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Wnited States. Congresso House. Committee on Education ind

Labor, Subcommittee on Equal Opportunities,
HEARING ON HOUSE CONCURRENT RESOLUTION 330

(Title IX Regulation)

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HEARING HELD IN WASHINGTON, D.C., JULY 14, 1975

Printed for the use of the Committee on Education and Labor

CARL D. PERKINS, Chairman

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1975

56-300

COMMITTEE ON EDUCATION AND LABOR

CARL D. PERKINS, Kentucky, Chairman
FRANK THOMPSON, Jr., New Jersey ALBERT H. QUIE, Minnesota
JOIIN H, DENT, Pennsylvania

JOHN M. ASHBROOK, Ohio
DOMINICK V. DANIELS, New Jersey ALPHONZO BELL, California
JOHN BRADEMAS, Indiana

JOHN N. ERLENBORN, Illinois JAMES G. O'HARA, Michigan

MARVIN L. ESCH, Michigan AUGUSTUS F. HAWKINS, California

EDWIN D. ESHLEMAN, Pennsylvania WILLIAM D. FORD, Michigan

PETER A. PEYSER, New York PATSY T. MINK, Hawaii (on leave)

RONALD A. SARASIN, Connecticut LLOYD MEEDS, Washington

JOHN BUCHANAN, Alabama PHILLIP BURTON, California

JAMES M, JEFFORDS, Vermont JOSEPH M. GAYDOS, Pennsylvania

LARRY PRESSLER, South Dakota WILLIAM "BILL" CLAY, Missouri

WILLIAM F. GOODLING, Pennsylvania SHIRLEY CHISHOLM, New York

VIRGINIA SMITH, Nebraska
MARIO BIAGGI, New York
IKE ANDREWS, North Carolina
WILLIAM LEHMAN, Florida
JAIME BENITEZ, Puerto Rico
MICHAEL BLOUIN, Iowa
ROBERT CORNELL, Wisconsin
TED RISENHOOVER, Oklahoma
PAUL SIMON, Illinois
EDWARD BEARD, Rhode Island
LEO ZEFERETTI, New York
GEORGE MILLER, California
RONALD MOTTL, Ohio
TIM HALL, Illinois

SUBCOMMITTEE ON EQUAL OPPORTUNITIES

AUGUSTUS F. HAWKINS, California, Chairman WILLIAM “BILL" CLAY, Missouri

JOHN BUCHANAN, Alabama JAIME BENITEZ, Puerto Rico

ALBERT H. QUIE, Minnesota, Ex Officio PATSY T. MINK, Hawaii (on leave) CARL D. PERKINS, Kentucky, Ex Officio

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CONTENTS

Page

Hearing held in Washington, D.C., July 14, 1975..

1

Text of H. Con. Res. 330..

2

Text of section 431, subpart 2.

4

Statement of -

Gregory, Gwendolyn, director of the Office of Policy Communications,

Office for Civil Rights, Department of Health, Education, and Wel-

fare; John B. Rhinelander, general counsel; and Richard A. Hast-

ings, acting deputy assistant secretary (Education) ---

25

O'Hara, Hon James G., a Representative in Congress from the State

of Michigan ---

2

Prepared statements, letters, supplemental material, etc.:

Crothers, Diane, president, New York Association for Equal Oppor-
tunity in Higher Education, prepared statement of ---

44

Dale, Charles V., legislative attorney, Congressional Service, “Self

Evaluation and Grievance Procedures Prescribed by HEW Regula-

tions Under Title IX”.

40

Gregory, Gwendolyn, director, office of policy communications, office

for Civil Rights, Department of Health, Education, and Welfare,

prepared statement of..

22

Robinson, James L., director, Office of Government Liaison, Wash-

ington, D.C, letter to Chairman Hawkins with enclosures, dated

July 10, 1975..

40

STATEMENTS SUBMITTED TO THE SUBCOMMITTEE ON EQUAL OPPORTUNITIES

Bowden, Marie B., national president, Business and Professional Women's

Clubs, Inc., Washington, D.C., letter to Hon. Augustus F. Hawkins,

dated June 20, 1975-

56

Brown, Dr. Janet W., president-elect, Federation of Organizations for

Professional Women, letter to Chairman Hawkins, dated June 20, 1975.

