Page

Fuzak, Dr. John A., president, National Collegiate Athletic Association;
Stanley Marshall, Secretary-Treasurer, NCAA; Karol Kahrs, assistant
athletic director, University of Illinois; Bill Ireland, director of
athletics, University of Nevada at Las Vegas; Larry Albus, director of
athletics, St. Louis University; Sue Jones, coordinator of women's
athletics, St. Louis University; Ed Sherman, director of athletics, Mus-
kingum College, New Concord, Ohio; Tom Hansen, assistant executive
director, NCAA; Philip B. Brown and Michael Scott, legal counsel,
NCAA, Washington, D.C., a panel___.
Gilbert, Clarissa, president, National Student Association, accompanied
by Rick Marsden, speaker of Twin Cities Student Assembly, Univeristy
of Minnesota; and Margy Duval, president, Intercollegiate Association
of Women Students, accompanied by Margie Chapman, past president of
IAWS, a panel.......

Prepared statement--

Hruska, Hon. Roman L., a U.S. Senator from the State of Nebraska__.
Prepared statement_-_.

Kurzman, Hon. Stephen, Assistant Secretary for Legislation for the De-
partment of Health, Education, and Welfare, accompanied by Peter E.
Holmes, Director, Office for Civil Rights, DHEW; Ms. Gwendolyn Greg-
ory, Director, Office of Policy Communication, Office for Civil Rights,
DHEW; and St. John Barrett, Acting General Counsil, DHEW_
Prepared statement_-_-

National Association for Sport and Physical Education, Dr. Harry G.
Fritz, president, prepared statement..

National Student Association, prepared statement..
Pennsylvania State University, Dr. Robert J. Scannell, dean, College of
Health, Physical Education and Recreation, prepared statement_----
Scannell, Dr. Robert J., dean, College of Health, Physical Education, and
Recreation, Pennsylvania State University, accompanied by Newton Cat-
tell, director, Federal regulations_.
Prepared statement_.

Tate, Dr. Willis, chancellor, Southern Methodist University, Texas_-_-
University of Texas at Austin, Donna A. Lopiano, director, Intercollegiate
Athletics for Women, prepared statement..

ADDITIONAL INFORMATION

Articles, publications, etc. :

Elimination of Sex Discrimination in Athletic Programs, September
1975, memorandum to chief State school officers, superintendents of
local education agencies and college and university presidents,
from the Department of Health, Education, and Welfare..

Fair Play for Intercollegiate Athletics, opening remarks by Senator
Hruska, from the Congressional Record-Senate, July 10, 1975.
Nonrevenue funds allocation to athlectic programs, Southern
Methodist University, Texas--

"Revolution In Women's Sports," from Women Sports, September
1974.
Communications to:

Hruska, Hon. Roman L., a U.S. Senator from the State of Nebraska, from:

Osborne, Tom, head football coach, Department of Intercollegiate
Athletics, University of Nebraka, Lincoln, Nebr_-_-
Swofford, Aleen, women's athletic director, University of Ne-
braska, Lincoln, Nebr., Sept. 12, 1975---

Devaney, Bob, athletic director, Department of Intercollegiate
Athletics, University of Nebraska, Lincoln, Nebr., Sept. 10,
1975

15

16

18

Pell, Hon. Claiborne, a U.S. Senator from the State of Rhode Island, from David Mathews, Secretary, Department of Health, Education, and Welfare (with enclosure).

197

APPENDIX

STATEMENTS

Commonwealth of Pennsylvania, Department of Education, John C. Pittenger, secretary, prepared statement-

Page

253

326

Rutgers University, New Brunswick, N.J., prepared statement---
Articles, publications, etc. :

Title IX: Moving Toward Implementation, from the National Association for Physical Education of College Women, and the National College Physical Education Association for Men..

202

"Maryland Athletics: A Financial Struggle," by Mark Asher, from the Washington Post, Sunday, July 20, 1975---

256

"Equal Opportunity vs. Intercollegiate Football," by Phyllis Zatlin
Boring, New Jersey Women's Equity Action League__
"Physical Fitness and Femininity," by Thomas Boslooper, minister
and Ph. D...

