FLORIDA GULF COAST UNIVERSITY

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1 7/21/2009 FLORIDA GULF COAST UNIVERSITY Gender Equity Assessment Dr. Christine H. B. Grant

2 P a g e 2 FLORIDA GULF COAST UNIVERSITY GENDER EQUITY ASSESSMENT July, 2009 Table of Contents Page PART I: EXECUTIVE SUMMARY 3 PART II: DETAILED FINDINGS 11 Data Reviewed Athletically Related Financial Aid Participation/Accommodation of Interests and Abilities Treatment of Male and Female Student-Athletes Equipment, Uniforms and Supplies Scheduling of Games and Practices Transportation, Accommodations and Meals Tutoring and Academic Support Access to Coaching Locker Room, Practice and Competition Facilities Medical, Training Services and Insurance Coverage Publicity and Promotional Support Administrative, Fundraising and Other Support Services Recruitment of Student-Athletes Housing and Dining Facilities and Services Sexual Harassment Other Title IX Obligations Other Compliance Concerns Commitment to Gender Equity in the Athletic Department 26 Appendices: I. Desired Involvement by Head Coaches in Departmental Affairs 27 II. Departmental Working Climate 28 III. Suggestions to Enhance the Success of Teams 29 IV. Suggestions to Improve the Department 30

3 P a g e 3 PART I: EXECUTIVE SUMMARY Introduction This Executive Summary (pp. 3-11) is an overview of the results of a full report (pp ) plus appendices representing an assessment of Florida Gulf Coast University (FGCU) athletics program compliance with Title IX of the 1972 Education Amendments, a federal law that prohibits sex discrimination in the provision of education opportunities in any education institution that is a recipient of federal funds. The report examined all Title IX elements mandated under the regulations. Findings were presented for each element examined. If deficiencies were identified, recommendations were offered to achieve compliance. It should be noted that the requirements of Title IX and the mandates of the Office for Civil Rights (OCR) will always prevail when potential conflicts arise with institutional rules, conference rules or NCAA rules. Overall the institution is to be commended for being in compliance with Title IX in most areas. Rather than discriminating against female student-athletes (S-As) in the allocation of athletic scholarships, the institution has been overly generous to women. In the second major area, that of participation, the FGCU is in compliance with Prong 1. Women are being provided equal opportunity to participate in intercollegiate athletics at FGCU. In the third major area, that of equitable treatment of male and female student-athletes, the institution is allocating almost exactly the same proportion of finances to the women s program as the percentage of female studentathletes. The lack of uniform and consistent policies in the third area has inadvertently caused some discrepancies in the treatment of male and female student-athletes. With the creation and implementation of such policies, the disparities should disappear. It should be stressed that differences in expenditures between the men s and women s programs are permitted if they can be justified by non-discriminatory factors. It should also be noted that all coaches, with the exception of two, agreed or strongly agreed that the athletic department is committed to gender equity. Indeed, no suggestion was made that there is any intention to discriminate on the basis of sex. A large part of the concerns identified by head coaches appear to be related to an apprehension that there will be inadequate funding for scholarships and recruiting as the institution moves from Division II to Division I.

4 P a g e 4 Conclusions and Recommendations The FGCU athletics program is not currently in full compliance with Title IX requirements. All Title IX elements were examined with detailed findings presented in Part II. Summary conclusions and recommendations are as follows: 1. Athletically Related Financial Aid Conclusions: There is an imbalance favoring female athletes that should be reduced (i.e. required 54.6% vs. granted 62.5%). The NCAA scholarship limits for women is higher than for men in comparable sports but this fact does not allow the institution to violate Title IX. Moreover, when out of state waivers are granted on a non-discriminatory basis (one half of the maximum NCAA scholarship limits for each sport), women gain more waivers in addition to the waivers for the two additional sports that women have (i.e. swimming and volleyball). Recommendation #1 Limit the scholarship dollars awarded to women to a percentage no higher than the undergraduate female percentage at FGCU (57.2%). 2. Participation/Accommodation of Interests and Abilities Conclusions: Currently, there are 7,007 undergraduate students in the FGCU general student body, of which 4,009 (57.2%) are female and 2,998 (42.8%) are male. The OCR requires that graduate students be excluded from the student population for this calculation since generally only undergraduates are eligible to participated in intercollegiate athletics. There are 243 students participating in the athletics program, of which 136 (56%) are female and 107 (44%) are male. In order to be in absolute compliance with the proportionality standard, 3 additional athletics opportunities would have to be provided to female athletes, assuming that no opportunities for male athletes would be eliminated if this standard were utilized. Title IX does not require absolute proportionality but rather substantial proportionality. FGCU meets the substantial proportionality participation standard of Title IX. 3. Treatment of Male and Female Student-Athletes Although there are differences in the specific areas of the sports budgets for men s sports and for women s sports, the overall allocations to the men s and women s programs are equitable: %S-As Overall Allocations Men s Program 44% 43.6 Women s Program 56% 56.4

