COLLEGE SPORTS



COLLEGE SPORTS

AND

TITLE IX

#3

Charles L. Kennedy

Senior Instructor

Political Science

Penn State York

August, 2005

The Bowl Championship Series (BCS) is opening its automatic bids to all Division I-A Conferences. This plan becomes effective in the 2007 season. Currently, only the six conferences that formed the BCS could earn as automatic bid to the four major bowl games (Rose, Fiesta, Orange, and Super Bowl games). These “founding fathers” of the BCS system are the following conferences: Atlantic Coast (ACC), Big East, Big Ten, Big 12, Pacific-10, and South Eastern (SEC). The BCS also plans to evaluate the conferences from top to bottom. The BCS added an academic performance rate (APR) to evaluate the schools. It established penalties for schools with low APRs and awards for schools with high APRs.

It is the purpose of this study to advocate that the BCS, or even the NCAA, should inaugurate a similar system of incentives to reward and penalize schools according to their degree of compliance with Title IX. I believe this proposal is even more imperative than the APR proposal, because, quite frankly, Title IX is the law of the land and has been since 1972.

This study will focus not only on the six major BCS conferences (ACC, Big East, Big Ten, Big 12, Pac-10, and SEC); it will also include four of the “mid-major” conferences that have recently had schools potentially eligible for BCS consideration. These conferences are the Mid-American (MAC), the Mountain West, the Western Athletic (WAC), and Conference USA. Thus, there will be 103 colleges from the 10 conferences included in the study.

Title IX bans sex discrimination at institutions receiving federal funds. Arguably, there has been no other issue that has caused such dramatic changes in U.S. society over the past 30 years with the possible exception of the Vietnam War, Roe v. Wade, and affirmative action.

Title IX has become a continual controversy in intercollegiate athletics. The U.S. Department of Education’s Office of Civil Rights has established a “three-part test” governing women’s participation in sports. In order to be in compliance with the law, colleges must meet on of the following criteria:

• Have the same proportion of women on sports teams as there are female undergraduates

• Have history and continuing practice of expanding opportunities for women

• Prove they are fully and effectively accommodating the interests and abilities of women on its campus.

This study goes beyond these criteria, primarily because the “history and continuing practice” and “effective accommodation” criteria are very subjective, arguable, and very difficult to quantify and measure.

The study develops the Kennedy Index to rank the major BCS schools according to their compliance with the spirit and intent of Title IX. The Index is similar to the “Gender Equity Report Card” developed by the Women’s Sports Foundation in its study of gender equity and sports in 2001. Five grades were calculated for each institution: athletic participation, scholarship allocations, recruitment spending, operating expenditures, and composite grade. Although similar, the Kennedy Index is based on the five criteria suggested by the Chronicle of Higher Education in its study on “gender equity” in 2005. (Note: All of the statistics were obtained from the Chronicle of Higher Education, according to data submitted to the Department of Education under the Equity in Athletics Disclosure Act of 1994. The data is for the 2003-04 academic year. The criteria are participation, scholarship, coaching salaries, the recruitment budget, and operating expenses.

The Index is the sum total of the college’s score on the five criteria. On each of the criteria, a standard or goal was established. The college receives a +/- score depending on how close they came to meeting the goal. The goals for participation and scholarship were 0.0% and the goals for the operating expenses, recruitment budget, and coaching salaries were 40%.

Participation is one of the three federal guidelines for a college to determine if it has enough opportunities for female athletes. This is the simplest approach and the one most colleges follow. In this test, the percentage of female athletes should be proportional to the percentage of women in the student body. The Index is based on how close the college reaches the optimal proportionality of 0.0.

For instance, at my school, Penn State, women comprised of 47.07% of the total undergraduates and 43.87% of all athletes in 2003-04 for a difference of -3.20. Thus, Penn State’s score on the Index would be -3.20. The top school in this category in the Big Ten was the Purdue Boilermakers with a +1.23.