265

281

"We've Got Big Shoes to Fill," from the University of MissouriColumbia, women's athletic program__

351

"Deep Trouble for Affirmative Action, Your help Urged," from National Organization for Women, Chicago, Ill., Aug. 28, 1975 (with attachments)

436

Communication to:

Bloustein, Edward J., president, Rutgers University, New Brunswick,
N.J., from:

Pell, Hon. Claiborne, a U.S. Senator from the State of Rhode
Island, Sept. 16, 1975___

431

Williams, Hon. Harrison A., Jr., a U.S. Senator from the State of
New Jersey, Oct. 3, 1975.

432

Byrd, Hon. Harry F., Jr., a U.S. Senator from the State of Virginia, from:

Williams, Hon. Harrison A., Jr., a U.S. Senator from the State of
New Jersey, Jan. 20, 1976.

426

Heilman, Dr. E. Bruce, president, University of Richmond, Rich-
mond, Va., Nov. 11, 1975__.

428

Curtis, Hon. Carl T., a U.S. Senator from the State of Nebraska, from
Aleen Swofford, women's athletic director, University of Nebraska
at Lincoln, Lincoln, Nebr., Sept. 12, 1975-
Hart, Hon. Philip A., a U.S. Senator from the State of Michigan, from:
Williams, Hon. Harrison A., Jr., a U.S. Senator from the State of
New Jersey, Sept. 10, 1975--

413

414

Cain, Mary A., professor and chairperson, Commission on the
Status of Women, Western Michigan University, Kalamazoo,
Mich., Feb. 24, 1975 (with enclosure).

Javits, Hon. Jacob K., a U.S. Senator from the State of New York, from Herbert D. Sledd, American Bar Association, Chicago, Ill., Sept. 15, 1975 (with attachment) __

Parsons, Richard D., associate director, Domestic Council, Washington, D.C., from Robert J. Scannell, dean, Penn State University, Aug. 29. 1975_.

Pell, Hon. Claiborne, a U.S. Senator from the State of Rhode Island,
and Chairman of the Subcommittee on Education, from:

Boslooper, Thomas, minister, the Reformed Church of Closter,
Closter, N.J., Sept. 5, 1975_.

Seward, Doris K., D.P.A., president, Women's Equity Action
League, Washington, D.C., Sept. 6, 1975 (with attachments) ___
Kollen, Patsy, South Lyon, Mich., Sept. 8, 1975 (with attach-
ment)

415

411

429

280

304

313

Communication to-Continued

Pell, Hon. Claiborne, from-Continued

Page

315

325, 402

Bergmann, Barbara R., professor of economics, University of
Maryland, College Park, Md., Sept. 9, 1975_.
Bloustein, Edward J., president, Rutgers University, New Bruns-
wick, N.J., Sept. 11, 1975, and Oct. 20, 1975---.
Seiden, Anne M., M.D., director of research, State of Illinois,
Department of Mental Health, Chicago, Ill., Sept. 12, 1975---
Cardin, Shoshana S., chairwoman, Maryland Commission on the
Status of Women, Baltimore, Md., Sept. 16, 1975 (with attach-
ments)

Pearce, Janice, member, task force on title 9, Consortium of
Utah Women in Higher Education, Salt Lake City, Utah, Sept.
16, 1975.

Daniels, Arlene Kaplan, president, Sociologists for Women in
Society, director, Program on Women, Northwestern Univer-
sity, Evanston, Ill., Sept. 16, 1975-

Vernon, Mary, associate professor of art history, Southern Meth-
odist University, Dallas, Tex., Sept. 17, 1975__
Jarrett, Miss Alexis, assistant director, University of Missouri-
Columbia, Columbia, Mo., Sept. 18, 1975--.
Clemetsen, Siri, vice president, Region V. Intercollegiate Associa-
tion of Women Students, Mount Pleasant, Mich., Sept. 18, 1975
Thorpe, JoAnne, professor and chairperson, Southern Illinois Uni-
versity at Carbondale, Carbondale, Ill., Sept. 19, 1975----
Hornig, Dr. Lilli, executive director, Brown University, Provi-
dence, R.I., Sept. 22, 1975---.

329

337

344

346

347

350

359

360

367

Koenig, R. J., corresponding secretary, the Cleveland Business and
Professional Women's Club, Maple Heights, Ohio, Sept. 24,

1975

374

Kramer, Marge, coordinator of women's athletics, Upper Iowa
University, Fayette, Iowa, Sept. 25, 1975.

