Rights [OCR] of the
Department of Education) develops and provides policy interpretations
and means or methods to ensure compliance. For Title IX the OCR
developed specific measures of compliance. Two of those measures,
substantial proportionality and financial aid parity, were explored as the
dependent variables in this research study. The third phase of the policy
process is policy compliance, which focuses on the target group and its
level of success complying with the law. The policy implementation
literature provides a valuable lens and framework in examining the factors
influencing Title IX compliance in college athletics.
60


Feminist Theory
Because Title IX is a policy that addresses nondiscrimination and
gender, it is helpful to examine its implementation using a Feminist Theory
lens. The feminist movement has as its main objective changing all
aspects of society with the goal of reaching social and economic gender
equity. As Wendy Olson indicated, the womens athletic movement is
often seen as sharing common struggles and goals with the general
womens movement:
[Mjany of the struggles women face in general are the same
struggles the womens sports movement faces: struggles
over how to eradicate outdated stereotypes; struggles over
how to gain access to positions of power and economic
rewards to which women traditionally have been denied;
struggles over how best to advance the position of women;
and struggles over how to create a movement that promotes
the interests of all women, or at least recognizes the
diversity that exists within the womens movement (1990,
272).
Historically, the womens sport movement has questioned the
dominance of the traditionally male perspective of sports. Matthew Daniel
observed that traditional male-dominated athletics reinforce negative
stereotypes that promote the inferiority of women (Daniel 1995, 273).
Efforts to successfully implement Title IX are representative of other
struggles that the women's movement has experienced during its history.
61


The feminist theory behind these efforts has gone through various stages
of development.
According to Brady Giroux, "gender is one of the most crucial
issues in contemporary life" and "the questions of gender and equity
provide an essential element in the wider struggle over principles of
equity, freedom, and justice" (1989, 6-7). Judith Butler suggests that the
field of feminist theory and feminism has moved from a unity in the 1970s
to multiple perspectives that have made it difficult to identify a common set
of assumptions to describe feminism (1991, 88). The literature provides a
spectrum of feminist approaches, such as Marxist, radical, socialist and
liberal feminist. The debate between these perspectives are framed in the
"notion of power and the sociopolitical description of gender subordination
and oppression...in a self-perpetuating patriarchal system...The legal
reforms in women's interests are in the hands of the paternal state" (Butler
1999, 88). These feminist perspectives have some common assumptions,
but their strategies for change vary.
Marxists focus on the structures of economy and society. The
Marxist vision sees science as a means to contribute to human
emancipation. Marxist feminists "seek to substitute women or feminists for
62


the proletariat as the potentially ideal agents of knowledge" (Staudt and
Weaver 1997, 42). Catharine MacKinnon's Toward a Feminist Theory of
the State (1989) provides a radical feminist approach with its roots in
Marxism. The radical feminist approach moves from a focus on Marxist
dominance to one based on difference. If inequality is not clearly
perceived as inequality because it appears to be merely the difference
between men and women, then women must force the issue by making
demands for change and a redistribution of power.
Another perspective is that of the socialist feminists who focus on
the role of the state in women's lives (Fox Piven 1972; Bethke Elshtain
1972). They address the issues of the "gender gap" and women's
dependence on the state, which produces a sense of helplessness and
subservience. The social feminists believe that the "main opportunities for
women to exercise power in the United States today reside precisely in
women's relationship to the government" (Fox Piven 1972, 12).
Carole Pateman (1989) provides a liberal feminist perspective and
accepts the opposition between the sexes. Feminists tend to agree that a
hierarchical patriarchy exists, and that changing power relationships is
critical to overcoming oppression and subordination. The strategies
63


employed by the various feminist groups are different, however. The
radical feminists, for example, prefer to use the term "oppression" while
the liberal feminists prefer the term "subordination." The radical feminists
would have the power struggle resolved by taking power from men and
giving it to women an exchange of positions. The liberal feminists
believe in a more egalitarian strategy and would replace subordination
with respectful agreement (Pateman 1989).
Marxist, radical and socialist feminists are critical of liberal
feminists because they believe that womens liberation is unlikely within
the context of patriarchal capitalism (Costa and Guthrie 1994, 240). The
Marxist feminists focus is on criticizing capitalism, while radical feminists
focus on the belief that all forms of oppression are rooted in the
oppression of women, and socialist feminists hold the belief that womens
oppression is rooted in both capitalism and male dominance. Although
their perspectives may differ, all feminist theorists have some common
beliefs and values. They believe that the United States has not yet
achieved equality. Title IX compliance reinforces that belief. [W]e still
live in a patriarchal world that benefits men as a group more often than it
does women (Costa and Guthrie 1994, 251). The inequity experienced
64


by women is based on unequal power relations, and feminists strive to
understand and change these patterns. The way to accomplish these
goals is to bring womens needs, values, and interests to the forefront.
Title IX was conceived as a means to achieve these goals. The
differential implementation and lack of full compliance with Title IX has
kept women athletes from achieving gender equity in American society.
According to Costa and Guthrie, ...feminists seek to understand
and eliminate the oppression of women through theoretical development
and practices directed toward social change (1994, 235). The first wave
of feminist movement in the United States emerged in the mid-IO1*1 century
and resulted in the establishment of the first of the "Seven Sister"
colleges, the suffrage movement in the 1850s, and culminated in the
womens right to vote in the 1920s. The second wave began in the late
1960s after the beginning of the civil rights movement [and] is most
responsible for expanding womens current social and sporting
opportunities (Costa and Guthrie 1994, 236).
What Costa and Guthrie call the "Liberal Model" of feminism
challenged sexism and emphasized the importance of applying liberal
principles equally to women and men. The liberal models approach is to
65


incorporate women into the mainstream and to make changes in private
attitudes through public law and legal reform. The Title IX legislation
came from the liberal feminist approach.
Theories of Compliance
This research study's primary target group is Division I athletic
programs, as it seeks to uncover what factors influence their decision to
comply. Given the importance of compliance in successful
implementation of Title IX, it was essential to overlay a compliance-model
lens on the policy-process framework. As Rodgers and Bullock (1980)
describe, behavioral compliance is generally related to individuals'
assessment of the relative costs and benefits to their following legal
directives.
As Etzioni (1961) pointed out, "compliance rests principally on
internalization of directives accepted as legitimate" (40). According to
Etzioni, "realization of their goals requires positive and intense
commitments of...participants to the organization" (82). In examining
Title IX and its 27-year history, it was clear that differential implementation
by the target group, college athletic programs, was influenced by a
66


number of factors including incentives to comply and sanctions for non-
compliance. According to Rodgers and Bullock (1980), the decision to
comply is a function of the probability that noncompliance will be detected
and successfully prosecuted; the sanctions available to penalize
noncompliance; target group attitudes concerning the fundamental
legitimacy of the rules; and the costs to target groups of compliance.
These factors provided direction for this study pertaining to issues
influencing compliance.
There were factors in Rodgers and Bullock's study that were
valuable in exploring the issue of compliance (see the discussion in
Chapter 2, pages 39 40) but which were not included in the current
survey due to their sensitivity and the difficulty in gathering the data.
There were several ways that their study differed from the current study.
Rodgers and Bullock's emphasis was on coercion as a means to
achieve compliance with desegregation in the South. The current study
only indirectly examined coercion as it relates to OCR complaints and
legal actions. Historically, compliance with Title IX has tended to be
primarily on a voluntary basis with only minimal penalties for
67


noncompliance. No school to date has lost federal funding based on
noncompliance of Title IX in college athletics.
Rodgers and Bullock had access to high level officials in the school
districts (school board members, superintendents, and principals) in
contrast to the current study, which focused on the Senior Woman
Administrators (SWAs) as the target group. The SWA target group was
selected based on their in-field expertise and knowledge of the Title IX
compliance in their athletic programs. Although I considered soliciting
responses from other, higher-level administrators, it seemed likely given
the subject that the survey would have been passed on to the SWA for
completion.
Rodgers and Bullock attempted to measure such target group
factors as attitude, commitment, and law-abidingness. Although these are
also meaningful factors surrounding the issue of compliance with Title IX,
using a survey instrument and telephone interviews to directly gather data
about these factors is difficult. In addition, inclusion of such factors might
well have been prohibited by the University of Colorado at Denver's
Human-Subjects Research Committee. These factors are sensitive and
are best gathered through on-site in-depth interviews within the social
68


context. The ability of the current study to gather information within the
social context of individual schools was both time and cost prohibitive.
However, during the telephone interview process the factors of attitude
and commitment were raised by most of the respondents. The issue of
law-abidingness was only indirectly discussed.
Development of Explanatory Models
What factors influence an athletic program's level of compliance
with Title IX? The overall theoretical framework was based on policy
implementation theory, feminist theory and compliance theory. To
understand the internal and external factors that affect compliance, it is
necessary to begin by discussing howto measure compliance, the
dependent variables.
The Dependent Variables
The two measures of compliance that have received the most
attention in the literature and from all three branches of the federal
government are substantial proportionality of participation rates and exact
proportionality of financial aid. The definition of compliance used in this
69


study came directly from the OCR's definitions. Fortunately, the OCR's
interpretation of Title IX in conjunction with various legal decisions made it
relatively easy to calculate these measures of compliance and to explore
them as the dependent variables in this study. It is, however, important to
realize that Title IX uses a three-pronged approach to measure
compliance. An institution is required to achieve only one of the three
measures of compliance in the area of effective accommodation:
(1) substantial proportionality, (2) history of expansion, or (3) interests and
abilities. One of the questions on the self-administered written survey
specifically asked which of the three measures of compliance the
institution uses. Only a portion of the schools identified substantial
proportionality as their measure of compliance. Given the ease of
measuring compliance utilizing substantial proportionality and exact
proportionality of financial aid, these two measures were both used as the
dependent variables in developing the compliance models. For reasons
discussed in Chapter 5, however, substantial proportionality became the
primary dependent variable.
It is helpful to understand how each of the dependent variables is
measured. To measure substantial proportionality of participation, the
70


percentage of female undergraduates is compared to the percentage of
female athletes. A school is in compliance with substantial proportionality
if the percentage of female athletes is within five points of the percent of
female undergraduates. For example, if fifty percent of the
undergraduates are women, then a school is in compliance if at.least forty-
five percent of its athletes are women.
In order to achieve exact proportionality of financial aid, the
calculation focuses just on athletes. If sixty percent of the athletes are
men and forty percent are women, then the amount of financial aid must
be divided using a 60:40 ratio of total dollars, male athletic scholarships to
female athletic scholarships. Since 1998 when the OCR filed complaints
against 25 athletic programs, the definition of compliance has become
stricter, requiring that any discrepancy between aid to men and women
athletes be no more than one percentage point.
The importance of equity in participation and financial aid is the
essence of "substantial proportionality" and "exact proportionality of
financial aid" as measures of Title IX compliance. Drawing from the
gender planning-and-development literature, Caroline Mosers model of
policy approaches considered the goals of women (1993, 56-57). Moser
71


analyzed welfare, equity, anti-poverty, efficiency, and empowerment
(Staudt 1998, 182). The purpose of three of these approaches (equity,
efficiency, and empowerment) reflect what is required to achieve
compliance with Title IX: equity active participation; efficiency equity in
economic participation; and empowerment self-reliance and
self-determination. This model reinforced the importance of participation
and financial aid parity as crucial measures of compliance. Broader
participation by women is likely to change the use and allocation of
resources in society (Kardam 1998, 55).
Historically, substantial proportionality has been used as the
primary measure of compliance. Not all advocates of gender equity view
proportionality as the best standard for judging a universitys treatment of
its female athletes (Naughton 1997, A39). However, substantial
proportionality has been the safe harbor1 for institutions both
administratively and judicially, and for the purpose of this study it was
assumed to be a relevant and appropriate measure of compliance.
Increasingly, however, there has been an emphasis on achieving
financial aid parity between female and male athletes, and recent
controversies center on whether female athletes receive a fair share of
72


scholarships. NCAAs scholarship limits make it extremely difficult for
institutions to meet both requirements simultaneously. Each sport is
designated a specified number of scholarships with football having 85
scholarships. To balance that large number of football scholarships with
comparable women's sports scholarships is a challenge difficult for many
schools to overcome. According to Richard Sheehan, Professor of
Finance at Notre Dame, Is it possible to comply with both? Or is it
conceivable that being in compliance with one means you couldnt be in
compliance with the other? (Naughton and 1998, A45). Given this
concern, it was relevant not only to utilize exact proportionality for financial
aid as a dependent variable, but also to determine whether the two
compliance measures interact in a manner that makes it more difficult for
colleges to comply with Title IX.
The Independent Variables
The next step in developing the explanatory models was to identify
the independent variables, the internal and external factors that were
affecting compliance with Title IX. A review of the literature and the
formulation of a theoretical framework of compliance and noncompliance
73


provided a collection of factors that are evaluated as part of this research
study. Those factors are described more specifically in this section.
The internal and external factors can be divided to form major
categories people (or groups), funding, and actions. A more detailed
description of each category contributes to an understanding of why these
factors were included in this study.
Based on Rodgers and Bullock's (1976) compliance model, it is
clear that there are people or groups, key decision makers, who affect
each university or college's commitment to Title IX compliance and who
prioritize and allocate resources that influence the athletic program's level
of compliance. Internal actors obviously include the university president,
the athletic director, the senior woman administrator, coaches, and
athletes. External actors include the federal and state legislatures, the
athletic conference, the OCR, the courts, former students, the booster
club, and the media. Ingram and Mann (1980) indicate that the media is a
factor that is likely to facilitate or hinder compliance. Positive or negative
media coverage concerning Title IX compliance and/or legal actions may
affect the level of support provided by the legislature and the general
public. The Title IX Compliance Factors Scale, which is the last section of
74


the survey instrument, addresses some of these factors. A copy of the
survey is located in Appendix A.
Funding is discussed repeatedly in the literature by the courts
(1993 decisions) and the OCR (Policy Interpretation and EADA report).
As Weistart (1995) indicates, limited resources create a gender-based
debate over the allocation of funds. Ingram and Mann (1980) identified
financial resources as a factor that may facilitate or hinder compliance.
The internal factors in this category include the athletic budget and
resource allocation and financial aid by gender. Revenue generation is
another important internal factor that will be discussed in more detail in
reference to the factors pertaining to football. The factor of whether an
institution is public or private is included since schools in each sector are
characteristically different in their sources and amount of revenue.
From the inception of the statute (the Tower Amendment) and
throughout its history, the issue of how to deal with revenue-producing
sports has been a major debate (Harris 1994; Lopiano 1994; Pieronek
1994; Ferrier 1995). Efforts and strategies to exempt revenue-producing
sports, especially football, from Title IX, have been unsuccessful. The
revenue-producing sports are seen as the means to support all athletic
75


programs, including women's sports. Football has been the focus of
attention and both football profitability and win-loss record are internal
factors examined in this study.
In the category of "actions" are a number of internal factors such
strategies as adding to the number of women's teams and/or reducing the
number of men's teams. The issue of using these strategies to achieve
compliance with Title IX has been raised in several 1993 court decisions
discussed in the historical context section. Under Title IX, a constrained
budget is not an acceptable excuse for cutting women's teams, but it is
acceptable as a reason to reduce the number of men's teams. Since
there has been legal precedent for redistributing the number of athletic
teams by gender, it seems appropriate to consider these actions in
developing the explanatory models.
76


Figure 3.1
Internal and External Factors in Relation to Compliance
Dependent Variables_________________________Description______________Predicted Direction of Correlation______Data Source
Substantial Proportionality Proportion of female athletes to proportion of female undergraduates Negative to other Dependent Variable Title IX compliance Factors Survey and EADA Report
Exact Proportionality Financial Aid Proportion of female athletes to their proportion of financial aid Negative to other Dependent Variable Title IX compliance Factors Survey and EADA Report
Independent Variables
Division 1 NCAA Division l-A, l-AA and l-AAA Positive Title IX compliance Factors Survey and EADA Report
District Eight NCAA Districts based on Region of the Country Zero NCAA Website
Total Undergraduate Population Higher Number of Undergraduates Negative Title IX compliance Factors Survey and EADA Report
Total Female Undergraduates Higher Number of Female Undergraduates Negative Title IX compliance Factors Survey and EADA Report
Athletic Program Budget Higher Athletic Budget Positive Title IX compliance Factors Survey and EADA Report
Athletic Program Revenue Higher Athletic Revenue Positive Title IX compliance Factors Survey and EADA Report
Football Team Profitability 2 Higher Profitability of Football Program Negative Title IX compliance Factors Survey and EADA Report
Football Expenses Higher Foot ball Budget Negative Title IX compliance Factors Survey and EADA Report
Football Revenue Higher Football Revenue Positive Title IX compliance Factors Survey and EADA Report
Win-Loss Record Higher Football Win-Loss Record Positive Title IX Compliance Factors Survey
Gender of University President 3 Female President Positive Title IX Compliance Factors Survey
Gender of Athletic Director Female Athletic Director Positive Title IX Compliance Factors Survey
Public or Private Institution Public versus Private Institution Zero Title IX Compliance Factors Survey
OCR Complaints Complaints from Regulatory Agency- Department of Education, OCR Positive Title IX Compliance Factors Survey
Legal Actions Legal Actions Positive Title IX Compliance Factors Survey


In reviewing and compiling the data, it became clear that
developing more than one model was necessary. Figure 3.1 shows the
list of dependent and independent variables used to develop some of the
explanatory models in this study. The figure includes the name and
description of each variable, the predicted direction of correlation with the
dependent variables, and the data source. It is interesting to note that the
dependent variables, the measures of compliance, were predicted to have
a negative correlation to each other. Therefore, it was necessary to
analyze and confirm their relationship prior to developing the explanatory
models and in turn focus on one dependent variable. The models
themselves are described in Chapter 5, Results.
There are several compelling reasons to develop multiple models of
compliance due to response rate on particular data elements. First, all of
the schools in the study responded to questions pertaining to the
dependent variables and independent variables in section 1 of Figure 3.1.
The applicable variables are listed and are included in model 1. Most of
those schools provided information for all of the variables. For schools in
Division l-AAA that do not sponsor a NCAA football team, none of the
football related independent variables apply. The applicable variables
78


are listed in section 2 of the independent variables and are the basis for
model 2, which includes all schools that sponsor Division I football.
Although the independent variable "win-loss record" is included under
model 2, only schools that completed the survey provided information on
this factor. Section 3 in Figure 3.1 includes the independent variables on
the survey that only a portion of the respondents completed. These
independent variables are the basis of model 3. Finally, there is model 4,
which is not shown in Figure 3.1. The variables that were included in the
Title IX Compliance Factors Scale became the basis of Model 4; only a
portion of the schools that responded to the survey completed the rating
scale.
Using the preceding list of independent and dependent variables,
this research study will test the following hypotheses:
Hi: There is a negative correlation between the two measures of
compliance (as suggested by Sheehan [quoted in Naughton 1998,
A45]).
H2: There is a correlation between specific internal factors and the degree
of compliance of Title IX (factors and predicted directions of
correlation are given in Figure 3.1).
H3: There is a correlation between specific external factors and the degree
of compliance of Title IX (factors and predicted directions of
correlation are given in Figure 3.1).
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Chapter 5 presents more details concerning the development of
the explanatory models.
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CHAPTER 4
METHODS
The 27-year implementation history of Title IX was used as the
foundation of this study; however, its data are gathered primarily from the
most current year available (1998-1999). The study included 305 NCAA
Division I schools (l-A, l-AA, and l-AAA) covering all the athletic
conferences and regions of the country. The study had two major phases:
(1) quantitative methods, including statistical analysis of data from a self-
administered written survey and secondary data (EADA Reports and a
May 1999 study performed by The Chronicle on Higher Education) and,
(2) qualitative methods, including telephone interviews for a select number
of institutions. This chapter describes in detail the methods utilized for the
collection of data and the analysis of results.
Selection of Subjects
Three hundred five NCAA Division I schools were contacted to
participate in this study. Division I was the focus because there has been
an ongoing debate throughout the implementation of Title IX as to whether
football should be included in the calculation to measure compliance.
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There has been a significant amount of discussion and controversy about
the big football powerhouses and their revenue generation. Some believe
the funds generated by football should be used to help support other
nonrevenue-producing sports, including women's sports. Others believe
that football revenue should support the endeavor of making football more
profitable and competitive and therefore should be exempted from Title IX
(Harris 1994; Pieronek 1994; Lopiano 1994; Ferrier 1995). For that
reason, this study focused on Division l since that is where the big football
powerhouses are found, primarily in Division l-A and Division l-AA. It is
important to note that this study attempted to include a census, not a
sample, of all Division I schools.
The process of identifying Division I universities and colleges in
order to solicit participation in the study included obtaining a directory of
the names, addresses, phone numbers of individuals in each athletic
program. Through the advice of an in-field expert, The 1998-99 National
Directory of College Athletics was obtained and used as the most current,
concise and comprehensive resource available for this research study.
Given that most athletic programs have a number of administrators,
it was necessary to select respondents from one participant group across
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all institutions. The Senior Woman Administrator (SWA) or the Title IX
Compliance Coordinator became the focus of the study in order to develop
consistency across schools. The Senior Woman Administrator (SWA) is
the highest-level woman administrator in the athletic department (other
than the Athletic Director when a woman holds that position). Although
the decision to target SWAs primarily provided a single-gender
perspective, it also provided information and insights from an individual in
each institution who had a high level of knowledge about the subject of
Title IX, access to relevant data, and a vested interest in participating in
the study. The other participant groups that were considered included the
university president and the athletic director. Both of these groups were
not used for two major reasons. First, as key decision makers, their
attention is given to the very broad, high-level issues; prioritization and
allocation of funds, for details of Title IX compliance, they would likely rely
on staff work. Second, in a university environment, surveys tend to be
delegated to others. It made sense to write directly to the SWA, who was
likely to be given the task of completing the survey by the university
president or athletic director.
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Survey Instrument
The process of identifying factors that influence compliance with
Title IX required gathering a large number of data elements. Much of the
demographic data was available in various formats from multiple sources.
Since it was necessary to gather a large amount of information about each
of the 305 schools, however, a survey seemed to be the best approach.
Standardized self-administered written surveys are best suited for
collecting a large amount of information as well as basic demographic
characteristics of populations (Babbie 1995, 273).
The development of the survey included the identification of the key
factors discussed in the literature, a review of the items in the 1997-1998
EADA report, and input from an in-field expert. The survey was divided
into two major sections. The first gathered data about the college and its
athletic program. A portion of the demographic data related directly to the
measures of compliance; and the rest was used to assist in determining
the factors that influenced compliance (i.e. budgets, teams, and
complaints). Some of these questions were adapted from the EADA
report format and others were included to gather additional demographic
data that could be obtained directly from each school.
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The second section of the survey, the Title IX Compliance Factors
Scale, was an effort to gather data from the participants about their
assessment of key factors. Using a Likert rating scale, the participants
rated the importance of key factors influencing compliance at their
institutions. Using a Likert scale as a measurement technique provided
standardized response categories for ease of analysis. The factors in the
scale were developed as a result of a review of the literature and
theoretical works. The major categories included internal and external
factors pertaining to people and groups, funding, actions, and a
miscellaneous category.
In developing the survey instrument, the EADA report was utilized
as a guide to format some of the demographic questions, since the
familiarity of the questions' format would make it easy for the respondents
to complete the survey. As part of the survey preparation process, an in-
field expert was consulted and provided feedback as to the content and
format of the survey. Modifications were made to enhance clarity and
ensure that all questions were applicable to the participant group. The
survey was checked for clarity of statements by individuals with little
familiarity of Title IX or athletic programs. All comments were considered
85


and appropriate changes were made. During the survey administration
process, additional modifications were made to the survey instrument.
These will be discussed in more detail in the next section. Copies of
survey instruments are attached in Appendix A.
Administration of the Survey
In order to enhance the response rate, the following process was
established. First, a letter of introduction from the Chair of my dissertation
committee was sent to the Senior Woman Administrator or Title IX
Compliance Coordinator of each Division I institution. This was intended
to prepare participants for the arrival of the survey and to encourage them
to fill out the survey in a timely manner. At this point in the process, two of
the 305 institutions responded in writing and indicated that they would not
participate in the study. The two schools were both private schools and in
spite of repeated efforts to obtain information about their programs, they
did not choose to participate.
Approximately three weeks after the letters of introduction were
sent, the surveys were mailed to the subjects minus the two schools who
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Full Text

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FACTORS INFLUENCING TITLE IX COMPLIANCE IN COLLEGE ATHLETICS by Carol King Calkins B.A., University of Colorado, 1972 M.B.A., University of Northern Colorado, 1982 A thesis submitted to the University of Colorado at Denver in partial fulfillment of the requirements for the degree of Doctor of Philosophy Public Affairs 2000

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2000 by Carol King Calkins All rights reserved

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This thesis for the Doctor of Philosophy degree by Carol King Calkins has been approved by Linda deleon

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King Calkins, Carol (Ph.D., Public Affairs) Factors Influencing Title IX Compliance in College Athletics Thesis directed by Professor Linda deleon ABSTRACT This study examines institutional compliance with Title IX of the Education Amendments Act of 1972 ihe working hypotheses posit internal and external factors affecting Title IX compliance in college athletics Explanatory models are developed by drawing on a review of literature in the areas of feminist, compliance, and policy implementation theories The target population comprises 305 NCAA Division I universities. A survey requesting gender equity data and assessments of the importance of various internal and external factors was sent to the Senior Woman Administrator at each institution; a response rate of 51 percent was achieved. Two measures of compliance are examined as the dependent variables: participation rate (substantial proportionality) and financial aid parity (exact proportionality). Based on findings, substantial proportionality was used as the compliance measure to develop the models (substantial and exact proportionality are inversely related). Various internal and external factors are utilized as the independent variables and correlated in relationship to the compliance measures using stepwise multiple regression. In addition to the survey, a quota sample iv

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process was used to select seven of the respondents for 30-minute telephone interviews These universities represent all three divisions, a variety of regions of the country, and various levels of compliance with Title IX. This qualitative approach provided perceptual and attitudinal dimensions and insights into why certain institutions comply with Title IX and why other institutions do not comply. The study finds that Division 1-AAA schools are more likely to comply than Division 1-A and Division 1-AA, which sponsor football. Schools in the southern states are less likely to comply. Financial revenue and the capacity to access resources assist in a school's ability to comply. Finally, within an institution, the key decision makers (University President, Athletic Director and SWA) attitudes and commitment are influential in determining whether the athletic program complies with Title IX. The results provide explanatory models of compliance by identifying factors that affect compliance, clarifying the measures of compliance and their interaction, and utilizing this knowledge to provide strategies by which more universities can achieve Title IX compliance in the area of athletics. This abstract accurately represents the content of the candidate's thesis I recommend its publication Si Linda deLeon v

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DEDICATION To my husband, Mike, his endless love and support made it possible for me to endure and complete this process. And to my daughter, Katrina, her enthusiasm and passion for life is an inspiration.

