The U.S. Department of Education's Office of Civil Rights sent this letter to the University of Iowa Nov. 27, 2018, regarding a gender equity investigation in the Athletic Department.
The U.S. Department of Education's Office of Civil Rights sent this letter to the University of Iowa Nov. 27, 2018, regarding a gender equity investigation in the Athletic Department.
The U.S. Department of Education's Office of Civil Rights sent this letter to the University of Iowa Nov. 27, 2018, regarding a gender equity investigation in the Athletic Department.
UNITED STATES DEPARTMENT OF EDUCATION iy
OFFICE FOR CIVIL RIGHTS Coe
500 WEST MADISON ST, SUITE 1495 anesora
CHICAGO, IL 6066-4544 Nori DAKOTA
wisconsin
November 27, 2018 RECEIVED
Mr. Bruce Harreld NOV 3 zum
aes ee OFFICE OF GENERAL COUNSEL
101 Jessup Hall
Towa City, lowa 52242-1316
Re: OCR Case No. 05-15-2538
Dear Mr. Harreld:
On December 29, 2017, the University of Iowa (University) submitted a Resolution Agreement
(Agreement) to the U.S. Department of Education, Office for Civil Rights (OCR), to resolve the
above-referenced complaint and to ensure its compliance with Title IX of the Education
Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 - 1688, and its implementing regulation at
34 CFR. Part 106, which prohibits discrimination based upon sex.
On July 16, 2018, OCR received a report from the University regarding its implementation of
item V1 of the Agreement, in which the University agreed to provide equivalent treatment,
benefits, and opportunities to female and male student athletes with respect to the provision of
locker rooms, practice and competitive facilities. This item required the University to complete a
comprehensive assessment of all current locker rooms, practice and competitive facilities
assigned to each men’s and women’s athletic team. The assessment was required to include
whether the University’s women’s intercollegiate athletic teams are provided with comparable
opportunities as provided to the men’s intercollegiate athletic teams in the quality and
availability of the facilities provided for practice and competitive events; exclusivity of use of
facilities provided for practice and competitive events; availability of locker rooms; quality of
locker rooms; maintenance of practice and competitive facilities; and preparation of facilities for
practice and competitive events. Based on the assessment, the University was required to
determine whether it provides equal athletic opportunities for members of both sexes in the
provision of locker rooms, practice and competitive facilities.
During OCR’s original investigation, concems were identified with regard to access to locker
rooms and restroom facilities during soccer and field hockey events, lack of concessions at
soccer games, the quality of the softball field, ventilation of the field hockey practice facility, and
locker rooms for softball, cross country, track and field, and gymnastics athletes. In the July 16
report to OCR, the University indicated that it completed the facilities assessment required by the
Agreement by reviewing all locker rooms and practice and competitive facilities; the report did
not indicate the extent to which the University considered input from coaches and/or athletes.
Based upon the assessment, the University asserted that it provides equivalent treatment,
‘The Department of Education's mi
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nis to promote student achievement and preparation for global competitiveness
educational excellence and ensuring equal access.
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benefits, and opportunities to female and male student athletes with respect to the provision of
locker rooms and practice and competitive facilities.
With regard to locker rooms, the University indicated that the men’s and women’s gymnastics
locker rooms are “not as nice” as other teams? locker rooms, but are adequate and comparable to
‘one another. The University also said both the baseball and softball teams have locker rooms
adjacent to their competitive facilites, but do not have access to lounges in these locker rooms."
The University also noted that it has added a temporary heated and air conditioned “trophy suite”
at the women’s soccer facility that has a locker room, meeting area, and restroom; it has offered
to allow the field hockey team to use this facility, which is 90 yards away from the field hockey
field, but according to the University, the field hockey team declined the offer and continues to
use a tented area at the field.
‘The University also indicated that the men’s and women’s track and cross country teams have
shared lockers, but the University plans to add locker rooms for men and women prior to spring
2019. The University noted that rowing athletes may share lockers in the fall but that by the time
of the championship season in spring, there is attrition among novice rowers, and the coach
indicated that there are sufficient lockers to meet the team’s needs. The University concluded
based on its assessment that it provides equivalent treatment, benefits, and opportunities to
female and male student athletes with respect to the provision of locker rooms.
With regard to practice facilities, the University indicated that several sports have dedicated
practice facilities and that the University is not aware of any problems with teams that share
facilities; the University provided a list of practice teams for each team. The University
concluded based on its assessment that it provides equivalent treatment, benefits, and
‘opportunities to female and male student athletes with respect to the provision of practice
facilities.
With regard to competitive facilities, the University indicated that all venues meet NCAA
standards and include the necessary amenities to conduct competitions, as all are regulation and
appropriate for the sport, of similar quality construction, and have lighting, public address
systems, scoreboards, restrooms, and concessions. The University indicated that several sports
have dedicated competitive facilities and that the University is not aware of any problems with
teams that share facilities. The University also noted that several men’s and women’s teams do
not have meeting space at their competition facility, but that they use meeting rooms nearby.
The University indicated that the maintenance and preparation of all competitive facilities is
equivalent for men’s and women’s teams and also indicated that no issues with playing surfaces
were brought to the University’s attention during the assessment. The University concluded
based on its assessment that it provides equivalent treatment, benefits, and opportunities to
female and male student athletes with respect to the provision of competitive facilities.
' During OCR's investigation, the softball locker facility adjacent to the field was described as “small and
inadequate.” Athletes claimed that they could not shower there, that there was no door to the bathro
there were vermin. The assigned softball locker room and lounge in the recreation building is over a
field.Page 3 ~ Mr. Harreld
While the University plans to add locker rooms for men’s and women’s track and cross country
teams prior to spring 2019, it did not indicate in its report that it has addressed the ventilation of
the field hockey facility, the lack of concessions at soccer games, or the quality of the softball
field. OCR has determined that it is necessary to follow up with coaches and athletes regarding
the University’s provision of locker rooms and practice and competitive facilities and to review
any changes that have been made to the facilities that have allowed the University to determine
that they are equivalent for males and females. OCR will contact the University to arrange for
this follow-up in spring 2019, along with the follow-up OCR identified to the University in its
previous letter, dated July 13, 2018.
OCR also requests that the University provide by December 31, 2018, the number of athletes
who participated in each sport in the 2017-2018 and 2018-2019 academic years, using the same
definition of a participant as in previous reports.
Thank you for the cooperation extended to OCR in this case. If you have any questions regarding
our monitoring, please feel free to contact Judith Levitt, Deputy Chief Attorney, at (312) 730-
1589 or by e-mail at Judy. Levitt@ed.gov or me at (312) 730-1611 or by e-mail at
Jeffrey. Tumbull@ed.gov.
fpr
# Jeffrey Turnbull
Team Leader
cc: Ms. Carroll Reasoner