Attachment D
HELEN GRANT CONSULTING,
LLC
TITLE IX COMPLIANCE REPORT
FOR
CENTRAL WASHINGTON
UNIVERSITY
Prepared By
Helen Grant, Consultant
Jamie Sagehorn, Consultant
OCTOBER, 2011
4 0 1
TAY L O R
P H O N E :
T R A I L
WAV E L A N D ,
2 2 8 - 6 7 1 - 1 4 8 9
M I S S I S S I P P I
3 9 5 7 6
E M A I L : H G R A N T 1 1 2 3 @ AO L . C O M
INTRODUCTION
The following report was prepared by HELEN GRANT CONSULTING, LLC,
for CENTRAL WASHINGTON UNIVERSITY (CWU) in Ellensburg, WA.
The report addresses the compliance status of CWU with the athletic provisions of
Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. Sections
1681 et. seq., and its implementing regulation at 34 C.F.R. Part 106. As a means
of assessing compliance, HELEN GRANT CONSULTING, LLC, followed the
Policy Interpretation on Intercollegiate Athletics issued by the Office for Civil
Rights (OCR) on December 11, 1979, 44 Fed. Reg. 71413 et. seq. (1979),
subsequent policy clarifications, legal precedent (where applicable) and OCR
practices.
The findings were made for the 2010-2011 academic year, unless
otherwise indicated.
Preliminary to the review, CWU provided specific data
requested by HELEN GRANT CONSULTING, LLC. During the onsite portion
of the review (October 24-26), CWU athletic facilities were reviewed, and all head
coaches, appropriate CWU administrators, support staff and men and women
student-athletes from all teams were interviewed. The conclusions reached herein
are based on these data alone.
CWU is an NCAA Division II member and a member of the Great Northwest
Athletic Conference (GNAC) and is subject to the rules and regulations of both
organizations. As a recipient of federal financial assistance, CWU is required to
comply with Title IX.
2
I. EFFECTIVE ACCOMMODATION OF STUDENT INTERESTS AND ABILITIES
A. Regulatory Requirement
The regulation requires institutions to accommodate effectively the interests and abilities of
students to the extent necessary to provide equal opportunity in the selection of sports and levels
of competition. [34 C.F.R. Section 106.41(c)(1)]
B. Selection of Sports
CWU offered thirteen (13) varsity intercollegiate teams, six (6) for men and seven (7) for women
in 2010-2011. These teams and the number of participants on each in 2010 - 2011:
SPORT
Baseball
Basketball
Football
Softball
Cross Country
Track-Indoor
Track-Outdoor
Volleyball
Soccer
TOTAL
MEN
PARTICIPANTS
36
16
109
NA
12
20
41
NA
NA
234
WOMEN
PARTICIPANTS
NA
16
NA
34
18
44
42
23
28
205
Participants are defined in the Policy Interpretation of 1979 as those athletes:
a. Who are receiving the institutionally-sponsored support normally provided to athletes
competing at the institution involved, e.g., coaching, equipment, medical and training
room services, on a regular basis during a sport’s season; and
b. Who are participating in organized practice sessions and other team meetings and
activities on a regular basis during a sport’s season; and
c. Who are listed on the eligibility or squad lists maintained for each sport; or
d. Who, because of injury cannot meet a., b., or c. above but continue to receive
financial aid on the basis of athletic ability.1
1
This refers to medical redshirts or otherwise injured participants but not medical exemptions who no longer
practice or participate and whose grants-in-aid are not countable in the number allowed by the NCAA for a sport.
3
This definition is reinforced in OCR’s “Clarification of Intercollegiate Athletics Policy
Guidance: The Three-Part Test” dated January 1996. The “Clarification” adds:
Under this definition, OCR considers a sport’s season to commence on the date of a
team’s first intercollegiate competition. As a general rule, all athletes who are listed on a
team’s squad list or eligibility list and are on the team as of the team’s first competitive
event are counted as participants by OCR. In determining the number of participation
opportunities for the purposes of the interests and abilities analysis, an athlete who
participates in more than one sport will be counted as a participant in each sport in which
he or she participates.
In determining participation opportunities, OCR includes, among others, those athletes
who do not receive scholarships (e.g., walk-ons), those athletes who compete on teams
sponsored by the institution even though the team may be required to raise some or all of
its operation funds,2 and those athletes who practice but may not compete.3
The number of participants was established during interviews with the head coaches.
Specifically, participants are:
(1) those individuals whose names appear on the NCAA official eligibility lists at the time of
the first competition;
(2) those individuals whose names are added to the NCAA official eligibility lists after the
first competition during the season;
(3) those individuals who practice and/or compete during the regular season;
(4) those individuals who receive athletic financial assistance who are red-shirted for medical
or other reasons but have eligibility remaining;
(5) those individuals who have been dismissed from the team for disciplinary or other
reasons but continue to receive athletic financial assistance and are eligible to compete
under NCAA rules;
(6) those individuals who enroll and/or practice during the spring nontraditional or “other”
seasons and receive athletic financial assistance for that period.
2
This refers only to varsity intercollegiate sports, not club sports that are a lower level of completion.