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ACKNOWLEDGEMENT There have been many people who have assisted me in the completion of this thesis. Many have provided me with greater insights and clarity about issues of implementing public policy, compliance, feminism and how they relate to Title IX. Their many suggestions improved this final product and provided me with a greater understanding of the field of public affairs. At the top of the list is Linda deleon whose experience and valuable insights provided me the guidance and direction necessary for me to complete my thesis, always making suggestions to improve the final product. Others on my Committee including Kathleen Beatty and Richard Stillman, from the Graduate School of Public Affairs, Jana Everett, from the Political Science Department, and Karen Morrison, from the Athletic Department (Boulder), each added a different perspective, which resulted in the creation of a better product. Another individual who I want to acknowledge is Peter deleon. He encouraged me, raised my standards of quality, and helped me to maintain my focus to complete all components of the doctoral program.

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Others who have assisted me include Mary Lou Eick whose transcription of the interview tapes provided valuable information in a timely manner, and Marian Bussey whose knowledge of statistics provided me with a better understanding of the quantitative analysis portion of my research study. Finally, I would like to acknowledge, as a group, some of my fellow doctoral students. There were times that their supportive and encouraging words were key in keeping me going and ultimately completing the program. For those of you who have already or are close to completion, congratulations! For those who are still working on your dissertations, I want to encourage you to keep going. You can do it!

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CONTENTS Figures .......................................................................................... xiii Tables ...... ....................... .... ...... ...... ............ : ...... ............ ........ xiv CHAPTER 1. INTRODUCTION ........................................................................ 1 The Problem ............................................................................... S Theoretical Issues .................. ......... ............ ...... ...... ............. 12 Purpose of the Study ................................. ........... .... ............ .... 14 Assumptions and Limitations .................................................... 15 Relevance of the Study ........ :.: ...... ; .......................................... 17 Organization of the Study .......... ...................... .... .......... ... ... 18 2 LITERATURE REVIEW ........ ....... ...... ................................... ... 20 Historical Context ............................. ....................................... 20 1972-1983: The First Phase of Title IX Implementation ............... ........................ ............... 21 1984-1987: The Second Phase of Title IX Implementation ...... ............................................. 28 1988-1996 : The Third Phase of Title IX Implementation ............................ .... .... .............. .... 31 IX

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1997 to Date: The Fourth Phase of Title IX Implementation ..... ....... ..... ........... ........................ 35 Success or Failure of Compliance ........ ........... ......... ...... . 37 Key Factors That Affect Compliance ........................................ 39 3. COMPLIANCE/NONCOMPLIANCE IN A THEORETICAL FRAMEWORK .... ............... .... ......... ........... 53 Policy Implementation as a lheoretical Framework ................ 53 Feminist Theory .......................................................... ........... 61 Theories of Compliance ...... ................. ................................... 66 Development of Explanatory Models ........................................ 69 The Dependent Variables ............. .... ................................ 69 The Independent Variables ............ ................................... 73 4. METHODS ................... .......................................................... 81 Selection of Subjects ....................................... ........................ 81 Survey Instrument ............... ..... .................... ........................ 84 Administration of the Survey ................. ............................. ..... 86 Phase One-Statistical Analysis ...................... ........... ........... 89 Phase Two-Telephone Interviews .......................................... 89 X

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5. RESULTS ....... ...... .......... ....... ............ ... ........... .... ......... ... ... 92 Descriptive Information on the Respondents ......... ....... .... ... .... 92 Analysis of Compliance Factors .......................... .............. .... 1 00 Analysis of Internal and External Factors ...... .... . ....... ....... 1 05 Results of the Interviews ..... ...... .... .... ......... .... ............. .... 117 6. DISCUSSION AND CONCLUSIONS . . ........................... 126 Overview of Significant Findings ......... ...... ......... .... ............... 126 Division as a Factor of Compliance ................................ ... 129 District as a Factor of Compliance ...... ............. .......... .... 130 Undergraduate Population as a Factor of Compliance ... .... ........... ..... ... ... .................. ..... 131 Financial Resources as Factors of Compliance .............. ....... ......... .... ........ . .... 132 Football Variables as Factors of Compliance ....... ....... ........... ....... .... ............. 133 Model 3 Variables as Factors of Compliance .................. .... ............................ .... 135 Study Limitations .... .... ....... ..... ...... .......... . ... ....... ....... 140 Implications for Institutional Efforts to Achieve Compliance ... .......... ... ...... .... ...... ..... .... ........ 144 Consideration of the Title IX Literature ... ............ ..... ...... : .... 146 xi

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Consideration of Compliance Literature ........ .......... ... ...... .... 149 Recommendations for Future Research ................................. 151 Conclusion ......... ............................. ..... ...... ................. .......... 152 APPENDIX A SURVEYS, INTRODUCTION AND COVER LETTERS ............... ............................... ................. 155 Introduction Letter ......................................... ... ......... ............ 156 Cover Letter for First Survey Mailing ... ................................... 157 Title IX Compliance Factors Survey October 1999 ............................ ...... ..... ................................. 158 Subject Consent Form ......................... ....... ..... ...... ........ ..... ... 165 First Follow Up Letter ........ .... ..... ........................................... 166 Second Follow Up Letter ........... .... .................. ...... ............ 168 Title IX Compliance Survey January 2000 .... ........ ..... ........ 169 B. TELEPHONE INTERVIEW QUESTIONS .............................. 174 Title IX Compliance Factors Interview ..... ............ ................ 175 Institution Specific Interview Information ......................... ....... 177 BIBLIOGRAPHY ......................... ...................................................... .... 178 xii

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FIGURES Figure 2.1 Title IX Compliance Areas in Athletics ......................................... ..... 26 3.1 Internal and External Factors in Relation to Compliance ........ ......... 77 6.1 Internal and External Factors in Relation to Compliance based on Study .................................. .......................................... 128 xiii

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TABLES Table 5.1 Response Rate by Division ............ ..... .............. .... .... ............. .. 93 5.2 Response Rate by NCAA District ............. .............. ........ ...... .... 95 5.3 Characteristics of Study Sample Interval Independent Variables ................ ..... .... ............... ........ 97 5.4 Characteristics of Study Sample Ordinal Independent Variables ........ ..... .......... ... ... ..... . ..... ..... 98 5.5 Percent of Compliance-Past 4 Years ........... ........ ............. .... 100 5.6 Correlation of Compliance Measures ...................... .... ........ ... 102 5.7 Range of Variation of Compliance For Substantial Proportionality ... ... ..... .... ..... ............. ..... ....... .... 1 04 5.8 Correlation of Independent Variables with Substantial Proportionality .............. ... .... ... ... ..... ..... .... .... .... 1 07 5.9 Model 1 -All Programs ................... .............................. ............. 1 09 5.10 Model 2 Football Programs . ... ... .... ...... ..... ... ........ ......... 111 5.11 Model 3 Survey Programs ........ ............ .... ................. .......... 112 5.12 Rating Scale of Independent Variables .......... ........... ........ ....... 115 5.13 Model 4 Rating Scale Programs ... ... ........ ... ... ...... ... ....... ..... 116 xiv

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CHAPTER 1 INTRODUCTION Formulating public policy through federal statutes is perceived by the public as a means to address a variety of problems effectively. The belief that public policy formulation ends with the enactment of a federal statute is so common that it's a cliche : ''There oughtta be a law!" Even 1 with such complex issues as nondiscrimination and gender equity, there is a perception by some that change is achieved once a law has been enacted. After a statute has been passed by Congress and signed into law, however, the process of implementation and compliance can be slow and arduous, often requiring a timeframe of a decade or more (Sabatier 1988). This research focuses on one specific nondiscrimination statute Title IXand the differential implementation it has experienced in the area of college athletics since its enactment in 1972, nearly three decades ago. Title IX of the Education Amendments Act of 1972 deals with nondiscrimination in education based on gender; it was signed into law by President Richard Nixon on June 23, 1972. Most previous research on Title IX has focused on whether institutions comply or do not comply. Although compliance is a critical issue in the study, the main emphasis in 1

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this research is on why institutions comply-what variables affect their level of compliance. An institution's decision to comply with a law can be influenced by a variety of factors both internal and external. This study of the differential implementation of Title IX in college athletics is an effort to identify key factors and their degree of impact on adherence to the law. The goal of the implementation process is to achieve the legal objectives that have been designated in both the original statute and throughout the policy process. The process goes through a number of stages beginning with passage of the statute, followed by policy interpretation by the implementing agency and then the compliance of the target group( s ). Each of these stages has both intended and unintended consequences sometimes resulting in important revisions being made to enhance compliance with the statute. Occasionally key revisions take place during the implementation process that can change the level of success and compliance with a policy. These revisions can take the form of executive orders, court decisions, or new or revised statutes. Mazmanian and Sabatier (1984) describe what public policy goes through as a process of formulation, implementation, and reformulation. Examining Title IX over its 27 -year 2

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history demonstrated a process that might be better described as a recurring cycle of formulation, implementation, reformulation, and reimplementation. To better understand the fluctuating successes and failures of Title IX, this study examines, from the perspective of Senior Woman Administrators at colleges and universities, the factors that have influenced their institutions' level of compliance. Since its enactment, the number of women athletes in National Collegiate Athletic Association (NCAA) Division I schools has increased, but not at a pace that would be expected for a law mandated more than 27 years ago Although the participation rate since 1972 has increased by over thirty percent and may appear to be promising, "gender discrimination in intercollegiate athletics is still a serious problem nationwide" (Forseth, Karam and Sobocinski 1995 51). Examining Title IX implementation from its inception provides one perspective into why Title IX compliance has experienced both phases of growth and stagnation and continues to elude many collegiate athletic programs. Implementation of Title IX has gone through three specific phases and in 1997 began moving into a fourth phase: from its enactment in 1972 to 1983, there were increases in opportunities for women in college 3

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athletics; from 1984 to 1987, when the Supreme Court's 1984 Grove City College v. Bell decision came down, implementation was in a holding pattern; from 1988 to 1996, with the passage of the 1988 Amendments to the Civil Rights Restoration Act of 1987 and various legal rulings, Title IX experienced a renewed focus on implementation and compliance; and from 1997 to the present, several other key events have occurred that may affect Title IX compliance. By 1997, the twenty-fifth anniversary of Title IX, we began moving into the fourth implementation phase, characterized by a combination that produced a higher level of conflict: both a greater push for compliance and a greater resistance to compliance. Several significant events continue to shape this phase. First, the Equity in Athletics Disclosure Act (EADA) of 1996 requires colleges to provide financial information about their athletic programs. The Higher Education Amendments of 1998 went one step further, requiring that EADA reports be submitted to the Secretary of Education, who in tum must report to Congress beginning in April 2000. A second event is the Supreme Court's April 1997 decision not to hear Brown v. Cohen, which was an appeal by Brown University to overturn lower court rulings that Brown University, regardless of budget constraints, 4

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could not achieve compliance with Title IX by eliminating women's sports along with men's sports. This action could have significant implications for colleges with athletic programs (Guernsey and Naughton 1997, A39). Third, "the National Women's Law Center alleged that 25 colleges have been violating a federal anti-discrimination law [Title IX] by giving their female athletes a disproportionately small amount of sports-related financial aid" (Naughton 1998, A39). It is this Phase Four time-period, from 1997 forward with specific attention to Division I athletic programs that is the focus of this study. The Problem From 1971 to 1981, NCAA Division I institutions experienced an increase in women's participation in athletics from 7 percent to 35 percent. From 1981 through 1996 (a fourteen-year span) women's participation rate increased only 3 percent, reaching 38 percent in that year. The proportion of women in top collegiate sports programs inched forward in the 1996-97 academic year (from 37 percent to 38 percent), and so did women's share of athletic budgets (39 percent of financial-aid budgets, 29 percent of operating budgets, 28 percent of recruiting budgets). According 5

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to Christine H. Grant, director of women's athletics at the University of Iowa, "[t]hese numbers are not worth getting excited about. At this rate, it will take us 14 years to get to participation equality" (Naughton 1998, A42). Although there are more women athletes and more women's sports today than in 1972, a 1995-1996 study of 11 0 Division 1-A athletic programs by Gannett News Service indicated that there was an average gap of 16 percentage points between the numbers of women participating in sports compared to the numbers of women enrolled at the average NCAA member school. (Women constituted 52 percent of the undergraduates at Division I institutions in 1996-97 [Naughton 1998, A42].) Based on substantial proportionality, the gap must be no more than 5 percent in order for an athletic program to be in compliance. "The purpose of Title IX is to make athletic opportunities equal. It is therefore logical to presume that where the participation rates are not equal to the enrollment rates, the educational institution is unfairly favoring one gender" (Harris 1994, 86). One observer of the current situation (Harris 1994, 58), quoted the founder of modern Olympics, Pierre de Coubertin: "The important thing in 6

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[athletic competition] is not to win but to take part; the important thing in life is not the triumph but the struggle." There are social factors that are fundamental in making sports a basic part of life. In 197 4, President Gerald Ford, himself an intercollegiate football player, was quoted in a Sports Illustrated article as saying: Broadly speaking, outside of national character and an educated society, there are few things more important to a country's growth and well-being than competitive athletics. If it is a cliche to say that athletics builds character as well as muscle, then I subscribe to the cliche (Miracle : and Rees 1994, 29). According to Miracle and Rees, there are important lessons learned in athletics. Sports has socialization value and [a]dolescents learn the pro-social values necessary to be successful in business and life. They learn the importance of success and the need to dedicate themselves to attain success. They learn respect for authority, self-sacrifice, sportsmanship, and fair play. They learn to get their kicks on the playing fields and in the gymnasium rather than through deviant experiments with drugs and alcohol ... They learn to be winners [l]nterscholastic athletics is an integral part of the role of the school in inculcating the values necessary for the perpetuation of American society (17). The social and economic benefits of athletics are demonstrated in college when "participation in interscholastic athletics helps motivate athletes academically ... (Miracle and Rees 1994, 17) "The United State cannot relegate the intelligence, talents and burgeoning leadership skills of half its 7

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population to the sidelines of American life" (Schuld and Cantu 1998 27). Given the benefits of participating in sports, equity can only be achieved when women are provided more athletic opportunities. Examining three studies covering the years from 1995 through 1998 demonstrates minimal movement toward compliance in Division I athletic programs. In a 1995-1996 Gender Equity study of NCAA Division I schools, 28 of 305 (9 percent) athletic programs were within 5 percent of substantial proportionality. Only 8 of the 305 (3 percent) actually met or exceeded substantial proportionality. Thirty-one athletic programs of the 305 ( 1 0 percent) were 28 percentage points or more below substantial proportionality. The results of this study were clear: 91 percent of the Division I schools were out of compliance, and efforts needed to be made to change their athletic programs in order to enhance equity for women. According to Crawford and Strope "(a)lthough strides have been made in creating equal opportunities for women in sports, the situation remains far from ideal ... most campuses are still far from compliance with Title IX" (1996, 189). A 1997-98 study of Division I institutions by The Chronicle of Higher Education indicated a 2 percent increase from the previous year in the 8

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proportion of women athletes ( 40 percent) and scholarship funding allocated to women athletes (41 percent). The study also indicated that the percentage of women undergraduates increased from 52 percent to 53 percent in that one-year period. Using substantial proportionality as a measure of compliance, "[i]n 1997-98, 44 institutions met the five percentage-point test [14 percent], up from 36 institutions in 1996-97 [12 percent] and 28 in 1995-96 [9 percent]." Using financial aid as a measure of compliance, .. .47 of the 295 universities [16 percent] that offer athletics scholarships ... met the civil-rights office's standard, up from 16 in 1996-97" (Suggs 1999, A48). Given that the law is clear, that compliance is relatively easy to measure, and that means to implement compliance are known and available, the puzzling question becomes, why do schools not comply? The intent of this study was to use 1998-99 data to explore this question by examining to what extent compliance and noncompliance have occurred, evaluating the measures of compliance, and identifying the key internal and external factors that contributed to compliance or noncompliance. The goal was to gain insights from these issues that would improve theoretical understanding of the compliance process as 9

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well as to contribute to moving a greater number of collegiate athletic programs closer to compliance with Title IX. Why have there been such differences in how colleges have implemented Title IX in collegiate athletics? Why is such a small percentage of colleges in compliance with Title IX? What are the factors contributing to the varying degrees of compliance? How has the measurement of compliance (i.e. the operational definition of that concept) affected full compliance? What can be learned from the answers to these questions and then utilized to bring all college athletic programs into compliance with Title IX? The NCAA Task Force in Gender Equity in its final report (1993) defined equity as "an environment in which either the men's or women's sports program would be pleased to accept as its own the overall program of gender equity" (2). Title IX provides equality in the form of alternative athletic experiences and opportunities. It is based on a segregation model wherein the goal is to provide separate but equal opportunities for men and for women. 10

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The National Association of Collegiate Women Athletic Administrators in 1992 refined and adopted their definition of gender equity as follows: Gender equity is an atmosphere and a reality where fair distribution of overall athletic opportunity and resources, proportionate to enrollment, are available to women and men, and where no student-athlete, coach, or athletic administrator is discriminated against in any way in the athletic program on basis of gender. This is to say, an athletic program is gender equitable when the men's sports program would be pleased to accept as its own the overall participation, opportunities, and resources currently allocated to the women's sports program and vice versa. According to Susan Greendorfer, testifying in 1994, Gender equity in sports is not about money. It is about social, political, and economic opportunities related to access. Access in this instance relates to opportunities which are tied to some fundamental changes in societal attitudes and in current programmatic practices (Hearing on Sports Equity for Women) There has been unequal treatment of men and women in college athletics programs. "I knew Title IX existed, but I did not know that for the most part, its mandates have been ignored" (Pattison 1994, 263). This noncompliance with Title IX can no longer be ignored if there is any hope for gender equity for women in athletics. Thus the aim of this research is to gain a greater understanding of why as of 1997-98 only 14 percent of Division I athletic programs were in 11

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compliance based on substantial proportionality, why only 16 percent (primarily different schools) were in compliance based on financial parity, to evaluate progress as of 1998-99, and to gain insights into how to increase Title IX compliance in the future such that it conforms more closely with federal statutes, administrative mandates, and judicial rulings. Theoretical Issues Examining the process of turning policy into law and then into active compliance gained greater interest after the failures of some of President Johnson's Great Society programs in the 1960s In examining the functional stages of the policy process (the stages heuristic of Lasswell [1971] or Brewer and deleon [1983]), the emphasis of this study is on the implementation stage. It has, however, been difficult to construct a single theory of implementation that applies to all types of policies, levels of complexity, relationships among players, and the variables that influence compliance As Jenkins (1978, 20) notes, there is no one best way. The nature of the policy problem is such that a variety of approaches are required to deal with the complexity of the process It may be inappropriate to attempt 12

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to construct a universal theory of policy; the subject is simply too diverse, the number of variables too immense, and the relationships too complex to be explained by a single theoretical approach (McCool 1995, 8). The implementation process of public policy has not been identified as a single theory, but rather as a process within a conceptual framework. Maybe the best approach to understanding policy implementation theoretically is through the multiple lens strategy as described by Elinor Ostrom. According to Ostrom (1994, 1999), there are three different sets of propositions that can be arranged along a continuum of increasing logical interconnectedness and specificity but decreasing scope. They include conceptual frameworks, theories, and models. A conceptual framework identifies a set of variables and the relationships among them that presumably account for a set of phenomena. A theory provides a denser and more logically coherent set of relationships. A model is a representation of a specific situation. Although the implementation process has been used as the conceptual or theoretical framework for this study, issues such as gender equity and the field of women's sports were considered in order to understand the factors that have influenced compliance with Title IX 13

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It was also important to examine aspects of organization theory as they relate to compliance models. This study utilized multiple lenses conceptual frameworks, theories, and models-in an effort to develop an explanation of Title IX compliance. Purpose of the Study The purpose of this study was the development of explanatory models showing the factors that affect compliance/noncompliance with Title IX. With such information, institutions can make changes in their programs and increase compliance. Useful models would help public administrators to better understand development of policies and implementation based on information about the groups being affected by the policy and the internal and external factors that influence them. Another important purpose of this study is to shed light on the more general question of compliance with laws by individual institutions. An examination of why some organizations chose to comply with laws, why others chose not to comply, and how those who do not comply continue to get away with ignoring the law, continue to be crucial questions. In 14

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answering these questions, we can better understand the circumstances that influence organizations to favor compliance over noncompliance. Assumptions and Limitations Certain assumptions underlie this research, and certain limitations constrain its ambitions. First, there are factors affecting compliance that were not examined. This study examines how institutions make the voluntary decision to comply with Title. IX. Since it is a topic that has been covered in other dissertations, the impact of court-enforced compliance was only minimally addressed as a question in the written survey and, if applicable, in the telephone interviews. Second, there were some special categories of schools for whom compliance was easily met, such as those schools whose undergraduate population had an especially small number of female students. There were only a few schools in this category, and they were so different from most of the other Division I schools that not excluding these special category schools may have been preferable, since the overall findings of the study could not readily be generalized to them. They were, however, 15

