results in more funds being raised for the boys than the girls, a school has an obligation to at least consider whether that additional funding impacts the entirety of the boys’ programs enough that the school needs to provide more funding for the girls’ programs. If there is a disparity, the institution has three choices. It may:
Increase the benefits for the girls;
Decrease the benefits for the boys; or
A combination of both.
This places an administrative burden on schools trying to monitor the distribution of all benefits to all teams, regardless of the source. For this reason, some schools choose to put all sports teams under one school-wide athletic booster club, where the club’s board ensures that equal benefits and services are provided to all teams-both male and female. Here are other tips that may address the disparity caused by boosters and other benefactors:
Advise the benefactor of Title IX and ask that the gift to be used in a nondiscriminatory fashion that benefits both genders.
Create a policy where all outside donations are deposited into a unified athletic fund for all teams instead of being given directly to a specific team.
Accept the gift and publicize a challenge or matching gift to the community.
TITLE IX AND DISCRIMINATION IN EMPLOYMENT IN EDUCATION PROGRAMS In addition to protecting students, Title IX also protects individuals from sex discrimination in employment.68 That protection covers employment, recruitment, consideration, advertising, hiring, upgrading, tenure, firing, rates of pay, fringe benefits, leave for pregnancy and childbirth and participation in employersponsored activities.69 The following summarizes key areas school boards should be aware of. COMPENSATION Under Title IX, a school system cannot establish policies that result in unequal compensation to employees on the basis of sex in jobs that require equal skill, effort and responsibility, and that are performed under similar conditions.70 In 18
