This is Brentt Eads of Extra Inning Softball… this year is the 50th anniversary of Title IX, the landmark legislation making it mandatory where girls’ rights and access to facilities, equipment and everything else that boys’ sports have must be equal.
Is it still a problem?
Oh yea… check out this YouTube video from two years ago where several softball players comment on the disparity between what they have and what their schools’ baseball players enjoy:
This is not only an equality issue, but is far-reaching in its impact in other ways.
How?
Recruiting, for one: not all high school parents have the money and/or time to give their daughters the opportunity to play at an elite club level where college coaches are most likely to be scouting for scholarship athletes. Competing at the high school fastpitch level might be their best platform.
Interestingly, many feel that when it comes to comparing this access to equality between girls and boys sports, softball versus baseball is, by far, the largest void and, also, the easiest comparison for the Federal Courts.
Last year, some parents whose daughters play fastpitch at Bennington High in Nebraska sued the school and won, ultimately providing their softball athletes with everything from a new field and equal access to the weight room to adding full concessions and permanent structure restrooms.
One of those softball mothers involved in the case, Jennifer Sedlacek, had a strong and vested interest as her daughter, Taylor, was a standout on the high school team as well as for the Nebraska Gold 18U National – Singleton team. Today, the young athlete is a freshman at Wichita State.
“Had I known what I know now,” admits Jennifer, the mother, “I would have done it (pursued Title IX equality at the school) years ago. I read some white paper at the time stating that less than 2% of high school cases ever make it to court and none have been won by the school. The school then has to pay for all legal fees.”
An interesting side note: Taylor has been to the World Series twice: first in 2014, which sparked her decision to pursue playing college softball, and second, last year when the lawsuit was on the cusp of being settled.
So why was the 2021 WCWS particularly relevant to the family?
“In last year’s World Series finale between Oklahoma and Florida State,” Jennifer explains, “there were 11 girls between the two teams who came from high schools that were sued for Title IX athletics equity for softball.”
“That may have had an impact on them and, ultimately, their careers in softball.”
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Title IX: Equal Rights for Women in Athletics
This summer, June 23, 2022, was a particularly important day when it comes to fairness and equal rights in sports.
That day marked the 50th anniversary of Title IX of the Education Amendments of 1972, usually referred to as “Title IX.” Title IX is arguably one of the most significant pieces of civil rights legislation in America’s history, and this is particularly true when it comes to its impact on women’s athletics.
But what is Title IX, and how does it affect women’s athletics?
Title IX is, quite simply, a federal law that prohibits sex discrimination in educational programs that receive federal funds—which is most educational programs. It applies to all levels of schools, and thus all levels of school athletics programs, from elementary school to D1 universities.
At its core, Title IX protects two basic aspects of an athletics program:
- equal access to participate in the program for both sexes and
- equal treatment once in the program for both sexes.
Getting more into the details, Title IX law provides a three-part test on “Accommodations of Interests and Abilities” to determine whether the sexes have equal access.
And Title IX has an 11-factor test to determine whether the sexes receive equal treatment.
Is this 50-year-old law really still relevant or needed today?
Yes! In 1972, there were 3.7 million boys participating in high school sports and fewer than 300,000 girls. Today, there are 4.5 million boys (or about 57%), and 3.4 million girls (or about 43%).
In other words, while there are now over three million girls in high school sports, that number is still less than the boys’ participation numbers 50 years ago, in 1972.
Clearly, while Title IX has advanced women’s athletics by leaps and bounds, there is still a lot of work left to be done.
Can Title IX help my daughter?
Very possibly! Title IX remains the law of the land, 50 years later. As shown by the Sedlacek family’s Title IX journey, this law is as powerful as ever in enforcing women’s rights to equal access and equal treatment to athletics.
Here’s a deeper dive into how this one family helped make it happen in their community…
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Taylor Sedlacek is now a freshman at Wichita State, but in her time at Bennington High, she was a successful plaintiff along with two other softball players.
The story made national news including being featured in a June 24, 2022 article in the New York Times (The Real Enforcers of Gender Equity in Sports: Angry Parents) Note: subscription-access needed.
Extra Inning Softball asked the athlete’s mother, Jennifer, about her experience enforcing her daughter’s rights to equality in athletics under Title IX, and how that experience may help others in growing and equalizing the opportunities for their daughters.
What was the timeline for you and the lawsuit?
I have both a son and daughter who participated in sports. It was not until Taylor was in high school playing both basketball and softball that we started to really see the disparity between girls’ and boys’ sports.
It ranged from the multi-million-dollar facilities and superior uniforms for football and baseball compared to softball as well as access to weight rooms, trainers, transportation, and overall support and promotion for each sport.
We had a lot of field condition issues, no bull pens, and no restrooms with running water. We also had safety issues such as large holes in our batting cage nets, no warning track, and sometimes buses with no undercarriage storage and the girls would cram the bus aisles with their gear.
We first brought Title IX issues to the School Board in April of 2019. After many rounds, we did not see progress. Thus, we filed a lawsuit on February 12, 2021, and it was settled on July 19, 2021.
How did you know how and where to file?
The internet. After much research, I found a story about a softball mom in Georgia whose story sounded similar to ours—and who sued the school and won.
