Gender Equity: Compliance Assessment, Planning, and Complaints

Transcription

1 Table of Contents Gender Equity: Compliance Assessment, Planning, and Complaints A. Introduction... 1 B. Exposure Analysis & Liability... 1 C. Risk Assessment Self Evaluation... 2 D. SAMPLE: Policy and Procedure...4 A. INTRODUCTION Title IX (Title IX) of the Education Amendments of 1972 and other laws exist to prohibit gender discrimination in the provision of athletics participation opportunities, scholarship support and other benefits. Yet, almost four decades following the adoption of Title IX, few Athletic Departments are in full compliance with this law. Athletic Departments should fully support gender equity in the workplace and in the athletics program. B. EXPOSURE ANALYSIS & LIABILITY Sexual harassment Sex discrimination Retaliation Reputation risk Non compliance complaints Besides the legal liability arising from the requirements of Title IX, there are other federal and local laws that prohibit gender based discrimination and harassment in employment, including seasonal employment of students. Title IX was passed in It requires gender equity for boys and girls in educational programs that receive federal funding. The Office of Civil Rights of the U.S. Department of Education administers Title IX. Institutions must appoint a Title IX Coordinator, the employee who is responsible for Title IX compliance efforts. Title IX coordinators usually handle complaints as well. Parties claiming discrimination or harassment in violation of Title IX have the right to sue the institution and courts may award damages. The penalty for noncompliance with Title IX varies, from orders to make changes in programs to loss of federal funds. Institutions may also be assessed compensatory and punitive damages for noncompliance. 1

2 C. RISK ASSESSMENT SELF EVALUATION Administer the following questionnaire to the administrator currently responsible for oversight of gender equity and Title IX compliance. Every question should be answered with a YES. Be sure to address and remedy those items with NO responses. With regard to gender equity: An individual has been designated as the Department or Institution Title IX Coordinator [or similar title]. A policy exists stating the Institution and athletics program shall not discriminate on the basis of age, color, national origin, physical impairment, political affiliation, race, religion, or sexual orientation in the application of all gender equity policies and procedures. The gender equity policy outlines the responsibilities of all administrators working in areas related to gender equity. By policy, the name and contact information for the Title IX Coordinator is available. By policy, the Title IX Coordinator will help to establish a Gender Equity Committee. A policy for compliance with Title IX exists. The policy for compliance with Title IX clarifies the methods by which the Department may meet compliance with the law. A policy for conducting an annual gender equity assessment exists. A policy for the timely completion of the Equity in Athletics Disclosure Act forms exists. The policies and procedures for assessing Title IX compliance also specify specific plans to achieve compliance. A policy outlining how individuals may request the addition of an intercollegiate team exists. The policy specifying how individuals may request the addition of an interscholastic or intercollegiate team is distributed to appropriate constituents on an annual basis and is posted on the Athletic Department s Web site. By policy, the allocation of financial aid to male and female athletes will be compared annually. By policy, equivalency of treatment between male and female athletes will be compared annually. By policy, employment equity will be evaluated annually. 2

3 By policy, any inequities discovered during annual assessments must be addressed in strategic planning initiatives. Strategic planning must occur, at a minimum, every five years. A policy prohibiting sexual harassment exists. The procedure for sexual harassment complaints is progressive with regard to documentation and corrective action. By policy, individuals reporting sexual harassment are protected from retaliation. A policy and procedure exist for the appeal of sexual harassment complaints. By policy, the privacy of individuals reporting sexual harassment is protected. A policy and procedure exist for gender inequity complaints that are not related to sexual harassment. The procedure for nonsexual harassment gender inequity complaints allows for both informal and formal complaints. The procedure for handling nonsexual harassment gender inequity complaints specifies that significant complaints be included in strategic planning. By policy, individuals reporting inequity complaints are protected from retaliation. 3

