IX of the Education Amendments of 1972. United States - Eric

447 Pages·2011·10.54 MB·English

DOCUMENT RESUME
ED 136 136
CG 011 174
TITLE
Prohibition of Sex Discrimination., 1975. Hearings
Before the Subcommittee on Education of the Committee
on Labor and Public Welfare on S. 2106 to Amend Title
IX of the Education Amendments of 1972. United States
Senate, Ninety-Fourth Congress, First Session.
INSTITUTION
Congress of the U.S., Washington, D.C. Senate
Committee on Labor and Public Welfare.
PUB DATE
76
447p.; Hearings of September. 16 and 18, 1975; Hard
NOTE
copy not available due to marginal legibility of
original document
EDRS PRICE
MF-$0.83 Plus Postage. HC Not Available from EDRS.
DESCRIPTORS
*College Programs; *Constitutional Law;
*Discriminatory Legislation; *Extramural Athletic
Prog..:ams; Federal Government; Government
Publications; *sex Discrimination; *Womens
Athletics
IDENTIFIERS
iEducation Amendments 1972 Title IX
ABSTRACT
This government publication covers hearings regarding
the amendment to Title IX on prohibition of sex discrimination,
referred to as the "Tower Amendment" (Sept. 16-18, 1975). Testimoney
by those interested in supporting and defeating this amendment is
published in the form of papers, letters and signatures, and
indicates the need for attention to women's right to equal
opportunity in athletics/physical education. Arguments are proposed
to emphasize the importance of meeting the minimum needs of both
sexes before granting extra benefits to the "elite few" (Men) in
athletics. Special arguments pertain to the need for university wide
efforts to extablish stable, non-gate receipt sources of financial
support for all athletics. (SBP)
Documents acquired by ERIC include many informal unpublished
* materials not available from other sources. ERIC makes every effort *
* to obtain the best copy available. Nevertieless, items of margi4al
*
* reproducibility are often encountered and this affects the quality
*
* of the microfiche and hardcopy reproductions ERIC makes available
*
* via the ERIC Document Reproduction Service (EDRS). EDRS is not
*
* responsible for the quality of the original document. Reproductions *
* supplied by EDRS are the best that can be made from the original.
*
*********************************************************#*******#*****
4.0
teN
fr-1
tr\
PROHIBITION OF SEX DISCRIMINATION, 1975
BEST
COPY
AVAILABLE
HEARINGS
BEFORE THE
SUBCOMMITITE ON EDUCATION
OP THE
COMIITTEE ON
LABOR AND PUBLIC WELFARE
UNITED STATES SENATE
NINETY-FOURTH CONGRESS
FIRST SESSION
ON
S. 2106
TO AMEND TITLE IX OF THE EDUCATION AMENDMENTS
OF 1972
SEPTEMBER 16 AND 18, 1975
4 +.1
r
Printed for the use of the Committee on Labor and Public Welfare
BEST COPY AVAILARE
2
PROHIBITION OF SEX DISCRIMINATION, 1975
HEARINGS
BEFORE THE
SUBCOMMITTEE ON EDUCATION
OF THE
COMMITTEE ON
LIBOR IND PUBLIC WELFARE
UNITED STITES SENATE
NINETY-FOURTH CONGRESS
FIRST SESSION
ON
S. 2106
TO AMEND TITLE IX OF THE EDUCATION AMENDMENTS
OF 1972
SEPTEMBER 16 AND 1S, 1075
Printed for the use of the Committee on Labor and Public Welfare
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON :
1976
64-223 0
3
COMMITTEE ON LABOR AND PUBLIC WELFARE
HARRISON A. WILLIAMS, JR., New Jersey, Chairman
JENNINGS RANDOLPH, West Virginia
JACOB K. JAVITS, New York
CLAIBORNE PELL, Rhode Island
RICHARD S. SCHWEIKER, Pennsylvania
EDWARD M. KENNEDY, Massachusetts
ROBERT TAFT, Ja., Ohio
J. GLENN BEALL, JR., Maryland
GAYLORD NELSON, Wisconsin
WALTER F. MONDALE, Minnesota
ROBERT T. STAFFORD, Vermont
THOMAS F. EAGLETON, Missouri
PAUL LAXALT, Nevada
ALAN CRANSTON, California
WILLIAM D. HATHAWAY, Maine
Do Nam) Emma°, Oeneral Counsel
MARJORIE M. WHITTAKER, OMef Clerk
JAY B. OMER, Minority Counsel
SUBCoMMITIIM oN EDUCATION
CLAIBORNE PELL, Rhode Island, Chairman
J. GLENN BEALL, in., Maryland
JENNINGS RANDOLPH, West Virginia
HARRISON A. WILLIAMS, Ja., New Jersey JACOB K. JAVITS, New York
EDWARD M. KENNEDY, Massachusetts
RICHARD S. SCHWEIKER, Pennsylvania
WALTER F. MONDALE, Minnesota
ROBERT TAFT, JR., Ohio
THOMAS F. EAGLETON, Missouri
ROBERT T. STAFFORD, Vermont
ALAN CRANSTON, California
WILLIAM D. HATHAWAY, Maine
STEPHEN J. WEXLER, COURSE/