This does not include male practice players on women’s teams. Male practice players do not meet some of the
criteria of a participant and are not eligible to compete in women’s sports.
3
4
Participants are not:
(1) those who are fifth-year students whose eligibility has expired but still receive athletic
financial assistance;
(2) those who are medically exempt, i.e., who receive athletic financial assistance but cannot
participate because of career-ending injuries;
(3) those who enroll and/or practice during the nontraditional or “other” seasons unless they
receive athletic financial assistance for the period;4
(4) those who try out and quit or are cut prior to the first contest of the regular season.
This definition of participants is based on the Policy Interpretation of 1979, the “Policy
Clarification of 1996: The Three-Part Test” and subsequent OCR practices.
C. Compliance Standard (Three - Part Test)
Compliance with the effective accommodation of interests and abilities section of Title IX is
assessed in any one of three ways; i.e., if any one of the following three tests is met, the
University will comply with Title IX in the area of interests and abilities.
1. "Whether intercollegiate level participation opportunities for male and female students are
provided in numbers substantially proportionate to their respective enrollments."
(a) Full-time Undergraduate Male Students:
Full-time Undergraduate Female Students:
4,739
4,770
9,509
49.8%
50.2%
The above enrollment is for the fall semester of 2010.
Male Participants
Female Participants
234
205
439
53.3%
46.7%
Non-traditional or “other seasons” are practice times when very limited competition is allowed, but not required,
for certain sports prior to (lacrosse, softball and baseball) or after (soccer and volleyball) the NCAA championship
seasons when competition is required. Teams allowed to have outside competition during this period often compete
against lower level or non-NCAA opponents if they compete at all, and there are no requirements that officials be
certified, official records maintained, etc. In Division I, walk-ons are usually allowed at this time and may or may
not be in pre-season practice prior to the championship or regular season.
4
5
(b) There is a 3.5% difference between the participation rates of male and female studentathletes and the enrollment rate of male and female students. This difference is
significant and represents approximately 35 participants. CWU does not provide
intercollegiate level participation opportunities for male and female student-athletes in
numbers substantially proportionate to the enrollment of male and female students.
2. “Where the members of one sex have been and are underrepresented among intercollegiate
athletes, whether the institution can show a history and continuing practice of program
expansion which is demonstrably responsive to the developing interests and abilities of the
members of that sex;”
The women’s teams at CWU began intercollegiate competition on the following dates:
SPORT
Basketball
Outdoor Track
Volleyball
Cross Country
Soccer
Softball
Indoor Track
YEAR
1901-14; 1957
1967
1970’s
1977
1987
1993
2001
Women’s sports began in 1901/1957 with basketball. Women’s sports continued to be added in
ten year increments (outdoor track, cross country, soccer) until 1993 when softball was added. In
2001 indoor track was added. Volleyball was added during the 1970’s. The exact date could not
be determined. There is a history of program expansion (adding women’s sports); however, the
criterion is that there also be a continuing practice of program expansion in addition to the
established history. Evidence of a continuing practice is a sport for the underrepresented sex to
be added by a date certain. It has been ten years since the last sport was added, and there are no
current plans to add a women’s sport.
Even though there is a history of adding women’s sports, several sports have been eliminated at
CWU (field hockey, golf, swimming & diving, and tennis). Because of the elimination of
women’s sports and the lack of a plan to add a women’s sport, a history and continuing practice
of program expansion cannot be established.
3. “Where the members of one sex are underrepresented among intercollegiate athletes, and the
institution cannot show a continuing practice of program expansion such as that cited above,
whether it can be demonstrated that the interests and abilities of the members of that sex have
been fully and effectively accommodated by the present program.”
In making this determination, three factors are considered:
(a) Unmet interest in a particular sport.
6
(b) Sufficient ability to sustain a team in the sport.
(c) A reasonable expectation of competition for the team.
If all three factors are met, a team must be added or noncompliance results.
There are several indicators of interest:5
(a) Requests by students that a sport be added - There have been no requests.
(b) Requests that an existing club sport be elevated to intercollegiate team status – There
have been no requests.
(c) Participation in particular club and intramural sports – The information provided for 2010
- 2011 indicates that the club sports offered at CWU that are not already offered for
women at the varsity level are:
SPORT
Bowling
Equestrian
Rodeo
Swimming
Tennis
Water Polo
Lacrosse
Rugby
# OF
PARTICIPANTS
8
32
24
18
14
24
17
38
VARSITY
STATUS
NCAA
NCAA Emerging
Non-NCAA
NCAA
NCAA
NCAA
NCAA
NCAA Emerging
All intramural sports for women are varsity sports at CWU (volleyball, soccer and
basketball) or are recreational sports (i.e., flag football, dodge ball, pickle ball, etc.)
In the 2010-2011, 23.5% of all intramural participants were women and 76.5% were men.
(d) Interviews with student-athletes, coaches, administrators, and others regarding interest in
particular sports – During our review, we discussed potential varsity sports with the studentathletes, coaches of women’s sports and administrators we interviewed. The only sport
mentioned by the student-athletes was women’s rugby (four student-athletes).