4 D. SAMPLE: POLICY AND PROCEDURE The following policy and procedure is a sample. Do not use verbatim. Follow instructions to insert information applicable to your Institution and then submit to your legal counsel for review to be sure all elements conform to Institutional policy and applicable local, state and federal laws. (Name of Institution) Policies and Procedures for Gender Equity: Compliance Assessment, Planning, and Complaints 1.0 The Department Title IX Coordinator shall be responsible for overseeing the following policies and procedures regarding gender equity, compliance assessment, planning, and complaints. All interpretations of the policies and procedures below shall be approved by the Title IX Coordinator [OR indicate Institutional committee or title of person] and be consistent with Institutional policies and procedures and local, state and federal laws. Further resources for policy and planning can be found at the NCAA s Gender Equity Web site. This Web site can be accessed via the following: Nondiscrimination. The [Name of Institution] Athletic Department ( Department ) shall not discriminate on the basis of age, color, gender, national origin, physical impairment, political affiliation, race, religion, or sexual orientation in the application of all policies and procedures. Because athletics have demonstrated a long history of gender discrimination, the Department maintains a gender equity policy in addition to the extant diversity and non discrimination policies and procedures. 3.0 Oversight and Administration 3.1 Director of Athletics. The Director of Athletics is responsible for designating a Title IX Coordinator. The Director of Athletics must provide support and general oversight for all Gender Equity policies and procedures. 3.2 Title IX Coordinator. The Title IX Coordinator is responsible for the direct oversight and execution of all policies and procedures related to gender equity. The Department Title IX Coordinator is responsible for working closely with the Institutional Title IX Coordinator [or similarly titled position/office] Contact Information. The Title IX Coordinator shall provide information for any individual reporting sexual harassment. The contact information for the Title IX Coordinator must be available to all student athletes and Department employees. The Title IX Coordinator is: [Insert Contact Information here] 3.3 DEPARTMENTAL Gender Equity Committee. The Director of Athletics and the Title IX Coordinator shall appoint a Department Gender Equity Committee. The members of the Gender Equity Committee shall provide input for strategic planning and assessment. The Gender Equity Committee membership shall include one student athlete of each gender. 4

5 3.4 Institutional Title IX Coordinator. The Institutional Title IX Coordinator shall provide oversight for the Departmental Title IX Coordinator and shall Chair the Gender Equity Committee. The Institutional Title IX Coordinator shall aid in policy interpretations. 4.0 Title IX Compliance. The Department strives to [maintain/achieve] Title IX compliance. The Department recognizes that dropping sports for the over represented sex is an undesirable method for achieving proportionality. Compliance with Title IX shall be achieved by one of the following methods: 4.1 Proportionality. The Department demonstrates that opportunities for participation in athletics for the historically under represented sex are proportionate to the enrollment of individuals of that sex within the Institution. 4.2 History and Continuing Practice. The Department demonstrates a history and continuing practice of adding opportunities for the under represented sex. 4.3 Accommodation of Interests. The Department demonstrates that the interests and abilities of the under represented sex have been fully and effectively accommodated with existing programs. The Department continuously evaluates the changing interests and abilities of the under represented sex to ensure that all interests have been fully accommodated. 5.0 Assessment. The Department shall annually assess the allocation of resources, scholarships, and participation slots dedicated to sports for each sex. Annual evaluation shall include all of the following elements: 5.1 Equity in Athletics Disclosure Act (EADA) Forms. The Department shall complete EADA Forms annually. The EADA forms may indicate problem areas regarding the allocation of resources. 5.2 NCAA Financial Report. If the Institution is a member of the NCAA, the organization s financial report is completed annually. 5.3 Participation and Accommodation of Interests. The Department shall annually assess participation slots to determine compliance with one of the following standards: Proportionality. Compliance is achieved when the ratio of female and male athletes is substantially proportionate to the male and female undergraduate population at the Institution History and Continuing Practice. A history and continuing practice of adding participation opportunities for the under represented sex is achieved when the DEPARTMENT has added participation slots or new sports for the underrepresented sex on a regular basis and continues to make progress toward proportionality. Measureable progress toward strategic planning initiatives may also support history and continuing progress. 5