Gr0000aY Foam Minority Counsel
CONTENTS
rate
Text of :
2
S. 2/06
WrrnEasns
CHRONOLOGICAL LJST oF
TUESDAY, svpnwamt 16, 1976
3
Hruska, Hon. Roman L., a U.S. Senator from the State of Nebraska
Fuzak, Dr. John A., president, National Collegiate Athletic Association ;
Stanley Marshall, secretary-treasurer, NCAA ; Karol Kahrs, assistant
athletic director, University of Illinois; Bill Ireland, director of athle-
tics, University of Nevada at Las Vegas; Larry Albus, director of
Sue Jones, coordinator of women's
athletics, St. Louis University ;
athletics, St. Louis University ; Ed Sherman, direetor of athletics, Mus-
kingum College, New Concord, Ohio ; Tom Hansen, assistant executive
Philip B. Brown and Michael Scott, legal counsel,
director, NCAA ;
21
NCAA, Washington. D.C., a panel
40
Tate, Dr. Willis, chancellor, Southern Methodist University, Texas
46
Bayh, Hon. Birch, a U.S. Senator from the State of Indiana
Gilbert. Clarissa, president, National Student Association accompanied
by Rick Marsden, speaker of Twin Cities Student Assembly, University
of Minnesota ; and Margy Duval, president, Intercollegiate Association
of Women Students, accompanied by Margie Chapman, past president
49
of laws, a panel
THURSDAY, SEPTEMBER 18, 1976
Burke, Peggy, president-elect of AIAW, University of Iowa ; Donna A. Lopi-
ano, women's athletic director, University of Texas at Austin ; Harry
G.
Fritz, dean of School of Health Education and director of athletics,
State University of New York at Buffalo, also president of the National
Association for Sport and Physical Education ; Joseph B. Oxendine, dean
of the College of Health, Physical Education, Recreation, and Dance,
Temple University, a panel representing the Association of Intercollegi-
93
ate Athletics for Women
Scannell, Dr. Robert 5., dean, College of Health, Physical Education, and
Recreation, Pennsylvania State University, accompanied by Newton Cat-
151
tell, director, Federal relations
Kurzman, Hon. Stephen, Assistant Secretary for Legislation for the De-
partment of Health, Education, and Welfare, accompanied by Peter E.
Holmes, director, Otlice for Civil Rights, DHEW ; Ms, Gwendoyin Greg-
Civil Rights,
ory, director, Office or Policy Communications, Office for
169
DHEW ; and St. John Barrett, Acting General Counsel, DREW
STATEMENTS
Association for Intercollegiate Athletics for Women, Peggy Burke, presi-
137
dent-elect, prepared statement
46
Bayh, Hon. Birch, a U.S. Senator from the State of Indiana
Burke, Peggy, president-elect of AIAW, University of Iowa; Donna A.
Lopiano, women's athletic director, University of Texas at Austin ;
director of
Harry G. Fritz, dean, School of Health Education and
athletics, State University of New York at Buffalo, also president of
B.
the National Association for Sport and Physical, Education; Joseph
Oxendine, dean of the College of Health, Physical Education, Recreation,
and Dance, Temple University, a panel representing the Association of
93
Intercollegiate Athletics for Women
137
Prepared statement
IV
Page
Fuzak, Dr. John A., president, National Collegiate Athletic Association;
Stanley Marshall., Secretary.Treasurer, NCAA ; Karol Kahrs, assistant
director of
Ireland,
Bill
Illinois;
director,
athletic
of
University
athletics, University of Nevada at Las Vegas; Larry Albus, director of
Sue Jones. coordinator of women's
St. Louis University ;
athletics,
athletics, St. Louis University ; Ed Sherman, director of athletics, Mus-
kingum College, New Concord, Ohio; Torn Hansen, assistant executive
Philip B. Brown and Michael Scott, legal counsel,
director, NCAA ;
21
NCAA, Washington, D.C., a panel
Gilbert. Clarissa, president, National Student Association, accompanied
by Rick Marsden, speaker of Twin Cities Student Assembly, Univeristy
of Minnesota ; aud Margy Duval, president, Intercollegiate Association
of Women Students, accompanied by Margie Chapman, past president of
49
lAWS, a panel
Prepared statement
59
3
Hruska, Hon. 'Roman L., a U.S. Senator from the State of Nebraska
8
Prepared statement
Kurzrnan, Hon. Stephen, Assistant Secretary for Legislation for the De-
partment of Health, Education, and Welfare, accompanied by Peter E.
