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The
fight for Title IX reform must go on
The NWCA lawsuit has
taken the Title IX issue to the public
Along with so many
others who are involved with the Olympic sports community, I was a
bit taken by surprise by the news yesterday that the judge involved
with the National Wrestling Coaches Association (NWCA) legal
challenge to Title IX decided to dismiss the case.
For over a year, the NWCA lawsuit has been a central focus of the
efforts to change the interpretation of Title IX and protect men's
Olympic sports from extinction. The filing of this lawsuit brought
Title IX to the public forum, and the progress of the case through
the system has been a constant reminder that this issue is very
important and needs attention.
This judicial announcement, upon a first look, sounds very
disappointing. You can add to that the total lack of courage by the
Bush Administration to do the right thing and implement the report
by the Commission on Opportunities in Athletics. Then there is the
constant noise coming from the NCAA, led by President Myles Brand
(with top women's sports executive Judy Sweet dictating the
rhetoric) that ignores the legitimate concerns of the Olympic sports
community.
Combined, these developments threaten to crush the spirit of those
who are seeking Title IX reform.
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Don't go there. Do not abandon ship. Don't let the
wrong side win.
All along, those on the front lines of the war for Title IX reform
have said that this will be a long and treacherous journey. The
goals that have been set are not easily reached. The effort to fix
Title IX by eliminating the proportionality quota is a major
challenge. We are attempting to change something that has become
ingrained in the feminist cause, and has been institutionalized by
the college sports community. The odds are not in our favor, and
never were.
If fixing the Title IX mess were easy, it would have already been
done. Now is not the time for surrender. Now is the time for a
determined effort to fight the next battle, no matter where that may
be. And really, who knows exactly where the next front of this war
will be?
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Lets take a broader view of this whole deal, without letting
emotion get in the way. Think about where we were two years ago, and
where we are today. In spite of what seems like some setbacks, we
have moved the ball down the field considerably in the last two
years. Back then, nobody knew much about the unintended consequences
of Title IX quotas. Back then, the public ignored the plight of
wrestlers, swimmers, gymnasts, track and field athletes, tennis
players, golfers and other athletes who were getting axed in the
name of gender equity.
The NWCA lawsuit helped bring the Title IX issue to the public. The
Commission on Opportunity in Athletics provided an open public forum
that allowed those seeking change a real opportunity to make their
case. The Commissioners proved to be reasonable people (except for
Julie Foudy and Donna De Varona), a group of individuals who
seriously assumed their assignment to research the issue and seek
creative solutions to problems.
My contention is that Title IX reformers won the Commission
hearings. However, once that process had ended, the issue was kicked
back to the politicians and the special interest groups. This is an
area where those protecting the status quo has an advantage, with
considerably more resources at their disposal.
By engaging in this battle, the wrestling community has been
strengthened. By standing up in a strong fashion, in such a public
way, wrestling has received a new respect within the sports
community. We must have some influence. If you read the propaganda
that has been generated about those evil and misguided wrestlers, we
must be doing something right. A friend recently told me about a
major women's college administrator who noted that colleges dont
want to mess around with the wrestling community right now, because
we raise such a public stink when we are threatened. The squeaky
wheel really does get the grease.
The other thing to remember is that we have truth on our side. Those
with a strong moral sense, that are willing to stand up for what is
right and fair, can never abandon a cause when they know they are
right. On this issue, the battle against unfair gender quotas in
sports, we are right. Don't ever forget that.
A bit about the NWCA lawsuit. The case is not over. The judge did
not rule on the merits of the case. The judge threw it out of court
because he claimed that the NWCA, the College Sports Council and the
others involved did not have the legal standing to make this case.
The lawsuit will now move into the appeals process. The lawyers for
the NWCA and College Sports Council feel that they could get a
better shake at the next level. They are most certainly not letting
this ruling stop them from pursuing their quest for change.
So what will be happening next? Where does this battle continue
after today?
In the federal government, the issue is still sitting on Secretary
Rod Paiges desk at the Department of Education. The work has been
done, by the Commission itself and by those who are in government
who have the ability to make the changes. Ultimately, the decision
is with the White House, which directs all of the major issues for
this administration. Time and time again, we have asked people to
contact President Bush and Secretary Paige and ask for them to put
the Commissions proposals into effect. This must continue to happen,
now and always.
In the courts, the NWCA lawsuit will go to appropriate appeals
court. Attorney Mark Martel who is involved with the Neal vs. Board
of Education case concerning Cal-State Bakersfield has indicated
that he is now in the process of taking that legal effort to the
Supreme Court for consideration. Indirectly, the big Michigan Law
School case that is being heard by the Supreme Court may have some
implications that could affect the way Title IX is enforced.
At the NCAA level, there are ongoing efforts to get the NCAA
leadership, from the national staff to the college presidents and
athletic directors, to take some ownership of the problems with lost
Olympic sports programs. One of the current buzzword statements is
to Preserve Olympic sports. Although the NCAA has yet to show any
signs that they get it and that they care about men's Olympic sports
athletes, that does not mean that it will always be the case. We
must keep throwing the truth in their face, and letting them know
that we are there.
Ultimately, however, this battle must continue in your heart and in
your mind. Each and every person who is committed to reforming Title
IX must continue to do what they can to help. This includes donating
time and money. This includes writing letters to politicians and
newspapers. This includes talking up the issue at the office or in
their daily life experiences.
NWCA President Mike Moyer says that we are only in the first period
of this match. The scoreboard may not be in our favor right this
second, but there is a ton of time to get our offense going and to
reclaim the lead. Its not over until its over, and everybody has to
understand that THIS match is not over. We have the skill,
experience and commitment to win. We just need the courage to
compete.
Part 1
Women enjoy a distinct advantage over men in college athletics.
Part 2
Bakke
believed that his rejections were in direct violation of the Equal
Protection Clause of the 14th amendment.
Part 3
Football seems to be the
issue when dealing with scholarships. A school is permitted 85 scholarships
for football.
Part 4
When Title IX was created it was crafted with intent to make it easy for
schools to comply with its guidelines.
Part 5
For the
first time since 1968, the USA freestyle wrestlers failed to win a single
gold medal.
Part 6
Every
college is required to have a designated Title IX coordinator.
Part 7
Over 110,000
women participated in intercollegiate sports. Where as in 1971 just about
25,000 participated.
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