6 5.3.3 Accommodation of Interests. An accommodation of interests is achieved when members of the under represented sex at the Institution fail to express any interest in the addition of a new varsity sport Measurement. Accommodation of interests is measured by annually surveying the existing and incoming student body, club and recreational sport participants, issuing open forums for students to suggest adding or elevating a sport, and surveying high school and youth league sport participation within the recruitment area. A policy outlining how individuals request the addition of a new sport must be distributed to appropriate constituents on an annual basis and should be posted on the Departmental Web site. 5.4 Financial Aid. The Department does not discriminate on the basis of sex in the distribution of financial aid. Financial aid distributions must be within 1% of participation rates. Equity in financial aid is measured by comparing the proportion of male and female athletes with the proportion of financial aid granted to each gender. 5.5 Equivalency of Treatment. Benefits for male and female athletes, beyond participation slots and financial aid, should be relatively equal. Differences between women s and men s teams must be carefully evaluated to ensure these can be justified as nondiscriminatory. Differences that cannot be justified should be eliminated. Equivalency of treatment must include but is not limited to the following: Equipment, uniforms, and supplies Scheduling of games and practice times Travel and per diem allowance Tutoring Coaching Locker rooms, practice and competitive facilities Medical and training facilities and services Housing and dining Publicity Support Services Recruiting 5.6 Employment. The Department includes gender equity in employment as part of its continuing diversity and non discrimination policies and procedures. Equity in employment matters must include but is not limited to the following: Hiring the most qualified individual regardless of gender Salaries competitive with comparable Institutions Equitable duties and responsibilities among coaches Continuing review to justify salary and contract differences among coaches 6.0 Gender Equity Strategic Planning. The Department shall develop a strategic plan for supporting gender equity and ensuring continuing compliance with Title IX. 6

7 6.1 Strategic Plan Content. Strategic planning for Title IX compliance and gender equity must address each of the following points: Issues of concern and the current status of gender equity compliance. Specific goals or objectives for improvement in that area. Steps for achieving each goal. Timeline for achieving the goals or objectives. Individuals responsible for oversight of the goals and objectives. 6.2 Strategic Plan Timeline. Strategic planning shall involve setting deadlines for the accomplishment of goals Ten Year Vision. The DEPARTMENT shall maintain a clearly articulated vision of the accomplishments desired in the next ten years Five Year Planning. Strategic plans shall encompass a five year period. Goals and objectives shall be written to reflect this period Interim Evaluations. Progress toward strategic planning goals and objectives shall be evaluated twice during each five year period. During year two of the strategic planning period, goal steps and progress shall be evaluated and adjusted if necessary. During year four of the strategic planning period, goal steps and progress shall be evaluated and new strategic planning initiatives shall be designed for the next five year period. 6.3 Sexual Harassment. The Institution and the Department strictly prohibits sexual harassment of any kind. By definition, sexual harassment is defined as unwelcome conduct of a sexual nature that may include unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment also encompasses nonsexual conduct, provided the behavior is unwelcome, is based on sex or sexual stereotyping, and has the effect of interfering with a student s ability to participate in or benefit from a school program, such as participation in athletics. Traditionally, courts have recognized two types of sexual harassment: quid pro quo and hostile environment sexual harassment. Where compliance is linked, either directly or indirectly, to a benefit or detriment (for example, increased playing time or increased bench time), the harassment is consider to be quid pro quo. Other forms of harassment generally fall into the hostile environment area. Harassment may include behavior between students, between staff and students, between staff, and may occur between members of the opposite sex or between members of the same sex Sexual Harassment Complaints. Sexual harassment complaints may be directed to the Title IX Coordinator or the Human Resources Director. Procedures for complaint, redress, and appeal are as follows: 1 NCAA Gender Equity in Intercollegiate Athletics Guide. (2008) National Collegiate Athletics Association: Indianapolis, p