(e) Participation in particular interscholastic sports by admitted students – This information is
unknown; however, there are several sports offered at the interscholastic level in Washington
but not at the intercollegiate level at CWU. The sports and participation rates are as follows:
SPORT
Bowling
Golf
5
# Of High
School Teams
60
239
Source: Office for Civil Rights (OCR) Policy Clarification of 1996
7
# Of Female
Participants
1152
2327
Gymnastics
Wrestling (non
NCAA)
Swimming & Diving
Tennis
73
176
1888
922
153
246
4339
7649
All of the sports listed above are NCAA championship sports for women except
wrestling.
(f) Results of questionnaires of students and admitted students regarding interest in
particular sports – CWU has not conducted interest surveys.
The second factor in determining whether there is unmet interest in a sport is whether there is
sufficient ability to sustain a team. CWU recruits for student-athletes, male and female. Because
of recruitment, when there is unmet interest, sufficient ability can be presumed unless the normal
recruitment area is insufficient to sustain a team. CWU coaches recruit regionally (Washington,
Oregon, Montana, Idaho and California).
The third factor to be considered in determining unmet interest is whether there is reasonable
expectation of competition for a particular team in CWU’s normal competitive region or in the
geographical area in which CWU is located. There is significant, available, competition in
Division II in the region for women’s golf (California, Colorado, Utah, Minnesota and South
Dakota) and minimal completion in women’s swimming/diving [California, Colorado and
Washington (1 program)], rowing [California (2 programs) and Washington (2 programs)] and
water polo [California (8 programs)].
It cannot be demonstrated that CWU is meeting the interest and abilities of women students by
the present program.
D. Recommendations/Comments
1. CWU does not meet the second test (history and continued practice of program
expansion) because no sports for women have been added in ten years, there is no plan to
add a women’s sport with a date certain and CWU eliminated women’s field hockey,
golf, swimming & diving, and tennis.
2. It cannot be determined that CWU meets the third test because there are indicators of
interest (i.e., high school and competitive region competition) in other women’s sports.
There is a significant interest and competition available, in women’s golf and minimal
interest in swimming/diving, rowing and water polo.
3. We recommend the following roster management program that, if strictly enforced, will
result in compliance with the first test:
8
SPORT
Baseball
Basketball
Football
Soccer
Softball
Track: XC
Indoor
Outdoor
Volleyball
TOTAL
RECOMMENDED
MEN
PARTICIPANTS
33
16
100
NA
NA
12
20
30
NA
211
D II
NCAA
AVG
34.9
16.2
101.7
NA
NA
12.3
33.6
31.2
NA
RECOMMENDED
WOMEN
PARTICIPANTS
NA
18
NA
28
25
25
45
45
18
204
D II
NCAA
AVG
NA
14.6
NA
24.2
18.6
11.6
27.7
25.9
14.4
The above recommended maximums for men’s sports and minimums for women’s sports
would result in the following:
Full-time Undergraduate Male Students:
4,739 (49.8%)
Full-time Undergraduate Female Students: 4,770 (50.2%)
9,509
Male Participants
Female Participants
211
204
415
(50.8%)
(49.2%)
This would reduce the disparity between female participant rates and female enrollment rates
to 1%, which is approximately 9 participants.
9
II. ATHLETIC FINANCIAL ASSISTANCE (SCHOLARSHIPS)
A. Regulatory Requirement
Institutions must provide reasonable opportunities for awards of financial assistance for members
of each sex in proportion to the number of students of each sex participating in athletics.
[34 C.R.F. Section 106.37(c)]
B. Policy Interpretation
The Policy Interpretation of 1979 clarifies that compliance will be determined by means of a
financial comparison which considers whether proportionately equal amounts of financial
assistance (scholarship aid) are available to the men’s and women’s program. This is done by
totaling the amounts awarded to each sex and comparing the ratio of men and women
participating in the intercollegiate athletics program. Participants are counted only one time
although some may compete in two and three sports; hence, the participation rate will differ for
some sports from the participation opportunities rate found in the previous section.6
C. The “Bowling Green Letter”
On July 23, 1998, OCR issued a letter to the General Counsel of Bowling Green University in
response to a request concerning allowable differences between the rates of participation and the
rates of the awards of athletic financial assistance. OCR took the position in this letter that a
difference in excess of 1% must be justified by nondiscriminatory reasons or a violation of 34
C.F.R. Section 106.37(c) resulted. This was a marked change from the previous years when
statistical tests were required to determine if differences were significant. The "Bowling Green
Letter" has been distributed to all schools as current OCR policy.
D. Assistance Awarded to Each Team and Modified Participant Count
SPORT
Baseball
Basketball
Football
Soccer
Softball
Track/XC
Volleyball
TOTALS
MEN
AMOUNT
$ 48,506.00
91,100.00
279,372.00
NA
NA
23,900
NA
$442,878.00
MEN
PART.
36
16
109
NA
NA
44
NA
205
WOMEN
AMOUNT
NA
137.761.00
NA
62,252.00
48,506.00
56,534.00
117,427.00
$422,480.00
WOMEN
PART.
NA
16
NA
28
36
48
23
151
E. Differences Between Participation and Award Ratios
6
There were none multiple sports participants in the men’s program, two in the women’s program.
