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Title IX at 50: Girls are still fighting for equality in high school sports

(Bryon Houlgrave/USA TODAY Network)
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By Jacob Richman and Alexandra Gopin

Title IX was designed in part to balance the scales for girls and boys in school-based athletics. Some day, maybe it will.

But nearly 50 years after Congress passed the sweeping law that guarantees equity in “any education program or activity receiving Federal financial assistance,” including high school athletics, girls are stuck in an imperfect system that continues to favor boys in many ways.

Girls’ participation in school sports has increased dramatically since 1972. But Title IX advocates say that boys still get better treatment. Often, they say, boys teams are provided nicer uniforms, play on better fields, are led by more experienced coaches, have their practices scheduled at more desirable times (relegating girls teams to early mornings and late nights), play with newer equipment and dress in better-equipped locker rooms. All are potential violations of Title IX.

“We still estimate that the majority of schools are likely out of compliance with the law,” said Sarah Axelson, vice president of advocacy at the Women’s Sports Foundation.

When girls see that they’re getting worse treatment, their options include challenging their coach or principal, filing a lawsuit and lodging a complaint with the U.S. Department of Education — all daunting for a teenager. When parents step forward to report these situations, they’re often at the center of disputes that can roil their child’s high school. Not surprisingly, only a small percentage of likely violations end up being reported.

A four-month investigation by The Shirley Povich Center for Sports Journalism and the Howard Center for Investigative Journalism at the University of Maryland raises serious questions about the effectiveness of Title IX in the 23,882 public high schools across the U.S. It raises concerns about how many of the 3.4 million girls playing high school sports have experienced violations of Title IX that went unaddressed.

Among the findings:

  • Title IX isn’t aggressively policed by state or federal government officials. It’s mostly up to teenagers and their parents to report violations.
  • Most parents and students aren’t well informed about the law. The federal government doesn’t require schools to offer education about Title IX and athletics.
  • Reporting Title IX violations often means standing up to school officials like coaches and principals. That’s a lot to ask of high school students and their parents.
  • Title IX enforcement protocols are cumbersome and slow-moving. A review of 39 complaints to the Department of Education’s Office for Civil Rights by the Povich and Howard centers showed that the average time from filing to resolution was nearly two years. That means girls who suffered unequal treatment often graduated before they saw results.

Violations reach girls across the country:

  • In Union City, New Jersey, a highly publicized athletics field that sits on the roof of a $180 million high school building was mostly used by boys teams. For nearly 10 years, access for girls was limited.
  • In Ewa Beach, Hawaii, girls on the water polo team argued that they had to practice on dry land or in the open ocean before their season because they couldn’t get funding for a pool.
  • In Ventura, California, girls on the softball team suffered injuries on a field that was poorly maintained, while the boys baseball team had a field that was better tended at a higher quality stadium.

“Most of these athletes just presume that there must be a reason that they’re getting second-class treatment,” three-time Olympic gold medalist Nancy Hogshead-Makar said. “It’s everywhere they look. They see that men are getting more than women everywhere. In high school, in junior high school, in college, men are getting more.”

There’s no doubt that Title IX has had a positive impact on girls and opportunities for them to play sports. Consider Title IX’s impact on participation in high school sports. During the 1971-72 school year, girls made up about 7% of high school athletes in the country. For every girl playing on a high school team, there were more than 12 boys.

Most of these athletes just presume that there must be a reason that they’re getting second-class treatment. It’s everywhere they look.

Through the years, the participation gap steadily has narrowed. In a National Federation of State High School Associations survey of athletics participation in the 2018-19 school year, girls accounted for almost 43% of all high school players.

But the promise of Title IX has yet to be achieved.

Education is lacking

The greatest challenge may be education. Teenagers and their parents first have to understand the law before they challenge school authorities.

Interviews with dozens of parents and their children across the country by the Povich Center and Howard Center revealed a range of understanding of Title IX. Many high school athletes and their parents don’t know that the law exists. Others said they’d heard of the law but didn’t know that protections applied to them.

In the late 1970s, Ellen Zavian — the first female agent licensed by the National Football League Players Association and a Title IX advocate — wanted to play soccer in high school. But she was told she wouldn’t be able to because there was only a boys team.

So Zavian ran track, played volleyball and cheered.

“If I had known about Title IX, I definitely would have filed a suit against my school when I didn’t have the opportunity to play soccer,” Zavian said. “But, I didn’t know about it.”

That information gap still exists. Grace Saad, a former softball player at Buena High School in Ventura, California, didn’t realize she could do anything when her teammates threw around the term “Title IX” after noticing a clear disparity in how they were treated compared to their counterparts on the baseball team.

