We were particularly pleased that Title IX was enacted because we felt this indicated that Congress was truly aware of the magnitude of the problem, and that Federal government support of equality of educational opportunity would have a tremendous impact. We have been greatly distressed by the fact that three years have passed without regulations for enforcement of Title IX. While passage of legislation is important, it means little if there is no enforcement. It is unreasonable to expect that much movement can be made toward implementing Title IX, or that enforcement can truly begin, without the existence of guidelines. Therefore, we strongly believe that the final regulations issued by the Department of Health, Education and Welfare should be approved. While these regulations are not all that we had hoped they would be, while we would like to have seen more comprehensive and far reaching guidelines, we still think it is crucial that they be approved in their present form so that enforcement of this most important law can begin-now. Already too many young women and girls who would have been affected by Title IX have passed through the educational system without the benefit of educational opportunities taken for granted by young men and boys. Since passage of Title IX in 1972, too many opportunities have been lost, too many doors have been closed, too many lives have been altered because of sex discrimination in education. While these past opportunities may never be recovered, it is important that there be no more delay, that no more girls and women be adversely affected simply because they were born female. Congressional approval of the regulations in their present form will assure that a beginning can be made now to develop the talents and aspirations of a sizeable portion of our population. We would like to comment briefly on the matter of athletics, a subject which has, in our opinion, received a disproportionate amount of publicity. We believe that athletics and sports programs are an important part of the education and development of the whole person, male or female. We agree that athletics are an integral part of an institution's educational program, and that they should be covered by Title IX. In conclusion, we urge that Congress approve the regulations in their present form. AMERICAN VETERANS COMMITTEE, Hon. AUGUSTUS F. HAWKINS, DEAR CONGRESSMAN HAWKINS: Enclosed is a statement by the American Veterans Committee in the Title IX regulations proposed by HEW. We respectfully request that this statement be made a part of the record. Thank you. Sincerely yours, JUNE A. WILLENZ, STATEMENT OF THE AMERICAN VETERANS COMMITTEE The American Veterans Committee has been very concerned over the years with all aspects of discrimination against any group of individuals and after a long history of dedicated efforts on behalf of civil rights, has championed equal rights. We have supported passage of the E.R.A. and also have participated in the legal struggle for equal rights. Our platform states: "A.V.C. stands for equality for all, regardless of race, color, ancestry, national origin, religion, sex or age, and for the constitutional guarantees of such equality." and "A.V.C. supports an educational system and a public health system which will give the American people and America's youth in particular, the knowledge, skills, and training, and the physical and mental health and stamina, to continue their forward march toward America's democratic fulfillment. Sex discrimination in the nation's schools and colleges is one of our concerns. We assume that any programs dedicated to youth's education and fulfillment means all youth-female as well as male. The rampant sex-discrimination that has been practiced in almost all educational institutions and has barred females from participating in programs, sports and other activities, must be stopped. While Title IX does not address all the problems of sex discrimination in educational institutions, it does address itself to a large number of institutions. We urge that the Congress allow the regulations relating to Title IX become effective on July 21, 1975, as approved by the President. Even though we have some reservations concerning some of the provisions of the regulations which omit other provisions which would have strengthened the Title IX mandate, but nevertheless we support the proposed regulations as an important beginning step to meet the nation's obligation to provide equal opportunity for women in this country. We had hoped that stronger affirmative action requirements and a more even-handed treatment of athletic programs would have been included. However, the regulations do come to grips with some of the major issues of sex discrimination in many aspects of education. Therefore, we urge that these regulations should not be watered down or deferred, but approved by the Congress immediately. We call upon the Congress to approve this regulation and to monitor closely how educational institutions comply with them. We would hope that Congress will also oversee diligently the track record of HEW in administering and enforcing these regulations. STATEMENT OF JAMES, A. HARRIS, PRESIDENT, NATIONAL EDUCATION ASSOCIATION The National Education