I reached out to her, and she referred me to her lawyer, Sam Schiller of Schiller Law Firm in Cookeville, Tennessee. He has handled Title IX cases all over the country, in many different states. We reached out to him, and the rest is history.
Knowing what I know now, I wish I would have reached out to him two years earlier!
What is it that you know now that would help others?
Legal fees always are a deterrent. I always thought our only free option was to file with the OCR (link: The Department of Education’s Office for Civil Rights).
However, after providing our documentation, our lawyer handled everything, and it was settled in less than six months with no cost to us. He said that some cases take longer than others, but that in the end, the girls’ rights to equal treatment are vindicated.
From your experiences, it sounds like education is the key. What are some of the key items people should know about Title IX athletics? And what have been some of the biggest misconceptions you have learned about?
I would say these are the key items for people to understand:
1. Ask yourself: What is the enrollment of girls versus boys at your school? Are the athletic participation rates relatively the same? Are the funding rates relatively the same?
2. A Title IX audit looks at both girls’ and boys’ programs and the 11 program benefits below. Most people do not realize how extensive it is:
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- equipment and supplies (quality, amount, & maintenance)
- scheduling of games and practices (number of games, game times, practice times, competition, length of season, etc.…
- travel and per diem allowance (modes of transportation, housing, dining, length of stay)
- tutoring (availability, qualifications, compensation, academic services)
- coaching (availability, qualifications, compensation)
- locker rooms, practice, and competitive facilities (quality, availability, exclusivity, preparation, and maintenance)
- medical and training facilities and services (medical personnel, training personnel, training and weight rooms, insurance)
- housing and dining facilities and services (regular and special housing and dining, housing and dining during term breaks, pre- and post-game meals)
- publicity (sports information personnel, publications, promotions, announcers, music, introductions, cheerleaders, dance team, pep bands, video streaming, school announcements, display cases/awards, mascots, half-time shows, giveaways, game programs, media guides, press releases, etc.)
- support services (administrative and clerical support, office space and equipment)
- recruitment of student athletes (opportunity to recruit, financial resources, treatment of prospective athletes) as well as athletic financial assistance (scholarships)
The audit lists all the disparities regardless of how small. Not everything has to be exactly equal, as an audit looks at it as a whole. But it must be equitable as a whole. I actually had a 440-page investigator’s manual that I would reference. I think most schools settle because they come to realize that this is something they have to do.
3. Under Title IX, equivalent treatment is not dependent on the student athlete’s ability to generate income for the school. Interscholastic athletics is considered an “education program,” not a business. So, even if the football team generates more revenue than other sports, it does not matter. The access and treatment the football team receives still counts in the overall Title IX analysis of whether a program is equitable as a whole.
4. Schools may not delegate their compliance responsibilities to coaches or female athletes (or their ability to advocate) in providing benefits to student athletes. They cannot say “The coach or girls did not ask.”
5. Schools are not absolved of their federal requirements even if they lease a field or facility, because the field or facility is still a benefit provided to students. They cannot say: “We don’t own or maintain the field. It’s leased and should not count.”
6. Regardless of the source of funds — such as a booster club, or special or specific donations or endowments made for boy’s athletics by private donors — the school must monitor the situation and is still responsible to ensure that funding, along with the overall treatment and access, is equitable. Title IX is specific on this point. This is to prevent schools from circumventing the law. Our school boosters sponsor a large fireworks show at a home football game every year that costs thousands of dollars. That is a publicity benefit for football under Title IX as it draws spectators.
7. Lack of funds cannot justify sex discrimination under Title IX. It cannot be an excuse.
Do you believe your actions helped your daughter get recruited to Wichita State by providing similar opportunities?
It never was about that for us personally as we were playing the club circuit. However, many girls cannot afford that kind of travel schedule and to have the support at the high school level where they have similar opportunities and are promoted by the school, social media, MaxPreps, and newspapers in an equivalent manner which does help.
If you have the same quality coaching, equipment and facilities, it improves your chances to go to the state tournament where college coaches do attend.
It is really more about having the same respect for girls’ athletics or girls in general. They put in just as much work and deserve equal opportunities whether they go on to play college softball or any other career—and, frankly, it’s the law.”
What final advice would you have for others that are thinking about taking action?
Gather your documentation. Find out how the school intends to fix the problem. If you do not get any resolution, then reach out to a lawyer.
And I highly recommend my attorney, Sam Schiller!
It will not always be easy with some in the community or school district. Some will make it difficult for your daughter, so she needs to be strong and onboard. Some will be angry thinking the boys are going to lose something or that it’s going to raise their taxes.
Neither was the case in my experience.
We also did not ask for damages. It was never about the money. It was to make Bennington a better place for the girls. That helped garner community support. Most just did not understand the law or have walked a mile in these girls’ shoes to understand the issues. You may have to stay on top of the school district even after winning your lawsuit to complete items or really change the culture.
I think it is great that Extra Inning Softball is using their platform to educate parents who may need to make things better for women’s athletics at their school. It’s education like this that results in change.
Finally, if there are any questions or any way I can help, please let me know. You can reach me by contacting Extra Inning Softball at info@extrainningsoftball.com.