Holmes, Director, Office for Civil Rights, DREW ; Ms. Gwendolyn Greg-
ory, Director. Office of Policy Communication, Office for Civil Rights,
169
DREW ; and St. John Barrett, Acting General Counsil, DREW
Prepared statement
178
National Association for Sport and Physical Education, Dr. Harry G.
144
Fritz, president, prepared statement
59
National Student Association, prepared statement
Pennsylvania State University, Dr. Robert J. Scanner', dean, College of
158
Health, Physical Education and Recreation, prepared statement
Scannell, Dr. Robert .7., dean, College of Health, Physical Education, and
Recreation, Pennsylvania State University, accompanied by Newton Cat-
151
tell, director, Federal regulations
158
Prepared statement
40
Tate, Dr. Willis, chancellor, Southern Methodist University, Texas
university of Texas at Austin, Donna A. Lopiano, director, Intercollegiate
115
Athletics for Women, prepared statement
ADDITIONAL INFORMATION
Articles, publication% etc. :
Elimination of Sex Discrimination in Athletic Programs, September
1975, memorandum to chief State school officers, superintendents of
local education agencies and college and university presidents,
186
from the Department of Health, Education, and Welfare
Fair Play for Intercollegiate Athletics, opening remarks by Senator
19
Hruska, from the Congressional RecordSenate, July 10, 1975
Southern
programs,
atb iectic
to
allocation
Nonrevenue
:funds
45
Methodist University, Texas
"Revolution In Women's Sports," from Women Sports, September
67
1974
Communications to :
Hruska. Hon. Roman L., a U.S. Senator from the State of Nebraska,
from :
Devaney. Bob, athletic director, Department of Intercollegiate
Athletics, University of Nebraska, Lincoln, Nebr.. Sept.
10,
15
1975
...
Osborne, Tom, head football coach, Department of Intercollegiate
16
Athletics, University of Nebraka, Lincoln, Nebr
Swofford, Aleen, women's athletic director, University of Ne-
18
braska, Lincoln, Nebr., Sept. 12, 1975
Island,
Pell, Hon. Claiborne, a U.S. Senator from the State of Rhode
f Health, Education,
from David Mathews, Secretary, Department
197
and Welfare (with enclosure)
6
APPENDIX
STATEMENTS
Page
Commonwealth of Pennsylvania. Department of Education. John C. Pit-
253
tenger. secretary. prepa red sta tement
Rutgers University. NeW Brunswick. N..!.. prepared statement
326
Articles, publications, etc.:
Title IX : Moving Toward Implementation. from the National Associa-
tion for Physical Education of College Women, and the National Col-
lege Physical Education Association for Men
202
"Maryland Athletics: A Financial Struggle." by Mark Asher, f:om the
Washington Post, Sunday. July 20, 1975
256
"F.qual Opportunity vs. Intercollegiate Football," by Phyllis Zatlin
Boring. New Jersey Women's Equity Action League
265
"Physical Fitness and Femininity." by Thomas Boslooper. minister
and Ph. D
281
"We've Got Big Shoes to Fill," from the University of Missouri-
Columbia, women's athletic program
351
"Deep Trouble for Affirmative Action. Your help Urged." from Na-
tional Organizatigm for vci.mien. Chicago, Ill.. Aug. 28. 1975 (with
436
attachments)
Communication to :
Bloustein. Edward .1_ president. Rutgers University, New Brunswick,
N.J.. from :
Hon. Claiborne. a U.S. Senator from the State of Rhode
431
Island. Sept. 16. 1975
Williams, Hon. Harrison A., Jr., a LS. Senator from the State of
New jersey, ()et. 3, 1975_
432
Byrd, Hon. Harry F., Jr., a U.S. Senator from the State of Virginia,
from:
Williams, Hon. Harrison A.. Jr., a U.S. Senator from the State of
New Jersey. jail. 20, 1976
426
Heilman, Dr. E. Bruce, president, University of Richmond, Rich-
428
mond, Va., Nov. 11, 1975
Curtis, Hon. Carl T.. a U.S. Senator from the State of Nebraska., from
Aleen Swofford. women's athletic director. University of Nebraska
at Lincoln. Lincoln, Nebr.. Sept. 12. 1975.
