Equal Employment Opportunity (EEO) Office

Applicants »

Community »

Employees »

Parents/Students »

Compliance with Title IX
by the National Federation of State High School Associations (NFHS)

Contents: Definition of a Sport | Keeping One Step Ahead of OCR Investigations | Participation Opportunities | Resources

Participation Opportunities (School must pass one of three tests)

1. Full and Effective Accommodations of Athletic Interests and Abilities

• The survey/assessment should determine whether sport interests of female students have been fully and effectively satisfied.

Explanation: The results of the survey/assessment should identify, by gender, who was being surveyed. In addition to the results of the survey, it is up to the district to show the action taken by the district, based on the results of the survey. Results could be adding new sports, or adding an additional level of competition for existing sports.

Explanation: The most time-consuming part of any investigation is the gathering of information. Like any other investigation, Title IX investigations take time, ranging from two weeks to tow years. Most of the prolonged time element is related to insufficient or nonexistent documentation, including the absence of interest surveys. Every district should have a Title IX coordinator.

2. History and Continuing Practice of Athletic Program Expansion

• Demonstrate a pattern of ongoing program expansion.
• Investigations consider all history, but focus on recent history, usually within the past three to five years.

Recommendation: Once OCR Office has recommended that a school district survey/assess its student population at least every two years. A chronological history of school sport interest surveys should be on file, along with the district's response to the results of the survey.

Recommendation: Preserve pertinent information demonstrating a sincere effort to engage and promote boys and girls activities continuously through program development. This may include the policy and procedure for adding new sports.

3. Presumed Compliance

• The OCR has determined proportionality by examining the ratio of female students to male students and comparing that percentage to the ratio of female athletes to male athletes. The ratio needed for compliance is determined on a case-by-case basis by OCR.

Next: Resources