5 P a g e 5 The differences in expenditures occurred because the head coach was given great discretionary powers to spend as much or as little in each area of the sport budget. Recommendation #2 To ensure equitable treatment of male and female athletes in the future, it is important that policies and guidelines be established in as many budget areas as is appropriate so that little is left to the discretion of each head coach. These expenditures also must be monitored to ensure equity. These areas should include at least the following elements: equipment, uniforms, non-discriminatory travel, per diem, pre and post game meals, accommodations, number of student-athletes in a room, recruiting and size of travel squad. Update: As of July 2009, policies have been created in several of the above areas and all will be completed by the start of the academic year. Sport supervisors will be regularly overseeing expenditures in each of the areas. An equipment manager has completed a thorough inventory of equipment and uniforms. Additionally a non-discriminatory rotations system for uniforms will be in effect starting in the Fall, Equipment, Uniforms and Supplies Conclusions: Budget allocations for equipment/uniforms should be closer to the percentages of male and female athletes unless the differences in expenditures can be justified. See Recommendation #2. 5. Scheduling of Games and Practices Conclusions: Overall, male and female athletes have equal access to regular and post season competition and to the creation of a quality schedule. Compliance problems exist in the scheduling of practice times for volleyball, men s basketball and women s basketball. Women s basketball games do not have equal access to prime time slots. Recommendation #3 The Athletic Director should establish all practice times to ensure equal access for male and female studentathletes. Give priority to volleyball in the fall and rotate practice times for men s and women s basketball to provide equal access to optimum practice times. Establish rotational times in 2 nd semester for men s and women s basketball with volleyball having 3 rd priority. The women s basketball team should have equal access to games scheduled in prime times. It is permissible to take the academic class schedules into consideration when establishing practice times, providing a rotational system is in effect to ensure equal access to prime practice times for both men and women.

6 P a g e 6 6. Transportation, Accommodations and Meals Conclusions: It appears that the quality of the hotels/motels is not similar for all teams. There seems to be considerable confusion regarding the per diem for teams on the road as well as the provision of pre-and post- game meals and snacks. Some coaches believe the provision of these items is at the discretion of each coach and is dependent on the state of the team budget. With such a system, there is no assurance of equal treatment of male and female athletes. The number of athletes to a room varies from 2 to 4. See Recommendation #2. 7. Tutoring and Academic Support Conclusions: Equal treatment and benefits are being provided. 8. Access to Coaching Conclusions: Women s teams enjoy full time head coaches in 4 sports, while men s teams have 3 sports with full time head coaches. However, 65% of both male and female athletes have the benefits of full-time head coaches. Since the institution has made a commitment to diversity, the Athletic Director may wish to include diversity goals in the strategic plan. The current data on the gender and race of all coaches are noted below: %Male %Female %White %Minority Head Coaches 71% 29% 79% 21% Asst. Coaches 58% 42% 84% 16% When an analysis of access to all coaches (head and assistants with no attention to full-time or part-time status) is performed by head count, there is a very slight advantage for female athletes: 6.2 athletes per coach for females and 6.3 athletes per coach for males. When analyzed by FTEs, there is also a very slight advantage for female athletes: 10.5 athletes per coach FTE for females to 10.7 athletes per coach FTE for males. The head coaches of men s golf and tennis have considerably more years of experience than their counterparts. The women s golf coach had no previous coaching experience before being hired at FGCU: the women s tennis coach only had 1 year of experience prior to be hired at FGCU. The concern is whether the same quality and experience is being sought for coaches of women s teams compared to those provided for coaches of men s teams. To avoid being vulnerable in this area, it is extremely important that the search and hiring procedures are consistent for coaches of both men s and women s teams. Head coaches of the men s teams were more experienced than their counterparts but the head coaches of

7 P a g e 7 women s teams on average had higher salaries than their counterparts ($48,489 vs. $47,362). The reverse is true for assistant coaches. Having coaches with multi-year contracts benefits more female athletes (79%) than male athletes (37%) and the Athletic Director should address this issue. Recommendation #4 An examination of hiring practices should be conducted to ensure that the strategies used to identify, interview and select candidates are the same for coaches in the women s program as they are for coaches in the men s program. Additionally, these coaches should be offered the same benefits. If there are clear, nondiscriminatory policies in place regarding search procedures they should be implemented diligently. If they do not exist, they should be created. An examination of all salaries should be done to determine if adjustments are necessary. The Athletic Director should consider making multi-year contracts a more equitable situation for more male athletes, giving them the same benefits of a more stable coaching staff over the long term. Update: The women s tennis coach will become a full time coach in the Fall, The benefits package to coaches is currently under review. The new Athletic Director has recently increased the FTE percentages and salaries for men s and women s tennis and cross country as well as women s golf. 9. Locker Room, Practice and Competition Facilities Conclusions: Comparable teams are treated in an equitable fashion in the area of facilities. The exception is locker rooms where improvements could be made in two women s sports to create equity between men s and women s teams. Although not a gender equity problem, it was noted that the ratings for all areas in the facilities section were rated Inadequate for both the men s and women s cross country teams. Men s and women s tennis were rated as Inadequate in locker rooms, scoreboards, concessions and restrooms. Recommendation #5 Improved locker rooms for women should be included in the Gender Equity Plan. Update: Recently, a new cross country course for men and women was created and new locker rooms for men s and women s cross country and men s and women s tennis are now available. 10. Medical, Training Services and Insurance Coverage Conclusions: Uncertainty exists among coaches regarding the availability of student-trainers and certified trainers at practices. If no written policies exist in this area, they should be created and circulated to dispel the confusion. Typically such policies are not based on the sex of participants but on an analysis of injury risk factors related to the nature of the sport. The existence of such policies would demonstrate dependence on objective, non-sex-