Association is pleased to testify before this Subcommittee on the federal regulations implementing Title IX of the 1972 Education Amendments. NEA worked to ensure passage of the original legislation and submitted comments last fall to the Department of Health, Education and Welfare urging the development of strong, effective regulations. Although other federal nondiscrimination laws have previously prohibited sex discrimination in educational employment, Title IX is the first and only legisla tion to prohibit sex discrimination against students in federally assisted educational programs. More than 60 million students enrolled in programs from early childhood through higher education will be affected by this coverage. Title IX is truly a milestone in the quest for equality in education. Sex discrimination in education admissions, vocational education programs, counseling and guidance materials, and mandatory maternity leave for female employees was recognized by Congress as significant denial of equality for womenPotential effectiveness of the regulations now before this Subcommittee cannot be overemphasized, although they do not speak to all the sources of sex bias in education. Nonetheless, we believe that this is the beginning of a good faith effort on the part of HEW to enforce the Congressional intent of Title IX. Recognizing that the purposes of these hearings is to determine only whether or not the regulations conform to the intent of the law-and we believe that they do we would like to point out several areas which we feel deserve special commendation. In our initial comments on the proposed regulations, NEA urged that institutions to encouraged to begin a self-evaluation process to identify overt and covert forms of discrimination within their agencies and institutions and initiate voluntary efforts toward compliance with the law. We are pleased to note that the final regulations have incorporated that recommendation. The NEA is also pleased to see that HEW modified its proposed requirement for use of an internal grievance procedure prior to the filing of a complaint with HEW. Although such a requirement was not in the initial draft of the regulations, it was reported to have been a part of the regulations submitted to the President earlier this year. We found no legislative history to justify such a requirement and are gratified that it is not included in the final document's provsion regarding internal grievance procedures. Certainly, there are areas which HEW might have emphasized more strongly. For instance, there are still no provisions requiring review of sex bias in textbooks and instuctional materials nor is there any provision for equal benefits in retirement plans for employees, nor for the development of essential inservices training programs for school personnel. In addition, we are concerned that HEW has not yet established an active, aggressive record in relation to the enforcement of Title IX. In the nearly three-year interim between passage of the legislation and the release of these regulations, millions of students and employees have been denied full equality. With the release of the final regulations which implement the intent of the law, the issue of enforcement will now become paramount. Since the passage of Title IX, 18 States have moved toward increasing equality through the passage of some form of legislation dealing with sex equality in education. In addition, at least eight state laws or administrative mandates move beyond the proposed Title IX regulations in their requirements for affirmative or remedial action in both employment and educational programs. These actions reflect growing recognition of the urgency of the matter. We cannot afford to delay, and face the passage of another school year without beginning the difficult task of moving toward sex equality in education. We would hope that the hearing record of this Subcommittee and of the other Committees involved will establish a focus for future Congressional oversight. NEA has begun an active information and training program for notifying our membership of the new regulations and the implications for schools. We are hopeful that with the watchful assistance of the Congress, private organizations, and individuals, HEW will implement the regulations quickly and fully so that sex equality can become a reality in our educational agencies and institutions. STATEMENT OF U.S. REPRESENTATIVE AUGUSTUS F. HAWKINS, CHAIRMAN OF THE SUBCOMMITTEE ON EQUAL OPPORTUNITIES, COMMITTEE ON EDUCATION AND LABOR This statement is submitted on behalf of the Federation of Organizations for Professional Women. The Federation, which was formed three years ago, is an umbrella organization of 64 affiliates with a wide range of professional identifications. Our purpose is to provide a mechanism for improving the status of women by promoting equality of opportunity in education and employment. Among our affiliates are the American Association of University Women, the American Medical Women's Association, Graduate Women in Science, the National Association of Women Deans, Administrators, and Counselors, the Association of Women in Science, women's caucuses in the American Political Science Association and the American