Spartanburg School District 2 violates Title IX feds say - SHJSpartanburg School District 2 violates Title IX, feds say
Girls not given equal opportunities at sports, investigation concludesBy Robert W. Dalton
bob.dalton@shj.com
Published: Saturday, June 23, 2012 at 3:15 a.m.
Last Modified: Friday, June 22, 2012 at 10:12 p.m.Spartanburg School District 2 is in violation of federal law because it does not provide equal opportunities for its female athletes, according to an investigation by the U.S. Department of Education’s Office for Civil Rights.
And in a decision that could impact schools statewide, the OCR found that the manner in which Boiling Springs and Chesnee high schools schedule basketball games also violates Title IX, the federal law implemented in 1972 to guarantee equality in programs.
District 2 Superintendent Scott Mercer on June 13 signed an agreement with the OCR to address the issues discovered in the investigation, which began in March 2011 after a complaint from a parent.
The complaint also said the district discriminated against female athletes by failing to provide equivalent equipment and supplies; coaching and compensation of coaches; facilities for practices and games; and medical and training facilities and services. The OCR said there was insufficient evidence to rule the district in violation of Title IX on those accusations.
“I know there are disparities, but we felt good about most of the report,” said Brantley Enloe, District 2’s personnel director who also oversees Title IX compliance. “Obviously, the disparities they noted we’re going to address.”
Title IX requires schools to provide female students with athletic participation opportunities proportionate to female enrollment; demonstrate continued expansion of athletic opportunities for females; and meet the athletic interests and abilities of female students. The OCR, in its letter of finding, said the district does not meet the interests and abilities of its female students.
Of the district’s 2,850 high school students, 46 percent are female. About 31 percent participate in athletics.
Of the 54 percent of male students, 69 percent participate in athletics.
“While Title IX does not require exact proportionality, such a large disparity between enrollment and athletics program participation percentages cannot be due to chance, E.G., to fluctuations in enrollment,” the OCR concluded in its letter of finding sent to the district’s attorney on Wednesday.
The OCR said the district has made no effort to determine whether there are sports not currently offered that female athletes would like to participate in. But in interviews at Boiling Springs High in May 2011, investigators learned that a group of females had expressed interest in lacrosse and took the issue to then-athletic director Bruce Clark and were told the school was not in a financial position to add new teams.
“We have determined that the interests and abilities of the District’s female high school students have not been fully and effectively accommodated by the District’s present athletics program as evidenced by the number of female students who expressed an interest in the addition of lacrosse, the availability of competition in the competitive region, and the lack of any follow-up by the District,” according to the OCR report.
Clark resigned as athletic director the day after Mercer signed the agreement with OCR, citing a desire to spend more time with his family, focus on his duties as head football coach and his rehabilitation for a neck injury. Mercer said that, while some people may “try to connect the dots,” Clark’s resignation was not related to the OCR report.
Mercer said that, as a first step in the resolution process, the district would conduct a survey this fall to determine areas of interest. The district also will implement a roster size policy to increase participation rates.
District 2 also is exploring adding lacrosse, although Mercer said it currently doesn’t have the facilities or money appropriated in the budget.
In addition, Boiling Springs and Chesnee must change the way they schedule varsity basketball games. Traditionally, when the teams play a doubleheader, the girls play the opener and the boys play the nightcap. To give the girls the opportunity to play in the “primetime” slot, the schools must alternate starting times.
The OCR also instructed the district to propose the change at the regional scheduling meeting.
While the OCR’s finding applies only to District 2, schools statewide schedule games in the same manner. Flynn Harrell, the athletic director at Dorman High in Spartanburg School District 6, said the decision could prompt changes elsewhere.
“It could, but really what it boils down to is a region-by-region decision on choices like that,” Harrell said. In Region II-4A (which includes Boiling Springs and Dorman), we talk to the coaches and get a lot of feedback. I don’t know of one girls coach that has said they want it to be the other way around.”
In some states, the junior varsity and varsity boys play at one site, while the junior varsity and varsity girls play the same school at the opposite site, Harrell said.
“There are a lot of different ways of doing it,” Harrell said. “There’s a real hodge-podge. But most places just go with the doubleheader.”