UM at least taking aim at gender equity

What has been driving me crazy about this whole Title IX-Gender Equity scramble going on at the University of Maine is trying to find out what, exactly constitutes satisfactory compliance with the federal law guaranteeing equal opportunity.

I mean, is Maine legal the day the women’s softball field looks like Mahaney Diamond and not before?

On Monday, while outlining Maine’s still-in-progress plan for reaching compliance, which includes pumping an additional $700,000 into women’s sports programs over the next three years, Orono campus president Fred Hutchinson used the following phrase:

“Over three years we would build that (women’s programs) to where we would essentially achieve gender equity by our definition. We think it makes it.”

OK, so just what is Maine’s definition of gender equity? Is it the right definition? Is it enough that the folks at UM think their definition makes it?

According to Sue Estler, Maine’s director of equal opportunity and the point person on UM’s drive to gender equity, the definition UM athletics is working with is “substantial proportionality” in the areas of participation and funding, along with upgraded facilities for women.

Proportionality I understand. It means since Maine’s undergraduate student body is 47 percent female, then 47 percent of the varsity athletes should be female, and 47 percent of available funding should go toward women’s sports. Simple. Maine’s problem is females currently constitute only 39 percent of varsity athletes and receive only 27 percent of the athletic budget.

Now my question becomes, what constitutes “substantial” proportionality?

According to Estler, that depends on what year it is and what the latest court decision said. More than 25 lawsuits involving Title IX have been filed since the law hit the books more than 20 years ago.

“Ten years ago getting within 10 percent of proportionality in participation would have been considered substantial. Now, based on recent rulings, I’d say it’s three to four percent,” she said.

Estler, who has a filing cabinet drawer filled with Title IX facts and figures in her office dating back a decade, said Maine is currently looking at the recent “Brown University case ruling” as a guideline.

Here’s the short version of the Brown case:

In March, a federal judge ruled that Brown was in violation of Title IX because its proportion of female athletes was far too small compared to its proportion of female students (38 percent compared to 51 percent).

The judge ordered Brown to come up with a comprehensive plan within 120 days to bring the women’s participation rate into proportionality. He did not use the word “substantial.” This meant Brown had to come up with spots for another 120 women athletes or reduce men’s sports to make the numbers come out right. Brown is still planning.

I thought I understood. The law now demands exact proportionality.

Then along came the NCAA News this week to muddy the water.

Norma Cantu, the assistant secretary for the U.S. Office of Civil Rights, stated in that publication that her office deems an institution to be in compliance with the law if it can meet any one part of this three-part test:

1. Provide athletics participation opportunities in numbers that are substantially proportionate to enrollment by gender; 2. Establish a history and continuing practice of program expansion for members of the underrepresented sex; 3. Fully and effectively accommodate the interests and abilities of the underrepresented sex.

Hmmm, I thought. Hutchinson’s announcement, which includes Maine possibly building a multi-million dollar recreation facility, could satisfy category 3. The planned $700,000 increase could satisfy category 2 and help in category 1. It looked to me, then, like Maine’s goal of compliance is reachable, and soon.

Estler chuckled at my analysis.

“The only part of that test that really guarantees you safe harbor is the first part, proportionate opportunities,” said Estler. “Once you get there, it still requires constant monitoring. Gender equity is a moving target.”

All I know from Hutchinson and Estler is Maine is at least taking aim. It will be awhile before we know if it hits the target.