I knew that things weren’t equal, but I just thought that’s the way it was.

While the Buena High baseball team has a stadium, dugouts and a permanent outfield fence with a scoreboard, the softball team often didn’t have enough softballs to hold batting and fielding practice at the same time.

“I knew that things weren’t equal, but I just thought that’s the way it was,” said Saad, who graduated in 2020.

Courses and webinars in public schools could help inform students, coaches and administrators. But a federal education mandate like the one for parts of Title IX that refer to sexual assault doesn’t apply to sports.

Difficult choices for student, parents

At the beginning, someone notices a problem. It might fit into one of the two baskets of Title IX compliance — “participation” or “treatment and benefits.”

Participation applies to opportunities for girls to play sports as compared to the percentage of girls in a given high school, the proportionality test. If 60% of students in a high school are girls, approximately 60% of athletic opportunities should be for girls, according to Title IX.

Treatment and benefits refers to where girls play and what they play with, among other things. Title IX doesn’t mandate that boys and girls teams have exactly the same of everything. It does require that they receive equal treatment in locker rooms, practice and game venues, scheduling of games and practices, publicity and coaching experience.

At Pentucket Regional High School in West Newbury, Massachusetts, the issue was Twitter. When the school tweeted live updates from its athletics account, 60% focused on boys teams compared to only 32% for girls teams. The Office of Civil Rights determined that the school would be required to monitor publicity efforts to ensure that any inequalities are corrected.

A person with a concern about any of these issues can report them to their high school. A meeting with a principal or athletics director might quickly settle the issue.

When diplomacy fails, there are options in the courts and with the Office for Civil Rights.

Under Title IX, the the office investigates complaints about sexual violence, treatment of pregnant students and treatment of LGBTQ students, as well as school-based sex discrimination in sports. When a person files a complaint, investigators contact the school, check out allegations and decide if violations have occurred. If they have, the civil rights office issues a resolution letter with steps the school must take to come into compliance.

A Title IX lawsuit can be costly and time-consuming. Plaintiffs, even when they prevail, often emerge feeling bruised and exhausted.

In Stillwater, Oklahoma, a group of softball parents filed a Title IX lawsuit against the local school district in August 2020. Ten months later, the parties reached a settlement that addressed many of the parents’ concerns.

“It’s been quite an emotional toll. I think we’ve all lost sleep over it,” said Angela Morgan, a plaintiff in the case and president of the softball team booster club at Stillwater High School.

Eliminating sex discrimination

Title IX is rooted in the turbulent years of the 1950s and 1960s and the passions that fueled the civil rights movement. In those years, Congress debated laws designed to end racial discrimination in public accommodations, outlawing discrimination in hotels and at lunch counters. Later, its powers were expanded to end discrimination in hiring when companies received government contracts.

Title IX’s purpose was to eliminate sex discrimination in education. “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance,” Title IX states.

At the time, few lawmakers thought about the effect it might have on sports. The subject of sports came up only once during the Senate’s months-long debate of the legislation — and that was no more than a passing exchange. Sen. Birch Bayh, a Democrat from Indiana and the bill’s sponsor, told one of his Senate colleagues: “I do not read [Title IX] as requiring integration … of the football fields,” as recounted by author Welch Suggs in “A Place on the Team: The Triumph and Tragedy of Title IX.”

Despite the profound impact the statute has had on girls and women in sports, those original 37 words included no references to athletics.

Nearly 50 years later, Title IX and opportunity for girls in sports are nearly synonymous. The gains made by high school girls over the decades have been significant, but boys often still get better treatment.

When the state-of-the-art, rooftop athletics field was unveiled in 2009 in Union City, New Jersey, it quickly gained national attention for its innovative design. The boys football team played on it for nearly a decade; use by girls teams was restricted.

The National Women’s Law Center pointed out the problem to Union City High School, and the administration made changes.

Today, girls teams share the field with boys, using it extensively for their practices and games. In fact, Union City High School is in many ways a model for gender equity in sports.

It’s a reminder that Title IX can be monitored and aggressively enforced. But for 50 years it hasn’t been.

The Shirley Povich Center for Sports Journalism and the Howard Center for Investigative Journalism collaborated on a four-month investigation into Title IX and high school sports. Support their work at the University of Maryland’s Philip Merrill College of Journalism.

Sophia Smith re-signs with Portland on record deal

(Troy Wayrynen-USA TODAY Sports)

Sophia Smith is now the NWSL’s highest-paid player. 

The Portland Thorns announced on Wednesday that they have signed Smith to a new contract through the 2025 season, with an option for 2026. While the terms of the deal were not disclosed, the team did reveal that Smith is now the highest-paid player in the league on an annual basis.