10
The total amount of athletic financial assistance awarded in 2010-2011 was $ 865,358.00. Men
represented 57.6% of the participants and received 51.2% of the awards. Women represented
42.4% of the participants and received 48.8% of the awards. There is a difference of 6.4%
favoring the women’s program. That difference is significant.
Summer school aid is considered under this section but is not part of the above comparison. The
only criterion for compliance in this area is that access to summer school be equal. Summer
school financial assistance is not available to any team.
F. Conclusion
1. Athletic grants-in-aid to women’s teams are 5.4% above the allowable 1% difference
between the rates of awards and the rates of participation allowed by OCR policy.
OCR considers this discrimination unless it can be proven the difference above 1% is
based on nondiscriminatory factors.
2. CWU does not provide the NCAA Division II maximum number of grants for any
men’s or women’s sport. For the men’s sports offered at CWU there would a
maximum of 67.6 grants that could be awarded to participants. CWU awarded 28.39
awards to men participants which is 42% of the maximum. For the women’s sports
offered there would be a maximum of 47.7 grants available for female participants.
CWU awarded 28.84 grants which is 60.5%. We recommend that CWU increase
athletic aid awarded to men participants.
3. CWU does not comply with 34 C.F.R. Section 106.37 (c).
11
III. EQUAL OPPORTUNITY AND THE EQUIVALENCE STANDARD:
THE REMAINING COMPONENTS OF TITLE IX
A. Regulatory Requirement
[34 C.F.R. Section 106.41(c)]
Institutions must provide equal athletic opportunities for members of both sexes. In determining
whether an institution is providing equal opportunity, several factors must be considered.
“Unequal aggregate expenditures for members of each sex or unequal expenditures for male and
female teams … will not constitute noncompliance…, but the Assistant Secretary (for Civil
Rights of the U. S. Department of Education) may consider the failure to provide necessary
funds for teams for one sex in assessing equality of opportunity for members of each sex.”7
B. Policy Interpretation
Equality of opportunity is assessed by comparing the availability, quality and kinds of benefits,
opportunities and treatment of both sexes under each factor or component. If the components are
found to be equivalent, then the institution will be in compliance. Equivalence means equal or
equal in effect. Under the equivalence standard, identical benefits, budgets, opportunities, or
treatment are not required, provided the overall effect of any difference does not have a disparate
impact on one sex.
C. The Factors/Components
1. The Provision of Equipment and Supplies
[34 C.F.R. Section 106.41(c)(2)]
a. Quality and Suitability
The equipment and supplies provided to all teams were suitable for the various sports and rated
as improved to good.
b. Amount and Availability
Participants on all teams are provided the basic equipment and supplies necessary to practice and
compete. Participants on all teams must furnish some items:
7
The Title IX regulation at 34 C.F.R. Section 106.41(c).
12
MEN’S TEAMS
Fielding gloves, batting
gloves, bats and sweats.
Basketball
Nothing
Football
Cleats, running shoes, and
cold weather under
garments.
Cross Country/Track Shoes, warm-ups, practice
clothes, sweats and socks
Soccer
NA
SPORT
Baseball
Softball
Volleyball
WOMEN’S TEAMS
NA
Socks and sports bras.
NA
Same as men plus sports bras.
Sports bras, shin guards,
warm-ups, cleats, running
shoes, sweats and game warmup shirts.
NA
NA
c. Maintenance and Replacement
There is one full-time equipment manager whose primary function is to laundry game uniforms
and practice uniforms for some sports. She is assisted by one student manager who works
primarily with football. The main equipment/laundry facility is in the Nicholson Pavilion (the
Pav). The head or designated assistant coaches of all sports do all of the ordering/purchasing of
equipment. Student managers are hired by the head coaches. Equipment for volleyball
(volleyballs, stands and ball baskets) are stored in a small room in the “main gym.” Volleyball
has additional storage in a hall closet that they share with soccer. Soccer has a storage shed at
the stadium for large equipment storage. Equipment for softball is stored at the softball stadium.
Men’s and women’s cross country/track are provided storage at the football/track stadium and
storage closet in the Pav. Men’s and women’s basketball and football store apparel in the main
equipment/laundry room. Football has additional equipment storage at the football stadium.
Softball and baseball share a storage closet at the Pav and each have storage sheds at their
respective stadiums.
Laundry facilities are provided in the Nicholson Pavilion. Competition and practice uniforms are
laundered by the equipment manager and her assistant for all sports except cross country/track.
Recommendations/Comments
1. Men’s basketball is the only team that receives all equipment and supplies
necessary for practice and competition. We recommend that women’s basketball
be provided sports bras and socks which will make this area equivalent.
2. Scheduling of Games and Practice Times
13
[34 C.F.R. Section 106.41(c)(3)]
a. The Number of Regular Season Competitive Events per Sport in 2010-2011:
SPORT
Baseball
Basketball
Cross Country
Football
Soccer
Track
Softball
Volleyball
MEN
46
26
7
10
NA
18
NA
NA
NCAA MAX.
50
26
7
10
NA
18
NA
NA
WOMEN
NA
25
7
NA
18
18
55
24
NCAA MAX.