8 P a g e 8 based criteria. Despite the confusion, coaches believe that there is equitable treatment of male and female athletes in this area. Recommendation #6 If no written policies exist to clarify the use of athletic trainers at practices and competitions, they should be created and circulated 11. Publicity and Promotional Support Conclusions: Women are provided more specific promotional materials than their counterparts. A more equitable balance of promotional materials is needed. All teams should be encouraged to attend the all-teams banquet to ensure equitable treatment of male and female athletes. Additionally, the Athletics Director may wish to implement uniform policies dealing with any additional awards banquets for specific teams. Recommendation #7 The Athletic Director should ensure there are equitable promotional materials for both men s and women s events. All teams should be encouraged to attend the all-teams banquet. The Athletic Director should consider creating policies to restrict awards banquets in addition to the all teams reception/ banquet to ensure there is equitable treatment of male and female athletes. Update: Men s and women s soccer now have separate media guides on line. The Athletic Director is considering having all media guides on line in the future. In the spring of 2009, the all teams banquet was changed to an awards reception that was much better attended. The Athletic Director will require all teams to attend the all teams reception or banquet in Administrative, Fund Raising and Other Support Services Conclusions: There are some inequities in this section. Administrative support is important in that it provides more time for coaches to devote to student-athlete counseling and services and assists in the retention of quality coaches. This may be caused by the hiring of a Director of Operations for certain sports (e.g., 2 women s teams and 1 men s team). The analysis showed the following: Benefits to Male Athletes Benefits to Female Athletes Secretary 35% 56% Equipment manager 77% 57% Cell phone 77% 62% Courtesy cars 49% 73%

9 P a g e 9 Recommendation #8 Inequities in the provision of support staff and services should be resolved to make the support equitable based on the number of male and female athletes they are serving. Courtesy cars and cell phones should be provided on an equitable basis. Fundraising policies should be carefully examined to ensure equity of benefits derived from booster funds. The Athletic Director should consider controlling all booster club monies and must extend oversight over the use of such funds to ensure that they do not result in the provision of benefits on a discriminatory basis. Update: The apparent difference in secretarial assistance is partly due to the fact that some coaches make use of the assistance available and others chose not to do so. The responsibilities of the two secretaries will be more clearly defined for The discrepancy in the allocation of cell phones has been rectified. Courtesy cars or allowances are now available for 4 coaches of men s teams and 6 coaches of women s teams. 13. Recruitment of Student-Athletes Conclusions: Recruiting expenditures are at the discretion of each coach. This will not lead to equitable treatment of male and female athletes. It was noted that 11 of the 14 head coaches indicated a concern that recruiting budgets were inadequate and this fact will affect their success in recruiting and therefore the competitive success of their teams. Recommendation #9 The allocation of recruiting dollars should be made on an equitable basis by the Athletic Director who will allocate based on the number of scholarships to be filled in each sport. 14. Housing and Dining Facilities and Services Conclusions: No athletes, male or female, are provided with special housing or dining facilities and services. 15. Sexual Harassment Conclusions: Title IX s sexual harassment provisions are distributed to all members of the athletic department. The athletic department has policies prohibiting coach/athlete dating and/or sexual relationships but the policy is not distributed to coaches and athletes on an annual basis. Nor does the department does provide annual in-service training on coach/athlete relationships. All institutional policies in this area should be posted in locker rooms. A policy specifically prohibiting retaliation against anyone raising a Title IX concern should be developed and distributed on an annual basis.