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included in order to determine if there were other factors that may have influenced their high level of compliance. Third, only substantial proportionality and financial aid parity were utilized to measure compliance, even though Title IX provides for other means to it. For example a school can also be in compliance if it has a history and continuing practice of program expansion or if it can demonstrate that the athletic interests and abilities of its female students have been fully met. Fourth, using secondary data as part of the statistical analysis posed problems during the data collection process, primarily because the data definitions were not created with the research questions of this study in mind, but also because the data series did not include all the variables that were of value in this study. This limited the study's ability to perform a comparative analysis on certain variables using multiple years. One of the studies utilized as a key source of secondary data was from The Chronicle of Higher Education. The Chronicle's annual update on Title IX compliance is based directly on information provided to the Office of Civil Rights by colleges as part of their compliance with the Equity in Athletics Disclosure Act (EADA) of 1994. Given that this secondary data source did 16

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not provide all of the required data elements and it was based on 1997-98 figures, this study included a written survey and a request for a copy of the 1998-99 EADA report. Finally, in performing both a written survey and telephone interviews, only a few administrators at each school were asked to provide responses. As a result, the institutional perspective was through the eyes of a limited number of individuals who had their personal biases and agendas. The Senior Woman Administrators or Compliance Coordinators have a defined role that directly relates to Title IX compliance. Although they bring an in depth knowledge to the topic, one of their fundamental objectives is to move their institution's athletic program toward full compliance with Title IX. This must be considered as both a benefit and a limitation in this research study. Relevance of the Study As Title IX implementation has moved into its fourth phase, the policy question is ... not. .. whether women have received as much as men, but rather, whether the level of support was sufficient to provide robust and challenging competition. [It is time for] women's sports to be 17

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permitted to define their own frontiers [and offer a] new societal role for women in athletics" (Weistart 1996, 245). This study does not ask whether compliance with Title IX is appropriate: Title IX is the law and compliance is mandated. Rather, this research investigates why organizations (public or private) decide to obey the law (or not), and as such it bears upon a question important to the field of public administration. Organization of the Study Chapter 2, the literature review, traces the historical context of Title IX and describes the four phases that Title IX implementation has gone through during the past 27 years. It provides the foundation for explanatory models, which draw from the literature both internal and external factors that were examined during this research. It discusses the success or failure of Title IX within the context of culture and how it relates to compliance and noncompliance, invoking Rodgers and Bullock's compliance model utilized in studying civil rights laws. Chapter 3 uses a multiple-lens strategy as the theoretical framework of this study. It examines a variety of frameworks, theories, and models in order to 18

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develop explanatory models of Title IX compliance. It explores historical perspectives of policy implementation and feminist theory and how they contribute to the theoretical framework and development of the explanatory models. Chapter 4 outlines the methods utilized for this research study, detailing its tools, procedures, participants, and techniques of the data collection and analysis process. Chapter 5 reports on the results of the survey, statistical analysis, and telephone interviews and presents various findings. Chapter 6 returns to the questions raised in this chapter and draws conclusions and makes recommendations concerning appropriate next steps in both research on and implementation of Title IX. 19

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CHAPTER2 LITERATURE REVIEW This literature review is structured to provide a comprehensive overview of Title IX and develop explanatory models for institutions' noncompliance with its requirements. Its goal is to provide an understanding of the success and failure of Title IX compliance and to draw from the literature the variables that are examined in this study and ultimately incorporated into the explanatory models. Historical Context In June 1972, the Education Amendments Act of 1972 was passed by Congress. The final result of the congressional discussions was Public Law92-318, which went into effect on July 1, 1972, and is commonly referred to as Title IX of the Education Amendments Act of 1972 (Mahoney 1995, 949): 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. 20

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In a 1973 editorial Sports Illustrated aptly described the situation facing females interested in athletic competition: There may be worse (more socially serious) forms of prejudice in the United States, but there is no sharper example of discrimination today than that which operates against. women who take part in competitive sports (88). The next sections, which examine the historical context of Title IX and the four phases of implementation, provide a basis for understanding the differential implementation of Title IX in college athletics and the variation in levels of compliance that is still experienced today. 1972-1983: The First Phase of Title IX Implementation Congress sent the Equal Rights Amendment (ERA) to the states in 1972 for ratification. The ERA legislation required the approval of 38 states by June of 1982. By that date, however, only thirty-five states had ratified the ERA: 23 in 1972, 8 in 1973, 3 in 1974, and one more in 1975. This was the atmosphere that existed in 1972, laying the groundwork for two other important events that would change women's college athletics. The first event was the formation of the Association for Intercollegiate Athletics for Women (AIAW) which was intended to be the equivalent to the men's NCAA. Its goal was to provide female college athletes with a 21

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high level of training and competition. AIAW sponsored national championships in seven sports in 1972 (Pattison 1994, 264) The second event was the enactment of Title IX of the Education Amendments Act of 1972. The threshold issue as described by Diane Heckman (1992) was whether specific departments were directly receiving federal funding (the "programmatic approach") or whether federal funding was received by any department and then extended to include the entire institution (the "institutional approach"). According to Joseph Krakora ( 1983, 222), Title IX's "sparse legislative history made it unclear whether the Act applied specifically to university athletic programs." Since few athletic departments receive federal funding directly, if the programmatic approach were used, collegiate athletics would be exempt from Title IX compliance. Sports was menti!Jned only briefly by Senator Birch Bayh (D-Indiana), who proposed the original bill and advocated the "institutional" interpretation of the legislation. In 117 Congressional Record (1971, 30, 407), Bayh made a statement noting that the proposed Title IX would not require gender-blended football teams. In 118 Congressional Record (1972, 5, 807), he made a statement about privacy in athletic facilities. 22

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Since there was little mention of intercollegiate athletics in the legislative history and no mention in the statute itself, Title IX's application to college athletics was ambiguous from its outset (Connolly 1994, 850). The passage of the Javits Amendment to Title IX, introduced by Senator Jacob Javits (R-New York), gave the Department of Health, Education and Welfare (HEW) the responsibility to develop regulations for implementation and to this effect included intercollegiate athletic activities in the scope of Title IX (Mahoney 1995, 949). It became the responsibility of HEW and later the Department of Education (DOE) to define more clearly its applicability and scope, including college athletics through regulations and its Policy Interpretation. When it became apparent that Title IX would not allow gender discrimination in college athletics (especially men's revenue-producing sports), members of Congress introduced bills to restrict the scope of Title IX. John Tower (R-Texas) introduced the Tower Amendment, which attempted to exempt revenue-producing sports from Title IX compliance. As Lopiano and Zotos indicated in The Rules of the Game, the NCAA "maintained that athletic programs with revenue-producing sports did not receive direct federal funding and should be exempt from Title IX 23

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compliance" (1989, 34-35) The NCAA had been one of the chief opponents of Title IX. It lobbied against its passage, and later fought against its enforcement (Tokarz 1986). In spite of strenuous efforts to pass the Tower Amendment, it failed. Although the NCAA lobbied vigorously against Title IX, in 1981-82 season, it sponsored women's championships. The AIAW was not able to compete with the powerful NCAA and folded in 1982 (Pattison 1994, 265). Shortly after the initial guidelines developed by HEW were published in 1975, the NCAA filed suit challenging the regulations. The district court dismissed the case since the NCAA was not an educational institution, but the appeals court overturned the ruling. The NCAA subsequently withdrew from litigation despite the appeals court ruling. In 1978, the final guidelines/regulations became law. The DOE Office of Civil Rights was designated as the organization responsible for enforcement of Title IX. The regulatory aspects of Title IX were initially developed by HEW in 1975 and then monitored and enforced by DOE upon its creation. The three documents most frequently cited in the literature are: the Regulations, the Policy Interpretation, and the Investigator's Manual. Aspects of the 1979 Policy Interpretation have 24

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become the guidelines utilized in case law to determine whether a college or university is in compliance with Title IX. In the Policy Interpretation, three areas are reviewed and assessed to determine compliance with Title IX: athletic financial assistance; other non-financial program areas; and accommodation of athletic interests and abilities of students. Figure 2 1 -Title IX Compliance Areas in Athletics graphically represents these three areas and details the components utilized by the OCR to measure compliance in the third area of effective accommodation by applying a three-pronged test. 25

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Figure 2.1 litle IX Compliance Areas in Athletics The three-pronged test focuses on the opportunities to compete and the three measures of compliance: 1) Whether intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments; or 2) Where the members of one sex have been and are underrepresented among intercollegiate athletes, whether the institution can show a history and continuing practice of program expansion which is demonstrably responsive to the developing interest and abilities of the members of that sex; or 26

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3) Where the members of one sex are underrepresented among intercollegiate athletes, and the institution cannot show a continuing practice of program expansion such as that cited above, whether it can be demonstrated that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program. The first is called "substantial proportionality," the second is called a "history of expansion," and the third is called "interests and abilities." Although compliance with the effective accommodation requirement can be satisfied by meeting any one of the three prongs, only the first truly provides a "safe harbor" for institutions. If the representation of men and women among the athletes is "substantially proportionate" to their representation in the undergraduate student body as a whole, no further inquiry need be undertaken in this area (Gray 1996, 167-168). The other two measures of compliance are more subjective and not as simple to measure. A school can demonstrate a "history of expansion" by increasing women's athletic opportunities primarily by adding women's teams on a regular and continuously basis. How often and how many teams and opportunities has not been clearly defined. A school can meet the "interests and abilities" standard by demonstrating that the women's athletic program has satisfied the interests and abilities of the female undergraduate population. This is difficult to demonstrate and some 27

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schools have attempted to do so by surveying their female undergraduate population or the pool of high schools whose graduates attend their university. From a regulatory perspective, the three-pronged test described in the Policy Interpretation has become not only the guide for the OCR to measure compliance, but also as a result of Cohen v. Brown University (1992 1993 and 1995)-it has become the three-benchmark test for determining compliance through the courts. In 1995 Cohen v. Brown University, the District Court found that Brown was in violation of Title IX for failure to comply with the "equal opportunity" provisions of the regulations due to its failure to "effectively accommodate the interests and abilities of members of both sexes." 1984-1987: The Second Phase of Title IX Implementation Thomas Evans (1996, 57) wrote that "Probably the most influential early case concerning Title IX is the Supreme Court decision in Grove City College v. Bell," which limited the scope of Title IX to specific programs rather than the entire institution This moved Title IX into its second phase, which was a holding pattern in terms of compliance. The Women's 28

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Sports Foundation stated, "the Supreme Court's decision virtually excluded athletic departments from Title IX mandates because athletic departments generally do not directly receive federal assistance" (Miguel 1994, 281 ). As a result, college athletics was no longer under the purview of Title IX and progress toward compliance came to a standstilL The Court favored the programmatic approach, concluding that "only those specific programs within an institution receiving direct financial assistance from the federal government should be subject to Title IX requirements and sanctions In looking at this decision from afar, Title IX supporters might believe the Court's decision had undermined the effectiveness of the legislation. Taking a closer look at the actual circumstances of the case, however, reveals a different perspective. "In Grove City College v. Bell (1984), a small private college and four student recipients Basic Educational Opportunity Grants (BEOGs) [also referred to as Pell Grants], brought an action against Secretary of Education, Terence Bell, after the DOE terminated the students' aid because of the college's failure to execute a Title IX Assurance of Compliance" (Richardson 1994, 165) Initially, the Court held that even though the college received no direct funding, the students' receipt of 29

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BEOGs constituted federal financial assistance within the meaning of Title IX. The Court also held that indirect receipt of federal assistance did not activate the institution-wide coverage under Title IX As a result, the Court held that Title IX covered the college's financial aid program and required the college to demonstrate compliance only in its financial aid program. The impact of the1984 Grove City College case resulted in the OCR withdrawing from Title IX investigations that were planned and already underway because enforcement using a programmatic approach clearly placed college athletics outside the scope of the Act. According to T. Jesse Wilde, "[w]hat momentum the gender-equity movement had mustered seemed losf' (1994, 220). Another case considered by the Supreme Court and related to Title IX was Canon v University of Chicago in 1979. In its ruling, the Court implied a right of action under Title IX for private litigants. The ability of a plaintiff to receive damages was still in question. Courts universally awarded injunctive relief but were split on the question of monetary relief. 30

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1988-1996: The Third Phase of Title IX Implementation As a response to the Grove City College ruling, there were numerous efforts by Congress to legislate amendments that would return compliance of Title IX to an institutional approach rather than a programmatic approach. Congress finally succeeded in passing the 1988 Amendments to the 1987 Civil Rights Restoration Act over the veto of President Reagan. The Amendments "requir[ed] that Title IX be applied to an entire institution if any program within the institution receives federal funds" (57). This was the beginning of the third implementation phase of Title IX compliance. The Act was intended to "creat[e] a more level playing field for female athletes" (Ferrier 1995, 854). "It was expected that the passage of the Civil Rights Restoration Act of 1987 would breath new life into Title IX and revitalize the gender equity movement" (Wilde 1994,230). B. Glenn George describes it well: "'the clear and wholesale application of Title IX to collegiate athletics really dates from 1988 and, therefore, is a relatively recent phenomenon" (1993, 555). In 1992, the Supreme Court, in Franklin v. Gwinnett County Public Schools, ruled that compensatory damages could be awarded under Title IX and the prevailing party was entitled to recover legal fees. 31

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Suddenly the threat of Title IX litigation gained considerably more effect (Evans 1996, 57). The Title IX cases that follow can primarily be divided into suits by female athletes and suits brought by male athletes The cases in which female athletes filed suit (all in 1993) include Cohen v. Brown University, Roberts v. Colorado State Board of Agriculture, and Favia v. Indiana University of Pennsylvania. In Cohen v. Brown University ( 1993), members of two eliminated women's teams challenged a decision by the university to rectify budget problems by eliminating four varsity sports teams (two women's and two men's) In making its decision, the First Circuit Court determined that since Congress had delegated the task of promulgating regulations, the regulations and the Policy Interpretation deserved "controlling weight." To determine effective accommodation, the three-benchmark test was used and Brown University could not satisfy benchmark number one, substantial proportionality. The Court also noted that when a school eliminates a team and those athletes are the plaintiffs, there is little question that they have failed to meet the interests and ability standard benchmark (Ferrier 1995, 857 -858). 32

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In Roberts v. Colorado State Board of Agriculture (1993), members of the Colorado State University (CSU) women's varsity softball team sought injunctive relief to prevent the school from discontinuing their team. The main issue of the case was effective accommodation and the Tenth Circuit turned to the Policy Interpretation and the three-benchmark test. Given a 10 percent disparity between women's enrollment and athletic participation, CSU did not meet substantial proportionality and had not met the second benchmark, a history and continuing practice of expansion of women's athletics. The court ordered reinstatement of the team (Ferrier 1995, 859-861 ). In Favia v. Indiana University of Pennsylvania (1993), the Third Circuit heard the University's appeal of an earlier Title IX decision. In 1991, Indiana University of Pennsylvania (I UP), citing budgetary concerns, eliminated two male and two female varsity teams. Members of the women's gymnastics and field hockey teams brought a Title IX class action suit to force IUP to comply with Title IX and reinstate their teams The Court, utilizing the three-benchmark test, issued an injunction reinstating the teams. IUP filed a motion to modify the preliminary injunction enabling them to add a women's soccer team instead of 33

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reinstating the two teams. The court refused to permit IUP to modify the injunction (Ferrier 1995, 861-862). As noted by Craig Hymowitz who states, "[S]o far, women have initiated thirty Title IX lawsuits, and they have won them all" (Evans 1996, 57). In 1993, there were two lawsuits by male athletes: Kelley v. Board of Trustees of the University of Illinois (1993) and Gonyo v. Drake University (1993). The University of Illinois, based on budgetary issues, announced that it would be eliminating the men's swimming and fencing teams, and men and women's diving teams. Members of the men's swimming team argued that since the University did not eliminate the women's swim team, the school had violated Title IX. In Kelley, the court rejected this argument and found that as long as the reductions moved the University closer to substantial proportionality, -they did not violate Title IX, thus rejecting the plaintiffs' contention that Title IX mandated discrimination against males. The court further added that the University could not cut the women's diving team because the action would expose them to Title IX liability. In Gonyo v. Drake University(1993), members of the men's wrestling team sought reinstatement of their team. The court held that the 34

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university acted in accordance with the purposes of Title IX by encouraging female athletes to participate, even if this was done at the expense of male teams. 1997 to Date: The Fourth Phase of Title IX Implementation The fourth phase of implementation began in 1997, the year of the twenty-fifth anniversary of the enactment of Title IX. Congress, the Supreme Court and the OCR each took actions that potentially could affect compliance with Title IX in the future. Congress passed the Equity in Athletics Disclosure Act in October 1996, the Supreme Court decided not to hear Brown v. Cohen, and the OCR began investigations against 25 Division I colleges claiming that female athletes were receiving a disproportionately small amount of financial aid. President Clinton made an announcement on the twenty-fifth anniversary of Title IX "new regulations would extend the laws protections to every academic program in every school receiving federal funds" (Leo 1998, 11 ). During the fourth phase of implementation, all three branches of the government have renewed their commitment to obtaining full compliance with Title IX. As a result, colleges and universities that are not in compliance will need to 35

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revamp elements of their athletic programs to comply successfully with Title IX. This raises the question at the heart of this research study what are the factors that influence the success or failure of Title IX compliance? In examining the historical context of Title IX, several elements lend themselves to incorporation into explanatory models First, substantial proportionality has been commonly utilized by the OCR and the courts as a means to decide whether a college or university is in compliance with Title IX. More recently, exact proportionality has received more attention and scrutiny as an important measure of compliance and, along with substantial proportionality, was examined as possible dependent variables. Second, the Tower Amendment was an effort to exempt revenue-producing sports such as football from Title IX compliance. Examining the influence of revenue-producing sports on compliance provides other key factors as independent variables. Third there were several court decisions in 1993 concerning institutional budget constraints resulting in the elimination of both women's and men's athletic teams. The court decisions to maintain or add to the number of women's teams while eliminating men's teams highlights the need to more closely explore the 36

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influences of variables such as budgetary issues and numbers of teams by gender. The best approach to identify other factors that influence compliance is to explore several areas, both generally and specifically in reference to Title IX. These areas include the success or failure of compliance, and the key factors that affect compliance. Success or Failure of Compliance "The organizational, political, social and legal context within which a policy is implemented profoundly affects its chances for success" (Ingram and Mann 1980, 213). Measuring success or failure of a law can be determined using either the perspective of progress toward the legal objectives or a binary measure, whether or not compliance has been achieved based on a defined standard. Given the nature of mandating equity, although improvement is important, achieving full compliance is the objective. 'While ... measurable gains have been won in women's ... athletic opportunities since 1972, a close examination of college sports reveals a slow march toward equality in which we are less than halfway there" (Sklover 1997, 13). In the case of Title IX, defined 37

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standards of compliance have been the best measures of success or failure with the law, and the OCR and the courts have had key roles in determining compliance or noncompliance. How to achieve compliance with Title IX has been relatively clear since the late 1970's with the Regulations, Policy Interpretation, and Investigators Manual that were developed by the OCR. Although there have been refinements and modifications of what is required as a result of new legislation, enforcement actions, and case law, how to measure compliance was well-defined during the first decade of the implementation process. Aspects of the 1979 Policy Interpretation have become the guidelines utilized by the OCR and in case law to determine whether a college or university is in compliance with Title IX. In current practice, three areas are reviewed and assessed to determine compliance: athletic financial assistance, other non-financial program areas, and the accommodation of athletic interests and abilities of students (see Figure 2.1 on page 25). The OCR measures compliance in the third area of effective accommodation by applying the three-pronged test of substantial proportionality, a history and continuing practice of program 38

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expansion, and full and effective accommodation of all students' interests and abilities. Given its importance as a compliance measure, substantial proportionality, along with exact proportionality of financial aid, were the measures of compliance, the dependent variables, utilized in developing the explanatory models. Key Factors That Affect Compliance In the 1970s Rodgers and Bullock studied compliance with civil rights laws, and their findings indicated that compliance depended on: (1) the clarity and content of the law mandating the change; (2) the certainty and severity of the penalties for disobedience; (3) the perceptions of legitimacy of the law by whites [represented class]; (4) the persistence of black [underrepresented class] demands; (5) whether the regulated agreed with the law; (6) the specificity with which progress is measured; (7) the extent of monitoring activities; and (8) the existence of an enforcement agency. Rodgers and Bullock (1976) examined other studies in the civil rights arena and homed in on four variables critical to determining policy outcomes. The most frequently identified factors fall into four major categories: (1) the substance of the law; (2) the social, 39

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economic, and political characteristics of the compliance environment; (3) decision maker variables; and (4) the quality of enforcement efforts. Given that Title IX also deals with achieving equity, consolidating the four categories and some of the findings they described into a single list, and relating them to Title IX, provides a practical approach to understanding the successes and failures of implementing gender equity in college athletics and a basis for identifying internal and external factors. Based on Rodgers and Bullock's findings and research, the following list of categories was utilized to gain insights into the successes and failures of implementing Title IX and as a method to identify factors to be used in the compliance models: ( 1 ) clarity and substance of the law; (2) social, economic and political characteristics of the compliance environment; (3) decision maker variables; (4) the quality of enforcement efforts and severity of penalties; (5) how progress is measured and monitored; and (6) whether those regulated agree with the law. Title IX was adapted from the Civil Rights Act and was brief, clear, and to the point. When it went into effect on July 1 1972 and up through the present, the law has always been clear: educational institutions receiving Federal financial assistance shall not discriminate based on 40

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gender. The substance of the law has been modified over time through additional legislation, administrative actions, and court rulings, but it has always been a nondiscrimination statute focusing on equal opportunities and resources for women. In reviewing the structure of the statute, according to Wei start, it is evident that Title IX is not, precisely speaking, "an anti-discrimination statute." It actually "tolerates open and notorious discrimination" and uses a "separate but equal" approach. Title IX provides equality in the form of alternative experiences ("separate but equal") which in tum creates a "we/they, men versus women dichotomy." He also stated that "[t]he resources for funding athletes are limited and thus a gender-based debate over the allocation of those funds is inevitable" (Wei start 1995, 194-195). The budgetary structures in college athletics reinforce this dichotomy and tend to create incentives against compliance. The historical context describes the four phases of implementation and provided some of the social, economic, and political characteristics prevalent in the compliance environment surrounding Title IX. It is understandable that after the initial enactment, there was a surge toward compliance. At the time only about 30,000 women were participating in 41

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college athletics, so participation rates could only improve from there. But the Supreme Court's 1984 decision in Grove City College v. Bell, limiting Title IX so that it did not cover athletics, virtually halted any significant progress toward compliance. In 1987 Congress passed the Civil Rights Restoration Act, which brought athletic program compliance back under Title IX. This created a resurgence of efforts to comply, as well as conflict concerning how to comply with Title IX. Finally, in 1997, the twenty-fifth anniversary of Title IX, the Supreme Court's ruling on Brown v. Cohen and the implementation of the Equity in Athletics Disclosure Act produced a renewal otpurpose and a statement to all educational institutions that Title IX is the law and that compliance is mandatory. It is evident that changes in the legal environment have had a major effect on Title IX compliance. Charles Farrell summed up the social and economic issues related to athletics thus: "Athletics and the desire to win have been with us through the centuries, but the business of sport has been honed in the twentieth century to a fine edge through the introduction of large amounts of money to the arena" (1989, 3). This is both an economic issue in terms 42

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of the influx of large sums of money being devoted to athletics as well as a social issue resulting in a desire to win at all costs. "The disparities between men's and women's athletic programs are often rationalized by universities and colleges under a recurring theory, revenue generation" (Harris 1994, 76) The revenue-producing. sports (men's football and men's basketball) are seen to provide financial support to maintain all athletic programs, including women's sports. Football has no comparable sport for women in terms of funding or the number of athletic opportunities. According to Donna Lopiano, there is a perception that "[f]ootball is the proverbial goose that lays the golden egg and if football dies all remaining men's and women's sports supported by its revenues also will die" (1994, 281). On the contrary, according to a 1997 study in The Chronicle of Higher Education, only 34 percent (76 out of 223) Division I schools "Yith football teams produced more revenue than expenses. Given serious budget constraints as well as the desire to compete for outstanding athletes, especially in the revenue-producing sports, most colleges are reluctant to shift funding to women's and non-revenue men's sports. "Institutions ... have been unwilling to reduce what many consider 43