NA
26
7
NA
18
18
56
26
All men’s and women’s teams competed in the maximum number of permitted contests or one
less except for volleyball and baseball. The Head Baseball Coach stated that he scheduled the
maximum number of games but lost two double-headers due to snow. The Head Volleyball
Coach stated that there was not enough time between the non-conference competition time
period and the conference competition time period to schedule the additional non-conference
games.
b. The Number and Length of Practice Opportunities and the Time of Day Practice
Opportunities are Scheduled
The number of practice opportunities and the length (per week) are governed by NCAA rules.
Practice times are based on class schedules and access to facilities. All teams practice at the
most desirable times possible. Men’s and women’s basketball and volleyball share court time in
Nicholson Pavilion. The coaches work together to schedule practice times. The volleyball team
is given priority for scheduling practice times during their season.
c. The Time of Day Competitive Opportunities are Scheduled
Competition is scheduled seven days a week at various times of the day or evening depending on
the sport. Neither coaches nor women participants had any complaints about the time of day
competition opportunities are scheduled.
d. The Opportunities to Engage in Pre-Season and Post-Season Competition
The following teams had the opportunity to compete in pre-season, "other" season, or
nontraditional season competition:
SPORT
MEN
# EVENTS
# ALLOWED
BY NCAA
14
WOMEN
# EVENTS
# ALLOWED
BY NCAA
Baseball
SPORT
Basketball
Softball
Volleyball
Soccer
0
MEN
# EVENTS
0
NA
NA
NA
No Limit8
# ALLOWED
BY NCAA
2
NA
NA
NA
NA
WOMEN
# EVENTS
0
1
4
2
NA
# ALLOWED
BY NCAA
2
No Limit9
4
5
All men’s and women’s teams competed in the maximum number of competitive events allowed
during these times except men’s and women’s basketball (2 less) and soccer (4 less). The Head
Women’s Soccer Coach stated that competition was limited in the non-traditional segment due to
travel budgets but stated that the number of tournaments played in the spring was sufficient.
All men’s and women’s teams or individuals that qualify for post season are allowed to compete.
The men’s basketball team and softball team were the only teams to compete in an NCAA
Regionals in 2010-2011. As for individual sports, one women’s indoor track and two women’s
outdoor track student-athletes participated in the NCAA National Championship. Both men’s
and women’s cross country teams participated in the NCAA West Regional.
e. Recommendations/Comments
1. We recommend that travel budget for soccer be reviewed and adjustments made so that
they can schedule the maximum number of contests during the non-traditional season
(soccer).
2. There were no other problems in this area.
3. Travel and Per Diem Allowances
[34 C.F.R. Section 106.41(c)(4)]
a. Modes of Transportation
Below is the total number of trips by mode of transportation for all men’s and women’s teams
during the regular seasons and the Conference Tournaments. The sources of the information are
the travel data and interviews with coaches and participants. The men’s and women’s cross
country/track teams are excluded from this analysis because both teams traveled together to
competition. They travelled by bus on twenty-one trips.
MODE
Air
Bus
8
9
MEN # OF TRIPS
5.5
15.5
WOMEN # OF TRIPS
11
23
NCAA Division II institutions are permitted a total of 56 baseball contests in the combined fall and spring seasons.
NCAA Division II institutions are permitted a total of 56 softball contests in the combined fall and spring seasons.
15
Van
1
0
There are no substantial differences in the modes of transportation and no complaints made by
coaches or participants.
b. Housing Furnished During Travel
When overnight travel is required, each team stays in good lodging establishments selected by a
member of the coaching staff or an administrator, but typically a GNAC Conference “preferred”
establishment. Participants share rooms. Men’s basketball and football are the only two sports
that assign only two participant per room. The remaining men’s sports (baseball-4 and track-3)
assign three-four participants per room. All women’s teams assign three – four participants per
room (basketball-4, soccer-3, softball-3 and volleyball-4).
c. Length of Stay Before and After Competitive Events
Teams arrive either the day before or in sufficient time to warm up prior to a competitive event,
depending on the distance to be traveled, and leave immediately after the event in order to return
to campus.
d. Dining Arrangements and Per Diem Allowances (Meal Costs) for Each Team
All teams eat either as a group, paid by the coaches, or are given a per diem allowance ($28.00).
All participants stated that they were provided sufficient meals of good quality.
e. Recommendations/Comments
1. The head coaches that assigned four participants per room stated that it was because of
limited travel budgets. We recommend that travel budgets for women’s sports be
reviewed and adjustments made to allow at least two women’s teams to assign 2
participants per room, one per bed.
2. There were no other problems in this area.
4. Opportunity to Receive Coaching and the Assignment and Compensation of Coaches
[34 C.F.R. Section 106.41(c)(5-(6)] 10
a. Availability of Coaching Personnel in 2010-2011
10
While Opportunity to Receive Coaching and Academic Tutoring [34 C.F.R. Section 106.41(c)(5)] and the
Assignment and Compensation of Coaches and Tutors [34 C.F.R. Section 106.41(c)(6)] are separate in both the Title
IX regulation and the Policy Interpretation, the above combination significantly simplifies the review of each.