10 P a g e 10 Recommendation #10 Written policies and procedures on sexual harassment and coach/athlete relationships should be distributed to coaches and athletes on an annual basis. Educational programs on sexual harassment and coach/athlete relationships should be provided on a regular basis. The procedure for reporting sexual harassment and the policy on sexual relationships should be distributed to coaches and athletes on an annual basis. A policy specifically prohibiting retaliation against anyone raising a Title IX concern should be developed and distributed on an annual basis. All institutional policies in this area should be posted in locker rooms. All institutional policies in this area should be posted in locker rooms. 16. Other Title IX Obligations The institution completed a Title IX evaluation in January, 2008 and has a gender equity plan in place. A Title IX Coordinator is in place. Update: The Athletic Director has stated that he intends to appoint an Athletic Department Title IX Committee in the Fall, 2009 that will focus specifically on athletics. This committee will be in addition to the Institutional Title IX Committee. 17. Other Compliance Concerns Conclusions: Approximately $23,000 more is spent on event management for men s teams than for women s teams. There is roughly $17,000 difference in men s and women s basketball and $11,000 difference for baseball and softball. Often this is caused by discriminatory pay practices for officials for men s and women s events. Recommendation #11 The Athletic Director should investigate the area of event management to determine if the difference in expenditures can be justified. 18. Non Compliance Information At the request of Central Administrators, the gender equity survey included a series of questions unrelated to compliance but of interest to the administration. The responses to these questions are contained in the Appendices: Appendix I Desired Involvement of Head Coaches in Departmental Affairs Appendix II Departmental Working Climate Appendix III Suggestions to Enhance the Success of Teams Appendix IV Suggestions to Enhance the Department

11 P a g e 11 PART II: REPORT DETAIL Data Reviewed The following data and resources were examined in the preparation of this report: All data were provided by head coaches of each sport and the athletics director and collected in April of 2009 through an online survey. Analysis methodologies utilized may be found in Bonnett, V. and L. Daniel. (1990). Title IX Investigator's Manual. Office for Civil Rights, Department of Education Athletically Related Financial Aid (See Appendix A) Examined: Allocation of athletically related financial aid. Findings: The following chart provides the essential data in the area of athletically related financial aid: CHART 1: ATHLETICALLY RELATED FINANCIAL AID Scholarship Unduplicated Percent Percent Dollars Count Required Awarded Total Men $549, % 37.5% Total Women $917, % 62.5% TOTALS $1,466, % 100% In this area, scholarship equity is tied to the percentage of male and female athletes rather than the percentage of males and females in the general student body. Specifically, Title IX requires that total dollars awarded to male and female athletes be proportional to the unduplicated count of their athletics program participation percentages. Currently, there is an imbalance favoring female athletes that should be reduced. The NCAA scholarship limits for women are higher than for men in comparable sports but this fact does not allow the institution to violate Title IX. Moreover, when out of state waivers are granted on a non-discriminatory basis (one half of the maximum NCAA scholarship limits for each sport except men s and women s basketball which are permitted additional waivers), women gain more waivers in addition to the waivers for their two additional sports of swimming and volleyball.

12 P a g e 12 Conclusions: It would be advisable to limit the scholarship dollars awarded to women to a percentage no higher than the undergraduate female percentage at FGCU (57.2%). Additional scholarship dollars can be allocated to the men s program as well as increasing the number of out of state waivers to half the NCAA maximum number of scholarships in additional men s sports. Or, allocations to the women s program can be reduced. 2. Participation/Accommodation of Interests and Abilities (See Appendix B) Examined: Whether the FGCU athletics program meets any one of the three options available to demonstrate the provision of equal participation opportunities. It should be noted that the Title IX participation standard examines the number of actual participation opportunities (the number of athletes actually participating in each sport: an athlete who participates in two sports would be counted twice; a three sport athlete, which is quite common in cross country, indoor and outdoor track would be counted three times). None of the three options examines numbers of sports or teams. FGCU is required to meet any one of the three standards, an analysis of which follows: Examined: Option 1 Proportionality Standard - when athletics participation opportunities are provided to male and female athletes in substantially proportionate percentages as it relates to male and female enrollment percentages of the institution at-large. Findings: Currently, there are 7,007 students in the FGCU general student body, of which 4,009 (57.2%) are female and 2,998 (42.8%) are male. There are 243 students participating in the athletics program, of which 136 (56%) are female and 107 (44%) are male. In order to be in absolute compliance with the proportionality standard, 3 additional athletics opportunities would have to be provided to female athletes, assuming that no opportunities for male athletes would be eliminated if this standard were utilized. Title IX does not require absolute proportionality but rather substantial proportionality. Conclusions: FGCU meets the substantial proportionality participation standard of Title IX. Since the athletics program does provide female athletes with equal opportunities to participate, no further analyses of the standards for participation need be conducted. Monitoring of the male and female undergraduate population plus monitoring of the male and female athletic population should be done on an annual basis to ensure the institution remains in compliance in the area of participation. 3. Treatment of Male and Female Student-Athletes Although there are differences in the specific areas of the sports budgets for men s sports and for women s sports, the overall allocations to the men s and women s programs are equitable: %S-As Overall Allocations Men s Program 44% 43.6 Women s Program 56% 56.4 The differences in expenditures occurred because the head coach was given great discretionary powers to spend as much or as little in each area of the sport budget.