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to be excessive expenditures on men's football and basketball, and are eliminating men's nonrevenue-producing sports and blaming it on having to provide equal athletic opportunities for women" (Lopiano 1994, 285). As Pieronek noted Each in some way sees the other as its mortal enemy ... Some feel college athletics is not big enough for both-that one's survival necessarily leads to the other's demise" (1994 351 ) This high level of conflict with such differing views raises the pressing question, "[H]ow [will] gender equity in sports programs be achieved in the face of strong negative incentives?'' (Weistart 1996, 196). In seeking possible solutions to the current struggles between revenue-producing sports and compliance with Title IX, Ferrier suggested an analytical model based on work done by C David Strupeck. The intent of this model was to help balance the impact of football and other revenue-producing sports Ferrier wrote, [e]ach athletic department should total each team's operating budget and subtract from the amount any revenue earned by the individual team that year; this number would represent the team's net profit or loss for the year If a particular team earns a profit, then it has not 'used' any federal money, but if it has lost money, then it has 'used the amount losf' (1995, 881-882). 44

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A recent study by Rishe ( 1999) analyzed whether "the presence and profitability of football influence female athletes in terms of both absolute and relative funding per athlete, as well as opportunities in general" (702) The study used data from 1995-96 and focused on Division I schools. Although all divisions were included in the study (Division 1-A, 1-AA and 1-AAA), by definition Division 1-AAA schools do not have football programs The study findings indicated that "the presence and profitability of football have a positive effect on the amount spent per female athlete and a negative effect on the proportion of all expenditures allocated to women athletes. The presence of football makes more difficult the compliance with financial gender equity (defined in an absolute sense) and with gender equity in respect to participatory opportunities" (715). The study also included a regional factor and found that southern schools are more likely to be out of compliance than other regions of the country. Their findings provided the basis for the independent variables related to football profitability and region and their effects on compliance. The decision maker variables were crucial and a significant portion of the survey focused on both internal and external decision makers and their influence on Title IX compliance Clearly, compliance decisions are 45

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political decisions. Therefore it will be important to identify the key decision makers such as university presidents, athletic directors and senior woman administrators and to explore the ways in which, and the extent to which, they influence an institution's decision to comply with Title IX. The quality of the enforcement effort ties in multiple elements that affect the success or failure of policy implementation. These include such items as how compliance is measured and monitored, whether the penalties for noncompliance are both severe and enforced, and whether those regulated agree with the law. Since 1978 the OCR has had clear measures of compliance concerning Title IX in college athletics. Measurements have been based on three areas: athletic financial aid, other non-financial programs, and accommodation of athletic interests and abilities. The third area of effective accommodation became the three-pronged (or three-benchmark) test for determining Title IX compliance by OCR and the courts The OCR's efforts to monitor Title IX, however, were also influenced by environmental characteristics; enforcement fluctuated and likely impacted 46

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compliance in a manner consistent with the four phases of implementation. Historically, there has been no legitimate means to enforce compliance (although loss offederal funding is an option, it has never been used), no Presidential support to produce public and political influence encouraging schools to comply, no economic incentives to create voluntary compliance, and no significant social support for full compliance. In fact, economic and social factors have generally worked in favor of noncompliance The OCR has not been successful in monitoring and enforcing institutions' compliance with Title IX. In addition, "[s]even years after its enactment in 1979, a delay in enforcement began which lasted for almost two decades Each administration under Presidents Ford, Carter and Reagan hesitated about athletics -first about the regulation (President Ford), then about the 'Policy Interpretation' (President Carter), and then simply about the issue itself (President Reagan). As a result, the public's perception of Title IX's constitutional legitimacy was seriously eroded" (Orleans 1996,137). Efforts toward compliance with Title IX did not 47

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experience a resurgence until receiving renewed support from President Clinton. Prior to the 1990s, the penalties for disobedience of Title IX lacked clarity and were rarely enforced. Although a school could lose financial assistance for noncompliance, this action has never been taken against a school, regardless of its level of compliance. Regulatory agencies have a limited ability to bring targeted groups into compliance and this has been true of the OCR From a regulatory perspective, "OCR has failed to provide effective and adequate enforcement and guidance consistent with the letterand spirit of Title IX" (Working Paper No. 69, 1993). The penalties for disobedience crystallized in 1992 with the Supreme Court's ruling in Franklin v. Gwinnett County Public Schools. As a result of this decision, compensatory damages could be awarded and legal fees recovered under Title IX litigation. The monetary threat made the penalties for noncompliance and disobedience more certain and more severe. It is not enough, however, to have appropriate penalties and sanctions for noncompliance. The implementing agency needs a monitoring system that provides ongoing information to determine an 48

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institution's level of compliance. The EADA report has provided a functional and ongoing monitoring tool that has been utilized during the late 1990s by the OCR and the public to oversee institutional compliance with Title IX. The question of whether those regulated agree with the law speaks to the issue of there being multiple players involved in Title IX compliance success or failure. This again raises the concept of the "haves" and "have nots." Groups representing women's sports and gender equity tend to support Title IX and its efforts to achieve full compliance. On the other hand, groups representing men's sports-both the revenue-producing sports (football and basketball) and those that lose money (wrestling and gymnastics) continue to disagree with either the interpretation of Title IX or with the methods used to measure compliance. Generally, institutions tend to perceive the Title IX mandate primarily from an economic or budgetary perspective. If their budgets are shrinking, they are hard-pressed to provide more funds to support women's sports and comply with Title IX. Nevertheless, the OCR and the courts have repeatedly argued, especially in the mid to late 1990s, that Title IX is the law and it will continue to be monitored and enforced. 49

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Although modifications have taken place, the areas of financial assistance, other non-financial programs, and effective accommodation remain the measures of compliance of Title IX. Although how to measure Title IX compliance has been clear, the ultimate question of this study concerned the identification of factors that facilitate or hindere compliance. According to Ingram and Mann (1980, 8): Compliance is likely to be facilitated when 1) the legal policies are clearly specified and represent a minimum deviation from custom, 2) the policy makers are highly regarded and maintain a unity of support for the legal policies, 3) the policy appliers have time, financial resources, expertise, positive incentives, and negative sanctions in administering the policies, 4) the policy recipients have attitudes and backgrounds that favorably dispose them toward the policies, and 5) environmental conditions are conducive to compliance, including communications, media, education facilities, and business conditions. In this research st udy, it was crucial to examine institutional barriers and incentives. "Individual and group behavior in complex institutional settings lends itself well to insights into the barriers [and incentives] to policy success" (Ingram and Mann 1980, 17). By inquiring as to what factors influence compliance with Title IX, information was obtained about 50

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the success or failure of policy implementation in individual institutions and Division I schools in the aggregate. Ingram and Mann (1980) addressed situational parameters and the importance of the context within which a policy is implemented for achieving success. With Title IX it was essential to identify the organizational elements affecting compliance, the external influences on the schools, and the interrelationships among them To understand Title IX compliance required knowledge of factors both within and dutside these educational institutions. This was the basis of the explanatory models of Title IX compliance and why it focused on the target group, Division I institutions and their athletic programs. In examining successes and failures of Title IX and the key factors that affect compliance, there are several recurring themes Having specific mechanisms in place to measure compliance, such as substantial proportionality and exact proportionality of financial aid for Title IX, is discussed repeatedly throughout the literature. Making sure that equal opportunities and resources are available for women suggests examining the number of female undergraduates, female athletes, and the financial resources allocated to women's athletic programs The issue of budgetary 51

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constraints on educational institutions and the impact of revenue generating sports, such as football, provide key factors in the development of the explanatory models. The decision makers (the university president, athletic director, senior woman administrator) are critical players who need to be evaluated as to their influence on compliance. Finally, enforcement and monitoring bring to bear the influence of external forces -federal and state legislation, the OCR, the NCAA, the public and the media. 52

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CHAPTER3 COMPLIANCE/NONCOMPLIANCE IN A THEORETICAL FRAMEWORK No single body of theory is sufficient basis for an understanding of Title IX and the issues surrounding the implementation of gender equity in college athletics. In the subsequent discussion, public policy implementation provides a general, basic theoretical framework, but it will also be necessary to consider other theories and models. Use of a single theoretical framework would filter out critical elements that are crucial to gaining a clear and accurate perspective on how institutions comply with Title IX. Instead, it is necessary to use multiple lenses, overlaying frameworks, theories and models one upon another, in order to develop explanatory models. To understand gender equity, two other theoretical streams will be examined: feminist theory, and theories concerning compliance. Policy Implementation as a Theoretical Framework The functional stages approach (stages heuristic) originally described by Lasswell in 1971 and later refined and detailed by Brewer ( 197 4) and Brewer and de Leon ( 1983) provided an understanding of the 53

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complexities of the policy process as well as a means to help identify the focus of this study. The stages were described as initiation, estimation, selection, implementation, evaluation, and termination. "Implementation studies have generally found that implementation is the most difficult phase of the policy process" (Jenkins 1998, 2). The implementation stage is the emphasis of this study, although other stages are relevant and examined to a lesser extent. Policy implementation research began with a focus on single case studies (Pressman and Wildavsky 1973; Bardach 1974) and then became more analytical and comparative in perspective and sought to explain variations in implementation success (Goggin 986; Sabatier and Mazmanian 1979 and 1980). The focus was on ... a top-down perspective where they started with a policy (usually a statute) and examined the extent to which its legally-mandated objectives were achieved over time and why." In the late 1970s and early 1980s, a different policy implementation approach emerged: the "bottom-uppers started with an analysis of the multitude of actors who interact at the operational (local) level on a particular problem or issue" (Mazmanian and Sabatier 1989, 288). Such 54

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scholars as Ingram (1978) and Hyern and Hull (1982) tended to use this bottom-up approach In 1990, Goggin et al. developed the communications model of intergovernmental policy implementation. Its focus was on implementation at the state level, but aspects of the model may also be applicable in analyzing the implementation process for colleges in reference to Title IX. The model addressed ... the dynamic interaction of bureaucrats, legislators, and organized interests ... [at various levels of government] ... and argues ... that implementation behavior varies predictably with attributes of the policy, the implementers and their organizations, and the environment in which implementation decisions and actions take place" (Goggin et al 1990, 20). This approach provides a valuable perspective on the dynamic interaction and context of the implementation process, but its emphasis on the legislative, administrative, and judicial variables does not give enough attention to the target groups and key players who are directly affected by a policy's outcome. In Richard Matland's 1995 article, "Synthesizing the Implementation Literature: The Ambiguity-Conflict Model of Policy Implementation," he reviews the policy implementation literature and confirms that the field is 55

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split into two major schools, top-down and bottom-up, According to Matland, [T]op-down theorists see policy designers as the central actors and concentrate their attention on factors that can be manipulated at the central level. Bottom-up theorists emphasize target groups and service deliverers, arguing policy really is made at the local level. Most reviewers now agree that some convergence of their two perspectives ... is necessary for the field to develop" (146). Matland attempts to reconcile these models by developing an alternative. He concentrates on the theoretical significance of ambiguity and conflict for policy implementation, identifying policy ambiguity and conflict levels as crucial factors that influence the policy process. Matland describes four policy implementation paradigms: low conflict-low ambiguity (administrative implementation), high conflict-low ambiguity (political implementation), high conflict-high ambiguity (symbolic implementation), and low conflict-high ambiguity (experimental implementation). Title IX has gone through various phases that can be described using Matland's model, experiencing varying degrees of conflict and ambiguity during its history. His paradigms, however, address primarily the process. In order to understand Title IX and its implementation, a more expansive view of 56

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the factors, especially the players or target groups, needs to be considered when evaluating influences on compliance with Title IX. Title IX and its history and particularly its implementation have been influenced by numerous factors. The theoretical framework utilized in this study is well described by Mazmanian and Sabatier: To understand what actually happens after a program is enacted or formulated is the subject of policy implementation: those events and activities that occur after the issuing of authoritative public policy directives, which include both the effort to administer and the substantive impacts on people and This definition encompasses not only the behavior of the administrative body which has responsibility for the program and the compliance of target groups, but also the web of direct and indirect political, economic, and social forces that bear on the behavior of all those involved, and ultimately the impacts both intended and unintended-of the program (1989, 4). In order to understand the levels of success and compliance with Title IX, it was necessary to examine three components of policy implementation: the policy type (Lowi 1972; Mazmanian and Sabatier 1989), the policy process (Hofferbert 1990; Ostrom 1994; Kingdon 1984; Sabatier 1986, 1988; Mazmanian and Sabatier 1989) and the players (Mazmanian and Sabatier 1989; Schneider and Ingram 1993). The policy type is an important consideration and can influence the degree of success implementing a public policy. According to Lowi, the 57

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policy process will differ significantly depending on the policy type. The types of policy have been described as falling into four major categories: distributive, regulatory, redistributive, and constituent (1972). When it is necessary to redistribute resources, as in the case of Title IX, a conflict develops between those who currently have opportunities, benefits or resources and those who do not. Title IX, as a nondiscrimination and gender equity law, especially in the area of athletics, reinforced what already existed in society in general -a struggle between the "haves" and the "have nots"-a struggle between men's and women's athletic programs. "Enforcement of equal opportunity ... has encountered strong resistance from the athletic establishment; which has fought efforts to equalize resources and opportunities for young women" (Brake and Caitlin 1996, 51) With men possessing a larger degree of the opportunities and resources in college athletics, Title IX became a critical policy for redistributing opportunities and resources and creating equity in college athletics. Mazmanian and Sabatier describe three basic stages of the policy implementation process -formulation, implementation and reformulation (1989, 8). They also describe the role of the actors, both implementers 58

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and the target groups (1989, 27). Schneider and Ingram in their 1993 article "Social Construction of Target Populations: Implications for Politics and Policy'' emphasize the importance of the target populations in influencing the policy process. They address the social constructions of target populations "the cultural characterizations ... of persons or groups whose behavior and well-being are affected by public policy" (334). In listing some of the variables that have become important, they mention the importance of gender in understanding political behavior (334). Along with identifying the policy type of Title IX as redistributive, it was valuable to understand the workings of its policy process and the interactions of its players. The policy process and the players have an interconnectedness that contributes to both the level of complexity and the success of implementation. According to Mazmanian and Sabatier (1989), there are three phases in the policy process: formulation, implementation, and reformulation. To better understand how Title IX implementation has progressed, compliance by the target group or players is treated as a third phase instead of reformulation and overlaps Mazmanian and Sabatier's implementation and reformulation phases. Thus the Title IX process consists of three phases that I shall call 59

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formulation, implementation and compliance. The reworked implementation phases and the players' roles in each phase are described below. The first phase of the policy process usually takes the form of a congressional action, a bill enacted into law, or a court decision or ruling. The second phase of the policy process occurs when the implementing agency (in the case of Title IX, the Office of Civil Rights [OCR] of the Department of Education) develops and provides policy interpretations and means or methods to ensure compliance For Title IX the OCR developed specific measures of compliance. Two of those measures, substantial proportionality and financial aid parity, were explored as the dependent variables in this research study. The third phase of the policy process is policy compliance, which focuses on the target group and its level of success complying with the law. The policy implementation literature provides a valuable lens and framework in examining the factors influencing Title IX compliance in college athletics 60

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Feminist Theory Because Title IX is a policy that addresses nondiscrimination and gender, it is helpful to examine its implementation using a Feminist Theory lens. The feminist movement has as its main objective changing all aspects of society with the goal of reaching social and economic gender equity. As Wendy Olson indicated, the women's athletic movement is often seen as sharing common struggles and goals with the general women's movement: [M]any of the struggles women face in general are the same struggles the women's sports movement faces: struggles over how to eradicate outdated stereotypes; struggles over how to gain access to positions of power and economic rewards to which women traditionally have been denied; struggles over how best to advance the position of women; and struggles over how to create a movement that promotes the interests of all women, or at least recognizes the diversity that exists within the women's movement (1990, 272). Historically, the women's sport movement has questioned the dominance of the traditionally male perspective of sports. Matthew Daniel observed that "traditional male-dominated athletics reinforce negative stereotypes that promote the inferiority of women" (Daniel 1995, 273). Efforts to successfully implement Title IX are representative of other struggles that the women's movement has experienced during its history. 61

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The feminist theory behind these efforts has gone through various stages of development. According to Brady Giroux, "gender is one of the most crucial issues in contemporary life" and "the questions of gender and equity provide an essential element in the wider struggle over principles of equity, freedom, and justice" (1989, 6-7). Judith Butler suggests that the field of feminist theory and femini _sr.n has moved from a unity in the 1970s to multiple perspectives that have made it difficult to identify a common set of assumptions to describe feminism (1991, 88). The literature provides a spectrum of feminist approaches, such as Marxist, radical, socialist and liberal feminist. The debate between these perspectives are framed in the "notion of power and the sociopolitical description of gender subordination and oppression ... in a self-perpetuating patriarchal system ... The legal reforms in women's interests are in the hands of the paternal state" (Butler 1999, 88). These feminist perspectives have some common assumptions, but their strategies for change vary. Marxists focus on the structures of economy and society. The Marxist vision sees science as a means to contribute to human emancipation. Marxist feminists "seek to substitute women or feminists for 62

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the proletariat as the potentially ideal agents of knowledge" (Staudt and Weaver 1997, 42). Catharine MacKinnon's Toward a Feminist Theory of the State (1989) provides a radical feminist approach with its roots in Marxism. The radical feminist approach moves from a focus on Marxist dominance to one based on difference. If inequality is not clearly perceived as inequality because it appears to be merely the difference between men and women, then women must force the issue by making demands for change and a redistribution of power. Another perspective is that of the socialist feminists who focus on the role of the state in women's lives (Fox Piven 1972; Bethke Elshtain 1972). They address the issues of the "gender gap" and women's dependence on the state, which produces a sense of helplessness and subservience. The social feminists believe that the "main opportunities for women to exercise power in the United States today reside precisely in women's relationship to the government" (Fox Piven 1972, 12). Carole Pateman (1989) provides a liberal feminist perspective and accepts the opposition between the sexes Feminists tend to agree that a hierarchical patriarchy exists, and that changing power relationships is critical to overcoming oppression and subordination. The strategies 63

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employed by the various feminist groups are different, however. The radical feminists, for example, prefer to use the term "oppression" while the liberal feminists prefer the term "subordination." The radical feminists would have the power struggle resolved by taking power from men and giving it to women an exchange of positions. The liberal feminists believe in a more egalitarian strategy and would replace subordination with respectful agreement (Pateman 1989). "Marxist, radical and socialist feminists are critical of liberal feminists because they believe that women's liberation is unlikely within the context of patriarchal capitalism (Costa and Guthrie 1994, 240)." The Marxist feminists' focus is on criticizing capitalism, while radical feminists focus on the belief that all forms of oppression are rooted in the oppression of women, and socialist feminists hold the belief that women's oppression is rooted in both capitalism and male dominance. Although their perspectives may differ, all feminist theorists have some common beliefs and values. They believe that the United States has not yet achieved equality. Title IX compliance reinforces that belief. "[W]e still live in a patriarchal world that benefits men as a group more often than it does women" (Costa and Guthrie 1994, 251 ). The inequity experienced 64

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by women is based on unequal power relations, and feminists strive to understand and change these patterns. The way to accomplish these goals is to bring women's needs, values, and interests to the forefront. Title IX was conceived as a means to achieve these goals. The differential implementation and lack of full compliance with Title IX has kept women athletes from achieving gender equity in American society. According to Costa and Guthrie, ... feminists seek to understand and eliminate the oppression of women through theoretical development and practices directed toward social change (1994, 235)." The first wave of feminist movement in the United States emerged in the mid-19th century and resulted in the establishment of the first of the "Seven Sister" colleges, the suffrage movement in the 1850s, and culminated in the women's right to vote in the 1920s. "The second wave began in the late 1960s after the beginning of the civil rights movement [and] is most responsible for expanding women's current social and sporting opportunities (Costa and Guthrie 1994, 236). What Costa and Guthrie call the "Liberal Model" of feminism challenged sexism and emphasized the importance of applying liberal principles equally to women and men The liberal model's approach is to 65

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incorporate women into the mainstream and to make changes in private attitudes through public law and legal reform. The Title IX legislation came from the liberal feminist approach. Theories of Compliance This research study's primary target group is Division I athletic programs, as it seeks to uncover what factors influence their decision to comply. Given the importance of compliance in successful implementation of Title IX, it was essential to overlay a compliance-model lens on the policy-process framework As Rodgers and Bullock (1980) describe, behavioral compliance is generally related to individuals' assessment of the relative costs and benefits to their following legal directives. As Etzioni (1961) pointed out, "compliance rests principally on internalization of directives accepted as legitimate" (40). According to Etzioni, "realization of their goals requires positive and intense commitments of ... participants to the organization" (82). In examining Title IX and its 27 -year history, it was clear that differential implementation by the target group, college athletic programs, was influenced by a 66

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number of factors including incentives to comply and sanctions for non compliance. According to Rodgers and Bullock (1980), the decision to comply is a function of the probability that noncompliance will be detected and successfully prosecuted; the sanctions available to penalize noncompliance; target group attitudes concerning the fundamental legitimacy of the rules; and the costs to target groups of compliance. These factors provided direction for this study pertaining to issues influencing compliance. There were factors in Rodgers and Bullock's study that were valuable in exploring the issue of compliance (see the discussion in Chapter 2, pages 39 40) but which were not included in the current survey due to their sensitivity and the difficulty in gathering the data. There were several ways that their study differed from the current study. Rodgers and Bullock's emphasis was on coercion as a means to achieve compliance with desegregation in the South. The current study only indirectly examined coercion as it relates to OCR complaints and legal actions. Historically, compliance with Title IX has tended to be primarily on a voluntary basis with only minimal penalties for 67

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noncompliance. No school to date has lost federal funding based on noncompliance of Title IX in college athletics. Rodgers and Bullock had access to high level officials in the school districts (school board members, superintendents, and principals) in contrast to the current study, which focused on the Senior Woman Admin i strators (SWAs) as the target group The SWA target group was selected based on their in-field expertise and knowledge of the Title IX compliance in their athletic programs. Although I considered soliciting responses from other, higher -level administrators, it seemed likely given the subject that the survey would have been passed on to the SWA for completion Rodgers and Bullock attempted to measure such target group factors as attitude, commitment, and law-abidingness Although these are also meaningful factors surrounding the issue of compliance with Title IX, using a survey instrument and telephone interviews to directly gather data about these factors is difficult. In addition, inclusion of such factors might well have been prohibited by the University of Colorado at Denver's Human-Subjects Research Committee. These factors are sensitive and are best gathered through on-site in-depth interviews within the social 68

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context. The ability of the current study to gather information within the social context of individual schools was both time and cost prohibitive. However, during the telephone interview process the factors of attitude and commitment were raised by most of the respondents. The issue of law-abidingness was only indirectly discussed. Development of Explanatory Models What factors influence an athletic program's level of compliance with Title IX? The overall theoretical framework was based on policy implementation theory, feminist theory and compliance theory To understand the internal and external factors that affect compliance, it is necessary to begin by discussing how to measure compliance, the dependent variables. The Dependent Variables The two measures of compliance that have received the most attention in the literature and from all three branches of the federal government are substantial proportionality of participation rates and exact proportionality of financial aid. The definition of compliance used in this 69

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study came directly from the OCR's definitions. Fortunately, the OCR's interpretation of Title IX in conjunction with various legal decisions made it relatively easy to calculate these measures of compliance and to explore them as the dependent variables in this study. It is, however, important to realize that Title IX uses a three-pronged approach to measure compliance. An institution is required to achieve only one of the three measures of compliance in the area of effective accommodation: (1) substantial proportionality, (2) history of expansion, or (3) interests and abilities. One of the questions on the self-administered written survey specifically asked which of the three measures of compliance the institution uses. Only a portion of the schools identified substantial proportionality as their measure of compliance. Given the ease of measuring compliance utilizing substantial proportionality and exact proportionality of financial aid, these two measures were both used as the dependent variables in developing the compliance models. For reasons discussed in Chapter 5, however, substantial proportionality became the primary dependent variable It is helpful to understand how each of the dependent variables is measured. To measure substantial proportionality of participation, the 70