Scholarship is actually the only purely numerical section of guidelines, issued under Title IX regulations, governing scholarship funds allocated to women athletes. The Department’s Office for Civil Rights has specified that colleges must award the same proportions of aid to female athletes as there are women participating in varsity sports. The proportion is to be within one percentage point. The Index is based on the “same proportion” principle, so it would be 0.0.

Penn State’s proportion of female athletes was 40.86% and the women’s proportion of the scholarship budget was 41.40% for a difference of +0.54. The winner of this category in the Big Ten was the Ohio State Buckeyes at +6.24.

Operating Expenses is not included in any specific guidelines. Interestingly, however, the Equity in Athletic Disclosure Act does chart how much of athletic departments’ budgets should be allocated to women’s teams. For purposes of the Index, a standard of 40% was established as the goal to be achieved. Thus, 40% of the operating funds should go to women’s programs and 60% to men’s sports. This number was based on the study “Gender Quotas? Not in College Sports” by Welsh Suggs in The Chronicle of Higher Education. It indicated that the median for operating costs for women’s teams for the 2003-04 season was 38% for all Division I teams. The Kennedy Index is based on the assumption that 40% is a reasonable and realistic goal for Division I teams. (It is recognized that many will consider this too low and other too high!)

At Penn State, the operating budget was 32.53%. This would give the Nittany Lions an Index score of -7.47. The Michigan Wolverines were best in the Big Ten with a score of -5.96.

Recruiting Budget is not mandated by Title IX regulations. If equal treatment for men’s and women’s sports is the goal, then the recruiting budget for women’s teams should be equivalent to the recruiting budget for men’s teams. Again, the 40% standard was selected as the goal.

The women’s share of the recruiting budget at Penn State was 30.66% for an Index score of -9.34. In the Big Ten, the Fighting Illini of Illinois were highest at -1.66.

Coaching Salaries is also not mandates by Title IX regulations. Equity in salaries, however, should strongly indicate that the salary for coaches of women’s teams should be equivalent to the salary of coaches of men’s teams. The 40% standard is again used for the Index.

The women’s proportion of the operating budget for the Nittany Lions was 36.17% for an Index score of -3.83. The Lions were 2nd in the Big Ten behind the -3.04 for the Indiana Hoosiers.

Penn State’s combined scores would equal -23.30, which enabled the Lions to win the Big Ten championship for compliance with the spirit and intent of Title IX. The Lions narrowly edged out Illinois at -23.98 for the championship. The Michigan State Spartans were last at -45.83. The score of the Lions per category:

Score

Participation -3.20

Scholarship +0.54

Operating Budget -7.47

Recruiting Budget -9.34

Coaching Salaries -3.83

Total = -23.20

The application of the Index yielded several interesting, and sometimes startling points. Of the 103 colleges in the study, only 12 scored above the standard on Participation with a positive score. They were Purdue, Michigan, Stanford, Kansas State, Clemson, Georgia Tech, North Carolina State, Tulane, Cincinnati, Nevada-Reno, Toledo, and Utah. Georgia Tech was the highest at +4.53.

On the Scholarship criteria, there were 48 schools that finished with a positive score. Ten were from the Southeastern Conference.

On the Operating Budget criteria, only two schools finished with a plus score. The Eastern Michigan Eagles from the MAC scored +0.86 and the Nevada-Reno Wolfpack from the WAC had a score of +0.30. The Oklahoma Sooners finished in 103rd place with a -24.11 score.

Five schools exceeded the 40% standard on the Recruitment Budget factor: Nevada-Reno, Eastern Michigan, Kent State, California, and Houston. The Wolfpack of Nevada-Reno was the pace-setter at +4.09. The Oregon Ducks had the lowest recruitment score with -23.32.

There were four schools that cracked the 40% standard on Coaching Salaries. These four schools were Nevada-Reno, Kent State, Stanford, and Connecticut. The Golden Flash of Kent State led the way with +1.59. The lowest score on coaching salaries was recorded by the Cowboys of Oklahoma State at -20.61.

