Report Title:

University of Hawaii

Description:

Appropriates funds for the athletics program at the University of Hawaii at Hilo to achieve compliance with Title IX of the federal Education Amendments Act of 1972. (HB27 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

27

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the university of hawaii.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

Section 1. The legislature finds that athletics programs play an important role in the life of an educational institution. The University of Hawaii at Hilo (UH-Hilo) has one of only two intercollegiate athletics programs in the state. However, the program is not in compliance with Title IX of the federal Education Amendments Act of 1972, 20 United States Code section 1681.

Title IX states, "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, which is enforced by the Office of Civil Rights of the United States Department of Education, applies to athletics programs at educational institutions in the following areas:

(1) Participation: Females and males must be given equitable opportunities to participate in sports. Title IX does not require institutions to offer identical sports but an equal opportunity to play;

(2) Scholarships: Female and male student-athletes must receive athletics scholarship dollars proportional to their participation; and

(3) Other benefits: Female and male student-athletes must be treated equally in other areas, including equipment and supplies, scheduling of games and practice times, travel and daily allowance or per diem, access to tutoring, coaching, locker rooms and practice and competitive facilities, medical and training facilities and services, housing and dining facilities and services, publicity and promotions, support services, and recruitment of student-athletes.

The athletic program at UH-Hilo does not comply with Title IX in five major areas:

(1) Accommodation of interest and abilities: Based on undergraduate enrollment, female participation in the athletics program is about twenty-four per cent below the federal formula for Title IX compliance. UH-Hilo needs to include about forty to fifty additional female student-athletes;

(2) Athletic financial aid: Athletic-related scholarship dollars have been expended proportionally to both male and female student-athletes. Although female student-athletes are awarded scholarships at the maximum National Collegiate Athletic Association (NCAA) allocations in all five women's sports, UH-Hilo shows a lack of team sport programs for women and a lack of female student-athletes;

(3) Coaches' salaries: The salaries for coaches of women's sports are lower than those of coaches for men's sports;

(4) Travel and per diem: The current operating budgets for the women's athletic program are functioning at twenty-four per cent below Title IX requirements. The disproportion in expenditures on men's and women's athletic programs exist only because there is a lack of team sport programs for women and a lack of female student-athletes; and

(5) Equipment and supplies: Same as "travel and per diem."

However, because UH-Hilo has not been able to find the funding needed to cover the heavy costs of increasing the number of athletic opportunities for women, it cannot fulfill the requirements of Title IX. According to UH-Hilo, every possible adjustment has been made within its athletics department to meet Title IX requirements. Scholarships have been adjusted to meet NCAA maximums for female student-athletes, operating budgets have been expanded, and a female administrator and assistant coaches have been added to help with the women's athletic program.

The purpose of this Act is to appropriate funds for the athletics program at the University of Hawaii at Hilo to achieve compliance with Title IX of the Education Amendments Act of 1972.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $      or so much thereof as may be necessary for fiscal year 2005-2006 for the athletics program at the University of Hawaii at Hilo to achieve compliance with Title IX of the Education Amendments Act of 1972.

The sum appropriated shall be expended by the University of Hawaii for the purposes of this Act.

SECTION 3. This Act shall take effect on July 1, 2005.