More details about Title IX complaint

Following the April 20 article in the Fiat Lux titled, “Civil Rights office to Investigate AU,” the Fiat Lux obtained more details via its FOIA request, which outlines each alleged violation more specifically.

Anonymous parents and their attorneys, who were omitted in the documents, pointed to 11 alleged Title IX athletic components in violation including Effective Accommodations of Interest and Abilities, Practice and Competitive Facilities, Equipment and Supplies, Travel and Per Diem, Scheduling of Games and Practice Times, Opportunity to Receive Academic Tutoring, Locker Rooms and Strength Training, Medical and Training Facilities and Services, Publicity, Promotion and Marketing and Support Services.

According to the complaint, Alfred reported in 2006-2007 in its Equity in Athletics Disclosure to the U.S. Department of Education that its full-time undergraduate population was 1,863 of which 945 are male and 918 female. In the disclosure 290 males participated in intercollegiate varsity sports, while 156 females participated, unveiling a 14 percent disparity.

Beyond the disclosure received by the U.S. Department of Education at that time, the allegations cited the University’s website for it’s information.

In addition, the complaint points out, “Alfred University cannot claim safe harbor a history of continuing expanding the opportunities of the underrepresented gender.” Since no other women’s sports programs were added in the last 13 years, the University has had “beyond a reasonable time period to claim a history of continuing expansion based upon federal court decisions on the issue.”

In regards to facilities, the document states that the softball field has no water, no electricity, no restroom, no dedicated storage, no press box and sound system and no convenient parking.

”Softball essentially has no on campus practice and competition facility and is thus forced to travel to one of two inferior off campus fields,” according to the complaint.

The softball field is juxtaposed against the football field, where “140 male athletes practices and competes on the ‘finest outdoor collegiate athletic facilities in New York State.’

Also, the McLane Center lacks equitable treatment between male and female athletes. Women’s sports that don’t have a male equivalent such as basketball aren’t provided scheduling priority in the gym and are “forced to utilize an ‘open’ gym time.”

Under the umbrella of locker rooms and strength training the complaint points to the football team taking priority in scheduling time in the community weight room, stating that “six days a week the football team is scheduled to lift weights at the following hours – 7:00 a.m. to 9:00 a.m., 1:00 p.m. to 3:00 p.m. and 4:00 to 6:00 p.m.

Female student athletes are disadvantaged for weight training opportunities and no equivalent number of 140 female athletes have priority scheduling of a weight room and access to strength training coaches.”

Originally, the complaint was sent to the U.S. Department of Health and Human Services, a division within the Office for civil rights, but was found not to have jurisdiction, since the University fails to receive monetary aid from that entity.

The complaint was forwarded to the Department of Education, a division under the Office of Civil Rights that did have the authority to investigate AU.

To read the entire Title IX complaint, including the eleven Title IX allegations and the subsequent supporting evidence, visit the Fiat Lux website at www.thefiatlux.com.