It’s the latest in what has been a series of record-breaking contracts in the NWSL offseason. 

Chicago Red Stars forward Mallory Swanson, Bay FC forward Racheal Kundananji, and Orlando Pride forward Barbra Banda all signed multi-year deals worth between $2 million and $2.5 million in total. While Smith’s contract is shorter and not worth as much over the long-term, the annual worth is higher. 

“We are over the moon to have Soph commit again to the Thorns. She is a proven, world-class talent and one that we are excited to have contribute to the team’s continued success,” said head coach Mike Norris in a statement. “We look forward to working with her in a Thorns jersey as she continues to shine as one of the top strikers in the world.”

In just four seasons in the NWSL, Smith has led the Thorns to five trophies – including the 2022 NWSL championship – while winning league and championship MVP in 2022. In 61 appearances with Portland, she has 34 goals – including a brace to start this season against Kansas City. 

She’s also a member of the USWNT, having scored 16 goals in 44 international appearances.  Set to become a free agent at the end of this season, she told ESPN she “thought of all the options” but ultimately Portland felt like the right decision.

"There is no place like Portland," Smith said in a small roundtable interview that included ESPN. "I don't believe there's an environment like Portland to play in and it's a city that's so special to me and a city that I feel like I've grown up in almost and become who I am."

She also told ESPN that the team’s new ownership “changes everything.” The club is now led by the Bhathal family, who bought the club after Merritt Paulson was forced to sell it following his part in the NWSL’s abuse scandal. 

"Since I've been here there has been a lot of things going on with this club -- a lot of not-great things going on with this club -- and I have just been waiting for some stability and some reassurance that this club is headed in the right direction, and the Bhathal family coming in is doing exactly that, if not more,” Smith said. 

"Their vision for this club is so exciting, and you can just tell how passionate they are about making this what it should be and continuing to push the standard in women's soccer globally.”

Caitlin Clark offered $5 million to compete in Ice Cube’s league

IOWA CITY, IOWA- MARCH 25: Guard Caitlin Clark #22 of the Iowa Hawkeyes celebrates as time runs out in the second half against the West Virginia Mountaineers during their second round match-up in the 2024 NCAA Division 1 Women's Basketball Championship at Carver-Hawkeye Arena on March 25, 2024 in Iowa City, Iowa. (Photo by Matthew Holst/Getty Images)

Caitlin Clark has been offered $5 million to play in Ice Cube's Big3 league, he confirmed on social media Wednesday after the offer leaked.

"We intended the offer to remain private while Caitlin Clark plays for the championship," Ice Cube wrote on social media. "But I won't deny what's now already out there: BIG3 made a historic offer to Caitlin Clark. Why wouldn't we? Caitlin is a generational athlete who can achieve tremendous success in the BIG3."

While there has yet to be a women's player in the league, both Nancy Lieberman and Lisa Leslie have been part of the league as coaches and won championships.

"The skeptics laughed when we made Nancy Lieberman the first female coach of a men's pro team, and she won the championship in her first year," Ice Cube continued. "Then Lisa Leslie won it all in year two. With our offer, Caitlin Clark can make history and break down even more barriers for women athletes."

Ice Cube, whose name is O’Shea Jackson, says that the offer was made with the intention that Clark be able to compete in the WNBA “offseason.” Clark is largely expected to be the No. 1 overall pick in the WNBA draft in April. But it’s unclear how the scheduling of the two leagues would work. 

The 2024 Big3 season is set to tip off on June 15, with 10 games spanning through mid-August. The WNBA regular season, meanwhile, begins on May 14 and ends on Sept. 19.

On “The Pat McAfee Show” on Wednesday, Jackson said that the league has yet to hear back from Clark. 

“We just need an answer, as soon as they are ready to give it to us,” he said. “It’s always 50-50 till we get a no. At the end of the day, it’s a generous offer.”

The offer – as well as the confusion on Jackson’s part about the timing of the WNBA season – caused some current WNBA players to react. 

"It's funny cause I be seeing his son at W games.. they don't talk?" wrote former No. 1 pick Rhyne Howard

"So no other women's basketball player has came to mind in the last 7 years?" wrote Lexie Brown, adding that she'd support if Ice Cube wanted to build a women's iteration of the league. She later discussed it on the Gils Arena Show, noting that his reasoning of wanting to “uplift and support WNBA players and women athletes” is a “cop out.”

Kalani Brown, meanwhile, told Clark to "take that money" and start a women's Big3.

WNBA salaries has been a talking point in recent months as more collegiate stars declare for the league. WNBA stars have often made more money playing abroad than they have in the WNBA. Clark is expected to be the No. 1 pick in the WNBA draft on April 15, with a rookie salary of $76,535 for lottery draft picks (Nos. 1-4) that rises to $97,582 by her fourth season. But she also has an NIL valuation of almost $3.5 million.