13 P a g e 13 Conclusions: To ensure equitable treatment of male and female athletes in the future, it is important that policies and guidelines be established in as many budget areas as is appropriate so that little is left to the discretion of each head coach. These expenditures also must be monitored to ensure equity. These areas should include at least the following elements: equipment, uniforms, non-discriminatory travel, per diem, pre and post game meals, accommodations, number of student-athletes in a room, recruiting and size of travel squad. Update: As of July 2009, policies have been created in several of the above areas and all will be completed by the start of the academic year. Sport supervisors will be regularly overseeing expenditures in each of the areas. An equipment manager has completed a thorough inventory of equipment and uniforms. Additionally a non-discriminatory rotations system for uniforms will be in effect starting in the Fall, Equipment, Uniforms and Supplies (See Appendix C, D, E and F) a. Examined: quality and quantity of sport-related equipment (balls, sport implements, batting cages, training aids, etc.) Findings: No gender inequities noted. b. Examined: maintenance, storage and accessibility Findings: No gender inequities noted. c. Examined: instructional equipment (videotapes, cameras, etc.) Findings: No gender inequities noted. d. Examined: competition uniforms and practice apparel Findings: With the exception of men s and women s golf where practice apparel is not issued, all coaches agree that practice apparel is comparable for men and women. With the exception of the 2 coaches who are unaware of practices related to the provision of game uniforms, all coaches agree that equity exists in this area. e. Examined: apparel and consumable equipment replacement schedules Findings: No gender inequities noted. Conclusions: Coaches believe that male and female athletes receive the same quality and quantity of sport related equipment, practice apparel and competition uniforms although budget allocations tend to favor men s sports:

14 P a g e 14 Equipment/Uniform Allocation % S-As Allocation Male S-As 44% 48.1% Female S-As 56% 51.9% Athletes in all sports have equal access to instructional technology and equipment storage, and equipment appears to be adequately maintained in all sports. The department will be implementing a non-discriminatory rotation system for practice and competitive uniforms for the academic year to ensure equity in the treatment of male and female athletes. 5. Scheduling of Games and Practices (See Appendix G) a. Examined: the number of competitive events per sport Findings: Male and female athletes have equal access to numbers of competitive opportunities appropriate to their sports. b. Examined: number and length of practice opportunities Findings: No gender inequities noted. c. Examined: time of day competitive opportunities are scheduled Findings: It appears that on days when basketball double headers are scheduled that the men s and women s teams do not play on a rotational basis. This arrangement does not allow women to have equitable access to prime time games. The same equal access to the prime time concept should apply when single games are scheduled. Even if an institution s conference was responsible for assigning games, this would not alleviate the institution s responsibility to demonstrate non-discrimination. Thus, if there is a prime-time issue created by a conference policy, a rules change should be proposed to the conference and the institution would be expected to refuse to comply with discriminatory scheduling practices. d. Examined: time of day practice opportunities are scheduled Findings: While it may be admirable to have coaches work out any conflicts in practice times, it is the Athletic Director who must ensure equitable access to prime time hours for practices for all studentathletes. Thus it is recommended that the Athletic Director establish all practice times. It was noted that, similar to many other athletic departments across the country, volleyball is given priority for practice times during the fall semester. In the sports of men s and women s basketball, the men practice in the early morning hours while the women practice in the evenings. To be equitable and fair to the student-athletes, these practice times should be rotated. In the 2 nd semester, a rotational system should also be implemented for men s and women s basketball with volleyball being given 3 rd priority. It is permissible to take the academic class schedules into consideration when establishing practice times, providing a rotational system is in effect to ensure equal access to prime practice times for both men and women.

15 P a g e 15 e. Examined: opportunities to engage in available pre- and post-season competitions Findings: All sports do not have substantially equal opportunities to participate in post-season competitions because the institution is in the NCAA 4 year transition period from Division II to Division I. The institution designated baseball and volleyball as fast-track sports and thus these two teams are eligible to participate in post-season competition two years earlier than the other teams was the 2 nd year of the transition. Conclusions: Overall, male and female athletes have equal access to regular and post-season competition and to the creation of a quality schedule. Potential problems exist in the scheduling of practice times for volleyball, men s basketball and women s basketball. Priority for volleyball in the fall coupled with rotational practice times for basketball could alleviate the situation. Rotational times in 2 nd semester would also ensure equitable treatment of male and female basketball student-athletes regarding access to optimum practice times. The Athletic Director should establish all practice times to ensure equal access for male and female student-athletes. Women s basketball games should have equal access to prime time slots. 6. Transportation, Accommodations and Meals (See Appendix C, H, I, J, and K) a. Examined: modes of transportation used by athletics team Findings: No gender inequities were found except in the instance of baseball, which never travels by air while softball took planes on 3 occasions to play 12 games. However, men s golf flew on 6 different occasions while women s golf flew only twice. Five flights for volleyball tip the scale in favor of women in the area team travel and the budget expenses confirm this: 60.8 % for women (56% of S-As) compared with 39.2% (44% of S-As). Despite the differences in expenditures, these aforementioned facts may not signal gender inequity because almost all coaches believe that the modes of transportation are determined by the size of team. If not already in place, written policies should be adopted which dictate modes of transportation based on non-discriminatory factors such as size of team and distance to the competition site. b. Examined: housing furnished during travel Findings: The coaches note that the quality of hotels/motels used for team trips varies from adequate to excellent and that the each coach s budget dictates the choice of the hotel/motel. During the creation of the budget, it would be helpful for coaches to use the same financial guidelines for hotel rooms in order to be able to predict that there will be comparable treatment of student-athletes. Additionally, there does not appear to be a departmental policy on the number of student-athletes in a room. Without such a policy, there is no way to ensure equitable treatment of student-athletes. e. Examined: per diem expense reimbursement and/or dining or meal arrangements Findings: There is confusion among the coaches on per diem allowances. All seem to believe that there is a departmental policy on per diem but they also believe that the provision of money for meals is based on the size of each budget. The same confusion exists with regard to pre- and post- game meals and snacks. Thus, there is no assurance of equal treatment of male and female athletes. From the data, it is not possible to determine if discriminatory practices are occurring. Since per diems are dictated by statute, coaches expenditures in this area should be monitored to ensure equitable treatment of