16
Below is a chart comparing the current full-time, part-time and graduate assistant coaches for
men’s and women’s teams. The men’s and women’s cross country/track coaches are excluded
because they are combined under one coaching staff. There are 3 full-time coaches, 2 part-time
coaches and one volunteer coach.
SPORT
Baseball
Basketball
Soccer
Football
Softball
Volleyball
MEN’S
1 FT, 1 PT, 1GA
2 FT, 1 GA
NA
4 FT, 2 PT, 2 GA
NA
NA
WOMEN’S
NA
2 FT, 1 PT, 1 VOL
1 FT, 1 GA
NA
1 FT, 2 PT, 1 VOL
2 FT, 1 VOL
No limits are placed on the number of coaching personnel in Division II. No concerns were
expressed by any of the coaching staff or student-athletes about the coaches’ availability.
b. Assignment (Qualifications) and Compensation of Coaches
The men’s and women’s cross country/track teams are also excluded from this analysis. All
coaches are qualified, most having participated at both the high school or club and college levels
in the sport they coach. While some coaches have coaching experience at the high school or
other levels, the average number of years of experience at the college level for coaches of men's
sports is 16.8 years and the average for women's sports is 11.54 years. This is not significant.
In order for there to be a violation of Title IX with respect to coaching salaries, there must be a
difference in the availability of coaches or the qualifications of coaches, and the difference must
be shown to have a disparate impact on women student-athletes. There is no problem in the
availability of coaches. Also, if there is some problem with respect to the delivery of coaching
services to the student-athletes, Title IX jurisdiction can be asserted in this area. There were no
concerns stated by student-athletes during the on-campus interviews. Otherwise, coaching
salaries would fall under other federal laws: the Equal Pay Act, the Fair Labor Standards Act and
Title VII of the 1964 Civil Rights Act.
c. Recommendations/Comments
The Opportunity to Receive Coaching and the Assignment and Compensation of
Coaches is equivalent.
5.
Opportunity to Receive Tutoring and the Assignment and Compensation of Tutors
[34 C.F.R. Section 106.41(c)(5)-(6)
a. Procedures, Tutor Qualifications, Compensation and Availability
There is no structured academic support area at CWU. The student-athletes work with the
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academic support program on campus to access tutoring.
b. Recommendations/Comments
The Opportunity to Receive Tutoring and the Assignment and Compensation of Tutors is
equivalent.
6. Provision of Locker Rooms, Practice and Competitive Facilities
[34 C.F.R. Section 106.41(c)(7)]
LOCKER ROOMS
a. Quality and Availability
Men’s and women’s basketball, volleyball, football, soccer, softball and baseball, and men’s and
women’s track are provided locker rooms for their exclusive use in Nicholson Pavilion. All
locker rooms were rated by head coaches and participants as good to excellent.
PRACTICE AND COMPETITIVE FACILITIES
b. Quality, Availability and Exclusivity of Use and the Maintenance and Preparation of the
Facilities for Practice and Competition
Below is a list of the facilities for each team. The quality and the maintenance and preparation
are evaluated by the head coaches and women participants.
SPORT
FACILITY/
QUALITY
AVAILABILITY/
MAINTENANCE &
EXCLUSIVE
PREPARATION
USE
Exclusive use.
Maintenance and Preparation
by coaches and participants.
Baseball
CWU Baseball Field/Field
surface-Good; Stadiumadequate.
Basketball
Men and
Women
Nicholson Pavilion/Good by
both head coaches.
Share with
volleyball,
intramurals and
Phys. Ed. classes.
Football
Tomlinson Field/3rd or 4th best
in the GNAC.
Share with men’s
and women’s
track.
FACILITY/
Maintenance by CWU facility
custodians/Good.
Preparation by Head
Equipment Manager/Good.
Maintenance by CWU
grounds. Preparation by Head
and Assistant Equipment
Manager/Good.
AVAILABILITY/
MAINTENANCE &
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SPORT
QUALITY
Soccer
CWU Soccer Field/Improved.
Softball
Frederick Field/Good
Fieldhouse for practice/Good
Cross
Country/Track
Men & Women
Tomlinson Stadium/Good.
Track needs resurfacing.
Volleyball
Nicholson Pavilion/Good
EXCLUSIVE
USE
Exclusive use.
PREPARATION
Maintenance and Preparation
by coaches and participants.
Exclusive use of
Maintenance and Preparation
softball field, Must by coaches and participants.
share field house
for indoor practice
with all outdoor
sports
Exclusive use of
Maintenance by CWU
track but share
Grounds/Good. Preparation
stadium with
by coaches and participants.
football.
Shares with men’s Maintenance by CWU
and women’s
Custodians/Good.
basketball
Preparation by Head
Equipment Manager/Good.
c. Recommendations/Comments
1. The Provision of Locker Rooms, Practice and Competitive Facilities is equivalent.
2. Additional concern that, at this time, is not a Title IX issue but an athletic administration
issue. Nicholson Pavillion is used by intramural sports and HPE&R department classes.
