The letters which follow were submitted to the Subcommittee on Equal Opportunities in response to the request of Chairman Augustus F. Hawkins for statements regarding regulations issued by the Department of Health, Education, and Welfare to implement Title IX of the Education Amendments of 1972. AMERICAN ALLIANCE FOR HEALTH, Hon. JAMES G. O'HARA, DEAR MR. O'HARA: Enclosed herewith is a copy of the testimony offered by the American Alliance for Health, Physical Education, and Recreation (AAHPER) which is in support of the Title IX guidelines assigned to your subcommittee for hearings. Since we were not provided the opportunity for testimony, this document should serve as the voice for more than 50,000 men and women of AAPHER who are strong in their affirmation of equal opportunity for all people. I respectfully request that this testimony be introduced into the official record of the hearings of your committee. You will note that copies are being sent to all members of the U.S. House of Representatives, Committee on Education and Labor. Sincerely yours, Enclosure. ROGER C. WILEY, President. STATEMENT OF AMERICAN ALLIANCE FOR HEALTH, PHYSICAL EDUCATION, AND RECREATION The 50,000 men and women of the American Alliance for Health, Physical Education and Recreation (AAHPER), the national association concerned with the organization, administration and study of health, sport, physical education, recreation, dance and safety for our country, strongly support the proposed guidelines signed by President Gerald Ford which implement the interpretations of the Title IX of the Higher Education Act of 1972. The AAHPER has among its constituency 11,000 coaches, 3,200 athletic directors, 7,000 intramural directors, 5,000 athletic trainers and 4,000 officials. In addition, AAHPER is concerned with both national and international sport and is the largest association in the United States to be involved in the athletic interests of our nation. The AAHPER, believing in equal opportunity for all people, endorses the intent of the guidelines to insure the disadvantaged sex the same opportunities in physical education, athletics, health, recreation and dance programs as those provided for the advantaged sex. The Alliance believes that social custom has created a history of unequal opportunity between the sexes and supports the intent of Title IX to rectify this situation. Activities which are an integral part of the program of education (including athletics) utilize public funds and facilities and as extensions of education must be subject to legal regulations which will guarantee equality. The proposed guidelines are a significant beginning for the assurance that all people will be treated fairly. The disadvantaged sex will have many more opportunities to participate in quality programs of athletics, dance, physical education. recreation and health. Such an extension of equality will enhance the meaning of democracy in education, even as the concept continues to support opportunities for the advataged sex. The AAHPER is hopeful that the legislative body of the United States will continue to affirm its belief in equal opportunity for all people in our democratic republic. (49) LOUISIANA TECH UNIVERSITY, Hon. AUGUSTUS F. HAWKINS, The House of Representatives, Washington, D.C. MY DEAR MR. HAWKINS: First, let me say that as Athletic Director at Louisiana Tech University, I am not against women's athletics; we presently have several intercollegiate athletic teams for these young ladies. I must, however, for the survival of the athletic programs at our institution and those all across this great nation, speak out as strongly as I can against HEW's interpretations in Title IX stating what we must do in our programs if we are to continue to receive Federal money. It is impossible for me to believe that these interpretations were meant to be a part of the original Title IX draft; I say this because I do not believe the draftees intended to destroy college athletics as we now know them. This will most assuredly happen if the Title IX implementation regulations become law on July 21, 1975. These regulations, simply and tragically, are not responsive to the financial and social realities of intercollegiate athletics. We should all hope, particularly at this time, that no legislation be passed without the full realization of all its ramifications. This scrutiny must be applied to Title IX because I personally believe that intercollegiate athletics have played an important part in the history of our nation and is today part of our American heritage. Many athletic departments today are operating in the "red", and HEW's regu lations would impose a tremendous hardship on some and would be the death knell of many others. It would be an impossibility for most universities to fund an athletic program for women that would be comparable to the men's programs as we now have them. We are presently, and have been for several months, operating several areas of our department on moneys received from outside sources. And for HEW to say, at a time when costs are spiralling, that we must almost if not double our expenditures, is asinine and unrealistic. The NCAA, conferences, institutions and athletic directors are continuously searching for ways to reduce costs in athletics and