The NCAA Executive Committee is flexing its political muscle. Immediately after the “2005 Additional Clarification of the Intercollegiate Athletics Policy” was issued by the Office of Civil Rights of the U.S. Department of Education, NCAA President Myles Brand told NCAA members to reject it. That is, don’t use Prong 3 of the Title IX’s Three-Prong Test. The Clarification allows the use of student interest surveys to assess the interests and abilities of an institution’s student population.
Brand said, “In my experience, college and university presidents and chancellors almost uniformly favor a strong Title IX. I believe this latest clarification weakens Title IX.” He continued, “The new guidelines will likely stymie the growth of women’s athletics and could reverse the progress made over the last three decades.”
Brand added, “Title IX has worked, continues to work and indeed has more work to do.” “Title IX” has worked? These are the words from our President of the NCAA. Sounds like a strong group of pro-quota combatants are in the NCAA driver’s seat.
Brand continued, “We believe institutions would be legally vulnerable if they solely relied on a survey.” Despite the fact that the OCR clearly stated that surveys offer a safe harbor, the NCAA wants to inject doubt and fear into institutions that consider going against them.