This arrangement is causing scheduling conflicts with men’s and women’s basketball and
volleyball practices. In addition, track participants do not have an indoor facility for
practice during inclement weather. There is a new University Recreation Center has
several courts and an indoor track surface. While Nicholson was built as a multi-purpose
arena, it appears that the classes and intramurals could be conducted at the new recreation
center. We also feel that the indoor track should be offered for the track team to train on
when the weather is too bad for them to be outside. The head track coach will need to
schedule times when a few athletes at a time would be in there and not have the whole
team there at once.
3. We recommend that the Athletics, Health and Physical Education and Recreation
Departments evaluate the facility usage schedules for both Nicholson and the University
Recreation Center. In the operation of an athletics department it is imperative that
facilities are available for practice and competitions at all times. Student-athlete practice
and competition schedules should only be limited by their class schedules and
studying/tutoring sessions.
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7. Provision of Medical and Training Facilities and Services
[34 C.F.R. Section 106.41(c)(8)]
a. Health, Accident and Injury Insurance Coverage
Primary coverage on all student-athletes is through their parents' or student health insurance. At
whatever point the primary coverage stops, the Athletic Department's secondary coverage
begins. If a student-athlete has no coverage, the Athletic Department pays the entire cost
through its own insurance. No student-athlete pays any costs.
b. Availability and Quality of Weight and Conditioning Facilities
CWU has a strength and conditioning facility located at Nicholson Pavilion. The coaches and
participants of all sports rated the facility as good but crowded at times.
CWU does not have a full-time strength and conditioning coaches. There are two graduate
assistants (GA) who work with participants. One GA (female) works with all the women’s
teams and the other GA (male) works with the men’s teams except men’s and women’s track.
The track coaches supervise the track participants in the weight room.
c. Availability and Quality of Training Facilities
CWU has one training room located in the Nicholson Pavilion. The training room is well
equipped and rated as good by all coaches and participants, but can be crowded at times.
d. Availability of Medical Personnel and Assistance
CWU has an agreement with the Student Health Center which provides the team physician a
General Practitioner (GP). There is also an agreement with a local orthopedic clinic and a
physical therapy clinic which provides CWU with access to one orthopedist and physical therapy
programs/facility. The orthopedist comes to the training room to evaluate participants two times
per month. The orthopedist and GP are onsite for all football games and see participants from all
sports at half-time also. No physician travels with CWU teams and there are no physicians on
site for games of any sport other than football. EMT is on site for football also.
e. Availability and Qualifications of Athletic Trainers
CWU has one full-time trainer who is nationally certified (ATC). She is assisted by three
graduate assistant trainers. The full-time trainer travels with football to all away games and with
men’s and women’s basketball on a limited basis after football season concludes. Student
trainers travel on a limited basis with volleyball and softball. A trainer does not travel with
men’s and women’s track, baseball and soccer. The services of the medical training staff were
rated as good to excellent, but the coaches and participants felt that the training program is
significantly understaffed.
f. Recommendations/Comments
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1. One full-time trainer for the number of student-athletes (439) is very low. We
recommend that CWU review the National Athletic Trainer’s Association (NATA) Data
concerning FTE for student-athlete/athletic trainer ratio. This is not a Title IX problem at
this time but could become one if service to sports of one sex is compromised due to a
lack of full-time or part-time trainers. This is not a Title IX problem but could be in the
future if the service provided for women’s teams becomes limited due to a lack of
certified athletic trainers.
2. The same is true for the strength and conditioning program. CWU should consider hiring
a full-time strength and conditioning coach to oversee the graduate assistant coaches.
Again, this is not a Title IX problem at this time but could become one if not monitored.
8. Provision of Housing and Dining Facilities and Services
[34 C.F.R. Section 106.41(c)(9)]
a. Housing
Student-athletes live in on-campus housing and rent off-campus apartments/houses. The on
campus facilities remain open for student-athletes who are practicing and/or competing when
classes are not in session. There is no need for special housing such as a hotel.
b. Dining
When school is not in session, student-athletes who are practicing and/or competing during these
periods are typically not provided meals. Football, cross country, soccer and volleyball are
provided two meals per day during the preseason. No other sports are provided per diem or
meals during vacation periods or quarter breaks. Football is the only team that is provided a pregame meal. No men’s or women’s team is provided a post-game meal, snack or money.
c. Recommendations/Comments
The Provision of Housing and Dining Facilities and Services is equivalent.
9. Publicity
[34 C.F.R. Section 106.41(c)(10)]
a. Availability and Quality of Sports Information Personnel
The Assistant Athletic Director for Media Relations/Sports Information Director (SID) oversees
the SI area. He is assisted by the Athletic Media Relations Graduate Assistant. There are several
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student assistants and interns who work game days for the SID. The SID works with football
(home and away), volleyball, men’s and women’s cross country/track, women’s basketball and
softball (occasionally). The GA works with men’s basketball (home and away), baseball and
soccer.
The services of all SI staff were rated as good to excellent by all head coaches and participants
but most stated that this area is also understaffed which limits traveling with teams.
b. Quantity and Quality of Publications
CWU does not provide media guides (printed or online) for any men’s or women’s sport.
