Supreme Court Refuses to Hear Title IX Appeal

In what advocates for gender equity in college athletics called a victory, the Supreme Court refused yesterday to hear Brown University's appeal of lower court rulings that found that Brown had discriminated against female athletes.

The high court's action was not an official decision and therefore sets no legal precedent for other colleges, but it could send an important message.

The denial of Brown's appeal leaves in effect a ruling from last November by the First U.S. Circuit Court of Appeals in Boston that Brown had violated Title IX, the 1972 code that bans gender discrimination in education.

The appeals court's interpretation of the law required parity between the percentage of women athletes in a school, and the percentage of women in its student body--known as the proportionality test.

Brown had argued that it was complying with Title IX by offering the same number of men's and women's teams. In 1993, 38 percent of Brown's athletes were women, compared with 51 percent of its students.

"Overall, across the country, it's a big decision," said Harvard women's softball head coach Jenny Allard. "It's going to give weight to everything we're trying to do [to support women's athletics]."

Brown spokesperson Mark Nickel said yesterday that the court's action constituted "neither a loss nor a win" for Brown.

"It doesn't represent in any sense the thinking of the Supreme Court on the case," Nickel said.

Nickel said that the appeals court's proportionality test for Title IX compliance is ambiguous.

"It's never been accurately defined," he said.

Even before learning of the Supreme Court's action, Brown officials filed for a federal judge's approval of its plan for Title IX compliance yesterday.

The new plan calls for increasing the number of varsity team positions available to female athletes to bring the gender ratios of Brown athletes to within less than 1 percent of the gender ratio of Brown's student body.

Harvard athletic officials said that the actions against Brown have no direct effect on athletics at Harvard.

"Our concern is how we [at Harvard] do things," said Director of Sports Information John P. Veneziano.

"We want to make sure that we do things that are in compliance with Title IX and make sure we do things the right way," he said.

Dean of the College Harry R. Lewis '68 said yesterday in an e-mail message that he is "confident" that Harvard is in compliance with Title IX.

Lewis, who is also chair of the Faculty of Arts and Sciences (FAS) standing committee on athletics, cited a recent USA Today article that said Harvard is in compliance with the proportionality test, while few other colleges are.

Harvard is currently undergoing an 18-month self-study of its athletics programs as part of the National Collegiate Athletic Association (NCAA) Division I certification process.

The self-study will review, among other things, Harvard's commitment to gender equity in athletics.

According to a report issued last October by the Department of Athletics, the University spent nearly twice as much on men's athletics as on women's athletics last year, a fact that disturbs many athletes and coaches.

"What does that say about what you are doing, what you are valuing?" asked Allard, who sits on the equity subcommittee of the NCAA self-study steering committee.

"Anybody can field a [women's] team, but are they getting the same luxuries, same travel schedule [as a men's team]?" she asked.

Elissa R. Hart '98, captain of the women's varsity volleyball team, said she believes that the funding disparity at Harvard mirrors cultural attitudes toward women's athletics.

"Most of the differences in funding are reflections of a society which views women's athletes as a step below men's athletes," she said.

Hart also said she believes that equality in the number of female athletes and spending on women's athletics are closely related.

"Equal participation should be a first goal," she said. "Hopefully, if we can achieve that, greater equity in funding will follow."

Both Allard and Hart said they believe that Harvard has demonstrated a continuing commitment to supporting women's athletics.

"They're committed to providing opportunities for women to compete," Allard said.

As an example, Hart pointed to a symposium for women athletes next month, which is being sponsored by the Department of Athletics.

Titled "Women and a Lifetime of Fitness: The Power of Physical and Emotional Health," the three-day workshop will deal with issues relating to women and sports, including nutrition, eating disorders and women in medicine.

The NCAA self-study steering committee will be holding an open hearing on athletics at Harvard next Tuesday from 7 to 8:30 p.m. in Emerson Hall 315

Harvard athletic officials said that the actions against Brown have no direct effect on athletics at Harvard.

"Our concern is how we [at Harvard] do things," said Director of Sports Information John P. Veneziano.

"We want to make sure that we do things that are in compliance with Title IX and make sure we do things the right way," he said.

Dean of the College Harry R. Lewis '68 said yesterday in an e-mail message that he is "confident" that Harvard is in compliance with Title IX.

Lewis, who is also chair of the Faculty of Arts and Sciences (FAS) standing committee on athletics, cited a recent USA Today article that said Harvard is in compliance with the proportionality test, while few other colleges are.

Harvard is currently undergoing an 18-month self-study of its athletics programs as part of the National Collegiate Athletic Association (NCAA) Division I certification process.

The self-study will review, among other things, Harvard's commitment to gender equity in athletics.

According to a report issued last October by the Department of Athletics, the University spent nearly twice as much on men's athletics as on women's athletics last year, a fact that disturbs many athletes and coaches.

"What does that say about what you are doing, what you are valuing?" asked Allard, who sits on the equity subcommittee of the NCAA self-study steering committee.

"Anybody can field a [women's] team, but are they getting the same luxuries, same travel schedule [as a men's team]?" she asked.

Elissa R. Hart '98, captain of the women's varsity volleyball team, said she believes that the funding disparity at Harvard mirrors cultural attitudes toward women's athletics.

"Most of the differences in funding are reflections of a society which views women's athletes as a step below men's athletes," she said.

Hart also said she believes that equality in the number of female athletes and spending on women's athletics are closely related.

"Equal participation should be a first goal," she said. "Hopefully, if we can achieve that, greater equity in funding will follow."

Both Allard and Hart said they believe that Harvard has demonstrated a continuing commitment to supporting women's athletics.

"They're committed to providing opportunities for women to compete," Allard said.

As an example, Hart pointed to a symposium for women athletes next month, which is being sponsored by the Department of Athletics.

Titled "Women and a Lifetime of Fitness: The Power of Physical and Emotional Health," the three-day workshop will deal with issues relating to women and sports, including nutrition, eating disorders and women in medicine.

The NCAA self-study steering committee will be holding an open hearing on athletics at Harvard next Tuesday from 7 to 8:30 p.m. in Emerson Hall 315