376

Hoth, Sandra, president, Iowa Association for Intercollegiate
Athletics for Women, Grinnell College, Grinnell, Iowa, Sept. 26,
1975

379

Holmstrom, Lynda Lytle, Ph. D., chairperson, Sociologists for
Women in Society, Oct. 9, 1975--

394

Ashhurst, Nancy, president, Missouri Women's Equity Action
League, Hazelwood, Mo., Oct. 11, 1975--
Miscellaneous communications to Senator Pell_

398

317-324

331-336, 348, 349, 361–366, 369-373, 375, 380–393, 395–397, 399–401, 403-410

Williams, Hon. Harrison A. Jr., a U.S. Senator from the State of New Jersey and Chairman of the Committee on Labor and Public Affairs, from:

Boring, Phyllis Zatlin, past president, Women's Equity Action
League, Old Bridge, N.J., Sept. 2, 1975_.

264

Bloustein, Edward J., president, Rutgers University, New Bruns-
wick, N.J., Sept. 11, 1975___

Dougherty, Dr. Neil J., director, Division of Recreational Sports,
Rutgers University, New Brunswick, N.J., Sept. 15, 1975--
Goralczyk, Darlene, vice president, Intercollegiate Association of
Women Students, Region II, Flagstaff, Ariz, Sept. 15, 1975__.
Clemetsen, Siri, vice president, Intercollegiate Association of Wo-
men Students, Region V, Mount Pleasant, Missouri, Sept. 18,
1975

268

270

272

273

Hansel, Ginger, president, Students' Association, and Ed Martin,
director of State affairs, University of Houston, Houston, Tex.,
Oct. 1, 1975_.

274

Southern Methodist University students, in Dallas, Tex., Sept. 12,
1975

277

Byrd. Hon. Harry F., Jr., a U.S. Senator from the State of Vir-
ginia, Nov. 18, 1975___

427

Sledd, Herbert D., American Bar Association, Sept. 15, 1975 (with
attachment)

434

PROHIBITION OF SEX DISCRIMINATION, 1975

TUESDAY, SEPTEMBER 16, 1975

U.S. SENATE,

SUBCOMMITTEE ON EDUCATION OF THE

COMMITTEE ON LABOR AND PUBLIC WELFARE,

Washington, D.C. The subcommittee met, pursuant to notice, at 10 a.m., in room 3302, Dirksen Senate Office Building, Senator Claiborne Pell, subcommittee chairman, presiding.

Present: Senators Pell, Beall, Javits, Randolph, and Stafford. Senator PELL. The subcommittee will come to order.

Today we will receive testimony on S. 2106, introduced by Senators Tower, Bartlett, Hruska, and Laxalt. This legislation would exempt certain revenue producing intercollegiate athletic activities from the coverage of title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex.

Interestingly enough, the regulations concerning intercollegiate athletics are a very small portion, and really a tiny portion, of title IX which I believe have been blown out of all proportion to the title itself. I think it is important to state here that title IX was enacted in 1972, and it is the law. Regulations were issued, regulations which the Congress could have disapproved of, yet did not.

The hearing today is not to rehash points of view with regard to title IX or the regulations submitted thereunder. The sole purpose of the hearing is the amendment of Senator Tower and his colleagues as it pertains to intercollegiate athletics.

In setting up these hearings, great care was taken to provide for balanced testimony so that no side of the issue would allege that the hearings were slanted in one direction or another. If you look at the witness list, you will see that there is an attempt to balance one viewpoint with the other. This is not to say, however, that statements for the record on all sides of the issue, as well as on the greater question of the effect of this bill on the theory underlying title IX itself, will not be accepted for the printed hearing record. For this purpose the record will be kept open for the ensuing 14 days.

A copy of the bill S. 2106 will follow. [The bill referred to follows:]

94TH CONGRESS 1ST SESSION

S. 2106

IN THE SENATE OF THE UNITED STATES

JULY 15 (legislative day, JULY 10), 1975

Mr. TOWER (for himself, Mr. BARTLETT, Mr. IIRUSKA, and Mr. LAXALT) introduced the following bill; which was read twice and referred to the Committee on Labor and Public Welfare

1

A BILL

To amend title IX of the Education Amendments of 1972.

Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled, 3 That section 901 (a) of the Education Amendments of 1972 4 (Public Law 92-318) is amended by

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6

7

8

9

10

11

(1) striking out the word "and" at the end of paragraph (4) of such section; and

(2) striking out the period at the end of paragraph (5) and inserting in lieu thereof a semicolon and the word "and"; and

(3) adding at the end thereof the following new paragraph: