A back-to-school release:

Coaches Caution NCAA: Title IX Dangers Persist Use of Interest Surveys Will Safeguard Schools WASHINGTON, D.C. – August 29, 2006 – In a letter to members of the NCAA Executive Committee, the College Sports Council (CSC) is urging the use of interest surveys for both male and female athletes as a way to bring fairness and common sense to the Title IX compliance equation. Pointing to a recently published, independent legal analysis, the letter notes, “schools that conduct surveys will be vastly safer from litigation or federal sanction than those who forego the option. “Providing sports opportunities based on interest is a simple, fair, and obvious way for schools break free from the widespread practice of limiting male participation,” said Eric Pearson, CSC Executive Director. The CSC also sent the letter to Rutgers University and California State University, Fresno, both of which are in the process of cutting men’s teams in order to comply with the proportionality prong of Title IX. Pearson referred to a legal analysis published in the Vanderbilt Journal of Entertainment and Technology Law http://law.vanderbilt.edu/jetl that concludes schools can reduce their exposure to Title IX litigation simply by issuing a survey of student interest. On March 17, 2005 the Department of Education’s Office of Civil Rights first issued a clarification of Title IX’s three-part compliance test. Contrary to alarmist rhetoric from gender quota activist groups, surveys must be diligently applied, such as through the student’s registration process. So that all students are given the opportunity to express their interests, the CSC has asked that schools permit both male and female students to participate in the surveys as part of their course registration process. “Schools have not just an opportunity to utilize a better compliance method, but many schools that are not proportional may have a legal responsibility to conduct surveys in order to demonstrate compliance,” the letter cautions. “To advise any school to forego a safeguard that is as straightforward as the Department of Education’s interest survey would appear to be simply reckless, in many specific cases.” The College Sports Council is a national coalition of coaches, parents, athletes, and former athletes. Additional Background and Sources: www.savingsports.org <a href=”http://www.rh-law.com/titleix/ Legal Analysis of Survey Implementation: The OCR’s letter and guidance is posted here