Overall, of the 103 schools, only two finished with a positive score. Nevada-Reno had a +3.43 and the Toledo Rockets had a +1.20.

It is an obvious understatement, but it must be emphasized that the money factor continues to be the major obstacle to the leveling of the playing fields. As the Women’s Sports Foundation concluded in their 2001 study, “While women can no longer be considered token student-athletes on American campuses, they are far from being full partners in the opportunity system of intercollegiate sport.”

The average KENNEDY INDEX has been computed for each conference. The results:

|Rank |Conference |# of Colleges |Kennedy Index |RANK ONLY MAJOR CONFERENCES |

|1 |MAC |13 |-21.34 |-- |

|2 |WAC |10 |-27.50 |-- |

|3 |Mountain West |7 |-32.03 |-- |

|4 |Big Ten |11 |-32.82 |1 |

|5 |Pac-10 |10 |-35.72 |2 |

|6 |Big East |9 |-36.90 |3 |

|7 |Big 12 |12 |-39.66 |4 |

|8 |ACC |9 |-40.17 |5 |

|9 |SEC |12 |-41.51 |6 |

|10 |Conf. USA |10 |-48.38 |-- |

Total = 103

(NOTES: 1. The schools are listed according to their conferences as of 2003-04.

2. Notre Dame is listed in the Big East where the Fighting Irish participate in basketball.

3. Data for the Air Force Academy was not available.)

If only the major BCS conferences were examined, the Big Ten would be #1, and the Pac-10 #2. The inclusion of the mid-majors, however, drops these conferences, respectively, to #’s 4 and 5. It should also be emphasized that the top three – MAC, WAC, and Mountain West – also finished 1-2-3 in the previous year’s study, 2002-03.

Just as the BCS plans to evaluate the conferences from top to bottom, so does this study. The ranks of the schools in each conference are attached. The conference champions for 2003-04 are:

|MAC – Toledo |Big East – Connecticut * |

|WAC – Nevada-Reno ● |Big 12 – Texas A&M |

|Mt. West – San Diego State |ACC – Maryland * |

|Big Ten – Penn State |SEC – Georgia * |

|Pac-10 – Stanford * |Conf. USA – Houston |

(NOTE: * = three-peat champions ● = repeat champion)

Special recognition should go to the Stanford Cardinal, the UCONN Huskies, the Maryland Terrapins, and the Georgia Bulldogs. They are all “three-peaters.” In all three years of the Kennedy Index, they have won the Title IX compliance championship in their conference. Nevada-Reno deserves recognition as the repeat champion for the WAC. It should also be noted that UCONN, Georgia, Maryland, Nevada-Reno, and San Diego State were runaway winners of their conferences – with victory margins in excess of 10 points on the Index.

In listing the TOP 10 and the TOP 20, I have also listed the TOP 10 for the major BCS conferences separately. The reason for this will become obvious.

|Rank |TOP TEN – MAJOR BCS COLLEGES |Kennedy Index |

|1 |Connecticut |-9.59 |

|2 |Stanford |-15.96 |

|3 |Georgia |-19.02 |

|4 |Maryland |-20.63 |

|5 |Penn State |-23.30 |

|6 |Illinois |-23.98 |

|7 |California |-24.46 |

|8 |Texas A&M |-24.49 |

|9 |Iowa State |-25.81 |

|10 |Ohio State |-26.67 |

In a reversal of roles, Connecticut edged Stanford for the Title IX compliance championship for the ’03-04 season, whereas the Cardinal nosed out the Huskies for the ’02-03 season. Additionally, Georgia, Maryland, and Iowa State were Top Ten representatives for the two years. The Big Ten led the way with three schools in the Top Ten – Penn State, Illinois, and Ohio State.

