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DISCLAIMER This information is presented with the intent of providing accurate and informative materials of a general nature only. Because this office cannot engage in offering you legal or tax advice, we strongly encourage you to seek advice from your personal attorney and tax advisor based upon your unique situation.
Title IX Issues
Title IX Issues
Information provided by RFR, Karen Long, Attorney representing Stillwater Public Schools
Title IX Issues (Gender Equity in School Sports)
Title IX of the Education Amendments of 1990 provides: “No person in the United State 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 regarding federal financial assistance.”
· There are two prongs to Title IX: participation rates; benefits and services
o Booster club issues arise with benefits and services
o School districts must ensure that equivalent benefits and services are provided to both sexes in athletic programs
o This does not require identical benefits and services
o The fundamental premise: If booster clubs provide benefits and services to athletes of one sex that are greater than what the school is providing to athletes of the other sex, then the school must take steps to ensure that the benefits and services are equivalent for both sexes
o Stillwater Public Schools may not use lack of its own funds to justify failure to insure similar benefits to boys and girls
o The district must assure that areas such as equipment, uniforms, coaches, travel, and facilities are provided on an equivalent basis regardless of booster club funding and the resulting benefits and services must be equivalent for both sexes.
o Illustrative problem areas include, but are not limited to:
§ Paying for out-of-state travel by booster clubs of a male sport but not a female sport
§ Paying for certain tournament entry fees for a male sport and not a female sport
§ Food for athletes of only the football team
§ Coaches of male teams receiving extra compensation that is not available for coaches of female teams
§ Booster club donations may involve monetary or nonmonetary donations
o Relevant Stillwater Public Schools staff are required to constantly monitor funds or contributions whether monetary or non-monetary
o All coaches must notify the site athletic director of all donations and contributions whether monetary or nonmonetary – this includes services of volunteer or lay coaches
o Stillwater Public School District athletic directors must monitor the equitable distribution of funds
o The district has a legal duty to track contributions from outside sources, including booster clubs and individual boosters.
· Title IX Summary
Under Title IX, all donations (money or in-kind contributions) must be monitored by the school district and boosters, and booster clubs must cooperate with monitoring.
The Stillwater Public Schools has the ultimate responsibility for Title IX compliance. In cases on non-compliance, the argument that a booster club provided funding that the District could not is not a legal defense. Title IX compliance encompasses the areas of trips, camps, facilities, equipment, coaches, uniforms, meals, tournaments, banquets, student awards, and letter jackets.
Stillwater Public Schools is committed to equal opportunity for male and female student athletes to include participation opportunities and equal treatment and benefits, and shall comply with Title IX of the Education Amendments of 1972.
The school district's Director of Human Resources has been designated as the Title IX Coordinator. The Title IX Coordinator oversees the district's compliance with Title IX and handles inquiries or reporting of possible gender inequity or inequality with respect to the school district's sports offerings. Any individual may report a violation of Title IX by completing a Discrimination Grievance Complaint Form and then submitting it to the Title IX Coordinator at:
Director of Human Resources
Stillwater Public Schools
314 South Lewis
Stillwater, OK 74074
405-533-6300
hrdirector@stillwaterschools.com
More information about school board policies related to Title IX can be found at:
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