Taking the teeth out of Title IX

The U.S. Education Department took a significant step last week to water down a important piece of legislation designed to protect the rights of women in higher education, particularly in collegiate athletics. This decision, which allows schools to circulate e-mail surveys to demonstrate a lack of interest in women's sports, goes against the grain of Penn and the Ivy League's mission of providing opportunities for all students.

At the heart of the issue is whether or not an e-mail survey alone is a sound method for determining a need for gender equality. This is flawed thinking. Not only should the University join with its peer institutions in not throwing in the towel this easily, but it should join NCAA President Myles Brand in opposing this unfair decision.

The change issued by the government's Office for Civil Rights modifies the criteria it may use in evaluating whether or not a school is compliant with Title IX, and threatens to "stymie the growth of women's athletics and could reverse the progress made over the last three decades," Brand said in a statement.

Title IX has opened doors for women in college athletics since its adoption in 1972. But the latest move has the potential to do just the opposite.

The law requires any institution that receives government funding to provide equal opportunities for men and women. In the case of athletics, schools are deemed compliant if one of these three conditions are met: (1) there is no unmet interest; (2) there is a history of adding programs for the underrepresented gender; or (3) the number of programs is proportional to the gender ratio of the school's population.

Traditionally, schools had to do actual work -- and were often unsuccessful -- to prove they were meeting all student demands. The new ruling allows them to simply brush off their responsibilities.

Even if there is a thriving system of club sports and those athletes demand the move up to varsity, they will face an uphill battle against an arbitrary survey of students who are most likely uninterested. If the general interest of the student body was the driving factor, few opportunities would exist today for athletes in lower-profile sports such as squash and fencing.

While some raise valid concerns about the continuing viability of Title IX, it would be to the benefit of universities across the country if Penn and the Ivy League spoke out against this change.

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