While Progress Has Been Made, More Must Be Done to Strengthen and Enforce Title IX, Witnesses Tell Education Committee
Experts Urge Congress to Hold the Bush Administration Accountable for Lax Enforcement of Sex Discrimination Protections

Tuesday, June 19, 2007

WASHINGTON, DC -- Despite the significant gains made under the Title IX law over the past 35 years, discrimination against women still persists in classrooms and on campuses and athletic fields, witnesses told the House Subcommittee on Higher Education, Lifelong Learning, and Competitiveness today. To fully combat discrimination against girls and women, the witnesses urged Congress to strengthen and enforce Title IX's regulations, some of which have been undercut and weakened by the Bush administration in recent years.

This week marks the 35 year anniversary of Title IX, which was created in 1972 to prohibit sex discrimination in federally funded education programs in K-12 schools and colleges and universities. At today's hearing, which was convened to examine the law's progress, experts said that while great strides have been made towards leveling the playing field between men and women, women still face sexual harassment and discrimination in athletic opportunities, fewer opportunities for entry and advancement in science, math and technology education programs, and technical career fields -- partly due to repeated efforts by the Bush administration and opponents of Title IX to roll back the law’s protections. In March 2005, for example, the Department of Education significantly loosened the regulations that schools must meet to comply with the law’s athletic participation requirements.

"As we celebrate the success of Title IX, we also must look to the future and the work that remains to be done to achieve the promise of full equality and freedom from discrimination that is at the heart of Title IX," said Rep. Rubén Hinojosa (D-TX), the chairman of the subcommittee. "There are still gaps in support for women's athletics, gaps in participation in various disciplines in the STEM fields, and disparities in career and technical education programs.  More critically, there is still much to be done to ensure that our educational institutions are free from sexual harassment. Over the course of the last 35 years, we have learned that we can never take equal opportunity for granted."

Marcia D. Greenberger, the co-president of the National Women's Law Center, discussed a new investigative report released by her organization today that reveals the harsh disparities in funding and support for female athletes and male athletes, and shows that under the Bush administration, the agency responsible for implementing Title IX, the Office of Civil Rights (OCR) at the U.S. Department of Education, has drastically reduced its enforcement efforts. "This review reveals that 35 years after the enactment of Title IX, women are still given fewer opportunities than males to participate in sports, and, when they do play, are treated like second class citizens in the facilities, equipment, coaching, publicity, and other support services that they receive. We must use this anniversary to recommit ourselves to making the letter and the spirit of the Title IX law a reality across all areas of education." Greenberger said Congress should protect the law by conducting oversight of OCR, overturning the Department of Education's 2005 policy change, and enacting legislation that would hold high schools accountable for ensuring equality in their athletic programs.

Lisa M. Maatz, the director of public policy and government relations at the American Association of University Women, said that although Title IX has increased awareness and reporting of sexual harassment, harassment continues to be a pervasive problem facing women and men, with a majority of students at both the high school and college levels reporting they have experienced sexual harassment. "When a student experiences sexual harassment on campus or in the classroom, the hostile environment it creates can undermine their educational opportunity" Maatz said. "Sexual harassment defies a simple solution but still demands action. The U.S. Department of Education must vigorously enforce all portions of Title IX in all aspects of education."

Women still face significant hurdles when trying to enter science, technology, engineering, and mathematics (STEM) fields, explained Margaret Edith Layne, the past president of the Society of Women Engineers. Inequalities are fueled by poor enforcement by federal agencies and a cultural environment that has been more supportive of males in STEM fields. And in many cases, female students and faculty do not report Title IX complaints to their schools because they are either unaware of the law's protections or they fear retaliation. "The persistent discrimination against women and girls in STEM, coupled with widespread concerns about American competitiveness in the global marketplace, demonstrate that enforcement of Title IX in these fields is critical." Payne joined other witnesses in calling on Congress to increase its oversight of OCR, and urged increased funding for programs that encourage female participation in STEM careers and for the creation of a public awareness campaign to promote the importance of Title IX.

Jack Mowatt, commissioner of the Maryland-DC Amateur Softball Association, told the committee of how his own firsthand experiences with discrimination against local female high school softball teams led him to push for legal action to ensure equal treatment for all female athletic teams in his county. "The girls' softball fields did not have basic things that the boys' fields had, such as benches for the team and fencing to protect them. We found serious problems in the way girls’ teams were treated, including in the number of participation opportunities offered to girls and the amount of money the school district spent on girls' sports. Unfortunately, I learned that the problems we found in Prince George's County are not unique. For example, there are many other reports of girls across the country playing on run-down, bare bones softball fields, while boys play on fields fit for minor league baseball teams."

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