Posted by Juan Non-Volokh:
Tempest Over Title IX:
The new Title IX policy is drawing fire from both expected and
unexpected quarters. Sports Law Blog has a round up [1]here. Feminist
groups are predictably upset with the change because it will, in their
eyes, reduce the pressue for proportionality in university athletics.
Apparently the NCAA is [2]not too pleased with the change either.
The potential use of online surveys seems to be a big sticking point.
Some critics of the policy note (rightly) that online surveys are
notoriously susect means of gauging public sentiment. USA Today's
Christine Brennan [3]fears the use of surveys will water down Title
IX. Here's the response Sports Law Blog's Greg Skidmore:
if you have enough of an interest to play a varsity sport, you also
should be able to answer and return a survey. The federal
government should ensure that universities do not avoid high answer
rates through conspiratorial procedures, but barring this, online
surveys are the wave of the future.
That sounds about right to me. Part of the problem with online surveys
is that they don't get an unbiased sample of respondents. But that's
not a problem here insofar as the surveys are trying to measure the
depth and intensity of demand for greater female athletic
opportunities. Given all of the problems the old rules seem to have
created, it seems to me this new, more flexible policy is worth a shot
(assuming, of course, the federal government should have much to say
about college athletics in the first place).
References
1.
http://sports-law.blogspot.com/2005/03/more-on-title-ix-much-ado-about.html
2.
http://www2.ncaa.org/media_and_events/press_room/2005/march/20050322_brand_stmnt_titleix_survey.html
3.
http://www.usatoday.com/sports/columnist/brennan/2005-03-24-brannan-title-IX_x.htm
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