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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (Nov. 12, 1975)
Wednesday, november 12, 1975 page 5 daily nebraskan Title IX Misconceptions, implications and equal opportunity By Larry Stunkel Ignorance breeds fear, or so the saying goes, and a lot of people fear Title IX, a 1975 Health, Edu cation and Welfare (HEW) bill. Numerous misconceptions surround the bill and many fears are well founded because lawmakers and lawyers aren't sure how the courts will inter pret its guidelines. Title IX reads: "No person in the United States shall, on the basis of sex, be excluded from partici pation, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." The bill was drawn up in 1972 and became effective on July 21, 1975 and gives "educational programs and activities" three years to implement the guidelines. After that, the government hits non-compliant institutions where it hurts-in the pocket book,' either by discontinuing federal fund ing or taking the institution to court. Arguments presented TMtimnnv' favnrinff Title IX was presented at Congressional hearings, and according to a June 1975 HEW fact sheet, some of the arguments were: -That boys and girls were not allowed to enroll in traditionally sex-oriented courses, such as indu strial arts and home economics, because of policies in secondary schools. -That physical education programs for girls in secondary schools were often found inferior to boy's programs in the same school. The same held true for athletics. -That while women constituted 67 per cent of all public school teachers, only 15 per cent of the principals and .6 per cent of the superintendents were women. . -Another study done by the National Center for Educational Statistics found that in 1973, the salaries of women college faculty members were an average of $2,500 less than their male counter parts. The study also indicated that only 9.7 of women faculty members achieve professorships compared to 25 .5 per cent of males. Educational institutions comply Title IX covers all educational institutions, on the pre-school, elementary, secondary , undergradu ate, graduate, vocational and professional levels. Exceptions are military schools, religious schools (to the extent that provisions would be inconsist ent with basic religious tenets of the particular school), private undergraduate colleges, nonvoca tional colleges that have been restricted to a single sex since their establishment. Other Titb IX exemptions include social fra ternities and sororities on the Pondary level, the Boy Scouts, Girl Scouts, YWCA and YMCA. Voluntary youth service organizations also are exempt to non-members are conducted. Equal treatment In educational institutions bound by Title IX, members of each sex must receive equal treatment in areas such as: ..... -Access to and participation in courses and extracurricular activities, including campus organ izations md competitive athletics. -Eligibility for, receipt and enjoyments of bene fits services and financial aid. -Comp"aUve quality, availability an I use of f,,nf,;,, and roles concerning housing (although onf TonceVning athletics have caud the nost furor, says HEW Secretary Casper li .... 7 . '-'stem V."' .: . VVV' j&F i; I I r.x s i '? ; V. Weinberger. Athletics also require the most court interpretation and has experienced a majority of misconceptions about Title IX, sources have said. Matching expenses One misconception is that Title IX requires dollar-for-dollar matching expenditures for each sex. Another is that women have the right to try out for men's teams in contact sports such as foot ball, basketball, wrestling, hockey, and boxing. Actually though, the law doesn't say that schools can refuse to offer a separate team in a contact sport if sufficient interest exists to warrant one, Weinberger said. In effect, the athletics provision requires schools to provide equal opportunity for participation of both sexes in intramural, interschoiastic and inter collegiate athletics. Nine Title IX criterion used to determine whether equal opportunities are available are: -whether the sports selected reflect the interests and abilities of both sexes. -provision for supplies and equipment. -game and practice schedules. -travel and daily allowances. -coaching and academic tutoring opportunities and the assignment of coach and tutor pay. -locker rooms, practice and competitive facili ties. -medical and training services. -housing and dining facilities and services. -publicity. Separate or equal Title IX also provides for a single team open to both sexes, or teams for males and females in sports where competitive skill is a basis for select ion and where contact is involved. Schools also mav orevent a member of either sex from participating in a sport "if athletic oppor tunities have not been limited in the past for them," according to the guidelines. No men's volleyball For example, UNL has a women's volleyball team which men may be denied the chance to go out for because a futile effort was made to organ ize a men's volleyball team. Another Title IX misconception is that schools cannot provide shower, locker room and toilets for both sexes. Many people fear men and women would have to share locker rooms, showers and toilets in com pliance with Title IX. However, the guidelines permit separate housing, locker rooms, toilets and showers. Employment provisions One of the least discussed Title IX implications has been its eoinploymcnt provisions, which in clude discrimination of: -employment criteria. -recruitment. -compensation. -job classification and structure, -fringe benefits, -marital or parental status, -effect of state or local law or other require ments. -advertising. -pre-employment inquiries. -sex is a bona fide occupational qualification. Institutions may not recruit and hire employes solely from discriminatory sources, must pay both sexes equally for equal work and may not discri minate or exclude employes and applicants from employment on the basis of pregnancy or related conditions. However, the guidelines are general and little is known about how the courts will interpret them, according to David Dutton, a Waterloo, Iowa law yer who has handled women's equal rights cases. "Title IX is very deceptive," he said, "there is no simple answer as to what the implications will be."