Re: Title IX
I wrote the following letter to George Vescey yesterday of the NY Times, in response to his column
here. I doubt we'll all agree on my policy recommendations, but this my opinion.
-----
George,
I agree with you that capping football scholarships would be a significant step towards gender equity, and I agree that OCR needs to look more at the "creative bookkeeping." But I strongly disagree that a 60:40 male-female quota would bring about as much mischief as a 50-50 male-female quota, and I don't agree capping football scholarships should be the top priority in reform.
For evidence in support of my mischief claim, observe that this increase in shenanigans for providing female "opportunities" came about as female college enrollment increased, shifting the relevant quota from 50:50 male:female to one approaching 40:60 male:female in many schools (assuming big schools are seeking compliance via the proportionality prong of Title IX, as most do). If athletic directors faced a 60:40 male:female quota, I have no doubt that a much larger share of those female opportunities would be real opportunities rather than accounting tricks. I question whether these 40:60 male:female quotas make women better off relative to the 50:50 quota, because athletic directors are forced to waste resources creating phony opportunities for women that could be devoted to real opportunities.
Sensible interpretation and enforcement of Title IX, unlike the current three-prong interpretation that dates back to 1979, needs to abide by sensible definitions of "discrimination" and "opportunities" as follows:
-- Recruited "opportunities" that come with scholarships or preferential admissions treatment are entirely different from walk-on "opportunities." There is no doubt that the number of men and women interested in such recruited opportunities exceeds the number being of such opportunities offered at colleges. The relevant standard for discrimination for such opportunities is then 50-50. This standard would be easy to measure and easy to enforce: there is no way to fake these opportunities and no triple-counting of female athletes in cross-country, indoor track, and outdoor track. Unfortunately, so much focus of Title IX has been on ambiguous measures of participation opportunities being matched with enrollment gender ratios, and the Office of Civil Rights has failed to even ensure that women have as many athletic scholarships as men, despite the majority of women on campus today.
-- Walk-on "opportunities" are where the current third prong of accommodating the interests of students on campus matters. Here measures need to be taken to ensure that the quality and encouragement and support for walk-on opportunities are the same, and this is a trickier issue, but it's undoubtedly a lower enforcement priority than the goal of ensuring parity in the quality of recruited opportunities. If quality of walk-on opportunities are the same, and men are truly more interest than women at walking-on, then it's fine for there to be more male athletes. But to contrast with what you term the "male chat room", there is no sense in which men are "more interested" than women in full scholarships and preferential admissions to play college sports.
I've looked long and far for anyone matching my views for on improving Title IX as I suggest, and I've been disappointed again and again, which is why I'm compelled to write you. Unfortunately, Title IX propaganda is dominated by two extremes. On one end, there's the Women's Sport Foundation who wants participation and scholarships to be in proportion to the majority female enrollment on campus no matter what, which I believe discriminates against both male recruited and non-recruited athletes. On the other end, there's the College Sports Council who wants to use on-campus surveys to determine the gender ratio of both recruited and non-recruited athletes, which would undoubtedly lead to unfair discrimination of female recruited athletes.
Some of my ideas were inspired by reading the full transcripts and reports of Bush's Title IX commission while I was reporting on these issues as sports chair of the Harvard Crimson in 2003. The Title IX commission had some sensible discussion but suffered too much from the extremes of the WSF and CSC to lead to any recommendations as succinct as what I have just described. But anyone wanting to be informed on Title IX should re-read these discussions.
One of the most disappointing consequences of Title IX that I observed in the past decade was the University of Michigan choosing to add women's water polo instead of women's ice hockey, even though there is clearly more interest in ice hockey in the surrounding area. Again, the motivation was providing the cheapest opportunities possible for women, rather than doing what was right. While the Title IX interpretation and enforcement I describe won't guarantee that athletic programs wouldn't make the same mistake again, I do believe my recommendations are fairer and offer more flexibility than the status quo.