Delaware-2011-SR18-Draft

SPONSOR:	Sen. Booth

DELAWARE STATE SENATE

146th GENERAL ASSEMBLY

SENATE RESOLUTION NO. 18

CREATING AND ESTABLISHING A TITLE IX TASK FORCE TO HELP INTERPRET TITLE IX AND ITS EFFECTS ON PUBLIC INTERCOLLEGIATE ATHLETIC PROGRAMS IN DELAWARE.

WHEREAS, in early 2011, the University of Delaware cut men's cross country and outdoor track and field varsity programs citing Title IX regulations; and

WHEREAS, in 2010, Delaware State University was sued and settled prior to trial on the basis of Title IX discrimination for eliminating the women's equestrian team; and

WHEREAS, in 1991, the University of Delaware cut its varsity wrestling program citing Title IX regulations; and

WHEREAS, there are three Title IX compliance prongs for intercollegiate athletics; and

WHEREAS, the first prong requires that participation in athletics meet one of three criteria: it must be proportional to each gender's enrollment in school, show a history and continuation of program expansion that is demonstrably responsive to the underrepresented sex, or that interests and abilities are demonstrated by the institution to be fully and effectively accommodated by existing programs; and

WHEREAS, the second prong requires that the total amount of athletic aid be proportionate to the ratio of male and female athletes; and

WHEREAS, the third prong requires the equivalence of overall treatment in regard to benefits, opportunities, and treatment based upon eleven criteria; and

WHEREAS, Delaware high schools depend on public higher education institutions to provide expertise in coaching sports offered in high school; and

WHEREAS, an independent task force can help educate affected athletes, fans, and other individuals; and

WHEREAS,an independent task force can advise public higher education institutions on how to be compliant with Title IX requirements; and

WHEREAS, an independent task force can hold public hearings to investigate other avenues worth exploring before eliminating a varsity program.

NOW THEREFORE:

BE IT RESOLVED by the Senate of the 146^th General Assembly of the State of Delaware, that a nonpartisan task force be created to help interpret Title IX and its effects when any public higher education institution that receives state funds seeks to eliminate a varsity program.

BE IT FURTHER RESOLVED that the Title IX Task Force shall create its own rules and process for holding public hearings.

BE IT FURTHER RESOLVED that the Title IX Task Force shall report annually to the Department of Education.

BE IT FURTHER RESOLVED that the members of this task force shall consist of a retired judge, a representative from each of the three public higher education institutions, a representative from the Delaware Interscholastic Athletic Association, a public school representative, and an at large representative from each county all to be appointed by the Governor to equal nine members.

BE IT FURTHER RESOLVED that the Governor shall designate one of the nine members to chair the task force and call the first meeting to order.

BE IT FURTHER RESOLVED that the task force shall meet outside of public hearings at the direction of the chair.

BE IT FURTHER RESOLVED that the task force will continue to meet until the Legislature deems its service to be unnecessary.