Football is provided a schedule poster. A fall poster is produced for men’s and women’s cross
country, football, soccer and volleyball. A winter sports poster is produced for men’s and
women’s basketball and spring sports poster is produced for baseball, softball and men’s and
women’s track. Game programs with the exact same format are produced for volleyball, soccer,
men’s and women’s basketball, baseball and softball. Football has a slightly different program
that includes game specific inserts. The coaches stated that the publications were completed in a
timely manner and rated them as good.
c. Other Publicity Resources and Promotional Services
A Graduate Assistant oversees the Marketing and Promotions area. He is assisted by several
Sports Marketing Students on game days only. He also uses the services of a freelance
photographer also. The SID stated that he produced handouts/flyers that are distributed by the
participants for home events of all sports. Print advertisement (newspaper) is provided for
football, soccer, volleyball and men’s and women’s basketball. Game promotions are provided
for football and men’s and women’s basketball. Limited promotions such as theme nights are
provided for soccer and volleyball.
Radio broadcasts of games are done for football (11), men’s basketball (30) and women’s
basketball (13). Television broadcasts of games are done for football (3), men’s basketball (6)
and women’s basketball (2). All home games for football, volleyball, men’s basketball and
women’s basketball were video streamed. Radio and video streaming are not provided for
baseball, soccer and softball because there is not computer access at their respective stadiums.
d. Recommendations/Comment
Publicity appears to be equivalent.
10. Recruitment of Student Athletes
[34 C.F.R. Section 106.41 (c)]
a. The Opportunity to Recruit
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The opportunity to recruit is virtually synonymous with the opportunity to receive coaching (i.e.,
availability of coaches). If there are problems in the opportunity to receive coaching due to a
lack of coaches, or the lack of full-time coaches, there will usually be a problem in the
opportunity to recruit. The availability of coaches/recruiters is equivalent at CWU. The
opportunity to recruit is also equivalent.
b. Financial and Other Resources
This is a very difficult area of Title IX, one that is often misinterpreted because some formula for
spending is sought in determining compliance. There is no such formula. The standard is
whether the needs of the men’s and women’s program overall are met on an equivalent basis.
Exacerbating the difficulty is the fact that needs fluctuate annually and each team has different
needs.
After determining which items of a team’s budget constitute recruitment expenditures, each
coach was asked to address the sufficiency of recruitment funds. The head coaches of all men’s
and women’s sports stated that their budgets were limited or insufficient.
"Other resources" for recruitment include such items as courtesy cars/car allowances, cell phones
and media guides/recruitment brochures. Media guides were discussed under the Publicity
component. Courtesy cars and cell phones fall under the jurisdiction of Title IX because these
are also used in recruitment. Otherwise, courtesy cars and cell phones are a fringe benefit of
employment, more appropriately addressed under Title VII. There are two courtesy cars for the
men’s sports (basketball-1 and football-1) and two courtesy cars for the women’s sports
(basketball and volleyball). There are four cell phones in the men’s programs, but only one in the
women’s program (basketball). The Head Men’s Basketball Coach stated that he has been
offered a cell phone and may accept.
c. Benefits, Opportunities and Treatment of Prospective Student-Athletes
In 2010 - 2011, the following number of prospects made official visits.
SPORT
Baseball
Basketball
Football
Soccer
Softball
Cross country/Track
Volleyball
TOTALS
MEN
0
3
67
0
NA
1
NA
71
WOMEN
NA
1
NA
NA
8
2
9
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Prospective student-athletes mostly drive to campus by automobile but occasionally some are
flown in. They are lodged in local hotels and provided meals and entertainment on and off
campus within NCAA rules. There were no complaints by head coaches about limitations on
official visits.
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d. Recommendations/Comments
1. Currently, there are four cell phones provided for the men’s program and only one
provided for the women’s programs. The Head Men’s Basketball Coach may request a
phone in the near future. At this time we recommend that three cell phones be provided
to the women’s programs. If cell phones are provided for men’s basketball, additional
phones will need to be provided for a women’s sport (s).
2. There were no other problems in this area.
11. Support Services
[34 C.F.R. Section 106.41(c)]
a. Administrative Assistance
The Director of Athletics (AD) oversees the entire intercollegiate athletics program. He reports
directly to the President of CWU. Reporting to the AD is the Associate Athletic Director for
Compliance and Academics, Assistant Athletic Director for Development (vacant), Head
Athletic Trainer/Senior Woman Administrator, Assistant Athletic Director for Media Relations
and the Head Sports Equipment Manager. The head coaches of all men’s and women’s teams
report directly to the AD.
b. Office Space
The offices for all men’s and women’s teams, are located in the Nicholson Pavilion. Every team
has shared office space or cubicles with the exception of volleyball. The Head and Assistant
Volleyball Coaches have private offices. The Head Football Coach has a private office but his
assistants share cubicle spaces. The Head Soccer Coach, Head Men’s and Women’s Track
Coach and assistant softball coach are in one room with partitions separating each office. The
remainder of the head coaches share one office with their assistant coach(s).
c. Secretarial and Clerical Assistance
There are no secretarial/clerical employees for coaches in the Athletic Department. All coaches
have computers and do their own work.
d. Office Equipment and Supplies
Office equipment and supplies are available as needed.
e. Recommendations/Comments
The Provision of Support Services is equivalent.
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