Analysis Law and Policy

Title IX and Gender Equity: All Talk, No Touchdown?

Nikki Serapio

Civil rights advocates would do well to ask the Obama administration to step up and impose some actual accountability. By all accounts, too many universities are still violating the letter and spirit of Title IX.

This article is cross-posted from Amplify Your Voice.

This time last year, the Obama administration signaled that it would pursue stricter and more faithful enforcement of the gender-equity law known as Title IX. In announcing this move, Vice President Joe Biden called Title IX enforcement a political and moral “no-brainer”:

“What we’re doing here today will better ensure equal opportunity in athletics, and allow women to realize their potential — so this nation can realize its potential.”

Well, one year after Vice President Biden’s statement, civil rights advocates would do well to ask the Obama administration to step up and impose some actual accountability. By all accounts, too many universities are still violating the letter and spirit of Title IX.

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

Katie Thomas, a writer at The New York Times, recently examined how college athletic programs are executing against the current Title IX rules and guidelines. What she found was a great deal of unethical — and many times brazen — gamesmanship:

“At Cornell, only when the 34 fencers on the women’s team take off their protective masks at practice does it become clear that 15 of them are men. Texas A&M and Duke are among the elite women’s basketball teams that also take advantage of a federal loophole that allows them to report male practice players as female participants.”

When a law meant to promote gender equality in higher education allows you to count men as women, you know there is something grossly wrong.

In large part, the current problems with Title IX rest on a concept called roster management. Each year, universities are required to send their male and female participation numbers to the Department of Education. And every year, instead of attempting to achieve a real-life gender balance within their athletic programs (as required by Title IX), a number of schools have resorted to reporting misleading or false numbers. Thomas writes in her New York Times expose:

“…[I]nstead of pouring money into new women’s teams or trimming the rosters of prized football teams, many colleges are turning to a sleight of hand known as roster management. According to a review of public records from more than 20 colleges and universities by The New York Times, and an analysis of federal participation statistics from all 345 institutions in N.C.A.A. Division I — the highest level of college sports — many are padding women’s team rosters with under-qualified, even unwitting, athletes. They are counting male practice players as women. And they are trimming the rosters of men’s teams.”

We would be heartless to not acknowledge the budget difficulties that so many university educators are facing right now. If you’re a college president charged with surviving a budget shortfall in the tens or hundreds of millions of dollars, perhaps you’d find it hard to stomach any changes to your cash-cow football program — changes that might bring your school in line with Title IX. However, this kind of of hypothetical is a false one; fixing Title IX is not a zero-sum game.

Indeed, The New York Times article makes it clear that there’s a lot more that colleges can and should be doing to recruit prospective women athletes who are currently in high school, as well as draw in participation from current college students. The fact that universities aren’t doing these things — and would rather take the lazy route and submit fraudulent numbers to the Department of Education — represents a problem that can only be fixed by the federal government via a mix of incentives (what if we proactively rewarded universities for promoting gender equity?) as well as corrective and punitive measures.

It looks like we’re still waiting on some colleges to own up for their mistakes, or at the very least publicly explain what they’re going to do to adhere to Title IX from here on out. I haven’t seen any substantive statement from Cornell University in New York, for instance, which counted 15 men as members of the Cornell fencing team. Or anything from Marshall University in West Virginia, whose women’s tennis team took on three freshman as practice members — i.e., they never competed in an official match — in order to pad their numbers. (Kudos, though, to the editors of The Parthenon, Marshall’s student newspaper, who criticized their school and emphasized that “all female and male sports deserve equal treatment.”)

And then there’s the issue of strengthening the law itself, which involves closing off existing loopholes and preempting potential ones as well. To start, shouldn’t universities be prevented from counting male athletes as members of women’s teams, and pressed to invest more in identifying, recruiting, and supporting female athletes? Student athletes are often seen as models of achievement, excellent, and moral character. It would be good if we could reasonably say the same about the administrators and educators who control our athletic programs.

