Page 40 - Athletic Health Handbook
P. 40
To determine whether a school expansion . . . whether it can be deliver winning teams, and often
provides equal athletic opportunity, demonstrated that the interests are paid bonuses if they produce
the regulations state that it must and abilities of the members teams that win championships.
be determined “whether the selection of that sex have been fully and
of sports and levels of competition effectively accommodated by Overall spending on athletics
effectively accommodate the interests the present program. has grown by double digits over
and abilities of members of both the last decade, and institutions see
sexes.” Compliance is measured in The first prong of the test is not athletics as an essential marketing
three areas that directly have an impact a required method of compliance, tool. Indeed, early fears about Title
on the student-athlete experience: but is instead a “safe harbor” for IX bringing an end to men’s football
institutions which demonstrate they and basketball programs have not
Ⅲ Athletic scholarships meet the standard. Most schools, been realized. Athletic departments
Ⅲ Other program areas (such in fact, choose to comply through spend record amounts on such
prongs two or three. Every court programs—in most cases spending
as scheduling of practices and to consider the issue has held that much more than the programs bring
games and facilities) the three-part test is constitutional. in—and government and NCAA
Ⅲ Accommodating the interests data show that overall men’s sports
and abilities of male and While Title IX’s equality mandate opportunities have steadily grown
female students itself has been defined and upheld since the passage of Title IX,
through the statute’s implementing especially in sports such as soccer
Effective accommodation regulations and case interpretations, and lacrosse.
of male and female students’ the content of that equality mandate
interests and abilities with respect is left to be defined by the institutions Thus, despite the fears and
to participation opportunities sponsoring athletic programs. That rhetoric, Title IX has not diminished
is measured by compliance with is, Title IX requires that men and men’s sports opportunities.
what is known as the “three-part women be treated equitably in the However, it also has not done
test,” which provides that an provision of athletic opportunities, anything to end what many argue
institution effectively accommodates but it says nothing about what those is the over-commercialization of
the interests and abilities of its male opportunities should look like. education-based sports programs and
and female students if it meets any the exploitation and overtraining of
one of three benchmarks: This enormous deference to the student-athletes who participate.
institutions to define the content
1. Whether intercollegiate level of their athletic programs means Accordingly, as we reflect on
participation opportunities for that while many institutions have Title IX’s 40th anniversary, the
male and female students are had to change the number of athletic sports medicine community should
provided in numbers substantially opportunities they provide to consider its role in helping to shape
proportionate to their respective women, they by and large have the discussion around athletics in our
enrollments; or not changed the model for sports educational institutions. In doing so,
that predominates in intercollegiate sports medicine physicians can bring
2. Where the members of one sex sports programs. This model often an important voice to the debate
have been and are underrepresented preferences highly-skilled athletes over how best to craft athletics
among intercollegiate athletes, and has as a goal winning and programs so that the students of the
whether the institution can show commercial appeal over student- future—both male and female—
a history or continuing practice athletes’ academic success. This have the opportunity to engage
of program expansion which is is evidenced by schools spending in sports not just to support
demonstrably responsive to the ever-increasing amounts to recruit the commercial interests of the
developing interest and abilities elite athletes, including female institution, but for the substantial
of the members of that sex; or athletes, for their athletic programs health and social benefits that we
and subjecting them to training know sports participation provides.
3. Where members of one sex regiments that rival those of
are underrepresented among professional athletes. Athletic
intercollegiate athletes and directors are under pressure to
the institution cannot show a
continuing practice of program

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