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percentage of female undergraduates is compared to the percentage of female athletes A school is in compliance with substantial proportionality if the percentage of female athletes is within five points of the percent of female undergraduates. For example, if fifty percent of the undergraduates are women, then a school is in compliance if at.least forty five percent of its athletes are women In order to achieve exact proportionality of financial aid, the calculation focuses just on athletes. If sixty percent of the athletes are men and forty percent are women then the amount of financial aid must be divided using a 60:40 ratio of total dollars, male athletic scholarships to female athletic scholarships. Since 1998 when the OCR filed complaints against 25 athletic programs, the definition of compliance has become stricter requiring that any discrepancy between aid to men and women athletes be no more one percentage point. The importance of equity in participation and financial aid is the essence of "substantial proportionality" and "exact proportionality of financial aid" as measures of Title IX compliance. Drawing from the gender planning-and-development literature, Caroline Moser's model of policy approaches considered the goals of women ( 1993, 56-57). Moser 71

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analyzed welfare, equity, anti-poverty, efficiency and empowerment (Staudt 1998, 182) The purpose of three of these approaches (equity, efficiency, and empowerment) reflect what is required to achieve compliance with Title IX: equity active participation; efficiency equity in economic participation; and empowerment-self-reliance and self-determination. This model reinforced the importance of participation and financial aid parity as crucial measures of compliance "Broader participation by women is likely to change the use and allocation of resources in society'' (Kardam 1998, 55). Historically, substantial proportionality has been used as the primary measure of compliance. "Not all advocates of gender equity view proportionality as the best standard for judging a university's treatment of its female athletes" (Naughton 1997, A39). However, substantial proportionality has been the 'safe harbor' for institutions both administratively and judicially, and for the purpose of this study it was assumed to be a relevant and appropriate measure of compliance. Increasingly, however, there has been an emphasis on achieving financial aid parity between female and male athletes, and recent controversies center on whether female athletes receive a fair share of 72

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scholarships. NCAA's scholarship limits make it extremely difficult for institutions to meet both requirements simultaneously. Each sport is designated a specified number of scholarships with football having 85 scholarships To balance that large number of football scholarships with comparable women's sports scholarships is a challenge difficult for many schools to overcome. According to Richard Sheehan, Professor of Finance at Notre Dame, "Is it possible to comply with both? Or is it conceivable that being in compliance with one means you couldn't be in compliance with the other?" (Naughton and 1998, A45). Given this concern, it was relevant not only to utilize exact proportionality for financial aid as a dependent variable, but also to determine whether the two compliance measures interact in a manner that makes it more difficult for colleges to comply with Title IX. The Independent Variables The next step in developing the explanatory models was to identify the independent variables, the internal and external factors that were affecting compliance with Title IX. A review of the literature and the formulation of a theoretical framework of compliance and noncompliance 73

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provided a collection of factors that are evaluated as part of this research study. Those factors are described more specifically in this section. The internal and external factors can be divided to form major categoriespeople (or groups), funding, and actions. A more detailed description of each category contributes to an understanding of why these factors were included in this study. Based on Rodgers and Bullock's (1976) compliance model, it is clear that there are people or groups, key decision makers, who affect each university or college's commitment to Title IX compliance and who prioritize and allocate resources that influence the athletic program's level of compliance. Internal actors obviously include the university president, the athletic director, the senior woman administrator, coaches, and athletes External actors include the federal and state legislatures, the athletic conference, the OCR, the courts, former students, the booster club, and the media. Ingram and Mann (1980) indicate that the media is a factor that is likely to facilitate or hinder compliance. Positive or negative media coverage concerning Title IX compliance and/or legal actions may affect the level of support provided by the legislature and the general public. The Title IX Compliance Factors Scale, which is the last section of 74

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the survey instrument, addresses some of these factors. A copy of the survey is located in Appendix A Funding is discussed repeatedly in the literature by the courts (1993 decisions) and the OCR (Policy Interpretation and EADA report). As Weistart (1995) indicates, limited resources create a gender-based debate over the allocation of funds. Ingram and Mann ( 1980) identified financial resources as a factor that may facilitate or hinder compliance. The internal factors in this category include the athletic budget and resource allocation and financial aid by gender. Revenue generation is another important internal factor that will be discussed in more detail in reference to the factors pertaining to football. The factor of whether an institution is public or private is included since schools in each sector are characteristically different in their sources and amount of revenue. From the inception of the statute (the Tower Amendment) and throughout its history, the issue of how to deal with revenue-producing sports has been a major debate (Harris 1994; Lopiano 1994; Pieronek 1994; Ferrier 1995). Efforts and strategies to exempt revenue-producing sports, especially football, from Title IX, have been unsuccessful. The revenue-producing sports are seen as the means to support all athletic 75

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programs, including women's sports. Football has been the focus of attention and both football profitability and win-loss record are internal factors examined in this study In the category of "actions" are a number of internal factors-such strategies as adding to the number of women's teams and/or reducing the number of men's teams. The issue of using these strategies to achieve compliance with Title IX has been raised in several 1993 court decisions discussed in the historical context section. Under Title IX, a constrained budget is not an acceptable excuse for cutting women's teams, but it is acceptable as a reason to reduce the number of men's teams. Since there has been legal precedent for redistributing the number of athletic teams by gender, it seems appropriate to consider these actions in developing the explanatory models. 76

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Figure 3.1 Internal and External Factors in Relation to Compliance 0 d tv bl epen en ana es 0 r escnp1ron Predicted Direction of Correlation 0 t s a a ource Substantial Proportionality Proportion of female athletes to proportion Negative to other Dependent jTitle IX compliance Factors Survey of female undergraduates !variable land EADA Report Exact Proportionality Proportion of female athletes to their Negative to other Dependent fritie IX compliance Factors Survey Financial Aid Qroportlon of financial aid !variable land EADA Re_p_ort n epen en ana I d d tV bl es Division 1 NCAA Division 1-A, 1-AA and 1-AAA Positive fritle IX compliance Factors Survey land EADA Report District Eight NCAA Districts based on Region of Zero NCAA Website he Country !Total Undergraduate Population Higher Number of Undergraduates Negative [Title IX compliance Factors Survey land EADA Report !Total Female Undergraduates Higher Number of Female Undergraduates Negative jrltle IX compliance Factors Survey land EADA Report f.thletic Program Budget Higher Athletic Budget Positive jritle IX comP.Iiance Factors Survey and EADA Report Program Revenue Higher Athletic Revenue Positive Title IX compliance Factors Survey and EADA Report Football Team Profitability 2 Higher Profitability of Football Program Negative Title IX compliance Factors Survey and EADA Report Football Expenses Higher Foot ball Budget Negative Title IX compliance Factors Survey and EADA Report Football Revenue Higher Football Revenue Positive Title IX compliance Factors Survey and EADA Report INin-Loss Record Higher Football Win-Loss Record Positive Title IX Compliance Factors survey Gender of University President 3 Female President Positive [Title IX Compliance Factors Survey Gender of Athletic Director Female Athletic Director Positive fritle IX Compliance Factors Survey Public or Private Institution Public versus Private Institution Zero [Title IX Compliance Factors Survey OCR Complaints Complaints from Regulatory AgencyPositive [Title IX Compliance Factors Department of Education OCR Survey Legal Actions Legal Actions Positive Title IX Compliance Factors Survey

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In reviewing and compiling the data, it became clear that developing more than one model was necessary. Figure 3.1 shows the list of dependent and independent variables used to develop some of the explanatory models in this study. The figure includes the name and description of each variable, the predicted direction of correlation with the dependent variables, and the data source. It is interesting to note that the dependent variables, the measures of compliance, were predicted to have a negative correlation to each other. Therefore, it was necessary to analyze and confirm their relationship prior to developing the explanatory models and in turn focus on one dependent variable. The models themselves are described in Chapter 5, Results. There are several compelling reasons to develop multiple models of compliance due to response rate on particular data elements. First, all of the schools in the study responded to questions pertaining to the dependent variables and independent variables in section 1 of Figure 3 .1. The applicable variables are listed and are included in model 1. Most of those schools provided information for all of the variables. For schools in Division 1-AAA that do not sponsor a NCAA football team, none of the football related independent variables apply The applicable variables 78

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are listed in section 2 of the independent variables and are the basis for model 2, which includes all schools that sponsor Division I football. Although the independent variable "win-loss record" is included under model 2, only schools that completed the survey provided information on this factor. Section 3 in Figure 3 1 includes the independent variables on the survey that only a portion of the respondents completed. These independent variables are the basis of model 3. Finally, there is model 4, which is not shown in Figure 3.1 The variables that were included in the Title IX Compliance Factors Scale became the basis of Model4; only a portion of the schools that responded to the survey completed the rating scale. Using the preceding list of independent and dependent variables, this research study will test the following hypotheses: H1 : There is a negative correlation between the two measures of compliance (as suggested by Sheehan [quoted in Naughton 1998, A45]). H2 : There is a correlation between specific internal factors and the degree of compliance of Title IX (factors and predicted directions of correlation are given in Figure 3.1 ). H3: There is a correlation between specific external factors and the degree of compliance of Title IX (factors and predicted directions of correlation are given in Figure 3. 1 ). 79

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Chapter 5 presents more details concerning the development of the explanatory models. 80

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CHAPTER4 METHODS The 27 -year implementation history of Title IX was used as the foundation of this study; however, its data are gathered primarily from the most current year available (1998-1999). The study included 305 NCAA Division I schools (1-A, 1-AA, and 1-AAA) covering all the athletic conferences and regions of the country. The study had two major phases: ( 1) quantitative methods, including statistical analysis of data from a self administered written survey and secondary data (EADA Reports and a May 1999 study performed by The Chronicle on Higher Education) and, (2) qualitative methods, including telephone interviews for a select number of institutions. This chapter describes in detail the methods utilized for the collection of data and the analysis of results. Selection of Subjects Three hundred five NCAA Division I schools were contacted to participate in this study. Division I was the focus because there has been an ongoing debate throughout the implementation of Title IX as to whether football should be included in the calculation to measure compliance. 81

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There has been a significant amount of discussion and controversy about the big football powerhouses and their revenue generation. Some believe the funds generated by football should be used to help support other nonrevenue-producing sports, including women's sports. Others believe that football revenue should support the endeavor of making football more profitable and competitive and therefore should be exempted from Title IX (Harris 1994 ; Pieronek 1994; Lopiano 1994; Ferrier 1995). For that reason, this study focused on Division I since that is where the big football powerhouses are found primarily in Division 1-A and Division 1-AA. It is important to note that this study attempted to include a census, not a sample, of all Division I schools. The process of identifying Division I universities and colleges in order to solicit participation in the study included obtaining a directory of the names, addresses, phone numbers of individuals in each athletic program Through the advice of an in-field expert, The 1998-99 National Directory of College Athletics was obtained and used as the most current, concise and comprehensive resource available for this research study. Given that most athletic programs have a number of administrators, it was necessary to select respondents from one participant group across 82

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all institutions. The Senior Woman Administrator (SWA) or the Title IX Compliance Coordinator became the focus of the study in order to develop consistency across schools. The Senior Woman Administrator (SWA) is the highest-level woman administrator in the athletic department (other than the Athletic Director when a woman holds that position). Although the decision to target SWAs primarily provided a single-gender perspective, it also provided information and insights from an individual in each institution who had a high level of knowledge about the subject of Title IX, access to relevant data, and a vested interest in participating in the study. The other participant groups that were considered included the university president and the athletic director. Both of these groups were not used for two major reasons. First, as key decision makers, their attention is given to the very broad, high-level issues; prioritization and allocation of funds, for details of Title IX compliance, they would likely rely on staff work. Second, in a university environment, surveys tend to be delegated to others. It made sense to write directly to the SWA, who was likely to be given the task of completing the survey by the university president or athletic director. 83

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Survey Instrument The process of identifying factors that influence compliance with Title IX required gathering a large number of data elements. Much of the demographic data was available in various formats from multiple sources. Since it was necessary to gather a large amount of information about each of the 305 schools, however a survey seemed to be the best approach Standardized self-administered written surveys are best suited for collecting a large amount of information as well as basic demographic characteristics of populations (Babbie 1995, 273). The development of the survey included the identification of the key factors discussed in the literature, a review of the items in the 1997-1998 EADA report, and inputfrom an in-field expert. The survey was divided into two major sections. The first gathered data about the college and its athletic program A portion of the demographic data related directly to the measures of compliance ; and the rest was used to assist in determining the factors that influenced compliance (i.e. budgets, teams, and complaints). Some of these questions were adapted from the EADA report format and others were included to gather additional demographic data that could be obtained directly from each school. 84

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The second section of the survey, the Title IX Compliance Factors Scale, was an effort to gather data from the participants about their assessment of key factors. Using a Likert rating scale the participants rated the importance of key factors influencing compliance at their institutions Using a Likert scale as a measurement technique provided standardized response categories for ease of analysis. The factors in the scale were developed as a result of a review of the literature and theoretical works. The major categories included internal and external factors pertaining to people and groups funding, actions, and a miscellaneous category. In developing the survey instrument the EADA report was utilized as a guide to format some of the demographic questions, since the familiarity of the questions' format would make it easy for the respondents to complete the survey. As part of the survey preparation process, an in field expert was consulted and provided feedback as to the content and format of the survey. Modifications were made to enhance clarity and ensure that all questions were applicable to the participant group. The survey was checked for clarity of statements by individuals with little familiarity of Title IX or athletic programs. All comments were considered 85

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and appropriate changes were made. During the survey administration process, additional modifications were made to the survey instrument. These will be discussed in more detail in the next section Copies of survey instruments are attached in Appendix A. Administration of the Survey In order to enhance the response rate, the following process was established. First, a letter of introduction from the Chair of my dissertation committee was sent to the Senior Woman Administrator or Title IX Compliance Coordinator of each Division I institution. This was intended to prepare participants for the arrival of the survey and to encourage them to fill out the survey in a timely manner. At this point in the process, two of the 305 institutions responded in writing and indicated that they would not participate in the study. The two schools were both private schools and in spite of repeated efforts to obtain information about their programs, they did not choose to participate. Approximately three weeks after the letters of introduction were sent, the surveys were mailed to the subjects minus the two schools who 86

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declined to participate. The survey packet included a cover letter, the survey, the consent form, and a self-addressed stamped return envelope. Prior to sending out a follow-up letter, feedback received from some of the respondents made it clear that changes to the survey process would be necessary in order to enhance the return rate. Some of the schools had sent a copy of their 1998-99 EADA report and only answered the questions not covered in the report. At this point, requesting that participants send their 1998-99 EADA report and only answer the questions not covered by the report seemed to be the best approach. A follow-up letter was sent to institutions that had not already responded approximately five weeks after the initial survey was mailed. Also, a letter requesting a copy of their 1998-99 EADA report was sent to the schools who had declined to participate after receiving the letter of introduction and/or the survey. This was done in an effort to at minimum receive demographic information even from those schools that had declined to participate in the full survey. Approximately five weeks after the follow-up letter was sent, the overall response rate was 19 percent. Further modifications were made to 87

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simplify the survey instrument, and an additional mailing to institutions that had not yet responded was done The changes to the survey involved three areas. First, the instrument was condensed and any questions that could be taken directly from the school's 1998-1999 EADA report were eliminated from it. Second an explicitly formal request was made for a copy of the school's 1998-1999 EADA report. Under the Equity in Athletics Disclosure Act schools are required to release this information to members of the public when a formal request is made. Finally, in previous mailings, documents were addressed to the Senior Woman Administrator and not to a specific individual by name. This was done because the most current directory available covered the prior school year and some changes were likely concerning the person in the role of Senior Woman Administrator. The third wave of the survey and the formal request for the 1998-1999 EADA report were addressed to the individuals listed in the directory. Over a period of four weeks, the survey response rate increased to 49 percent, with the study's final response rate being 51 percent. Approximately one third of the third-wave respondents sent only the EADA report and did not complete the survey instrument. The EADA report, however, provided 88

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valuable demographic data that was utilized in the statistical analysis phase of this study Phase One Statistical Analysis The first phase was a statistical analysis evaluating the independent variables (internal and external factors) and their relationship to the dependent variables (compliance). Both substantial proportionality (participation rates) and exact proportionality (for financial aid parity) were used as the dependent variables The interaction between the measures of compliance was also examined to evaluate its effect on compliance. The compliance measures have an inverse relationship to each other. If a school complies with one, they tend to not comply with the other. Details of the statistical analysis will be discussed in the next chapter. Phase Two-Telephone Interviews Since only 9 schools (6 percent of respondents), are in full compliance on both measures of compliance, and only 21.2 percent are in compliance with substantial proportionality, one of the ways to explore the question of what factors influence a school's level of compliance was to 89

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examine some of these special cases -of both compliance and of noncompliance-using a qualitative approach. Therefore, the second phase of this study utilized an interview process. Thirty-minute telephone interviews were performed using semi-structured questions. Seven institutions were selected to participate in the interview process. A quota sample was used to determine which institutions would participate in this phase of the study. The selected schools met the following criteria: (1) a willingness to participate in a 30-minute telephone interview as indicated by their response on the survey, (2) completion of the Title IX Compliance Factors Scale using the 1-5 rating scale, and (3) completion of the demographic data either in the original survey format or through their EADA report. Using a quota sample provided a crosssection of the respondents. The institutions selected represented all three divisions, a variety of regions of the country, and various levels of compliance (full compliance near the mean compared to all schools, and at the extreme of noncompliance) Although no special-case schools with an extremely low percentage of female undergraduates (e.g., the military service academies) were selected as a result of the quota sample, their absence is not problematic, since their ability to easily be in full 90

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compliance with substantial proportionality would have made their responses uninformative. A key individual (usually the SWA), at the selected colleges was asked questions about what factors influenced her institution's compliance level and to what degree. The questions were developed to provide a better understanding of specific factors that influence their school's level of compliance with Title IX. In addition to a standard list of questions, institution-specific questions were developed to cover any general and notations listed in "other." A copy of the standard interview questions is attached in Appendix B. The qualitative approach provided data in a natural setting which could not readily be converted to numerical values but provided perceptual and attitudinal dimensions and real life events (Yin 1993, 57; Marshall and Rossman 1995, 4). The purpose of the second phase of the study was to gain further insights into why certain institutions complied with Title IX in spite of factors that were an impediment to other institutions, and why other institutions did not comply and what factors influenced their level of noncompliance. A more detailed description of these interviews will be discussed in Chapter 5. 91

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CHAPTERS RESULTS The Title IX Compliance Factors Survey and Scale and EADA Report were used to answer the research questions what is the relationship between the two measures of compliance? and what are the internal and external factors that influence compliance with Title IX? The telephone interviews provided additional insights into why institutions do or do not comply with Title IX. This chapter is divided into five major sections -descriptive information on the respondents, analysis of compliance measures, analysis of internal and external factors, the explanatory models, and results of the interviews. The first few sections of this chapter provide an overview of the survey results. Descriptiye Information on the Respondents Surveys were sent to 305 NCAA Division I institutions representing Divisions 1-A, 1-AA and 1-AAA and the 8 NCAA districts (regions). Information on divisions and districts were obtained from The 1998-99 National Directory of College Athletics directory and the NCAA website. Table 5.1 describes the population and respondents by division. 92

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Table 5.1 Response Rate by Division Division Surveys Sent Response Rate 1-A 119 70% 1-AA 113 39% 1-AAA 65 43% Unspecified* 8 0% Total 305 51% ... *Schools whose DIVISion des1gnat10n was e1ther not available or varied by sport. Division 1-A had the best response rate, at 70 percent. Division 1-AA and Division 1-AAA response rates were 39 percent and 43 percent, respectively. Given the significantly higher response rate of Division 1-A schools, a question was included in the interview process to gain insight into why this was occurring. According to those interviewed, there were two reasons for Division 1-A's higher response rate. First, these schools have more resources, including more staff, to produce the requisite data in response to public queries. Second, they are in the spotlight and therefore face queries more often and have more to lose by 93

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appearing to have "something to hide." Overall, a total of 155 institutions responded to the survey, for a response rate of 51 percent. The district designation (based on NCAA districts) was used to provide a sense of region of the country and to determine whether Title IX compliance varies regionally. Table 5.2 describes the survey population and response rate based on district. The response rates by district range from 33 percent in District 2 (Delaware, New Jersey, New York, Pennsylvania, and West Virginia) to 72 percent in District 7 (Arizona, Colorado, Idaho, Montana Utah and Wyoming) The large variance in response rate by district raises questions about whether there are regional/cultural issues influencing Division I schools and NCAA districts, but these questions cannot be answered using the data gathered in this research. 94

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Table 5.2 Response Rate by NCAA District District States Surveys Surveys Response Sent Received Rate 1 CT, ME, MA, NH, 19 9 47% RI,VT 2 DE, NJ, NY, PA, 45 .15 33% wv 3 AL, DC, FL, GA, 106 50 47% KY, LA, MD, MS, NC,SC,TN,VA 4 IL, IN, Ml, MN, OH, 44 28 64% WI 5 lA, KS, MO, NE, 17 11 65% ND,OK,SD 6 AR, NM, TX 24 11 46% 7 AZ, CO, ID, MT, 18 13 72% UT,WY 8 CA, HI, NV, OR, 32 18 56% WA Total -305 155 51% The respondents can be described in two major categories: ( 1) respondents who completed the rating scale and provided demographic data (either on the written survey or in their EADA report), or (2) respondents who sent only their EADA report. Approximately 67 percent of the respondents provided both demographic information and completed the rating scale, while 33 percent returned only the EADA 95

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report. Overall, 49 percent of those surveyed did not respond, in spite of the fact that institutions are required by Jaw to send their EADA report to anyone who requests it. This lack of response again raises the issue of why institutions do not comply with the Jaw, in this case the Equity in Athletics Disclosure Act. Is the level of enforcement an important factor influencing compliance? Does the specific OCR regional office make a difference? A brief examination of these questions indicates that there are variations in the percent of compliance based on OCR region. Region 8 (AZ, CO, MT, NM, ND, SD, UT, WY) and Region 9 (CA) have the highest percentage of colleges that comply (36.4 and 55.6 percent, respectively). Region 6 (AR, LA, OK, TX) has the lowest percentage of colleges that comply (6.3 percent) with all other regions ranging from 11 percent to 22.7 percent. Although this is an interesting finding that requires further investigation, enforcement is not directly addressed within the scope of this research study. Tables 5.3 and 5.4 provide descriptive statistics about the Division I colleges that participated in the study. Some of the data are included as a reference for future studies. The data that are useful in developing the models are included in the following discussion. Table 5.3 describes the 96

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interval variables and Table 5.4 describes the ordinal variables and percent of compliance. Table 5.3 Characteristics of Study Sample Interval Independent Variables Independent N Median Mean Standard Minimum Maximum Variables Deviation Undergraduates 149 9641 11,226 7514 1251 37,203 -Female Students 149 5491 5853 3841 49 18,689 Female Athletes 152 185 195 78 25 429 Athletic Budget ($) 148 8,522,426 12,933,582 10,691,397 527,366 56,204,679 Athletic Revenue ($) 151 7,148,986 12,595,674 11,191,497 120,000 56,112,081 Football Profitability($) 118 1,674,297 12,783,618 23,764,455 -1,818,192 66,509,193 Football Expenses($) 120 2,670,227 3,821,577 3,165,389 192,141 17,138,582 Football Revenue ($) 121 2,799,735 5,849,450 6,698,300 12,863 29,669,188 .. Note: Although the standard dev1at1on for football profitability 1s quite large, 16.1 percent of the football programs have profits over $64 million. The undergraduate population's mean is 11 ,266 and the female students' mean is 5853. The mean for female athletes is 195. The total number of female athletes was not used as an independent variable in the explanatory models because, by definition, it was too closely related to the compliance measure. The median athletic budget is approximately $8.5 97