8 6.4.1 Redress. Any employee or student athlete who feels that he/she has been discriminated against or harassed in the workplace or athletics program may seek redress. The procedures for redress following discrimination or harassment are progressive. The procedures for corrective action following complaints of discrimination and/or harassment are progressive and follow the guidelines for other disciplinary and corrective actions Informal Complaint. Individuals seeking redress for discrimination and/or harassment may choose to seek informal conflict resolution. To issue an informal complaint, the individual must approach her/his work supervisor or other impartial, ranking administrative official. All individuals involved, including the impartial administrative official will meet to discuss how the offending individual s actions are perceived. All individuals involved must identify ways to make positive changes in the workplace and strive to achieve those changes. Individuals seeking redress have the right to bypass the informal complaint procedure Formal Complaint. Individuals seeking redress for discrimination and/or harassment may issue a formal complaint if the issue cannot be resolved informally. A formal complaint must be issued in writing to the individual s direct supervisor. In cases which involve work supervisors harassing employees, the individual experiencing harassment may bypass the direct supervisor and issue a formal, written complaint to the Title IX Coordinator. Pursuing a complaint does not compromise one s right to seek legal action on the state and federal level for discrimination and/or harassment Disciplinary Action. Upon receiving a formal complaint of discrimination and/or harassment, the Title IX Coordinator and the Human Resources Director must thoroughly investigate the occurrence. If it is determined that discrimination and/or harassment has occurred or continues to occur, progressive disciplinary action must be taken following the policies and procedures for corrective action Non Retaliation. Any employee issuing a complaint regarding discrimination and/or harassment in the workplace or participating in the investigation of a discrimination and/or harassment complaint may do so without fear of retaliation. Notwithstanding this policy, the Department may issue corrective action to employees who abuse the complaint procedure by knowingly bringing false complaints. 6.5 Appeal. Individuals who have received a formal complaint of discrimination and/or harassment and received disciplinary action for discrimination and/or harassment may appeal the disciplinary action following the procedures for appeal of corrective action. When individual appeals a complaint of discrimination and/or harassment, the Department may involve an impartial appropriately ranked Institutional administrator, human resources officer, and/or Ombudsperson to facilitate the appeal process and ensure fairness to all parties involved. 8

9 6.5.1 Timeline for Appeal. To ensure the timely resolution of conflicts involving discrimination and/or harassment, employees who seek to appeal corrective action must do so within five working days of receiving notice of corrective action. 6.6 Privacy. The Title IX Coordinator and Human Resources Director shall maintain the privacy of the parties involved in the complaint within reasonable limits. 7.0 Gender Equity Complaints Beyond Sexual Harassment. The Department views all complaints regarding gender equity matters seriously. The Department encourages informal and formal feedback. The following procedure exists for gender equity complaints: 7.1 Informal Complaint. Individuals, teams, coaches, and administrators have the right to issue informal complaints regarding gender inequities to the Title IX coordinator. All individuals involved should identify ways to make positive changes toward gender equity and strive to achieve those changes. Individuals seeking redress have the right to bypass the informal complaint procedure. 7.2 Formal Complaint. Individuals, teams, coaches, and administrators have the right to issue formal complaints regarding gender inequities to the Title IX coordinator. A formal complaint must be issued in writing to the individual s direct supervisor. Pursuing a complaint does not compromise one s right to seek legal action on the state and federal level for discrimination and/or harassment. 7.3 Remediation for Complaints. Upon receiving a formal complaint regarding gender inequities, the Title IX Coordinator and the Human Resources Director must thoroughly investigate the complaint. If it is determined that a significant gender inequity exists, the reported inequity or inequities must be included immediately in strategic planning endeavors. 7.4 Non Retaliation. Any employee issuing a complaint regarding gender inequities in the workplace or participating in the investigation of a gender inequity complaint may do so without fear of retaliation. 9