Caplan, Marvin, director, Washington Office, Leadership Conference on

Civil Rights, Washington, D.C., letter to Chairman Hawkins, dated

June 20, 1975.-

70

Fagan, Clifford B., executive secretary, National Federation of State High

Schools Association, Elgin, Ill., mailgram to Chairman Hawkins--

63

Fouke, Harry H., president, National Association of Collegiate Directors of

Athletics, Cleveland, Ohio, letter to Chairman Hawkins, dated June 19,

1975.

66

Harris, James A., president, National Education Association, prepared

statement of -

58

Ireland, George M., director of athletics, Loyola University of Chicago,

Chicago, Ill., letter to Hon. Augustus F. Hawkins, dated June 16, 1975. 50
Lambright, Maxie T., athletic director, Louisiana Tech University, inter-

collegiate athletics, Ruston, La., letter to Hon. Augustus F. Hawkins,
dated June 18, 1975.-

50

Lasday, Dorothy, chairwoman, National Affairs Committee, National

Council of Jewish Women, New York, letter to Chairman Hawkins,

dated June 20, 1975.---

64

McCall, Abner V., president, Baylor University, Waco, Tex., letter to

Chairman Hawkins, dated June 18, 1975--

63

Murphy, Walter Y., executive vice president, Florida Southern College,

Lakeland, Fla., letter to Chairman Hawkins, dated June 23, 1975----- 62
National Women's Political Caucus, Washington, D.C., prepared state-
ment of

54

Raffel, Norma, chair, education committee, Women's Equity Action

League, Washington, D.C., letter to Hon. Augustus F. Hawkins, dated

June 26, 1975.-

51

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Page

64

Scott, Michael, Cox, Langford and Brown, Washington, D.C., letter to

man Hawkins enclosing statement of Bill Foster, Duke University -----
Taylor, William L., director, Center for National Policy Review, Catholic

Üniversity of American Law School, Washington, D.C., letter to Chair-
man Hawkins, dated June 20, 1975.

Wiley, Roger C., president, American Alliance for Health, Physical Educa-

tion, and Recreation, letter to Chairman O'Hara, dated June 19, 1975.-

Willenz, June A., executive director, American Veterans Committee,

Washington, D.C., letter to Hon. Augustus F. Hawkins, dated June 20,

1975.-

67

HEARING ON HOUSE CONCURRENT RESOLUTION 330

(Title IX Regulation)

MONDAY, JULY 14, 1975

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON EQUAL OPPORTUNITIES
OF THE COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C. The subcommittee met, pursuant to notice, at 9:45 a.m. in room 2175, Rayburn House Office Building, Hon. Augustus F. Hawkins (chairman) presiding.

Members present: Representatives Perkins, O'Hara, Hawkins, Clay, Benitez, Miller, Hall, and Buchanan.

Staff present: Susan D. Grayson, staff director; William Higgs, legislative assistant; Carole Schanzer, clerk; and Richard Mosse, assistant minority counsel.

Mr. HAWKINS. The Subcommittee on Equal Opportunities is called to order. The Chair has an opening statement which will be read at this time.

Mr. O'Hara, we will somewhat delay the proceeding until Mr. Buchanan, who is on the way, arrives. Possibly after I have read my opening statement, it may be that he will have arrived. This is the reason for the short delay.

The subcommittee is convened this morning to hear testimony on House Concurrent Resolution 330, disapproving certain provisions of the regulation implementing title IX of the Education Amendments of 1972.

The subcommittee is acting upon a vote on July 9, by the Committee on Education and Labor, to refer House Concurrent Resolution 330 to the Subcommittee on Equal Opportunities for its consideration for 3 legislative days.

Under section 431(d) of the General Education Provisions Act, Congress has 45 days to review the regulation to determine whether it is consistent with the authorizing legislation. Upon a finding of inconsistency, Congress may, by concurrent resolution, disapprove the regulation.

The concurrent resolution before us cites three provisions of the title IX regulation as inconsistent with the statute: Section 83.3 (c) and (d), requiring recipient institutions to conduct self-evaluation and maintain records; section 86.8, requiring the institutions to adopt a grievance procedure; and section 86.12(b), requiring religious institutions to submit a statement identifying the provisions of the regulation which conflict with a specific religious tenet in order to claim an exemption.

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