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million and the median athletic revenue is approximately $7.2 million. For those schools that have football programs, football profitability's median is approximately $1.7 million, football expenses' median is approximately $2.7 million, and football revenue's median is approximately $2.8 million. Table 5.4 Characteristics of Study Sample Ordinal Independent Variables and Percent of Compliance Independent Variables N Sum Percent Comply Percent of that Variable Comply Female President 109 14 12.8% 4 28.6% Male President 95 87 2% 21 22. 1% Female Athletic Director 108 10 9.3% 3 30 0% Male Athletic Director 98 90.7% 20 20.4% Public 110 80 72.7% 20 25. 0% Private 30 27.3% 4 13 3% OCR Complaint 107 30 20.0% 9 30.0% No OCR Complaint 77 80.0% 14 18.2% Legal Action 106 13 12.3% 4 30. 8% No Legal Action 93 87.7% 18 19.4% To better understand the ordinal variables such as the number of female presidents, athletic directors, public institutions and the number of schools that have received OCR complaints and/or legal actions against them, the percent of compliance is also included. Table 5.4 presents the number of cases and sum of each characteristic (e.g. female presidents and male presidents) and the number and percentage of schools that 98

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comply with substantial proportionality. The substantial proportionality rather than exact proportionality is used because measuring participation opportunities seems to be more consistent with the intent of Title IX. Further discussion of this is included in the next section. For schools with female presidents, 28.6 percent comply, while of schools with male presidents, only 22.1 percent comply. For schools with female athletic directors, 30 percent comply, while for schools with male athletic directors only 20.4 percent comply. For public sector schools, 25 percent comply, while of private sector schools only 13.3 percent comply. For schools that have received an OCR complaint, 30 percent comply, while of those that have not received a complaint, only 18.2 percent comply. For schools that have had a legal action, 30.8 percent comply; while of those that have not had a legal action, only 19.4 percent comply. These descriptive data characterize the study's. respondent group. Although these factors were not available for all institutions, evidence discussed in the next section suggests that the study sample generally reflects the entire Division I population. 99

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Analysis of Compliance Factors The two variables used to measure compliance with Title IX were drawn directly from the OCR and the courts substantial proportionality (participation rate) and exact proportionality of financial aid. Traditionally, the best means to measure compliance has been substantial proportionality. It has only been since 1997 that there has been an emphasis on exact proportionality based on the National Women's Law Center's allegations that 25 schools were providing female athletes with a disproportionately small amount of sports related financial aid These measures of compliance were examined for use as the dependent variables of this study. Table 5.5 p t fC ercen o r omp11anceP t4Y as ears Compliance 1995-96 1996-97 1997-98 1998-99 1998-99 Measures This Study Substantial 9% 12% 14% 21. 2% 21. 2% Proportionality Exact 5.4% 16% 17 2% 16% Proportionality Sources: 1995-96 Gender Equity Study 1996-97 The Chronicle of Higher Education 1997-98 The Chronicle of Higher Education 1998-99 The Chronicle of Higher Education 1998-99 This Research Study (51% response) 100

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Table 5.5 presents the percent of compliance for substantial proportionality and exact proportionality over the past 4 years. There are two things that need to be mentioned about this table. First, based on the findings from the Chronicle's studies and the current study, there has been an increase of 7.2 percent in substantial proportionality during the past year. Compared to prior years this demonstrates a higher percent of increase in a one-year period. Second, for both measures of compliance, this research study's findings for 1998 1999 data are consistent with the findings in the Chronicle's study (98.1 percent response rate). Although there was only a 51 percent response rate, this study's findings appear to be representative of the overall Division I population. Figure 3.1 (see page 77) indicates that the relationship between the dependent variables was predicted to be negative. This prediction was based on the literature, which says that compliance with both substantial proportionality and exact proportionality of financial aid is extremely difficult to achieve (Naughton 1997, A39; 1998, A45). Only nine schools of the 144 respondents (6.3 percent) comply with both measures Pearson's correlation was used to address Hypothesis 1, that there is a negative correlation between the two measures of compliance. 101

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Table 5.6 c I f orre a 1on o fC r omp11ance M easures Descriptive Statistics Mean Std Deviation N Substantial Proportionality -10.78 7.76 151 98-99 Exact Proportionality 0 177 6.91 144 Pearson Correlation -0 .307** **Correlation is significant at the .01 level (1-tailed) Table 5.6 includes the results that show a negative correlation between the two dependent variables of -.307 Using a one-tailed test, correlation was significant at the .01 level. This finding means that even though there are two compliance measures, if a school is in compliance with one, it is likely not to be in compliance with the other. If an institution can be in compliance with exact proportionality (16 percent comply), but not provide participation opportunities for women (21.2 percent comply), then exact proportionality is not as meaningful as substantial proportionality in measuring compliance. By definition, substantial proportionality is calculated based on the proportion of female undergraduates. Exact proportionality is calculated based on the proportion of female athletes Therefore, an institution can have very few 102

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female athletes, but give them their proportionate amount of financial aid and be in compliance with exact proportionality At the same time, because the number of female athletes is so low the institution would be out of compliance with substantial proportionality. Of the two dependent variables, substantial proportionalityincreasing participation opportunities in college athletics is more in keeping with the intent of Title IX. Relying on the statistical analysis, the interview findings, and the literature, it became clear that in developing explanatory models, it was logical to focus on substantial proportionality as the primary compliance measure in testing the two remaining hypotheses Using the study sample, Table 5 7 presents the ranges of variation for substantial proportionality by level of compliance 103

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Table 5.7 Range of Variation of Compliance for Substantial Proportionality Range for Percent of Cumulative Substantial Schools Percent Proportionality + 11.70 to+ .1 0 4.6% 4.6% Compliance -.1 0 to5.0 16.6% 21.2% -5.1 to-9.9 25.2% 25.2% Noncompliance -10 to -14.9 28.5% 53.7% -15to-19.9 9 9% 63.6% -20 to-32.6 14.6% 78.2% The fact that 21.2 percent of the schools comply with Title IX has been described in Table 5.5. Table 5.7 provides some interesting findings about the schools that do not comply with Title IX. The ranges of substantial proportionality can roughly be divided into quartiles. The top 21.2 percent meet the minus 5 percent or better definition. For those schools not in compliance, 25.2 percent are within 5 percentage points of compliance. Another 28.5 percent are within 10 percentage points of compliance. And the remaining 24.5 percent (9.9 + 14.6 percent) range from minus 15 to minus 32.6 percent and require significant effort to meet compliance based on substantial proportionality. Table 5.7 clearly 104

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demonstrates the variation of levels of compliance across Division I schools. Analysis of Internal and External Factors Hypotheses 2 and 3 were tested, using a combination of the variables listed in Figure 3.1, resulting in stepwise multiple regression models 1, 2 and 3 It was necessary to develop multiple models because of differences in the number of schools that responded to each variable. Model1 includes all programs (N=143), model2 includes the football programs (N=72), model 3 includes the schools that completed the (N=99), and model4 includes the schools that completed the rating scale (N=32) Stepwise regression was used to determine which independent variables were the best predictors of compliance. Hypotheses 2 and 3 relate to the internal and external factors that affect Title IX compliance as measured by substantial proportionality. Hypothesis 2 suggests a correlation between the specific internal factors identified in the models and the degree of compliance with Title IX. Hypothesis 3 suggests a correlation between the specific external factors 105

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identified in the models and the degree of compliance with Title IX. Model 4 used independent variables that were based on the rating scale. Since not all institutions completed all parts of the survey, different equations were used depending on the availability of data. Model 1 focused on all responding programs and included the following independent variables: division district, undergraduates, female undergraduates, athletic program budget, and athletic program revenue. Since division and district are made up of categories (Divisions 1-A, 1-AA, 1-AAA and 8 NCAA regional districts), it was necessary to develop dummy variables for the multiple regression analysis. 106

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Table 5.8 Correlation of Independent Variables with Substantial Proportionality Model1 Variables Substantial Model2 Variables Substantial Model3 Variables Substantial All Proportionality Football Proportionality Survey Proportionality Programs Programs Programs N=143 Substantial 1.000 N=72 Substantial 1 .000 N=95 Substantial 1.000 Proportionality Proportionality Proportionality Division 1-A .031 Division 1-A 157* Division 1-A 049 Division 1-AAA .135* District 3 -.334*** Division 1-AAA .123 District 2 .052 District 6 .270** District 3 -.215** District 3 -.114* District 8 260** District 6 -.316*** District 4 -.005 Undergraduates .196* District 8 .231** District 5 -.009 Athletic Budget .245** Undergraduates .125 District 6 -.217*** Athletic .267** Athletic Budget .143* Revenue District 7 114* Football .266** Athletic Revenue .156* Profitability District 8 .136* Football 257** President Gender 050 Revenue Undergraduates .113* Football .190* Gender Athletic .089 Expense Director Female .020 Win-Loss .215** Public/Private .030 Students Record Athletic Budget .131* OCR Complaint .081 Athletic 137* Legal Action .071 Revenue *p<.10, **p<0.05, ***p<0 .01

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Table 5.8 displays a series of correlation matrices for models 1, 2 and 3, which are generated from multiple regression analyses It includes the relationships between the independent variables and substantial proportionality as well as the relationships between the various independent variables. This table was included to provide a way to identify the correlation between variables, whether the relationship is positive or negative, and whether the relationships are significant and to what level. For example, in all of the models, district 6 (Texas, Arkansas and New Mexico) is negatively correlated with substantial proportionality at a 05 level of significance. Given that the goal was to develop explanatory models, providing this correlation matrix was another way to explain relationships between variables 108

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Model1 N=143 Stepwise Method Substantial Proportionality District 6 Athletic Revenue Division 1-AAA District 3 Division 1-A District 8 District 2 District 4 District 5 District 7 Undergraduates Female Students Athletic Budget Table 5.9 Model 1 All Programs Adjusted R Square .118 Beta -.269 .259 .207 -.180 -.127 .063 .010 -.114 -.090 .087 .046 -.106 -.082 District 6, Athletic Revenue, Division 1-AAA, Distnct 3 Predictors of Substantial Proportionality Sig .. <.001 .001 .003 .015 028 .264 .446 .907 .178 .270 .292 .668 .295 .798 To gain more insight into which specific factors were having the strongest influence on the dependent variable compliance -a stepwise multiple regression model was used. Table 5.9 presents the results of the model1 -all programs and 11.8 percent of the variance in the dependent variable, substantial proportionality, can be accounted for by the predictor independent variables. Tests for collinearity indicate that the tolerance for all predictor variables is acceptable. The best predictors of compliance 109

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are district 6 (Texas, Arkansas, New Mexico), athletic revenue, Division 1AAA and district 3 (the Southern states); all are significant at the .05 level or better. Model 2 focused on the variables pertaining to schools with football teams. Given that Division 1-A schools have the powerhouse football teams, this independent variable was included in model 2. The districts 3 and 6 (the predictors in model 1) along with district 8 (the western states) are also included in this model. Finally, undergraduates, athletic budget, and athletic revenue are included in model 2 along with the four football variables (football profitability, football expenses, football revenue, and football win-loss record). 110

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i i !! Model2 N=72 Stepwise Method Substantial Proportionality District 3 Football Revenue District 6 Division 1-A District 8 Undergraduates Athletic Budget Athletic Revenue Football Profitability Football Expenses Win-Loss Record Table 5.10 Model2Football Programs Adjusted R Square .329 Beta -.500 .369 -.352 -.007 .120 .002 .031 .113 -.146 .105 .162 Sig. <.001 <.001 <.001 .001 .957 .828 .990 .882 .633 145 .554 .124 Drstnct 3, Football Revenue, Drstnct 6 Pred&ctors of Substanttal Proporttonahty Table 5.10 presents the results of the model 2 -football programs: 32.9 percent of the variance in the dependent variable, substantial proportionality, can be accounted for by the predictor independent variables. Tests for collinearity indicate that the tolerance for all predictor variables is acceptable. Table 5.10 shows that the best predictors of noncompliance are district 3 (southern states) and district 6 (Texas, Arkansas and New Mexico), while football revenue predicts compliance. All coefficients are significant at the .001 level or better. 111

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Model 3 focused on the variables pertaining to only those schools that actually completed the survey. Divisions 1-A and 1-AAA, districts 3, 6 and 8, athletic budget and revenue, and undergraduates were used in model 3 along the survey variables (president's gender, athletic director's gender, public/private, OCR complaints, and legal actions), and a stepwise multiple regression was performed. Model3 N=99 Stepwise Method Substantial Proportionality District 6 District 3 Athletic Revenue Division 1-A Division 1-AAA District 8 Undergraduates Athletic Budget President's Gender Athletic Director's Gender Public Sector Institution OCR Complaint Legal Action Table 5.11 Model 3 Survey Programs Adjusted R Square .194 Beta -.381 -.328 .205 029 190 123 019 .061 026 030 039 .044 .047 Sig. < .001 <.001 .001 .031 819 .055 .208 .871 .857 .783 .759 .682 .636 .614 District 6, District 3, Athletic Revenue Predictors of Substantial Proportionality 112

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Table 5.11 presents the results for model 3 -survey programs: 19.4 percent of the variance in the dependent variable, substantial proportionality, can be accounted for by the predictor independent variables. Tests for collinearity indicate that the tolerance for all predictor variables is acceptable. Table 5.11 shows that the best predictors of noncompliance are district 6 (Texas, Arkansas and New Mexico) and district 3 (the Southern states), with athletic revenue predicting compliance (significant at the <.001, .001, and .05 levels, respectively). Table 5.12 presents descriptive statistics pertaining to the rating scale variables (the Title IX Compliance Factors Scale is section 4 of the survey located in Appendix A). The table includes the mean, standard deviation, correlation and significance. This table was used to identify the variables for model 4. Overall the internal factors are rated higher than the external factors. six highest means (rated 4 or higher) include increasing the number of women's teams, the athletic director, athletic budget, increasing women's sports budget, the SWA, Federal legislation and the university president. There are only four independent variables that had a significant correlation with substantial proportionality increasing women's teams, SWA and legal action are positively correlated 113

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I (.291, .239 and 307 respectively) and football win-loss record is negatively correlated (-.289). Increasing women's teams is significant at the .001 level, both SWA and football win-loss record are significant at the OS level and legal action is significant at the.1 0 level. Those variables with a mean rating of 4 0 or higher and football win-loss record (significant at the <.OS level) were included in a stepwise multiple regression analysis Legal action was not used in model 4 because it reduced the number of cases to such an extent that the stepwise multiple regression analysis would not run. There is one concern about model 4 that was raised as a result of the interview process. It was discovered that one of the schools that was extremely out of compliance had rated the University President as extremely influential. When the SWA was asked to explain her response, she indicated that the university's president was influential in a negative way. To alleviate this concern in future research, information about both the magnitude and direction of each factor's influence must be gathered. Since these data are not available in this study based on a review of the top and bottom compliance quartiles of the data set, an assumption was made that most schools used a high rating to indicate positive influence 114

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Table 5 12 Rating Scale Independent Variables Std. Correlation Independent Variable N Mean Deviation with Substantial Significance Proportionality Increasing Women's Teams 81 4.59 .771 .291***. 009 Athletic Director 96 4.39 .851 .053 .616 Athletic Budget 83 4.23 .992 .008 .946 Increasing Women's Athletic Budget 90 4.14 .978 .070 .521 Senior Woman Administrator 92 4.14 .967 .239** .024 Federal Legislation 63 4 .14 1.25 .010 .942 President 92 4 .02 1.06 038 .721 Increasing Athletic Revenue 82 3.59 1 .21 041 .719 Board of Regents 78 3.08 1.35 .190 .101 Coaches 85 3.02 .951 .081 .466 Conference Plans and Goals 66 2.94 1.38 -.064 .620 OCR Complaint 45 2.89 1.77 .022 .887 Current Athletes 84 2 .68 1.11 101 .3 Legal Action 39 2 .31 1 .76 307* .065 Reducing Men's Athletic Budget 62 2.31 1.31 .072 .584 Media 59 2.15 1.23 .086 .524 State Legislation 43 2.14 1.47 .051 .751 Football Win-Loss Record 59 2.12 1.47 -.289** .028 Decreasing Men's Teams 58 2 .05 1.37 .000 f/J7 Men's Basketball WinLoss Record 70 1 .79 1.15 111 .363 Region 51 1.76 1 .16 .016 .915 Women's Basketball Win-Loss Record 70 1.60 .950 .005 .966 Former students 52 1.54 .830 -.001 .993 Booster Club 53 1.49 .850 -.073 .607 *p<0.10, **p<0.05, ***p<0.01 115

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Table 5.13 Model 4 Rating Scale Programs Model4 N=32 Stepwise Method Substantial Proportionality Athletic Budget Increasing Women's Teams Athletic Director Increasing Women's Athletic Budget Senior Woman Administrator Federal Legislation President Football Win-Loss Record Adjusted R Square .271 Athletic Budget, lncreasmg Women's Teams Predictors of Substantial Proportionality Beta .403 .361 .054 -.052 .068 -.057 .079 -.236 Sig .. .004 .014 .026 .747 .743 .693 .719 .618 .131 Table 5.13 presents the results for model 4 -rating scale: .271 percent of the variance in the dependent variable, substantial proportionality, can be accounted for by the predictor independent variables. Tests for collinearity indicate that the tolerance for all predictor variables is acceptable. Table 5.13 shows that the best predictors of compliance in model4 are athletic budget and increasing women's teams (both significant at the .051evel). These explanatory models confirm hypotheses 2 and 3. There is a correlation between specific internal factors and the degree of compliance with Title IX. And there is a correlation between specific external factors 116

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and the degree of compliance with Title IX. A review of the results of the interviews provides another perspective on the factors influencing compliance. Results of the Interviews Seven institutions were selected for the 30-minute telephone interviews. The selected institutions represented all three divisions (I-A, 1-AA and 1-AAA) and varying levels of compliance based on substantial proportionality (full compliance, compliance near the mean for the respondent group, and extremely out of compliance). Only those respondents who had completed the Title IX Compliance Factors Survey, including the Title IX Compliance Factors Scale, and who had provided demographic data either on the survey or by sending their EADA report, were included in the quota selection process. Although most of the regions of the country were represented, in a few there were no respondents who agreed to participate in the interviews and who also met the criteria for the sample. For the 155 institutions that responded by the conclusion of the data collection period, only 57 (37 percent) agreed to be interviewed. To complicate the selection 117

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process, a few of the schools that were chosen for the interviews did not respond, in spite of their expression of willingness and numerous efforts to contact them. In these cases, other schools were selected. The final breakdown of the quota sample ( 12 percent of those willing to be interviewed) consisted of the following: two Division 1-A institutions, three Division 1-AA institutions, and two Division 1-AAA institutions. The sample included two schools in full compliance, one school near compliance, two schools near the mean, and two schools extremely out of compliance. The interviews were conducted using semi-structured questions and focusing on specific responses that the participant had noted in her completed survey. A copy of the standard interview questions is located in Attachment 8 along with an outline offering examples of the types of specific survey responses that were used to invoke more in-depth explanations from those being interviewed. Since the interview process was completely confidential, no information will be provided that identifies a specific institution or participant. Several major themes became apparent during the interviews. They include: ( 1) the perception of participants regarding their schools' 118

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level of compliance, (2) the role of the University President in influencing compliance, (3) the importance of the athletic budget to compliance, (4) the importance of adding revenue, (5) the commitment to compliance as a key factor in achieving compliance, and (6) the effect of external factors It is important to note that in describing the survey results, some of the findings may be intuitively obvious. This is sometimes the case when using empirical data. However, the statistical analysis and interview themes are intended to provide a means to confirm what has been assumed and debated in the literature and in the field of Title IX compliance in college athletics. The first theme involves participants' perception of their schools' level of compliance. Those schools that were in compliance, near compliance or near the mean expressed a sense of progress toward Title IX compliance. One of the schools extremely out of compliance also expressed a sense of progress due to some recent actions the school had taken. All of the schools, even the ones in compliance, expressed the need to keep improving their programs. Only one school that was extremely out of compliance expressed deep frustration at not making progress toward that goal. This raises the question as to whether 119

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progress toward a goal, such as Title IX compliance, is perceived by some as achievement of that goal. The second theme concerns the role of the University President in influencing compliance. Virtually all of the schools indicated the same key actors as being influential. They consistently included people such as the President and the Athletic Director. To some degree the Board of Regents and Senior Woman Administrator were also mentioned. It was, however, clear that those interviewed felt that the support, direction and leadership of the President is a critical factor in the success of their institution's Title IX compliance Some of the comments made by individuals during the interviews were, "It really needs to come from the top" and "Although the athletic director might be supportive of doing a better job in terms of Title IX compliance, it really has to be the president that says, 'the university is making a commitment to this, and this is what we're going to do "' Another participant stated, "Obviously if the president is committed, they [athletic directors] are going to be committed The third theme concerns the importance of the athletic budget to compliance. This ties into the role of the President as the decision maker who sets priorities that affect budgetary decisions For compliance to 120

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occur, gender equity needs to be a priority in terms of budget initiatives. One participant indicated that adding a new sport costs $350,000. Others said they have explored the option of adding a high-number women's sport, possibly rowing, but that the strategy won't work unless the money is guaranteed and in addition to existing funds. Spending existing money on a new sport for women would, obviously, adversely affect current sports. But adding a high-number women's sport would help offset the number of male athletes on the football team It became clear during the interviews that the best way to maintain or progress toward compliance is to add more women's athletic teams, using new money, where there is student interest. The fourth theme is "the importance of adding revenue." In addition to funding through student fees and ticket sales, some schools have established specific fund-raising events. Revenue generatiC?n seems to be another strategy for several of the schools in order to both offset overall budget reductions and to be able to add more women's teams. The fifth theme in the interviews was that commitment to compliance is the key to achieving compliance The theme of attitude and commitment were mentioned in all the interviews. One of the participants 121

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indicated that "Basically it comes down to the president and the athletic director having that commitment and money." She summed it up well when she said "If you don't make the commitment [to compliance], you will never get it done, because you're always looking for the excuses of why you can't do it. .. It is just totally a question of attitude and commitment. Because if you have that commitment, you will get it done; there is no doubt about it." The sixth theme concerns the effect of external factors such as federal legislation, OCR complaints, and legal actions. What was curious about this area was that although federal legislation was ranked high by several of the participants, only the two schools in full compliance had gone through legal actions related to Title IX or gender discrimination. Although most of the schools emphasized the importance of internal factors over external factors, the two schools experiencing external enforcement were the only ones in compliance. Repeatedly, participants indicated that the reason to comply with Title IX is that "it is the right thing to do." Participants indicate they are not influenced by external factors such as lawsuits, but we can't be sure they are right, because the only schools in full compliance were ones that suffered lawsuits 122

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One participant contributed this perception regarding noncompliance: "Most institutions have thrown the dice, and they are just going to stonewall it as long as they can, and hope nobody files a lawsuit against them." There were other interesting findings from the interview process. One concerned the question whether the "requirement to report participation and financial information as a result of EADA has an influence on compliance." All participants indicated that it helped both internally (the institution's ability to manage their athletic program) and externally (to provide information to the public). One encouraging comment was "It is my prediction [that the requirement to provide information] is going to influence [compliance] even more greatly in the next five to ten years, because the Department of Education ... is going to put [compliance statistics] on the Internet. And with our younger generations computer-literate, they are going to be examining closely who is really committed to women and who isn't, and it is going to be really easy to see it." There was also an interesting finding concerning the two compliance measures. The two schools that are in compliance with 123

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substantial proportionality are not in compliance with exact proportionality of financial aid. And the inverse is true for the two schools that are extremely out of compliance with substantial proportionality; they are in compliance with financial aid exact proportionality. This confirms the literature and quantitative analysis that there is an inverse relationship between the two compliance measures. As a result of these initial survey findings, the following interview question was developed "Do you think it is possible for a school to be both in compliance with substantial proportionality and exact proportionality of financial aid, or is there an adverse relationship?" The responses to this question suggest that a school can be in compliance with exact proportionality but be out of compliance with substantial proportionality To use one respondent's pungent phrase, "[If] financial aid is the same as what the participation is, but your participation stinks," then a school is not doing what is intended by Title IX: Some of the schools indicated that participation and opportunities are a better way to measure compliance, since the question "isn't how many dollars you're spending, but what is the resource you're providing." Two participants felt strongly that a school can be in compliance with both substantial proportionality 124