However, when the majors and mid-majors are combined, the results undergo a major transformation.

|Rank |TOP TEN (MAJORS AND MID-MAJORS) |Kennedy Index |

|1 |Nevada-Reno |+3.43 |

|2 |Toledo |+1.20 |

|3 |San Diego State |-5.42 |

|4 |Connecticut |-9.59 |

|5 |Buffalo |-10.14 |

|6 |Eastern Michigan |-12.95 |

|7 |›Tie |Stanford |-15.96 |

|7 | |Bowling Green |-15.96 |

|9 |Kent State |-16.65 |

|10 |Miami (Ohio) |-17.56 |

Note the significant changes, only two of the major BCS powers remain – Connecticut at #4 and Stanford at #7. The TOP TEN is now dominated be the MAC, which has 6 of the 10 schools (Toledo, Buffalo, Eastern Michigan, Bowling Green, Kent State, and Miami of Ohio). Additionally, the Toledo Rockets finished a strong second. The champion for the ’03-04 Title IX season, however, is from the WAC – the Huskies from Nevada-Reno. For the first time in the history of the Kennedy Index, a school finished with a positive score. This year both Nevada-Reno (+3.43) and Toledo (+1.20) accomplished this feat. In the ’02-03 season, Nevada-Reno finished a strong 3rd, trailing champion Stanford and runner-up Connecticut.

In addition to the six MAC schools, the Big East, Pacific-10, WAC, and Mountain West each had one school in the TOP TEN.

When we examine the TOP TWENTY, the involvement of other conferences is more noticeable. The MAC now has 8 schools. Northern Illinois and Ohio join the list. The Pacific-10, Mt. West, Big Ten, and WAC each have two members. The Big East, ACC, SEC, and Big 12 have one member. Conference USA is the only conference without membership in the TOP TWENTY.

|Rank |TOP TWENTY (MAJOR AND MID-MAJORS) |Kennedy Index |

|11 |Georgia |-19.02 |

|12 |Northern Illinois |-20.08 |

|13 |Ohio |-20.17 |

|14 |Maryland |-20.63 |

|15 |Penn State |-23.30 |

|16 |Illinois |-23.98 |

|17 |California |-24.46 |

|18 |Texas A&M |-24.49 |

|19 |Tulsa |-25.52 |

|20 |Utah |-25.58 |

THE TERRIBLE TWENTY

This study continues in the blueprint of the BCS plan to evaluate the conferences from top to bottom. The top Title IX champions have been listed, now for the cellar dwellers for the ’03-04 season:

|MAC – Marshall ● |Big East – West Virginia |

|WAC – Boise State |Big 12 – Oklahoma State * |

|Mt. West – New Mexico |ACC – Clemson ● |

|Big Ten – Michigan State ● |SEC – Vanderbilt ● |

|Pac-10 – Oregon * |Conf. USA – East Carolina |

(NOTE: * = three-peaters in basement ● = repeaters in basement)

The dubious achievement awards go to the Oregon Ducks and the Oklahoma State Cowboys, who are three-peat cellar dwellers in their conferences. Michigan State, Clemson, Vanderbilt, and Marshall are repeaters in the basement for their conferences.

The format for the TERRIBLE TEN and the TERRIBLE TWENTY will be the same as for the TOP TEN and TOP TWENTY. For the major BCS conferences, 63 colleges were included in the study.

|Rank |TERRIBLE TEN – MAJOR BCS COLLEGES |Kennedy Index |

|54 |West Virginia |-48.08 |

|55 |Colorado |-49.14 |

|56 |Kansas State |-49.72 |

|57 |Mississippi State |-49.94 |

|58 |Wake Forest |-51.05 |

|59 |Louisiana State |-52.66 |

|60 |Clemson |-58.75 |

|61 |Vanderbilt |-59.23 |

|62 |Oregon |-67.53 |

|63 |Oklahoma State |-71.64 |

The two three-peaters, Oklahoma State and Oregon, share another dubious achievement award; they finished in a close battle for the bottom of the basement. However, the Cowboys finish last among the major BCS colleges, edging out the Ducks. They are not repeat offenders for this lowest of the low category, however. For the ’02-03 season, the Cowboys finished next to last as the Pitt Panthers captured the bottom of the basement. The Big 12 and the SEC each had 3 schools represented in this TERRIBLE TEN, whereas the Big Ten avoided any representation.