413
Hart, Hon. Philip A.. a U.S. Senator from the State of Michigan. from:
Williams. nom Harrison A., Jr., a U.S. Senator from the State of
New Jersey, Sept. 10, 1975
414
Cain, Mary A.. professor and chairperson, Commission on the
Status of Women. Western Michigan University, Kalamazoo,
415
Mich., Feb. 24, 1975 (with enclosure)
Javits. Hon. .Tacob K., a U.S. Senator from the State of New York,
I). Sledd. American Bar Association, Chicago, Ill.,
from Ilerbert
Sept. 15, 1975 (with attachment)
411
Parsons. Richard D., associate director, Domestic Council, Washing-
ton, D.C., from Robert J. Scannell, dean, Penn State University,
429
Aug. 29, 1975
Pell, lion. Claiborne. a U.S. Senator from the State of Rhode Island.
and Chairman of the Subcommittee on Education, from:
Boslooper. Thomas, minister, the Reformed Church of Closter,
280
Closter. N.J.. Sept. 5, 1975
Seward. Doris K.. D.P.A.. president. Women's Equity Action
League. Washington. D.C.. Sept. 6, 1975 (with attachments)_
304
Kollen. Patsy. South Lyon, Mich., Sept. 8. 1975 (with attach-
313
ment)
(V)
7
VI
Communication to-Continued
rage
I'ell, Hon. Claiborne, from-Continued
Bergmann, Barbara R., professor of economics, University of
Maryland, College Park, Md., Sept. 9, 1975
315
Bloustein, Edward J., president, Rutgers University, New Bruns-
wick, N.J., Sept. 11, 1975, and Oct. 20, 1975
325, 402
Seiden, Anne M., M.D., director of research, State of Illinois,
Department of Mental Health, Chicago, Ill., Sept. 12, 1975
329
Cardin, Shoshana S., chairwoman, Maryland Commission on the
Status of Women, Baltimore, Md., Sept. 16, 1975 (with attach-
ments)
337
Pearce, Janice, member, task force on title 9, Consortium of
Utah Women in Higher Education, Salt Lake City, Utah, Sept.
16, 1975
344
Daniels, Arlene Kaplan, president, Sociologists for Women in
Society, director, Program on Women, Northwestern Univer-
sity, Evanston, Ill., Sept.. 16, 1975
346
Vernon, Mary. associate professor of art history, Southern Meth-
odist University, Dallas, Tex., Sept. 17, 1975
347
Jarrett, Miss Alexis, assistant director. University of Missouri-
Columbia, Columbia, Mo., Sept. 18, 1975
350
Clemetsen, Siri, vice president, Region V. Intercollegiate Ass,via-
Hon of Women Students, Mount Pleasant, Mich., Sept. 18, 1975
350
Thorpe, JoAnne, professor and chairperson, Southern Illinois Uni-
versity at Carbondale, Carbondale, Ill., Sept. 19, 1975
360
Hornig, Dr. Li lli, executive director, Brown University, Provi-
dence, R.I., Sept. 22, 1975
367
Koenig, R. J., corresponding secretary, the Cleveland Business and
Professional Women's Club, Maple Heights, Ohio, Sept. 24,
374
1975
Kramer. Marge. coordinator of women's athletics, Upper Iowa
University, Fayette, Iowa, Sept. 25, 1975
376
Hoth, Sandra, president, Iowa Association for Intercollegilte
Athletics for Women, Grinnell College, Grinnell, Iowa, Sept. 26,
379
1975
Holmstrom, Lynda Lytle. Ph. D., chairperson, Sociologists for
Women in Society, Oct. 9, 1975
394
Ashhurst. Nancy, president, Missouri Women's Equity Action
League, Hazelwood, Mo., Oct. 11, 1975
398
Miscellaneous communications to Senator Pell
317-324
331-336, 348, 349, 361-366, 369-373, 375, 380-393, 395-397, 399-401,
403-410
Williams. Hon. Harrison A. Jr.. a U.S. Senator from the State of New
Jersey and Chairman of the Committee on Labor and Public Affairs.