16 P a g e 16 student-athletes. Guidelines for pre- and post-game meals/snacks should be created to ensure the equal treatment of male and female athletes. Conclusions: Analysis of the budget for team travel confirmed that the allocations to women s teams are greater than the allocations to men s teams: % S-As Team Travel Allocation Male S-As 44% 39.2% Female S-As 56% 60.8% In several areas, it was noted that decisions on various elements of team travel are made at the discretion of the head coach. This is troublesome since it permits coaches to inadvertently create discriminatory practices between the men s and women s programs. To avoid the potential for disparate treatment of male and female student-athletes, the following budget suggestions are made: Since it appears that the quality of the hotels/motels is not similar for all teams, a policy that stipulates an average cost of a room should be developed each year so that coaches can build in adequate requests for their budgets for team travel. There seems to be considerable confusion regarding the per diem for teams on the road as well as the provision of pre-and post-game meals and snacks. Some coaches believe the provision of these items is at the discretion of each coach and is dependent on the state of the team budget. With such a system, there is no assurance of equal treatment of male and female athletes. A non-discriminatory policy specifically related to per diems as well as a policy for pre- and post-game meals/snacks should be developed which ensures the equal treatment of male and female athletes in these areas. A policy on the number of student-athletes in a room should also be developed and implemented. 7. Tutoring and Academic Support (See Appendix L) Conclusions: The provision of tutors, academic counseling and access to study hall are equal for male and female students. Access to computers for male and female student-athletes is equitable. 8. Access to Coaching (See Appendix M, N, O, P and Q) It should be noted that Title IX does not cover employment discrimination, which is a Title VII or an Equal Pay Act issue. However since the institution has made a commitment to diversity, the Athletic Director may wish to include diversity goals in the strategic plan. The current data on the gender and race of all coaches are noted below: %Male %Female %White %Minority Head Coaches 71% 29% 79% 21% Asst. Coaches 58% 42% 84% 16% Title IX examines whether female athletes are being provided with the same quality of and access to coaches as their male counterparts and whether differences in salary, benefits, hiring practices, employment terms (parttime vs. full-time, etc.) affect such quality or access. Coach/athlete teaching ratios were also examined, which

17 P a g e 17 address instructional time available to athletes. a. Examined: availability and assignment of full-time, part-time, volunteer, and student coaches Findings: Women s teams enjoy full time head coaches in 4 sports, while men s teams have 3 sports with full time head coaches. However, 65% of both male and female student-athletes have the benefits of full-time head coaches. When an analysis of access to all coaches (head and assistants with no attention to full-time or part-time status) is performed by head count, there is a very slight advantage for female athletes: 6.2 athletes per coach for females and 6.3 athletes per coach for males. When analyzed by FTEs, there is also a very slight advantage for female athletes: 10.5 female athletes per 1 coach FTE to 10.7 male athletes per 1 coach FTE. b. Examined: quality of coach based on years of experience at various levels Findings: Overall, the head coaches of men s teams have a greater number of years of experience than the head coaches of women s teams. Although this factor alone does not signify that the quality of the women s coaches is lower than that of the men s coaches, it is noted that in women s golf, the head coach had no previous experience at any level before being hired as a head coach at FGCU while the women s tennis coach had one year of experience. In men s golf and men s tennis the head coach has 30 plus years and 26 years respectively. With the exception of the cross country coach for men and women, all other head coaches have had considerable experience. Another indicator for testing equity in this area could be revealed in the policies and procedures followed when conducting searches for new coaches which were not examined as part of this study. If the same strategies are used to identify, interview, and select appropriate candidates for men s and women s teams, it would follow that the University is equally committed to obtaining similar levels of quality. If the search for coaches of men s teams are extended geographically or are conducted in a more aggressive manner (e.g. phone solicitation and willingness to pay competitive marketplace salaries) compared to the search for coaches of women s teams, a resulting inequity of coach quality may exist. If there are clear, non-discriminatory policies in place regarding search procedures they should be implemented diligently. If they do not exist, they should be created. c. Examined: rates of compensation Findings: It is difficult to determine the logic behind the salaries of some head coaches especially those noted in the chart below:

18 P a g e 18 Head Coaches FTE Sport Salary Yrs. Experience (College and HS) coaching.50 men s tennis $28, women s tennis $20, men s XC $12, women s XC $12,500 `3.50 men s golf $25, women s golf $25,000 1 If challenged, the institution may have difficulty in justifying the rate of compensation since there appears to be little relationship between the number of years of experience, the FTE responsibilities and the salaries. In an analysis of benefits, 8 coaches of men s sports enjoyed benefits compared with 12 coaches in women s sports. In men s sports, 6 had no benefits compared to 7 in women s sports: With Benefits Without Benefits % Male Athletes 77% 23% % Female Athletes 87% 13% By head count, head coaches of the eight women s teams are paid on average $48,489 while the six men s coaches are paid on average $47,362. That difference is because the women s basketball coach has a salary of $115,000 while the men s coach is at $90,000 which may reflect on the relative success of the two teams. The President will be establishing the head coaching position in softball as full time in the coming year.!n , this coach was quarter time. When this is done the FTEs for head coaches in comparable sports will be identical: Women s Teams Men s Teams Basketball Cross Country Golf Soccer Baseball/Softball

19 P a g e 19 Tennis Swimming 1.0 Volleyball 1.0 When calculated by the person, the assistant coaches of men s teams earn $2,,725 more than their counterparts. d. Examined: conditions related to contract renewal, terms and conditions Findings: Five of the head coaches of the women s teams have multi-year contracts (benefiting 79% of female athletes) while only 2 of the men s head coaches have this benefit (benefitting 37% of male athletes). The Athletic Director should consider making this a more equitable situation for more male athletes, giving them the same benefits of a more stable coaching staff over the long term. e. Examined: benefits of value in addition to salary/monetary stipends Findings: No gender inequities were noted. Conclusions: The head coaches of men s golf and tennis have considerably more years of experience than their counterparts in these sports who had no, or very limited previous coaching experience before being hired at FGCU. This may indicate a difference in the quality of the head coaches in the men s program compared to the head coaches in the women s program. To avoid being vulnerable in this area, it is extremely important that the search and hiring procedures are consistent for coaches of men s and women s teams. Access to the coaches in both the men s program and the women s program was similar when the number of athletes per FTE coach was analyzed. Head coaches of the men s teams were more experienced than their counterparts but the head coaches of women s teams on average had higher salaries than their counterparts. It is recommended that an examination of all salaries and benefits be done to determine if adjustments are necessary. Having coaches with multi-year contracts benefits more female athletes than male athletes and the Athletic Director should address this issue. Update: In July 2009, the new Athletic Director made the following changes: FTE Sport Salary.50 to.75 men s tennis $28,000 to $42, to.75 women s tennis $20,000 to $40, to.50 men s cross country $12,500 to $15, to.50 women s cross country $12,500 to $15,000 + Benefits added.50 to 1.0 women s golf Benefits added

20 P a g e Locker Room, Practice and Competition Facilities (See Appendix R) CHART 2: LOCKER ROOM, PRACTICE AND COMPETITION FACILITIES AS RATED BY ATHLETICS ADMINISTRATORS Superior Adequate Inadequate Examined M F M F M F a. Locker room quality and size 51% 35% 14% 45% 35% 21% b. Practice facility size and quality 78% 85% 11% 7% 11% 8% c. Competitive facility size and quality 78% 85% 11% 8% 11% 8% d. Competitive facility seating 14% 10% 63% 77% 23% 13% e. Competitive facility scoreboards 0% 0% 65% 79% 22% 15% f. Competitive facility concessions 0% 0% 78% 63% 22% 38% g. Competitive facility spectator parking 0% 0% 89% 92% 11% 8% h. Competitive facil. spectator restrooms 14% 23% 64% 62% 22% 15% i. Competitive facility condition/maint. 78% 85% 11% 7% 11% 8% a. Examined: quality, size and location of locker rooms Findings: Although the percentages show that more male student-athletes enjoyed Superior locker rooms (51% vs. 35%), an equal number of teams (men s and women s Soccer, Baseball and Softball) had Superior locker rooms. However, 3 women s teams had locker rooms that were rated Adequate (BB, SW,VB) but only 1 men s team (BB). Men s and women s XC, Golf and Tennis were rated Inadequate. There was equity between the men s and women s programs regarding location of the locker rooms. b. Examined: size, quality and location of practice facilities Findings: Although the percentages show that more female student-athletes than male studentathletes enjoyed Superior practice facilities, there was equitable treatment of teams in comparable sports (4 and 4). The differences occur because women have 2 more sports than men (swimming and volleyball) and these facilities were ranked Superior. Tennis practice facilities were rated Adequate for men and women. The location of practice facilities was equitable for men and women. No inequities were found in this area but it was noted that the practice facilities for both men s and women s cross country teams were rated Inadequate. d. Examined: size, quality and location of primary competitive facility Findings: Again, 4 men s teams and 4 women s teams had the size and quality of the primary competitive facilities rated as Superior. The difference in percentages was caused by the two

