Interpretation glitch

Title IX needs revision for success

itle IX, the statute which has provided academic and athletic opportunities for women, is coming under fire this weekend at a symposium held at the University. The spirit of Title IX, as well as much of what it has actually accomplished, is indisputably positive. It does for women and athletics what affirmative action does for minorities and University admission - it levels the playing field. During the past 25 years, the University has made great strides in providing equal athletic opportunity to women. But Title IX is not perfect - the implementation of the policy has lots of room for improvement to keep Title IX from hurting others while it tries to help women. While Title IX has been overwhelmingly positive, the University needs to keep striving to meet the ultimate goal of complete gender equality on and off the athletic field.

The complications with Title IX stem from the three-part test to determine whether a university is compliant with the law. The first part of this test states that sports opportunities must be "substantially proportionate" to the full-time undergraduate enrollment. This means that if the University has an undergraduate population that is 50 percent male, then the number of athletes at the University should also be 50 percent male. The University is working towards this goal, but this is not the only criterion judging their success in enforcing Title IX.

Title IX's compliance test involves mandating that universities must continue to expand the underrepresented athletic programs. These programs involve many women's sports, especially those that do not generate a lot of profit. But if the University is not able to meet this requirement (due to revenue problems, this is usually difficult to do), it can uphold an alternative requisite involving the "interests"of the "underrepresented sex" (in our case, women). The obvious problem with this part of the law is its ambiguity. The "interests" of underrepresented programs can be broadly defined. The University must continue to make a serious effort to enhance the welfare of women's sports across campus.

According to Title IX, if the University's underrepresented sex has been accommodated, then the school is compliant with legislation. This is a difficult issue, since the interests of the underrepresented sex are not readily attainable; also, the University may not consider the interests if they are compliant with the "expansion" platform of the Title IX compliance test.

The University should take steps that would take the difficulty out of these issues, steps that would make the issue cut and dry. Michigan should survey the underrepresented sex to make sure that their policies are meeting the interests of women, as it should be a priority regardless of Title IX compliance. Once the interests are defined, they can be met; once they are met, our university can more easily refer to itself as a proponent of equality.