from:
Boring, Phyllis Zatlin, past president, Women's Equity Action
League, Old Brblge, N.J., Sept. 2, 1975
264
Bloustein, Edward J., president, Rutgers University, New Bruns-
wick, N.J.. Sept. 11, 1975
268
Dougherty, Dr. Neil J.. director, Division of Recreational Sports,
Rutgers University, New Brunswick, N.J.. Sept. 15, 1915
270
Goralczyk, Darlene, vice president, Intercollegiate Association of
Women Students. Region II, Flagstaff, Ariz, Sept. 15. 1975
272
(7lemetsen. Siri, vice president. Intercollegiate Associatkm of Wo-
men Students, Region V, Mount Pleasant, Missouri, Sept. 18,
213
1975
Hansel, Ginger. president, Students' Association, and Ed Martin,
director of State affairs, University of Housthn, Houston, Tex.,
274
Oct. 1, 1975
Southern Methodist University students, in Dallas, Tex., Sept. 12,
277
1975
Byrd. Hon. Harry F., Jr., a U.S. Senator from the, State of Vir-
427
ginia, Nov. 18, 1975
Sledd, Herbert D., American Bar Association. Sept. 15, 1975 (with
attachment)
434
8
DISCRIMINATION, 1975
PIt011itITION OF SEX
1976
Ttrtsp lir, SEPTEMBER, 16,
U.S. SENATE,
SuBCOMMITTEE ON EDUCATION OF Tan
PUBLIC WELFARE
CO3IMITME ON LABOR AND
Washington,D.C.
3302,
at 10 a.m., in room
Pursuant to notice,
TPe subcommittee met,
subcommittee
Senator Claiborne Pell,
Dirlsk`n Senate Office Building,
chainian, presiding.
Stafford.
Beall, javits, Randolph, and
present Seuators pell,
will come to order.
Sen,ator PELL. The subcommittee
introduced by Senators
testimony on S. 2106,
we will receive
exempt
Laxalt. This legislation would
Tole.t, Bartlett, Hruska, and
from the
intercollegiate athletic activities
certalti reventie producing
1972, which pro-
Education Amendments of
cover4ge of title IX of the
basis of sex.
hibit% discrinhinatior on the
intercollegiate
regulations concerning
Interestingly enough. the
of title
and really a. tiny portion,
athletics are a very small portion,
title
all proportion to the
Wieve have been blown out of
TX was enacted in
to state here that title
itsea. I think it is important
which the
issued, regulations
10, and it is the law. Regulations were
of, yet did not.
CoPRress renld have disapproved
regard to
points of view with
hearintg today is not to rehash
sole purpose of
submitted thereunder. The
title, IX or qie regulations
and his colleagues as
amendment of Senator Tower
the uearing Is the
intercollegiate athletics.
it pettains to
provide for bal-
bearings, great care was taken to
n setting Up these
that the hear-
side of tbe issue would allege
anCed testimony so that no
look at the witness
direction or another. If you
ings Were slatiod in one
balance one viewpoint with
that there is an attempt to
,(7)u will see
the record
however, that statements for
the 'zither. This is not to say,
effect
the greater question of the
,4,11 sides of the issue. as well as on
on
be accepted
underlying title IX itself, will not
bill oh the theory
of
record will be kept
record. For this purpose tbe
fof the printed hearing
days.
or7e44 for tile ensuing it
will follow.
,,`1- copy of the bill S. 2106
I:the bill referred to follows :]
(1)
9
2
94nt CONGRESS
S. 2106
1ffr SESSION
IN THE SENATE OF THE UNITED STATES
JuLY 15 (legislative day, Jtaz 10), 1975
Mr. TOWER (for himself, Mr. 13:ortirrr, Mr. IIRUSKA, and Mr. LANALT) intro-
duced the following bill; which was read twice and referred
to the Com-
mittee on Labor and Public Welfare
A BILL
To amend title IX of the Education
:3cnts of 1972.
Be it enacted by the Senate and ilouse of Representa-
2
tires of Me United States of America in Congress assembled,
3
That section 901 (a) of the Education Amendments of 1972
4
(Public Law 92-318) is amended 1)3--
t ri king out .the word "and" at the end of
(1)
5
6
palagraph (4) of such section; and
(2) striking out the period at the end of
7
para-
8
graph
(:)) and inserting in lieu thereof
a semicolon and
the word "and"; and
9
10
(3) adding at the end thereof the following
new
paragraph:
11
1 0