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and exact proportionality. As described by one of them, "It is more than possible, no question about it, but [schools] have to drive up the participation opportunities, because your participation opportunities drive up your scholarship allocation." This remark suggests that although it is possible to be in compliance with both, substantial proportionality drives exact proportionality and not the reverse. This issue was addressed in the section on "Analysis of Compliance Factors" and these interview comments strengthen the decision to use substantial proportionality as the dependent variable (compliance measure) in developing the study models. The four models and the interview findings identify various factors that affect Title IX compliance Chapter 6 will discuss these results and their importance in answering the key questions of this research study. 125

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CHAPTER6 DISCUSSION AND CONCLUSIONS This chapter returns to the questions raised in Chapter 1 given that Title IX is Jaw and compliance is mandated, why do some organizations comply and others not and what factors influence their level of compliance? This chapter discusses the research study results, study limitations, implications for institutional efforts to achieve compliance with Title IX, consideration of the Title IX and compliance literature, and recommendations for future research. As appropriate, this discussion will incorporate information from the survey and interview results as well as from the literature to better understand the internal and external factors that influence compliance with Title IX. Overview of Significant Findings The research explored the factors that affect compliance with Title IX in Division I athletic programs As shown in the previous chapter, there are factors, both internal and external, that influence a school's level of compliance with Title IX. These conclusions are drawn from both the statistical analysis and the interview themes and findings. Figure 6.1 126

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includes the study's original predicted direction of correlation between the independent variables and compliance and the actual direction of correlation based on the study findings. It will be used as another element of the discussion on how those factors affect Title IX compliance. Using Figure 6.1 as a guide, each factor and the relevant study findings will be discussed. 127

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Figure 6.1 Internal and External Factors in Relation to Compliance Dependent v b aria les Description r ce rec on o orre a 1on P edl t d 01 tl f C I t' c ua rec on o orre a on A t I 01 II f C I II Substantial Proportionality Proportion of female athletes to proportion Negative to other Dependent Negative Qf female underQraduates : !variable Exact Proportionality Proportion of female athletes to their Negative to other Dependent Negative Financial Aid proportion of financial aid !Variable n epen en ana I d d tV bl es Division 1 NCAA Division 1-A, 1-AA and 1-AAA Positive Varies by division and model District Eight NCAA Districts based on Region of Zero Varies by district he Country irotal Undergraduate Population Higher Number of Undergraduates Negative Positive Female Undergraduates Higher Number of Female Undergraduates Negative Positive Athletic Program Budget Higher Athletic Budget Positive Positive Athletic Program Revenue Higher Athletic Revenue Positive Positive 0 Football Team Profitability 2 Higher Profitability of Football Program Negative Negative Football Expenses Higher Foot ball Budget Negative Positive Football Revenue Higher Football Revenue Positive Positive Record Higher Football Win-Loss Record Positive Positive Gender of University President 3 Female President Positive Positive Gender of Athletic Director Female Athletic Director Positive Positive Public or Private Institution Public versus Private Institution Zero Positive OCR Complaints Complaints from Regulatory AgencyPositive Positive Department of Education OCR Legal Actions Legal Actions Positive Positive

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Division as a Factor of Compliance The factor of division has been raised in the literature as well as during the interviews, providing support for the notion that division may affect compliance Although Figure 6.1 indicates that the predicted correlation direction would be positive, in fact, it varies by division and explanatory model. Based on the statistical analysis, in model 1 all programs (Table 5.7), Division 1-A has a negative correlation while Division 1-AAA has a positive correlation. When Division 1-A is used in model 2, which focuses on the football schools and in model 3, which focuses on the survey respondents, it has a positive correlation. There is an overall perception that the Division 1-A and 1-AA schools (which sponsor football teams) have more difficulty complying with Title IX and that Division 1-AAA schools are able to comply more easily since they do not have football programs. The findings in the model1 (Table 5.7) seem to support this opinion about Division 1-AAA schools As one of predictor variables of compliance, Division 1-AAA has a beta of .207 (p<.05) This indicates that being a Division 1-AAA school has a positive effect on a school's level of compliance with Title IX. 129

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District as a Factor of Compliance NCAA district, as a regional designation, is one of the variables that seem to have a significant effect on compliance, and yet in examining the rating scale findings in model4 (Table 5.9), the survey respondents rated region as only "slightly influential." In the multipJe regression models, membership in districts 3 (the southern states) and district 6 (Texas, Arkansas and New Mexico) are predictors of noncompliance. On the other hand, in the models' correlation matrices, being in district 8 (the western states) has a positive correlation with compliance. Given that there have been both legislation and legal actions in this district, this finding seems consistent with this outcome. Possibly districts 3 and 6 have "football cultures" that are not supportive of women's sports, while in district 8, compliance may be the effect not so much of culture as of legislation and legal action. For future studies, it is important to examine the regional differences based on OCR designations, which better incorporate the degree of enforcement. There may be compliance variations based on which regional OCR office has jurisdiction. 130

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Undergraduate Population as a Factor of Compliance Given the strong connection between total undergraduates and total female undergraduates for calculating substantial proportionality, only the number of undergraduates was used in all three of the multiple regression models, but in none of them was it a predictor of compliance. Based on Figure 6.1, both undergraduates and female undergraduates were predicted to have a negative correlation with compliance. In the statistical analysis, these two variables actually correlate with compliance in a positive direction. One reason why an increase in the number of undergraduates might have a positive correlation with compliance came from the interviews. All of the interview participants discussed funding sources and how important the amount allocated is to compliance with Title IX. When there are more undergraduates at a school, there is a larger amount of the total student fees allocated to the athletic program. Also, if there are more students at a school, there is the potential for more ticket sales at sporting events, which is another source of funding for athletic programs, including women's programs. Although an increase in the number of undergraduates may increase funding as the number of female students increases, unless there is an equivalent increase in the 131

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number of male students, then compliance becomes more difficult. There has been a rising national trend in the percent of female undergraduates (currently over 52 percent). A school that is already in compliance would have to add more female athletic opportunities as the percent of female undergraduates increases in order to remain in compliance with Title IX. Financial Resources as Factors of Compliance According to all elements of this study, athletic budget and athletic revenue are factors that have a positive effect on compliance. In the statistical analysis, both of these factors have significant correlation (p<.OS in model 2. Financial capacity and the ability to generate the funding to provide for an athletic program that complies with Title IX, while not being detrimental to other components of the athletic program, seems to be an intensely debated issue .Respondents to the rating scale as presented in Model 4 rated the financial factors (athletic budget and revenue) as "highly influential." The only exception was reducing the men's athletic budget as a means to reach compliance. The mean for this factor was 2.31, "slightly influential." Although reallocating existing funds has been an option used 132

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by some schools, those interviewed encourage the strategy of finding new funding sources to enhance their Title IX compliance. As one interview participant elaborated on the financial factors, "it's hard to get [to compliance] because of the cost." The study suggests that the capacity to increase women's athletic budgets including increasing teams (estimated at a cost of $350,000 per team by one of the interviewees)and to increase the overall athletic budget and revenue are crucial factors in achieving and maintaining Title IX compliance Football Variables as Factors of Compliance Since football has been a major issue in compliance of Title IX during its history, examining the football-related factors is extremely important. In the statistical analysis for model 2, which included only the schools that sponsor football teams, the correlation matrix indicates that football revenue and football expenses have significant positive correlation with compliance Consistent with Rishe's findings, football profitability has a negative effect on compliance (1999). In examining (in Figure 6 1) the variables in model 2 and the predicted direction of correlation, football profitability and expenses were predicted to have a negative correlation 133

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with compliance, and football revenue and win-loss record were predicted to have a positive correlation. The predicted direction of correlation was confirmed statistically for football profitability, football revenue, and win loss record. However, the analysis indicated that for football expenses the correlation with compliance is actually positive. There are positive correlations between football expenses and compliance .190 and .177 (with and without the win-loss record variable), indicating that as football expenses increase, there is an increase in the level of compliance. In attempting to explain this finding, a review of Rishe's 1999 study on the effect of football on Title IX compliance is useful. His study does not directly address football expenses, but rather his focus is on football profitability. His findings indicate that the presence and profitability of football has a positive effect on the amount spent per female athlete and a negative effect on the proportion of all expenditures allocated to women athletes. He also concluded that the presence of football makes it more difficult to comply with both exact proportionality of financial aid and substantial proportionality. The findings of this study are consistent with Rishe's findings in reference to football profitability. Where football is profitable, some of the revenues generated can be used for other sports, 134

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including women's sports. It is curious, however, that football profitability has a negative correlation with compliance in the current study, and Rishe concluded its presence makes it more difficult to comply with substantial proportionality. In this study, football profitability (football revenues minus football expenses) has a negative correlation while its two components have a positive correlation. What may be influencing this negative correlation with football profitability are the football schools that are not making large profits. For those schools making smaller profits, they may be putting those profits directly back into football to cover rising expenses and to enhance their programs in order to be more competitive, while the 16.1 percent of the Division I schools that generate over $64 million in football profitability use a portion of these profits to enhance non-revenue generating sports, including women's sports. Model3 Variables as Factors of Compliance Model 3 included the factors on the survey instrument that were completed by 67 percent of the respondents. The factors included were gender of the university president and athletic director, whether a school was public or private, and whether the school had ever had an OCR 135

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complaint or legal action against their athletic program based on Title IX In model3, districts 3 and 6 (the southern states and Texas, Arkansas and New Mexico) and athletic revenue were the factors that were the best predictors of compliance. These factors have been discussed in the sections on district and financial resources. The public/private factor ties in best with the financial factors (and as a separate factor is discussed only minimally in this study), with public institutions having a higher percentage of compliance. The factors used exclusively in model 3 were predicted to have a positive correlation except public/private, which was predicted to have a zero correlation. The findings from model 3 indicate that all of these factors have a positive correlation with compliance. Probably the most interesting findings about these factors come from the descriptive statistics provided in Table 5.4 For those schools that have a female president, only 4 of the 14 (28.6 percent) are in compliance, while schools with male presidents only 22 1 percent comply For those schools with female athletic directors, only 3 of the 10 (30 percent) are in compliance, while schools with male athletic directors only 20.4 percent comply Although these percentages seem relatively low, the overall compliance rate for this study is 21.2 percent. In spite of 136

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the fact that the number of women in high level positions is low, based on these percentages, one might speculate that gender of these key decision makers may affect compliance. Another interesting finding in Table 5.4 (on page 98) related to the schools that received OCR complaints or had legal actions against their athletic programs and institutions relating to Title IX. This raises the issue of enforcement as an external factor and its effect on compliance Only 30 of the 1 07 schools (20 percent) responding to the question have received an OCR complaint. Of the 30, only 9 (30 percent) are currently in compliance with Title IX. Eighty percent of the respondents have not received an OCR complaint and only 18.2 percent of these schools comply. Only 13 of the 106 schools (12.3 percent) responding to the question have had legal actions against their programs. Of the 13, only 4 (30.8 percent) are currently in compliance with Title IX. Of the 87.7 percent of schools that have not had a legal action, on.ly 19.4 percent comply with Title IX. These numbers suggest that strong enforcement may help to improve compliance. Although previously stated, as the one interviewee so aptly put it, "[schools] are just going to stonewall it as long as they can, and hope nobody files a lawsuit against them." Whether 137

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voluntary or coercive strategies work best is an important issue that needs to be pursued more in depth in future research. The statistics presented in Model 4, and the interviews suggest that, indeed, internal factors influence compliance with Title IX. Based on the statistical analysis, being in Division 1-A and 1-AA and supporting a football team makes compliance less likely, although there are schools that have achieved it. The districts in the southern portions of the United States as represented by districts 3 and 6 are less likely to comply. Financial capacity (including football profitability)having the resources and ability to generate revenue-are key factors that influence a school's ability to comply. And according to the interviewees, the attitude and commitment of the key decision makers are important factors in achieving compliance with Title IX. The study has confirmed hypotheses 2 and 3 and shown that there are both internal and external factors that affect compliance with Title IX. One final note about the findings concerns whether internal or external factors have a greater influence on compliance. A comparison of the overall influence of external and internal factors suggests that perceptions of survey respondents and interviewees may diverge from the 138

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findings of the four statistical models. The schools that were interviewed and those that completed the rating scale indicated that internal factors have a stronger influence on Title IX compliance than external factors. The influence of the institutional decision makers and financial capacity on compliance is evident in both model4 (based on the rating scale) and the interviews. The importance of athletic revenue and football revenue as internal factors is clear in models 1, 2 and 3. Although more internal factors than external factors were rated "highly'' and "extremely'' influential on the rating scale (model 4), Division 1-AAA and some of the districts (3 and 6) were shown to have significant relationships with compliance in models 1 2 and 3. Also, in model 4 some of the external factors were rated as "moderately'' and "highly'' influential (federal legislation, conference plans and goals, and OCR complaints). However, the emphasis of the interview participants was on internal factors. Only those schools that had experienced an OCR complaint or a legal action discussed external factors to any degree. One reason might be that the primary focus of their positions tends to be on internal factors, such as what strategies and approaches to use to maintain or move their athletic programs into compliance with Title IX. 139

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Most universities have legal and public relations staff whose primary function is to focus on the external factors Unless a school has received OCR complaints or is dealing with a Title IX legal action, the SWA's focus is on her athletic program. This internal focus might be a limitation of using SWAs as respondents. The relative unimportance of enforcement in the decisional calculus of these respondents suggests that examining strategies used to enforce Title IX may be a necessary step toward compliance nationwide. Study Limitations There were several study limitations that require discussion and suggestions for alternative strategies and approaches. The survey design and administration may have contributed to both the initially low response rate and the need to perform multiple mailings. The repeated mailings were both time-consuming and costly. The original design of the survey included a number of questions that are also included on each school's EADA report (completion of which, and distribution by request, is mandated by law), on the ground having previously collected this information would provide ease in completing those questions on the 140

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survey In fact, those questions added time and effort for the respondents, when they could have merely sent in the EADA report, with the data in turn extracted from their report by the researcher. This strategy was used after the initial mailing and refined for the last survey mailing by simplifying the survey and formally requesting the EADA report. Another limitation concerned how the surveys were addressed. Since the most current directory of Senior Woman Administrators was a year old, the surveys in the initial mailings, were addressed to the Senior Woman Administrator and not to a specific person. For the last mailing, the surveys were addressed to a specific individual at each school. Within four weeks after the last mailing, the response rate jumped from 19 percent to 49 percent. It is uncertain whether the improved response rate was a result of how the mailing was addressed or because of the simplified survey and fo_rmal request for the EADA report, or a combination of both. While the modifications to the survey design and administration improved the response rate, they also created some limitations in data collection and analysis The initial goal of this research study was to develop an explanatory model. Because there was so much variation in 141

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which and how many questions were answered, it became necessary to develop multiple models, each with a different number of cases (model 1, N=143; model2, N=115; and model 3, N=99). This also restricted each model to specific independent variables based on which documents (survey, scale, EADA) were completed. Given this limitation, creating a single explanatory model was not possible. Additionally, EADA data are somewhat unreliable, since guidelines have not been established in a number of areas (e.g. whether summer financial aid can be included or not). There is also variation on how individual colleges complete the EADA report. Model 4 based on the rating scale had a design limitation. The scale was intended for responses to be interpreted in a positive direction, so that when a respondent rated a factor "5," that meant that it had an "extremely influential" positive effect on compliance. Although, as noted, one interviewee marked "5" to mean that the university president had an extremely negative influence on compliance, after examining the data, this seemed likely to have been an infrequent occurrence, and therefore a high scale rating was interpreted as a positive influence. A suggested alternative approach for future study would be to make the Factors Scale 142

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directional by adding a column next to each factor with a plus ( +) and a minus(-) so respondents are able to indicate whether the influence is positive or negative. Another limitation of this study was that it does not directly confront the issue of law abidingness as described by Rodgers and Bullock (1976, 56). In utilizing a survey and the EADA report to gather much of the data, it was difficult to probe such sensitive questions as why a school obeys or does not obey the law. Although a 51 percent response rate is statistically significant and adequate (Babbie 1995, 262), it also means that 49 percent of those surveyed did not respond to a formal request to send their EADA report, which is mandated by law. Future studies might focus on contacting the non-respondent schools and asking why they did not return their EADA report Although the telephone interviews were a better tool for broaching more sensitive issues, they were still inadequate, not providing the social context associated with on-site interviews. This may be the reason Rodgers and Bullock used on-site interviews as one of their methods for compiling data. Just prior to completion of this study, The Chronicle of Higher Education completed its annual Title IX study for the school year 143

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1998-1999. An initial limitation of this study was whether the respondent group accurately represents the entire Division I population. Table 5.5 indicates that for substantial proportionality ( 1998-1999) that both the Chronicle study (311 schools) and this study (155 schools) have a compliance rate of 21.2 percent. This is a 7.2 percent increase over the previous year. The findings for exact proportionality were within 1.6 percentage points for The Chronicle study and this study. This suggests that the respondents of this study were representative of all Division I schools The Department of Education OCR is also developing a Title IX report that will be presented to Congress during the next few months and likely will be available to the public soon after. It will be interesting to compare OCR's study findings with both those of the Chronicle and this research study. Implications for Institutional Efforts to Achieve Compliance How can the results and findings of this study contribute to the effort to increase the number of schools that are in compliance with Title IX? Given the important role that the university president plays in influencing compliance (according to the interviewees), focusing efforts on 144

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this audience and raising their level of awareness could make a significant difference. Also, future research should explicitly target this group of actors The commitment of the president ahd other decision makers could go a long way toward compliance with Title IX. One of the interview participants took the influence of university presidents even further. She suggested that "the fifteen or sixteen presidents who run intercollegiate athletics in the NCAA [need to be addressed and convinced] how imperative it is that they appoint a blue ribbon committee in order to study the entire situation and determine what can be eliminated by way of practices." Another approach could be to develop a budgetary strategy to increase funding It may be counterproductive to continue to redistribute resources rather than increasing budget capacity. Redistribution tends to perpetuate the struggle between the "haves" and "have nots." A better alternative would be to explore other ways to fund new women's sports rather than reducing or eliminating other sports programs. Several of the participants who were interviewed hold special fund-raising events each year to increase the women's athletic program budget. For public universities, there are some state legislatures that have developed 145

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legislation to increase funding for Title IX based on efforts toward compliance. Another important component to consider is the monitoring of compliance. Only since 1997 has annual completion of the EADA report been required by law. One of the interview questions asked about the impact of this requirement. Most of the interview participants felt it helped them to track their program's progress toward compliance and was a good tool for communicating the status of Title IX compliance to key decision makers (internal and external), prospective students, and the public. Table 5.4 indicates progress toward compliance by Division I schools since the inception of this requirement. One of the interview participants suggested that the effect will be even greater in-the future as the information is accessible on the Internet to whoever is interested in a school's level of compliance with Title IX. Consideration of Title IX Literature There were several aspects of the Title IX literature that were addressed in this study. The first is the question as to whether football should be included in the calculation of compliance (Harris 1994; Pieronek 146

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1994; Lopiano 1994; Ferrier 1995) This issue continues to be raised in the literature, by governmental representatives, and by the public. Given the strong negative incentives surrounding equity in sports programs (Weistart 1996), how can compliance with Title IX be achieved? The conflict between the football program and its expenditures makes it difficult to find adequate resources to fund more women's sports (Lopiano 1994) The area of a school's financial capacity and the ability to generate profitability has been discussed in the literature and in this study. Examining profitability, especially from football and basketball, as a possible method for changing how to measure compliance (Ferrier 1995) and as a factor influencing compliance (Rishe 1999) has gained attention during the past five years. The statistical analyses of this study add to this literature confirming Rishe's findings that the presence of football and football profitability makes it more difficult for a school to comply with Title IX (1999) Regional differences have been raised in the literature as a factor influencing Title IX compliance (Rishe 1999). Models 1, 2 and 3 confirmed Rishe's findings that southern schools are more likely to be out of compliance than other regions of the country ( 1999) What the 147

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quantitative portion of this study adds to the literature is the validation that the success or failure of compliance with Title IX is influenced by the school's region. Schools in districts 3 (the south) and district 6 (Texas, Arkansas and New Mexico) are more likely to not be in compliance with Title IX. The regional component requires a more in-depth examination including a review of the OCR regions and how enforcement varies based on OCR regional office and influences the level of compliance. The quantitative portion of the study emphasized the importance of athletic revenue and, for football schools, football revenue. A school's capacity to provide financial resources to its athletic program, specifically women's programs, is crucial to its successful compliance of Title IX In the qualitative portion of the study, the interviewees' comments also emphasize the importance of financial resources in order to achieve compliance. The literature discusses issues concerning financial constraints and generating revenue, and the importance of financial resources in aiding schools to successfully comply with Title IX. This seems intuitively logical, but other than Rishe's study and The Chronicle's 1998-1999 study, this study is one of very few that statistically confirms the importance of financial resources to Title IX compliance 148

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Another important issue raised by this study is enforcement and why so few schools comply with Title IX and the Equity in Athletics Disclosure Act. A school is mandated by law to send its EADA report when formally requested to do so And yet only 51 percent of the schools responded, indicating that 49 percent of the Division I schools have chosen to ignore the law. Maybe it is a matter of schools being used to getting away with noncompliance or maybe it is a matter of inadequate enforcement. Most likely it is both. One thing is clear-the high level of noncompliance is a major concern that requires not only a review of the schools themselves, but also a review of the current enforcement practices and the development of new enforcement strategies. Consideration of Compliance Literature There were several aspects of the compliance literature that were addressed in this study. Achieving compliance requires an intense commitment by participants of an organization (Etzioni 1961 ). Both the interviews and model 4 indicate how important commitment of the key decision makers is to compliance with Title IX According to Rodgers and Bullock (1976), the belief by the target group in the fundamental legitimacy 149

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of the law and the cost to the target group of compliance are important considerations. The interview findings reinforce the concept that decision makers (Rodgers and Bullock 1976; Schneider and Ingram 1993) have a key role in achieving compliance with the law. More in-depth study, examining all of the key decision makers and their attitudes about and commitment to Title IX is crucial and may have the potential to raise awareness of the law and assist in encouraging Title IX compliance. Although it is important to examine the web of direct and indirect political, economic, and social forces (Mazmanian and Sabatier 1989) that affect compliance, this suggests that the target group can in fact influence the success or failure of compliance. The environmental context -the organizational, political, social and legal context-and the complexity of the institutional setting have a profound effect on the success or failure of a law and its level of compliance (Ingram and Mann 1980). In his model, Goggin (1990) addresses the environment where implementation decisions and actions take place. The approach of this study was to examine the Division I institutional environment and the parameters that enhance or deter the successful implementation of law What this study adds to the literature is that organizational environment 150

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and specific factors are crucial for successful compliance and continued research is necessary using the target group as the focal point examining how a variety of parameters both internal and external affect the level of compliance. Recommendations for Future Research In the tradition of research, this study gives direction to other researchers for carrying out other studies and for determining other paths to explore. Suggestions for future studies include: Focus on key decision makers and how their attitudes and level of commitment affects compliance. Study the role of law abidingness and how it affects compliance of institutions and organizations. Explore the social and cultural context and its influence on compliance. Explore the relationship that various approaches have on compliance (e.g., the differences between voluntary strategies versus coercive enforcement strategies such as the use of the complaint process and legal actions) 151

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Explore the regional implications more deeply. This may include focusing on specific regions of the country such as the south, as-Rishe (1999) did in his study, or the west, where region seems to positively affect compliance. Conclusion This research added another component to the literature focusing on policy implementation, gender equity, and the factors that influence compliance with Title IX. Many valuable lessons were learned from this study, namely the importance of well-conceived administration and design of survey instruments, the use of methods that provide access to more sensitive information, the ability to compile and analyze data, and the value of explanatory models to characterize key factors that influence compliance. An important question that still needs to be addressed is what can be learned from this study to help provide strategies so more Division I schools successfully comply with Title IX. First, it is critical that key institutional decision makers understand the law and are committed to compliance. This requires that education and accurate information is 152

