EDITORIAL: Misinterpretating Title IX's goals

Schools shouldn't be forced to maintain equal numbers of female sports if women don't take advantage of them. However, the reports the Ivy League filed last November in compliance with the Equity in Athletics Disclosure Act presented a far different picture. Although the general population of Ivy students is nearly 50 percent female, the ratio of male-to-female varsity athletes in the league is about 3-to-2. It is important to remember, though, that equality of opportunity does not always translate into equality of participation. This appears to be the case in the Ivy League. Brown University's legal troubles provide an example of gender equity gone too far. Last April, Brown was found to be in violation of Title IX of the Education Amendments of 1972 -- the federal law prohibiting sex discrimination at educational institutions that receive federal funding. This ruling came down despite the fact that Brown offers 18 men's varsity teams and 18 women's varsity teams. The judge argued that because Brown's 52-48 ratio of male-to-female athletes did not mirror its 48-to-52 ratio of male-to-female students, it was in violation of Title IX. Lost in the argument was the fact that Brown has struggled to fill its 18 female rosters. At the time of the court decision, there were 100 openings on Brown's women's rosters. It is not that Brown was discriminating against female athletes; female students at Brown were just choosing not to take advantage of the openings. Brown had hoped to appeal the case to the U.S. Supreme Court, but the high court just announced that it will not hear the case. In doing so, the Supreme Court is encouraging the continued misinterpretation of Title IX. The purpose of Title IX should be to provide equal opportunity for female athletes to compete at the varsity level. The purpose of Title IX should not be to create equal numbers of male and female athletes. There are areas where Ivy schools must improve. Every Ivy school spends at least twice as much on men's recruiting as it does on women's recruiting. This surely explains some of Brown's unfilled roster spots. But forcing every school retain equal numbers of male and female athletes (or at least a ratio proportionate to the student body as a whole) has never been the goal of Title IX. Title IX is here to provide equal opportunities for women. After that, it is the responsibility of the women to seize those opportunities.