Title: 50 Years After Title IX--Equality in College Athletics Is Still A Hurdle Description: Title IX prohibits discrimination in education programs based on sex. It's probably best known for its role in sports--helping to increase girls' and women's participation in athletics. But even after 50 years since its passage by Congress, there are still questions about whether Title IX is as effective as it should be and whether schools are complying with it. We learn more about Title IX enforcement from GAO's Melissa Emery-Arras. Related Work: GAO-24-105994, College Athletics: Education Should Improve Its Title IX Enforcement Efforts Released: May 2024 {Music} [Melissa Emrey-Arras:] There are still concerns about whether women have equal opportunities to participate in college athletics. [Holly Hobbs:] Hi, and welcome to GAO's Watchdog Report--your source for fact-based nonpartisan news and information from the U.S. Government Accountability Office. I'm your host, Holly Hobbs. Title IX prohibits discrimination in education programs based on sex. And it's probably best known for its role in sports--helping to increase girls' and women's participation in athletics. But even after 50 years since its passage by Congress, there are still questions about whether Title IX is as effective as it should be and whether schools are complying with it. Our new report looks at those very questions. And joining us to tell us more is GAO's Melissa Emery-Arras, an expert on higher education. Thanks for joining us. [Melissa Emrey-Arras:] Thank you for having me here, Holly. [Holly Hobbs:] So, Melissa, Title IX was passed in 1972--that's 52 years ago. Why are we looking at this now or why are we still looking at it? [Melissa Emrey-Arras:] I think there's been a concern about whether there's a level playing field for women in college sports. You may remember a few years ago, a video went viral showing training facilities for women's basketball versus men's. And the women's training facilities paled in comparison, right. So, there is this outcry. There's this concern. Are female athletes getting equal opportunities in college sports? So we did this work to see how it's looking now. [Holly Hobbs:] So, how is it looking now? How does women's participation compare to men's? [Melissa Emrey-Arras:] We found that women participate in college athletics less than men do. And this is especially interesting because more women go to college than men. Women make up 56% of all college students, so more than half of college students are women, yet they only make up 42% of the athletes at schools. And we found that the gap is especially significant at mid-sized schools and at schools that have football teams. Those schools are more likely to have a gap between the participation rates and the enrollment rates for women. [Holly Hobbs:] How does Title IX fit into that? Like, how is Title IX supposed to address the gaps? [Melissa Emrey-Arras:] Title IX is supposed to stop discrimination in education programs that are funded with federal dollars and college sports are considered part of those education programs. And so the goal is to make sure that women have equal opportunities to participate in college sports. [Holly Hobbs:] So Title IX is the law. Who is responsible for enforcing that law? And how do they do it? [Melissa Emrey-Arras:] The Department of Education is responsible. And they have an Office for Civil Rights that is responsible for overseeing Title IX compliance in college sports. And what they primarily do is they investigate complaints. So you could have a complaint from a student, a parent, a staff member, someone who may have experienced discrimination in college sports, someone who may have witnessed discrimination. They file a complaint and the Department of Education's Office of Civil Rights then investigates that complaint. [Holly Hobbs:] What happens when the Office for Civil Rights finds a violation or an issue out of school? [Melissa Emrey-Arras:] They develop a resolution agreement, and this is an agreement with the college. The college signs it. And it basically outlines the steps that the college will take to address the problem, right. To make things right for students. The college is then responsible for updating Education over time with what it plans to do to implement that agreement. So they may send updates saying, you know, 'Hey, we're thinking about improving the women's locker room space. We're thinking about adding a women's sport.' And then the Department of Education can say, 'That sounds good. That will help address our concern.' [Holly Hobbs:] So we looked at how the Office for Civil Rights monitors schools. Did we find any issue with that effort? [Melissa Emrey-Arras:] We did, Holly. We found that the department is taking a really long time to get back to schools. So, when I said just a moment ago that they come up with this overarching plan and then provide subsequent updates and, you know, reports on what they're doing--what we found was that the Department of Education was just not responding in a timely way to those colleges' updates. And as a result, colleges were just left waiting, not knowing if they should proceed with their plans. For example, in one case, the college proposed adding a new women's sport to help make sure that women had more opportunities. And it took OCR so long to respond that it resulted in a 10-month delay Lin recruiting a coach. And that's not an isolated incident. We actually found that there were multiple schools that waited more than a year to have the Department of Education respond to their updates. And get this, in five cases education took 5 or more years--that's right, 5 or more years--to respond to a school. So imagine if there is a concern about women not having equal opportunities in college sports at a school. There's a complaint that's filed and it takes five or more years for Education to answer the mail on that issue. That student is probably, you know, long graduated. That's a concern. It's taking too long for the Department of Education to respond to schools and make sure that compliance issues are being addressed. [Holly Hobbs:] So did OCR, did the Office of Civil Rights, tell us why it takes so long or why they're not following up with schools sooner? [Melissa Emrey-Arras:] They did. They said that they're concerned about a lack of resources, that they don't have enough resources to do as much as they would like to do. We acknowledge the resource issues exist. However, we think that Education could do more. In this case, we don't think it's acceptable for a school to have to wait 5 years to hear back from the department on how to address a concern with compliance with Title IX. And one of the things we found was that the staff in the Office of Civil Rights weren't tracking due dates for responding to colleges. Right. So something comes in and then there's no due date in a system that says, oh, I have to respond to the college, you know, by this time period to make sure that they get an answer in a timely way. And that there is no tracking of dates to make sure that over time, schools are getting responses promptly and not waiting a year, 5 years, etc. to hear back from the department. {MUSIC} [Holly Hobbs:] Melissa just told us that when a complaint is received about a Title IX issue in college sports, it could take years for that issue to be addressed or for the college to even receive a response about their plans to address it. So, Melissa, what more do we think the Department of Education or Education's Office for Civil Rights should be doing to monitor Title IX compliance? [Melissa Emrey-Arras:] We think fundamentally that the department needs to be responding in a more timely way to colleges. And the way that they could do this is by simply recording due dates for responding to those colleges. They can then track those to make sure that they're responding to the colleges faster and preventing lapses of 5 years or more in responding to colleges. [Holly Hobbs:] And last question, what's the bottom line of this report? [Melissa Emrey-Arras:] I think the bottom line is that there are still concerns about whether women have equal opportunities to participate in college athletics. The numbers still show that women are participating in college athletics less than men. Again, even though they go to college more than men. And we think that Education's Office of Civil Rights could respond more quickly to help ensure that colleges are addressing problems and ensuring equal opportunities for women athletes. [Holly Hobbs:] That was Melissa Emery-Arras talking about our new report on college athletics. Thanks for your time, Melissa. [Melissa Emrey-Arras:] Thank you so much, Holly. [Holly Hobbs:] And thank you for listening to the Watchdog Report. To hear more podcasts, subscribe to us on Apple Podcasts, Spotify, or wherever you listen. And make sure to leave a rating and review to let others know about the work we're doing. For more from the Congressional watchdog, the US Government Accountability Office, visit us at GAO.Gov.