Title IX Current Issues for

Secondary SchoolAthletics and Physical Education

Linda Jean Carpenter, Ph.D., J.D.

ACCESS

ACCESS

You don’t need a uniform if you are not on the team.

2011-12 4,484,987 3,207,533

1971-72 3,666,917 294,015

Progress for all:

Boys Girls

(nfhs.org)

Issue: Access

•More female HS athletes•More male HS athletes

Since 2007-08 (economic downturn)there are 263,139 more high school students participating in athletics than ever before.

Issue: Access

•More female HS athletes•More male HS athletes

Growth in last 5 years:Females: 150,267

Issue: Access

•More female HS athletes•More male HS athletes

Growth in last 5 years:Females: 150,267Males: 112,872

Issue: Access

•More female HS athletes•More male HS athletes

Growth in last 5 years:Females: 150,267 57.1% of increaseMales: 112,872 42.9% of increase

Knowledge

vs. Sound bite

Issue: Access

Issue: Access

•More female HS athletes•More male HS athletes

Growth in last 5 years:Females: 150,267 57.1% of increaseMales: 112,872 42.9% of increase

But, Girls=only 42.7% of all HS athletes

Most Popular High School Girls Sports in US – 2011/12

1 Basketball2 Track and Field3 Volleyball4 Softball FP5 Cross Country6 Soccer7 Tennis8 Golf9 Swimming/Diving10 Competitive Spirit Squad

(nfhs.org)

Most Popular High School Girls Sports in US – 2011/12

1 Basketball2 Track and Field3 Volleyball4 Softball FP5 Cross Country6 Soccer7 Tennis8 Golf9 Swimming/Diving10 Competitive Spirit Squad

(nfhs.org)

Is Cheer*a ‘sport’

for Title IX purposes?

•AKA: Competitive Spirit Squad Stunts & Acrobat Team

Issue: Access- Proportionality

Is Cheer*a ‘sport’

for Title IX purposes?

Issue: Access- Proportionality

•Answers:

•Office for Civil Rights

•Biediger v Quinnipiac University

Issue: Pregnancy

Issue: Contact Sport Exemption

Does Title IX’s Contact Sport Exemption available for co-ed Physical Education classes help or hurt girls?

Issue: Contact Sport Exemption

Should Title IX’s Contact Sport Exemption be retired?

Issue: Retaliation

Does Title IX helpto fight

Retaliation?

Embrace equity more than tradition or privilege.

Thanks for being with us today.

Kelly Wittewittek@uww.edu

Penny Portmanportmanp@uww.edu

Linda Jean CarpenterLcarpentBC@aol.com