Economics Association, and the Intercollegiate Association of Women Students. THE FINAL PROGRAM REGULATIONS OF TITLE IX SHOULD GO INTO EFFECT IMMEDIATELY Title IX of the Education Amendments of 1972 suggested the beginning of a new era of equality for the girls and women of the United States of America. As a mechanism for permitting them to make a maximum contribution to society, the importance of Title IX cannot be exaggerated. The final regulations are consistent with the letter and intent of the statute, and if properly implemented, should go far towards removing the blemish of sexism which now disfigures the face of our society. The Federation applauds the inclusion of several provisions in the final regulations. VOLUNTARY COMPLIANCE MECHANISMS We agree with the Secretary of Health, Education, and Welfare that much discrimination results from a lack of awareness in our educational institutions and therefore wholeheartedly support section 86.3 (c) which provides for recipient self evaluation. We feel that the self awareness resulting from these evaluations will prove invaluable in promoting the voluntary elimination of discrimination. The Federation is disappointed in the lack of specificity in the provisions requiring institutional grievance procedures (§86.8(b)), but hopes that they too will provide a viable mechanism for voluntary compliance. We are encouraged in this hope by the inclusion of provisions for wider dissemination of more specific materials ($86.8 (a) and §86.9(a) (i)) which we feel will provide impetus for equitable resolution of complaints. The Federation also commends the agency for incorporating provisions on assurance procedures and self evaluation (§ 86.3 (c) (iii) and § 86.4(a)) which extend remedial action requirements into the sphere of voluntary compliance. These changes and inclusions all help to provide a firm basis for the voluntary compliance mandated by the statute. SCHOLARSHIPS The area of financial assistance also contains several significant provisions. While the Federation recognizes the difficulties in dealing with this area due to the restrictive nature of many gifts, we are also aware of the overwhelming need for corrective action, particularly since many women face, in addition to reduced opportunities for scholarships, discriminatory credit practices which severely limit the availability of other funding. We are particularly pleased by the inclusion of all scholarships, including all of those for foreign study (§86.36 (c)), and feel that with proper implementation, much-needed financial assistance will be more equitably distributed among America's able students regardless of sex. COUNSELING AND SEX-BIASED TESTING The Federation endorses the section on counseling and counseling materials ($86.36) and the section prohibiting the use of sex-biased testing materials (§86.21(b) (2)) which are carefully drafted, very inclusive, and hold great promise for overcoming the channeling of boys and girls, men and women into school and career choices which may reflect societal standards rather than personal needs and preferences. EMPLOYMENT The provisions dealing with employment are equally well drafted, and the Federation particularly applauds those sections which bring the regulation into conformity with the Equal Pay Act (§86.54 (b)), and those sections which provide for the treatment of pregnancy as a temporary disability ($86.57(2) (c)). We feel, however, that provision should be made to protect those whose jobs are abolished when certain sex-restricted programs merge. We do not approve the provision which allows for unequal benefits in pension payments (§86.56(b) (2)). We are aware that several agencies are submitting a joint pension recommendation to President Ford on October 15, 1975, but we feel the issue of pensions is so important that it should have been dealt with here as well. ATHLETICS The Federation of Organizations for Professional Women firmly believes that the athletic programs of a school fall under the purview of Title IX regulation. The overwhelming body of precedent set by Title VI case law, as well as the Congressional mandate to provide athletic regulations for the Education Amendments of 1974 thoroughly establish the basis for Title IX athletic regulation. The Federation believes that many groups have promulgated "scare stories" based on their ignorance of the provisions and their fear of change. We are quick to point out that the regulations do not require equal aggregate expenditures, but merely require that funding accommodate the "interests and abilities" of both sexes. In fact, we believe that these regulations will prove beneficial to both sexes by opening the door to changes which will reorient athletic education to the needs of all students, not just the needs of the "star athletes" of one sex. We absolutely reject the statements of those who decry Title IX as "signalling the end of college athletics". We would also like to point out that these regulations are not limited to college students, but promise vast improvements in opportunities to elementary and high school students as well. The Federation cannot help but note that many who disagree with the athletic regulations base their opposition on monetary