still keep a program which is attractive to the paying public, for without them there would be no program. The NCAA has called a special meeting in Chicago on August 14-15 (only the second time in history) for this specific purpose. Some items to be discussed are fewer scholarships, limited number of coaches, less scouting, less recruiting, devaluation of scholarships, limiting the size of traveling squads, and many other things. I respectfully urge you to please consider the plight of all our universities and reject HEW's Title IX regulations and return them for an in depth study on the impact it would have on American athletics. This is necessary for our survival and should be done because practically every school in the country is doing something for women's athletics on their own volition, and this is just a beginning. Sincerely, MAXIE T. LAMBRIGHT, LOYOLA UNIVERSITY OF CHICAGO. Congressman AUGUSTUS F. HAWKINS, DEAR CONGRESSMAN: Will make this note short. Please vote to send Title IX back to H.E.W. for a detailed impact study. Otherwise, our whole program, both men and women, will go down the drain. I have been a coach and a teacher for 35 years; my intentions are not selfish. Best wishes, GEORGE M. IRELAND, Hon. AUGUSTUS F. HAWKINS, WOMEN'S EQUITY ACTION LEAGUE, Chairman, Equal Opportunities Subcommittee, Rayburn House Office Building, Washington, D.C. DEAR MR. CHAIRMAN: As you have invited comments and opinions on Title IX, I am sending you a copy of testimony I presented before the Special Subcommittee on Education on June 25, 1975. WEAL believes that, taken as a whole, the Title IX regulations provide a reasonable framework within which Title IX can be implemented and urges that the Congress allow these regulations to become effective on July 21, so that long overdue and much needed enforcement can begin. Sincerely, NORMA RAFFEL. TESTIMONY OF NORMA RAFFEL, HEAD, EDUCATION COMMITTEE, WOMEN'S EQUITY ACTION LEAGUE (WEAL) I am Dr. Norma Raffel, Head of the Education Committee of the Women's Equity Action League (WEAL). WEAL is a national voluntary organization which promotes equality in education and employment through legislaiton, litigation, and by pressing for full enforcement of anti-discrimination laws on behalf of women. Also, I am a Commissioner on the Pennsylvania Commission for Women and represent it on the Pennsylvania Department of Education's Task Force to eliminate sexism from the schools. In 1972 when I was national president of WEAL, Congress passed Title IX of the Education Amendments which prohibits discrimination because of sex in educational programs or activities that receive Federal financial assistance. This law affects nearly every educational institution in the country and promises, if enforced, to assure girls and women the same opportunties that their male counterparts have enjoyed in the area of education. Title IX was enacted because there was a clear need for such legislation. Hearings had been held which revealed pervasive sex discrimination in all aspects of educational programs and activities including admissions, treatment of students and employment practices. For two years women waited, sometimes impatiently, for HEW's Office for Civil Rights to develop regulations so the law could be enforced. Finally, in June 1974 the proposed regulations were published in the Federal Register and comment was invited. After reviewing nearly 10,000 comments, HEW made some changes and President Ford signed the regulations last month. Since then Congress has 45 days during which it can take no action and allow the regulations to become effective on July 21, 1975 or vote disapproval which may return them to HEW for further changes. Now, three years after Title IX was enacted there is real hope that HEW will have regulations so the law can finally be enforced. It becomes obvious as the regulations were being developed that eliminating sex discrimination from educational institutions was a large, complicated undertaking-mainly because the discrimination was so pervasive and had gone unrecognized for so long. Eliminating discrimination because of sex in education will mean changing time-worn establishment practices to conform with the legal requirement of nondiscrimination. Quite naturally many groups and persons that have enjoyed or benefited by the preference given to males in the past will object to the application of the law, question its intent or scope and attempt to delay equal opportunity in education. It is up to us now to look calmly and clearly at the intent of Congress and the law and to allow these regulations which provide a reasonable framework to carry out the nondiscrimination principles of Title IX to become effective so that enforcement can proceed. There are two areas which seem to be of major concern and I should like to briefly comment on them. They are the scope of coverage and athletics. Scope of Title IX Coverage: There is some controversy over whether Title IX prohibits discrimination in all of the educational programs and activities of an educational institution or just those programs and activities directly receiving Federal financial assistance. Crucial to resolving the problem is the interpretation of the phrase “education program or activity" found in Section 901 of Title IX. |