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provided to these decision makers so they are making decisions that support Title IX compliance. Second, financial capacity and revenue generation are critical factors for successful compliance. It is imperative that schools either individually or collectively develop strategies to enhance revenue generation. Schools may need to retain professional marketing and fund raising staff to achieve their Title IX financial goals. This may include fund raising such as special events and/or working directly with state legislatures, businesses, and the community to increase funding resources for athletic programs, and specifically women's athletic programs. Third, consistent and continuous enforcement, including monitoring of compliance using accurate measures and data, are crucial to successful compliance nationwide. The OCR must require that reliable data are provided by schools on the EADA report and other Title IX related reports and documentation As the monitoring and enforcement agency, the OCR needs to develop guidelines so that all schools are reporting information based on the same assumptions and calculations. Consideration should be given concerning the three-pronged test. It may 153

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be time to formally require that schools must meet "substantial proportionality," and that "history of expansion" and "interests and abilities" become secondary to substantial proportionality. The OCR must provide the public with institutionally-specific information about the factors that influence compliance with Title IX in college athletics. No longer can noncompliance be ignored. This information needs to be accessible so that prospective students and their parents can make educated decisions based on whether a college is in compliance with Title IX. Finally, enhanced enforcement and monitoring may require pressure from a variety of outside groups and sources (athletes, SWAs, athletic directors, university presidents, the NCAA, lawsuits and legislation). Title IX is the law. Compliance is mandatory. After almost 28 years, now is the time for all collegiate athletic programs governmental entities, and the public to apply the necessary pressure so that Title IX compliance becomes a reality rather than just an unrealized concept of being "the right thing to do." 154

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APPENDIX A SURVEYS, INTRODUCTION AND COVER LETTERS 155

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INTRODUCTION LETTER September 27 1999 Dear Senior Woman Administrator: I'm writing to encourage you to participate in a research study by Carol King Calkins who is a doctoral student in the final phase of her program at the Graduate School of Public Affairs at the University of Colorado at Denver. The proposal accepted by Carol's committee centers on an investigation of specific factors (internal and external) that influence Title IX compliance by Division I athletic programs. Participation in the study requires your time to complete a written swvey and (for a portion of the participants) a follow up telephone interview. As a benefrt you have an opportunity to request a summary of the study's findings. In an effort to gain insight into how institutions comply or do not comply with Title IX, some of the questions may elicit responses that may be sensitive in nature. You have the option of not answering questions on the survey or during the telephone interview if you are not comfortable answering. Extensive measures are being taken to ensure confidentiality is protected in all aspects of the study Each survey will be identified using a random number and only the researcher will have access to which number corresponds with each institution and participant. Throughout the research process every effort is being made by Carol with my guidance to minimize any risks to the participants and their institutions. I believe this well conceived research project is important to both college athletics and Title IX compliance and I encourage you to participate in Carol's study. In approximately two weeks you will receive Carol's Trtle IX Compliance Factors Survey and a Subject Consent Form with a request that you return them within three (3) weeks. Please complete and return the survey and the consent form in the designated timeframe. Two to three months following completion of the written survey, you may be contacted for a follow up telephone interview. Your participation in Carol's project is essential to its success and is greatly appreciated My hope is that the results of this study will generate new insights regarding factors that influence Title IX compliance. Thank you for your cooperation If you have any questions, please contact me, or you can contact Carol at (303) 315-4303 or via e-mail at ckcalkins@home.com. Sincerely, Linda deLeon Assistant Professor University of Colorado at Denver Graduate School of Public Affairs 156

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October 22, 1999 COVER LETTER FOR FIRST SURVEY MAILING Dear Senior Woman Administrator: A few weeks ago, a letter was sent to you from Linda deLeon, an Assistant Professor in the Graduate School of Public Affairs at the University of Colorado at Denver and the Chair of my Dissertation Committee. She introduced my research study to you and encouraged you to participate. As she indicated, I am undertaking an investigation of the factors that influence Title IX compliance by Division I athletic programs. This research study on Title IX includes the attached survey and some follow-up telephone interviews with a portion of the survey participants who meet specific criteria I am requesting that you complete the Title IX Compliance Factors Survey and sign date, and obtain a witness signature on the consent form which is the last page of the survey. The first page of the survey that identifies you and your institution along with the consent form will be separated from the rest of the. survey as soon as I receive them in order to maintain confidentiality. The rest of the survey will be tracked and analyzed using a random 5-digit number on the bottom of each page. A copy of the consent form will be returned to you for your records Please return the survey and consent form using the enclosed self-addressed envelope by November 19. 1999. Thank you for your cooperation in completing this survey. If you have any questions, please contact me. Sincerely Carol King Calkins (303) 315-4303 (w) (303) 237-9079 (h) E-mail: ckcalkins@home.com 157

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Title IX Compliance Factors Survey October 1999 Name of Institution---------------------1. !INFORMATION ABOUT YOUj Name of Person Completing the Survey ______________ Telephone number ______________________ E-mail address------------------------Date Completed, ______________________ Are you willing to participate in a 30-minute telephone interview as a follow up to this survey? 0 Yes 0 No If yes, indicate which days of the week and times are most convenient (If selected a specific time will be pre-arranged with you to meet your schedule). This page is single sided and will be separated from the rest of the survey to ensure confidentiality is maintained. The rest of the survey is double sided and will utilize a code number on each page as a means to track data. Only the researcher will have access to which code number corresponds with each institution and who completed the survey. 158

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2. !INFORMATION ABOUT YOUR INSTITUTION! Division CJ 1-A CJ 1-AA CJ 1-AAA Conference ______________________ City and State where your institution resides------------Type of university: CJ Public CJ Private President's Gender: CJ Male CJ Female Institution's Total Budget Institution's Total Revenue--------3. !INFORMATION ABOUT THE ATHLETIC PROGRAM AT YOUR INSTITUTION! Information from 7/1/98-6/30/99 Number Percent Male undergraduates Female undergraduates Total undergraduates 100% Male athletes Female athletes Total athletes 100% 159

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Total number of varsity intercollegiate teams Number of men's teams Number of women's teams ATHLETIC BUDGET Total athletic budget Total budget for men's sports Total budget for women s sports SCHOLARSHIPS How many scholarships are offered to athletes How many scholarships are offered to male athletes How many scholarships are offered to female athletes Total scholarship dollars for all athletes Total scholarship dollars for male athletes Total scholarship dollars for female athletes REVENUE Total athletic revenue generated Total athletic revenue generated from men's sports Total athletic revenue generated from women's sports 160 Head Count Equivalency

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Budget Allocated Revenue Generated To Sport by Sport Football Men's basketball Women's basketball Total athletic revenue generated from other sports. ______ Indicate which sports by gender (e.g. men"s baseball; women's crew): Men's sports----------------------Women's sports TEAM RECORD Win-loss record for Football for the 1996, 1997, and 1998 Seasons: 1996. __ 1997 __ 1998 __ ATHLETIC DIRECTOR Gender: Cl Male Cl Female 161

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4. !INFORMATION ABOUT YOUR INSTITUTION'S COMPLIANCEj Which component of effective accommodation do you use for Trtle IX compliance? 0 Substantial Proportionality 0 History of Expansion 0 Interests & Abilities Is your institution in compliance with Trtle IX based on the component of effective accommodation that you use? D Yes 0 No If you use Substantial Proportionality, are you in compliance based on exact proportionality for financial aid? 0 Yes 0 No Has a formal grievance regarding Title IX compliance been filed against your Athletic Program? 0 Yes 0 No If yes, circle how many? 1 2 3 4 5 6 Over 6 What was the nature of the grievance(s)? If multiple grievances, please note how many grievances fall into categories below. 0 Did not meet Substantial Proportionality 0 Did not meet Exact Proportionality for Financial Aid 0 Eliminated Women's Team(s) 0 other _______________ If there are any unresolved complaints, what is their current status? 0 Developing a Plan 0 Negotiating with OCR 0 other ________________________ ___ Has a legal action been filed against your athletic program based on Title IX compliance? 0 Yes 0 No What is the status ofthe legal action? 0 Settled 0 0 0 0 Ruled on in favor of Plaintiff Ruled on in favor of Defendant Pending other __________________________________ ___ 162

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Title IX Compliance Factors Scale 5. !INFORMATION ON FACTORS THAT INFLUENCE COMPLIANCEj How influential was each of the factors in making a decision to comply with Title IX? Rate the following using this scale from 1 5: 5 -Extremely Influential 4 -Highly Influential 3 -Moderately Influential 2 SlighUy Influential 1 -No Influence NA -Not Applicable Feel free to make additional comments in the space provided. A. What Internal Factors have influenced your institution in making a decision to comply with TrtleiX? 1. A Person or Group: 2. Funding: 3. Actions: __ Board of Regents (Governing Body) __ University President __ Athletic Director __ Senior Woman Administrator __ coach(es) __ Athletes __ other _____________ __ Athh!tic Budget __ Increasing the Athletic Budget for Women's Sports __ Reducing the Athletic Budget for Men's Sports __ Increasing Revenue Generation __ other _____________ __ Adding to the Number of Women's Teams __ Reducing the Number of Men's Teams __ other _____________ 163

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4. other Factors: ___ Win-Loss Record ofthe Football Team ___ Win-Loss Record Men's Basketball Team ___ Win-Loss Record Women's Basketball Team ___ other ______________ B. What External Factors have influenced your institution in making a decision to comply With TrtleiX? 1. A Person or Group: 2. other Factors: ___ state Legislation; describe. ______ ___ Conference Compliance Plan or Goals ___ OCR Complaint ___ Legal Action ___ Forme r Students ___ Booster Club ___ other ______________ ___ Region of the Country ___ External Media Reports ___ other _____________ 164

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University of ColoradoDenver Graduate School of Public Affairs SUBJECT CONSENT FORM FOR PARTICIPATION IN A RESEARCH PROJECT Project Title: The Differential Implementation of Title IX in College Athletics Researcher: Carol King Calkins You are being asked to participate in a study with the primary goal of understanding the internal and external factors that affect an institution's ability to comply with Trtle IX The knowledge gained from this study may ultimately benefit colleges and their athletic administrators to better understand the factors that affect compliance with Trtle IX. If you agree to participate in the study, you will be asked to complete a written survey and may be requested to participate in a follow up telephone interview. The written survey will be sent to you with a return request of three (3) weeks. You may be invited to participate, two to three months following completion of the written survey, in a follow up telephone interview approximately 30 minutes in duration. This will be scheduled at your convenience. The telephone interview will be performed via a speakerphone or conference call in order to utilize an individual trained in recording the interview for later review and analysis by the researcher. The data collected by the survey will be correlated to determine what internal and external factors affect an institution's compliance with Title IX As a benefit for your participation, you will have the opportunity to request a summary of the study's findings. In an effort to gain insight into how institutions comply or do not comply with Title IX, some of the questions may elicit responses that are sensitive in nature Participants have the option of not answering questions on the survey or during the telephone interview that they are not comfortable answering. Extensive measures are being taken to ensure confidentiality is protected in all aspects of the research study. Each survey will be identified using a random number and only the researcher will have access to which number corresponds with each institution and participant. Additionally, to minimize any potential risks to the participants and their institutions authorization to utilize specific institutional information that is not already in the public domain may be reviewed by you. If you have any questions at any time, please contact the researcher, Carol King Calkins at (303) 237-9079 or e-mail her at ckcalkins@home com. You have the right to withdraw from the study at any time. If you have any questions about your rights as a research subject, please contact the Office of Academic Affairs, CU Denver Building, Suite 700, (303) 556-2550. A copy of this consent form will be returned to you for your records. I have read the above and understand the purpose, risks, and benefits of the study. My signature indicates agreement to participate in this study. Participant:-----------Institution:------------Date : ____________ ___ 165 Witness:---------------

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FIRST FOLLOW UP LETTER December 6, 1999 Dear Senior Woman Administrator: 1 am writing this follow up letter in regard to the ''Title IX Compliance Factors Survey" that was mailed to you approximately five weeks ago This study is designed to analyze the internal and external factors that influence compliance levels of Division I athletic programs. Answered surveys have begun to arrive and with your help I can obtain a statistically significant response rate for my dissertation. I apologize for bothering you at this busy time of year, but please take a few minutes to respond to the survey and to sign the consent fonn. Your input will greatly benefit this project. To assist you in this process, I would recommend that you send a copy of your 19981999 EADA report, and I will use data from it to complete portions of Sections 1 and 2 of the survey. In doing so, you will only need to complete the following survey items: First page of Survey INFORMATION ABOUT YOU Fill out INFORMATION ABOUT YOU if it is different from the EADA Report Indicate if you are willing to participate in a 30-minute telephone interview and available times. Second page of Survey Section 1 INFORMATION ABOUT YOUR INSTITUTION Type of University: Public or Private President's Gender. Male or Female Fourth page of Survey Section 21NFORMATION ABOUT THE ATHLETIC PROGRAM Team Record: Win-Loss Record for Football 1996, 1997, and 1998. Athletic Director Gender: Male or Female Fifth page of Survey Section 3 INFORMATION ABOUT YOUR INSTITUTION'S COMPLIANCE Complete all applicable questions. 166

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FIRST FOLLOW UP LETTER (Cont.) Sixth and Seventh page of Survey Complete all questions using the number rating scale 1-5 or NA. Final page Sign and Date the Consent Form. Thank you for your time and effort If you need another copy of the survey document. please e-mail me at the address below. Please feel free to contact me if you have any other questions Sincerely, Carol King Calkins (303) 315-4303 (w) (303) 237-9079 (h) e-mail ckcalkins@home.com 167

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SECOND FOLLOW UP LETTER January 16, 2000 Dear Senior Woman Administrator: I need your help. I am writing this letter in regard to the ''Title IX Compliance Factors Survey" and follow up letter that were mailed to you in Fall of 1999. The goal of this research is to analyze internal and external factors that i'nfluence compliance levels of Division I athletic programs. Presently, the final stages of data collection have begun. The return rate is only at 20 percent, but with your help, I can obtain a statistically significant response rate for my dissertation. Keep in mind that all responses will be held strictly confidential. I apologize for bothering you at this busy time of year, but please take a few minutes to respond to the survey. Your input will greatly help this project. I am formally requesting a copy of your 1998-99 EADA report. This allows me to remove from the original survey items that I can obtain directly from your EADA report. I have enclosed an abbreviated version of the survey to simplify the completion process for you. Please sign the consent form and complete the survey in its entirety. If there are any specific questions that you are unable to answer, leave them blank. Thank you for your time and effort in helping me to complete my research study. Please feel free to contact me if you have any questions. If you have already returned the survey, disregard this packet; and I greatly appreciate your response. Sincerely, Carol King Calkins (303) 315-4303 (w) (303) 237-9079 (h) e-mail ckcalkins@home.com 168

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Title IX Compliance Factors Survey January 2000 ________________________________________ __ !INFORMATION ABOUT YOU! Name of Person Completing the Survey ___________________________ Telephone number _____________________________________ E.fl'lail address---------------------------------------------Date Completed'-------------------------------------Are you willing to participate in a 30-minute telephone interview as a follow up to this survey? 0 Yes 0 No If yes, indicate which days of the week and times are convenient or selected a specific time will be pre-arranged with you to meet your schedule). This page is single sided and will be separated from the rest of the survey to ensure confidentiality is maintained. The rest of the survey is double sided and will utilize a code number on each page as a means to track data. Only the researcher will have access to which code number corresponds with each institution and who completed the survey. 169

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1. !INFORMATION ABOUT YOUR INSTITUTION! Conference ____________________ City and State where your institution resides-----------Type of university: CJ Public CJ Private President's Gender: CJ Male CJ Female 2. !INFORMATION ABOUT THE ATHLETIC PROGRAM AT YOUR INSTITUTION! TEAM RECORD Win-loss record for Football for the 1996, 1997, and 1998 Seasons: 1996 __ 1997 __ 1998 __ ATHLETIC DIRECTOR Gender: CJ Male CJ Female 170

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3. !INFORMATION ABOUT YOUR INSTITUTION'S COMPLIANCEj Which component of effective accommodation do you use for TIDe IX compliance? CJ Substantial Proportionality CJ History of Expansion CJ Interests & Abilities Is your institution in compliance with Title IX based on the component of effective accommodation that you use? Cl Yes Cl No If you use Substantial Proportionality, are you in compliance based on exact proportionality for financial aid? CJ Yes CJ No Has a formal grievance regarding Title IX compliance been filed against your Athletic Program? Cl Yes CJ No If yes, circle how many? 1 2 3 4 5 6 Over6 What was the nature of the grievance(s)? If multiple grievances, please note how many grievances fall into categories below. CJ Did not meet Substantial Proportionality Cl Cl Cl Did not meet Exact Proportionality for Financial Aid Eliminated Women's Team(s) other __________________________________ __ If there are any unresolved complaints, what is their current status? Cl Developing a Plan Cl Negotiating with OCR CJ Other ________________________________ __ Has a legal action been filed against your athletic program based on Title IX compliance? CJ Yes CJ No What is the status of the legal action? CJ Settled CJ Ruled on in favor of Plaintiff Cl Ruled on in favor of Defendant Cl Pending CJ Other ______________________________ __ 171

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Title IX Compliance Factors Scale 4. !INFORMATION ON FACTORS THAT INFLUENCE COMPLIANCE) How influential was each of the factors in making a decision to comply with Title IX? Rate the following using this scale from 1 5: 5-Extremely Influential 4-Highly Influential 3-Moderately Influential 2Slightly Influential 1-No Influence NA -Not Applicable Feel free to make additional comments in the space provided. A. What Internal Factors have influenced your institution in making a decision to comply with Title IX? 1. A Person or Group: 2. Funding: 3. Actions: __ Board of Regents (Governing Body) __ University President __ Athletic Director __ senior Woman Administrator __ coach(es) __ Athletes __ other _____________ __ Athletic Budget ___ Increasing the Athletic Budget for Women's Sports __ Reducing the Athletic Budget for Men's Sports __ Increasing Revenue Generation __ other _____________ __ Adding to the Number of Women's Teams __ Reducing the Number of Men's Teams ___ other _____________ 172

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4. other Factors: ___ Win-Loss Record ofthe Football Team ___ Win-Loss Record Men's Basketball Team ___ Win-Loss Record Women's Basketball Team ___ Other _______________ ___ B. What External Factors have influenced your !nstitution in making a decision to comply with TrtleiX? 1. A Person or Group: ____ Federal Legislation; describe. __________ ___ State Legislation; describe. _______ ___ Conference Compliance Plan or Goals ____ OCR Complaint ___ Legal Action ____ Former Students ___ Booster Club ___ Other __________________________ __ 2. other Factors: ____ Region of the Country ___ External Media Reports ____ Other _________________________ __ 173

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APPENDIX 8 TELEPHONE INTERVIEW QUESTIONS 174

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TITLE IX COMPLIANCE FACTORS INTERVIEW Name of Person being Interviewed _______________ THieofPerson ______________________________ __ Telephone number _________________________ -.-Date and Time of Interview _____________________________ Questions 1 You indicated on your survey which factors you thought had the greatest influence on your athletic program's level of compliance with Title IX. Briefly describe how each has had an influence on compliance. Are there any other factors that either were not on the survey or come to mind now? What are they and briefly describe their influence. 2. Who are the individuals or group(s) that have the greatest influence on your athletic program's compliance with Title IX? And how have they had an influence on compliance? 3. What have been the factors that have created the greatest obstacles on your athletic program's compliance with Title IX? Briefly describe how each has had an adverse affect on compliance. 4. Do you think any of the following factors have influenced your program's compliance and why? Number of undergraduates. Size of your undergraduate population. Percent of female undergraduates. Percent of female athletic teams. Requirement to report participation and financial information as a result of EADA. 175

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TITLE IX COMPLIANCE FACTORS INTERVIEW (cont.) 5. In the initial findings of the study, schools rated the following factors as highly influential on compliance with Title IX. Do any of these factors surprise you and why? Internal-Person or Group AD SWA President Internal Funding Athletic Budget Increasing the Athletic Budget for Women's Sports Internal Actions Adding the Number of Women's Teams External Person or Group Federal Legislation Does it make sense to you that more internal factors were rated high than external factors and why? 6. Do you think it is possible for a school to be both in compliance with Substantial Proportionality and Exact Proportionality for Financial Aid or is there an adverse relationship? Briefly describe you thoughts on this issue. 7. The response rate for the study is much higher for Division 1-A schools than the other two divisions, can you give me any insights into why? 8. Do you believe your university and athletic program is committed to compliance with Title IX? Why or why not? 9. What would be your recommendations for either maintaining or improving your athletic program's compliance with Title IX? And do you believe your recommendations would assist other athletic programs to comply? 10. Are there any other thoughts or comments that you think. would provide insights into athletic programs compliance with Title IX? 176

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INSTITUTION SPECIFIC INTERVIEW INFORMATION Senior Woman Administrator Name University Name Division 1-A Conference Name Undergrads 11,000 Female 52.3% Women Athletes 54.6% Sub. Prop. 97-98 98-99 -4% -2.3% Fin Aid +1.5% Survey Comments Rated 5 Athletic Budget Federal Legislation Rated 4 AD SWA Increasing Women's Athletic Budget Other Conference Compliance Plan or Goals 177 Feb.22,2000 8amMT

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Connolly, Walter (1994). A university's defense to a Title IX gender equity in athletics lawsuit: Congress never intended gender equity based on student body ratios. University of Detroit Mercy Law Review, 71 (4): 845-931. Costa, D. Margaret, and Sharon R. Guthrie (1994). Women and Sport. Champaign, IL: Human Kinetics. Crawford, Julie Dunn, and John Strope (1996). Gender equity in college athletics: how far have we really come in twenty years? West's education Jaw quarterly, 5( 1 ): 189-202. Daniel, Matthew L. (1995). Title IX and gender equity in college athletics: how honesty might avert a crisis. Annual Survey of American Law, (2): 255-318. deleon, Peter (1999). The Missing Link Revisited: Contemporary Implementation Research. Policy Studies Review, Fall/Winter: 311-338. Dodd, Dennis (1995). Gender equity or more inequity? Soccer Journal, 40(3): 23-27. Edwards, Ill, George C. editor (1984). Public Policy Implementation. Greenwich, Connecticut and London, England: Jai Press Inc. Etzioni, Amitai (1961 ). A Comparative Analysis of Complex Organizations. New York: The Free Press. Evans, Thomas S. (1996). Title IX and intercollegiate athletics: a primer on current legal issues. The Kansas Journal of Law and Public Policy, 5(3): 55-64. Ferrier, Jeffrey P. (1995). Title IX leaves some athletes asking, "can we play too?" Catholic University Law Review, 44: 841-885. 179

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Forseth, Renee, Jennifer Karam, and Eric Sobocinski (1995). Progress in gender equity? Villanova Sports and Entertainment Law Journal, 2(1) : 51-98. Fox Piven, Francis (1992). Reforming the Welfare State. Socialist Review July: 6-19. George, B Glenn (1993). Miles to go and promises to keep: a case study in Title IX. University of Colorado Law Review, 64: 555-557. Goggin, Malcolm L., Ann O'M Bowman, James P Lester, and Laurence J. O'Toole (1990). Implementation Theory and Practice: Toward a Third Generation. Glenview, Illinois and London, England: Scott, Foresmanllittle, Brown Higher Education. Grant, Christine H. B. and Mary C Curtis ( 1996). Gender equity: judicial actions & related information. (unpublished draft). Greendorfer, Susan L. (1994) Testimony at the hearing on sports equity for women. Women's Counsel, Illinois Citizens Assembly. Harris, Melody (1994). Hitting 'em where it hurts: using Title IX litigation to bring gender equity to athletics. Denver University Law Review, 72(1 ) : 57-111. Heckman, Diane (1992). A twenty year retrospective on Title IX. Miami Entertainment and Sports Law Review, (1 ): 39-45 Henson, Diane M., and Boyce C. Cabaniss, (1994). It's not whether you win or lose, but whether you get to play: Title IX finally expands participation opportunities for female athletes in the '90s. Review Utigation, 13: 495-496. Hoff,. Joan (1991 ). Law, Gender & Injustice. New York and London: New York University Press. Hofferbert, Richard (1990). The Reach and Grasp of Policy Analysis. Tuscaloosa, Alabama: University of Alabama Press 180

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