Diana Taurasi famously skipped the 2015 WNBA season at the request of her Russian club, who paid her more to sit out than she would have made in the W. Her contract with the club was reportedly near $1.5 million per year.

Jackson also seemed to suggest that his league could be an alternative to going abroad

“America’s women athletes should not be forced to spend their off seasons playing in often dismal and dubious foreign countries just to make ends meet,” he wrote. Although it’s unclear whether or not the rapper intends to make offers to additional WNBA players. 

While the league does hold prioritization rules in its CBA, those typically apply only to players playing in overseas leagues. It’s unclear whether or not that would prevent Clark’s participation in the Big3 league. WNBA players that don’t want to go overseas currently have the option of playing in Athletes Unlimited, which competes in the WNBA offseason.

USC’s Aaliyah Gayles Opens Up About Her Journey Back to Basketball

USC Basketball - Aaliyah Gayles

As part of our 1-v-1 video series, USC’s India Otto sat down to interview her teammate Aaliyah Gayles. Here are five things to know from our conversation with the redshirt freshman guard from Las Vegas.

#1 Aaliyah suffered from a near-death act of violence in 2022.

The incident taught her a lot about herself and the support around her. “[USC] Coach Lindsay [Gottlieb] was one of the first people to fly out there and come see me. That means a lot to me off the court.” 

#2 Her favorite USC memory is when she surprised her teammates after getting out of the hospital.

She left her walker at the door to show she was on the road to returning to the court. “That was my favorite memory because it was family. It was my first time being able to walk to you guys and see you practice.”

#3 There's a reason she wears #3.

#3 was her grandpa’s favorite number and a golden number in her life. Plus, AG3 has a nice ring to it. 

#4 She has a list of basketball GOAT’s:

Candace Parker, Magic Johnson, Allen Iverson, Kobe Bryant, and Cason Wallace.

#5 There have been many celebrity appearances at USC’s games over the years, especially this season.

Aaliyah’s favorites include Will Ferrell, Kehlani, and Saweetie. And she hopes Lil Durk will come to watch a game soon.

Watch the full conversation on the Just Women’s Sports YouTube channel.

Gotham, USWNT forward Midge Purce out with ACL tear

(Vincent Carchietta-USA TODAY Sports)

Midge Purce announced on Wednesday that she has torn her ACL. 

The Gotham FC and USWNT forward went down with the injury on Sunday during Gotham’s 1-0 win after tweaking it earlier in the game. Gotham coach Juan Carlos Amorós did not have any immediate updates following the match, with further evaluation revealing the tear. 

“It’s a reality I’m still struggling with and has left me with not too much to say,” Purce wrote in a statement on social media. “I’m heartbroken to no longer be available for my season with Gotham FC or for Olympic selection with the USWNT – know I’m rooting for you both all year long. 

“Though you may not see it, I’ll be doing everything I can to get back on the field.”

Purce is just the latest women's soccer star to tear her ACL, and joins USWNT teammate Mia Fishel in having torn her ACL in the last couple of months. Other notable players include Catarina Macario and Christen Press, with Macario only just returning to the USWNT lineup after tearing hers in 2022. 

International stars such as Alexia Putellas, Beth Mead, Vivianne Miedema and Leah Williamson have also suffered ACL tears. 

Purce’s injury caused Amorós to call out the international schedule, which has been a growing point of concern as more players fall victim to injuries and the playing schedule becomes more packed. Kansas City’s Debinha suffered a hamstring injury in the team’s opening game, while both Lynn Williams and Rose Lavelle have yet to play for Gotham due to injuries picked up during the W Gold Cup. 

“We lost Midge during the game which for me is a bittersweet flavor,” Amorós told reporters after Sunday’s game. “By the way, it’s another player that came from the Gold Cup. Last week, it was Debinha. We are paying the consequences of a tournament that shouldn’t have happened.”

“We’re talking about protecting the players, [who shouldn’t] go to play an international competition after one week of preseason,” Amorós continued. “We’ve seen the consequences now. We’ve got Rose, Lynn, last week it was Debinha in Kansas [City] and now we have Midge. From my experience, the clubs are going to keep paying for that competition."

In her statement, Purce said that “so many friends, teammates and even players I’ve only ever competed against” reached out to offer support. 

“I am so blessed,” she wrote. “Your messages have meant so much to me throughout this process, you have consoled what, for a moment, felt inconsolable. Thank you for reminding me that our football world is not only full with incredibly talent but also, incredible kindness.”

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