21 P a g e 21 additional women s teams in swimming and volleyball whose facilities were ranked Superior. The location of competitive facilities was equitable for men and women. No inequities were found in this area but again it was noted that men s and women s cross country competitive facilities were rated inadequate. f. Examined: seating at competitive facility Findings: Seating at the competitive facility was rated Superior for men s and women s basketball and volleyball. Seating at other venues rated as Adequate favored female athletes (77% v. 63%). The seating capacity at the baseball and softball facilities is very different (1,120 vs. 300), but inequities do not exist if there is sufficient seating for those who attend the women s events. Therefore, there would only be a problem if the demand for more seating at women s events was greater than the availability of seats. It should be noted that such spectator demand is affected by the institution s commitment to equal promotional efforts for male and female athletes (see Section 10 analysis). g. Examined: scoreboards, concessions, spectator parking, spectator restrooms, maintenance of facilities Findings: In the area of scoreboards, concessions, spectator parking spectator restrooms and maintenance of facilities comparable teams were treated equitably and rated as Adequate with the exceptions of cross country, and tennis for men and women that were rated as Inadequate. Conclusions: Comparable teams are treated in an equitable fashion in the area of facilities with the exception of locker rooms where improvements could be made in women s sports to create equity between men s and women s teams. Although not a gender equity problem, it was noted that the ratings for all areas in the facilities section were rated Inadequate for both the men s and women s cross country teams. Men s and women s tennis were rated as Inadequate in locker rooms, scoreboards, concessions and restrooms. Update: As of July 2009, the only sports without dedicated locker rooms are men s and women s golf. Men s and women s tennis and cross country now have their own locker rooms and the cross country teams have a new cross country course. Planning will begin this summer to expand spectator seating at softball and to create a press box for softball. 10. Medical, Training Services and Insurance Coverage (See Appendix S and T) a. Examined: availability of medical personnel and rehabilitation services b. Examined: health, accident and injury insurance coverage c. Examined: availability and quality of conditioning, weight training facilities d. Examined: availability and quality of athletic training facilities e. Examined: availability and quality of athletics trainers and student trainers Findings: Overall, male and female athletes have equal access to pre-season examinations, treatment of sportrelated injuries and rehabilitation by student trainers or certified trainers. There is confusion in the minds of a few coaches regarding the responsibility for insurance coverage. This may be due to the fact that the department requires student-athletes to have primary insurance coverage and the department provides secondary medical coverage.

22 P a g e 22 Uncertainty exists regarding the availability of student-trainers and certified trainers at practices and competitions. If no written policies exist in this area, they should be created and circulated to dispel the confusion. In the other areas dealing with attendance of student-trainers, certified trainers, and medical doctors there appear to be no inequities. Access to strength coaches appears to be equitable. Conclusions: Male and female student-athletes receive equitable treatment in all areas in this section. If no policies exist regarding the availability of athletic trainers at practices and competitions, they should be created and circulated. 11. Publicity and Promotional Support (See Appendix U, V and W) CHART 3: PROMOTIONS AND PUBLICITY SERVICES Percent of Male and Female Athletes YES NO SOMETIMES Benefiting from the Following Support Services M F M F M F School-controlled media (newspaper, web, etc.) 100% 100% 0% 0% 0% 0% Media guide just for my team 0% 23% 100% 77% 0% 0% Media guide with another team Equitable Treatment Programs for my home events Equitable Treatment Schedule poster for just my team 42% 87% 58% 13% 0% 0% Schedule poster with another team 47% 21% 53% 65% 0% 13% Schedule card just for my team 14% 52% 86% 48% 0% 0% Schedule card with another team 25% 55% 75% 45% 0% 0% Flyers, banners and other publicity Equitable Treatment Cheerleaders or dance team at home comp. Equitable Treatment Cheerleaders or dance team at away comp Equitable Treatment Band at home competition Equitable Treatment Band at away competition Equitable Treatment Pep rally with just my team Equitable Treatment Pep rally with another team Equitable Treatment a. Examined: all publicity and promotional materials Findings: Only women s basketball and volleyball are provided with media guides specifically for their own sports. Men s basketball is requesting a media guide similar to women s basketball. Men s and women s soccer share a media guide. Women benefit more by having a schedule poster specifically for their sport and more men share schedule posters with another sport. The same pattern exists for schedule cards. b. Examined: coverage by the school newspaper, yearbook, school s web site, athletic department web site, college radio and television stations Findings: There are no gender inequities in these areas. All sports are covered in the college newspaper and on the athletic department website. c. Examined: a schedule of games and contests at which cheerleaders, pep squads, bands and other school spirit groups appeared to support the efforts of athletics teams

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