considerations. This was most obviously the case with a contingent of football coaches from that fraction of schools with "golden goose" football teams who testified in the O'Hara subcommittee on June 17, 1975. In contrast to their statements, we believe that no one should be allowed to put a price tag on freedom. Physical fitness is not a sex-linked trait and no athletic program in the United States should deprive any citizen of the opportunity to achieve it. We view as utterly irresponsible those who would delay the enactment of such wide-ranging regulations solely on the grounds of their objections to the athletic provisions. IN CONCLUSION The Federation would like to point out that the regulations maintain certain distinctions that a majority of persons would consider valuable. Exemptions for sex-restricted locker rooms, toilet facilities, choruses, and sexual education classes ($86.33, §86.34 (e) (f)), are clearly spelled out. In addition, the Federation calls attention to the well-worded general exemptions for certain social organizations ($86.14). These carefully drafted provisions preserve certain social organizations such as Girl Scouts while prohibiting discrimination in the honor and professional societies, denial of membership in which is a hinderance to a successful career. Opening the doors of these societies can only benefit the nation as a whole by bringing both sexes into the mainstream of their professions and allowing them to make the fullest possible contributions in their chosen fields. After examining them thoroughly, the Federation of Organizations for Professional Women feels that these regulations should be adopted with all speed to further the cause of equal opportunity for women in the United States. Congress should not be persuaded to delay the enforcement of Title IX by disapproving these regulations. We have been waiting for them since 1972, and in a time when this nation needs to develop the potentials of all of its citizens, we cannot afford to wait any longer. THE PROPOSED CONSOLIDATED PROCEDURAL REGULATIONS SHOULD NOT GO INTO EFFECT The Federation's endorsement of the Title IX regulations in no way implies approval of the proposed procedural regulations released by the Secretary at the same time. The Federation feels that this simultaneous release was a deliberate attempt to confuse the public and the legislature about the coverage and intent of these two entirely distinct regulations. In the preceding pages we outlined our reasons for approving the Title IX regulations, in the next few pages we will outline our reasons for disapproving the proposed procedural regulations. FAULTY SUBMISSION OF THE REGULATIONS The Federation of Organizations for Professional Women is unalterably opposed to the HEW proposed procedural regulations. They were submitted in draft form under an adoption procedure which does not allow sufficient time for constructive public comment. We consider this method of governmental operation highly irresponsible, particularly since these regulations are so extensive in their implications for major civil rights legislation. INADEQUATE ENFORCEMENT AND DUE PROCESS OF LAW In addition to the deficiencies in their submission, the Federation feels that the proposed regulations provide an entirely inadequate mechanism of enforcement. We are particularly concerned about section 81.5, which does away with HEW's obligation to respond to individual complaints. This section, together with section 81.6 effectively instructs any persons who have suffered from illegal discrimination to take their troubles elsewhere. Complainants are advised to seek redress not from the federal agencies, but rather from "grievance procedures required to be available pursuant to the statute" (§ 81.6 (b) (2)). Such provisions completely ignore the fact that institutions whose actions give rise to complaints are likely to have pitifully inadequate grievance mechanisms. The Federation of Organizations for Professional Women believes there is a real question of due process at stake here. The whole of subparts C and E, by far and away the lion's share of the proposed regulations, are devoted to a detailed description of the legal rights of an institution already suspected of having broken the law, while the rights of the victims of such illegal actions are dismissed in two sections. Deprived of federal redress, an individual injured by institutional discrimination can be shunted from agency to agency at the local or state level. The Federation finds it inconceivable that there is no federal relief built into regulations which purport to enforce federal law. SYSTEMATIC DISCRIMINATION AND INSUFFICIENCY OF AGENCY ACCOUNTABILITY The publication in the Federal Register devotes a great deal of space to an apologia which describes the need for HEW to address itself to broad based systemic discrimination. While this need is well established, the Federation feels we cannot afford to accommodate it at the expense of procedures dealing with individual complaints. The concept which is the heart and soul of our political system is accountability. We elect our legislators and look to our courts for final redress in law. Ours is meant to be a government of the people, by the people, |