When the majors and mid-majors were combined, another very interesting and significant trend emerged.

|Rank |TERRIBLE TWENTY (MAJORS AND MID-MAJORS) |Kennedy Index |

|84 |Michigan State |-45.83 |

|85 |Oklahoma |-46.18 |

|86 |Baylor |-46.20 |

|87 |Pitt |-46.90 |

|88 |North Carolina |-46.99 |

|89 |West Virginia |-48.08 |

|90 |Colorado |-49.14 |

|91 |Kansas State |-49.72 |

|92 |South Florida |-49.73 |

|93 |Mississippi State |-49.94 |

|Rank |TERRIBLE TEN (MAJORS AND MID-MAJORS) |Kennedy Index |

|94 |Wake Forest |-51.05 |

|95 |Louisiana State |-52.66 |

|96 |Southern Mississippi |-57.22 |

|97 |Clemson |-58.75 |

|98 |Vanderbilt |-59.23 |

|99 |Memphis |-60.45 |

|100 |Texas Christian |-64.59 |

|101 |Oregon |-67.53 |

|102 |Oklahoma State |-71.64 |

|103 |East Carolina |-72.90 |

Thus, the award for the “nadir of Title IX compliance” for ’03-04 goes to the East Carolina (ECU) Pirates of Conference USA. The Pirates won the award by edging out Oklahoma State by -1.26 points. The Pirates replaced the Memphis Tigers, also of Conference USA, who resided in the bottom of the barrel for the ’02-03 season. It should be noted how far below the rest of the pack the Pirates had been. There was a differential of -21.85 between ECU and the Wake Forest Demon Deacons, who finished 94th. Whereas, there was a differential of only -4.11 between #93 Mississippi State Bulldogs of the SEC and #84 Michigan State Spartans of the Big Ten.

The most glaring fact in the TERRIBLE TEN is the dominance of Conference USA. In addition to ECU, there were three other conference members in the TERRIBLE TEN: TCU, Memphis, and Southern Mississippi. Remember, Conference USA finished last among the 10 conferences with an average score of -48.38, which was -6.87 behind the SEC in 9th place. Conference USA was so bad that the lowest team in 5 conferences actually had a higher score than Conference USA’s average score. These schools were Marshall (MAC), Boise State (WAC), New Mexico (Mt. West), Michigan State (Big Ten), and West Virginia (Big East). The South Florida Bulls finished in 92nd position, which gave the conference the dubious distinction of five of the bottom twelve positions.

This continued a disturbing trend for the conference, as they had five of the bottom eleven for the ’02-03 season. These Terrible Five were Memphis, ECU, TCU, Southern Mississippi, and UAB.

Conference USA, however, was tied with the Big 12 for the most positions in the TERRIBLE TWENTY with five each. The Big 12 schools were Oklahoma State, Kansas State, Colorado, Baylor, and Oklahoma. The SEC and the ACC each had three teams. The Big East had two. Whereas, the Big Ten and the Pac-10 had only one team each.

Special recognition should go to the three conferences that had no members listed in the TERRIBLE TWENTY. These conferences were the MAC, WAC, and Mountain West.

In conclusion, it must be recognized that the number of female athletes hit a record high for the 2003-04 season. According to the Chronicle of Higher Education’s report, there were 202,540 female athletes in college sports. This equals 41% of the total number of athletes. This should be contrasted, however, with the fact that women comprised 55% of the student body.

One of the greatest areas of increase is in women’s softball. ESPN devoted extensive coverage to the Women’s College World Series in May, which was won by the Michigan Wolverines. It is so ironic that this sport, which is increasing in the U.S. and the world, was actually dropped by the International Olympic Committee (IOC) from the 2012 Olympics in London. It is almost incredulous that the IOC actually contends it is in support of women’s sports and then turns around and drops a sport that is played competitively by women in 126 countries in the world.

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