Culture & Conversation Human Rights

How One Couple Is Putting Bathroom Safety on the Map

Ryan Thomas

Like the Negro Motorist Green Book, the Safe Bathrooms map is not so much a novelty but a vital resource to protect the safety of its users at a time when history is repeating itself in a way that is marginalizing an already vulnerable population.

This piece was published in collaboration with Generation Progress.

North Carolina Gov. Pat McCrory (R) seems to think it’s a governor’s duty to classify which men and women are the “real” ones and which aren’t. Because of this, he has put the lives of all of North Carolina’s trans residents at risk by signing HB 2 into law.

Last week state legislators proposed changes to HB 2, but those changes do nothing to mitigate an unabashed blastoma of transphobia that is now lawfully spreading at a vicious pace.

In response to HB 2, droves of businesses and musicians have boycotted the state in hopes of stopping this unmitigated discrimination toward trans people from moving any further.

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

People have banded together to show their support for the trans community, and businesses across the state and country have declared themselves safe havens for trans-identifying individuals by submitting to the Safe Bathrooms map.

The map’s creators—River William Luck, a trans community activist, and his partner (and as of recently, fiancée), web design specialist Emily Rae Waggoner—both live in Boston, but the fight to protect trans rights affects them on a deeply personal level: They’re both from North Carolina.

When HB 2 was signed into law, Luck says, “I was on guard, because I’ve been told I’m in the wrong bathroom my entire life as a masculine-presenting female for more than 30 years.”

Now his home state has become one big ”Do Not Enter” sign for him and his friends still there. Luck’s reaction, however, was not one of helplessness. His instinct, which he learned to follow after years of experiencing and bearing witness to bigotry, was to bind the community and help strengthen it through tangible acts of love and support.

One Reddit commenter likened the map to the Negro Motorist Green Book of the 1930s to 1960s, which was published to help Black travelers in the United States find safe passage in times when racial persecution was legal. Like the Negro Motorist Green Book, the bathrooms’ map is not so much a novelty but a vital resource to protect the safety of its users at a time when history is repeating itself in a way that is marginalizing an already vulnerable population.

Before the Safe Bathrooms map, Luck started mailing hundreds of buttons from the #IllGoWithYou campaign to friends and family back home. The #IllGoWithYou campaign was developed as a means for allies to offer solidarity and protection to transgender and non-binary individuals. By wearing a button, participants pledge to stand up and speak up during instances of harassment and physical endangerment.

“This is my way of paying it forward,” Luck says. “What I’ve done is buy a shit ton of buttons and if someone wants one, I send them one. If they can’t afford it, I send them one. If they want to know more about it, I write them a note and ask people to pick up more.”

His reasoning is simple: “I would have given anything to have seen one of these when I was in North Carolina.”

Luck’s meaningful gestures extends to the clothes he wears, as he frequently can be found sporting a t-shirt that says “No Hate in Our State” or a tank top with the words “Proud Transman” printed in bold. River models several lines of what he refers to as “activism wear,” as a product ambassador a variety of labels including a Greensboro, North Carolina-based company called Deconstructing Gender, and another called Proud Animals.

It’s actually the former that planted the seed for the Safe Bathrooms map, as Luck and Waggoner were inspired by the photos of gender-neutral bathrooms posted on the company’s Instagram account. While the two were talking to Deconstructing Gender’s founder and CEO Avery Dickerson, who was transitioning at the time, Waggoner said, “Wouldn’t it be nice if there was a map of safe bathrooms where trans people could go without hassle?”

And so with Waggoner’s web design expertise and Luck’s social media skills, the Safe Bathrooms map came to life as a child of both necessity and wishful thinking. As they built it, the people came in droves: businesses, affected community members, and media alike.

With over 200 businesses included to date, the two have put together a functioning survival guide for trans residents and travelers who also possess bladders.

Waggoner shared one email with Rewire that she received from a man who owns an architecture firm in Maine, who requested to have his business be included on the map:

I, therefore this business, stand for equality, acceptance, and kindness to all. As a gay man, and one living with HIV for 30 years now, I know too well that indifference to discrimination, condoned cruelty, and legalized oppression are terminal illnesses. These behaviors killed the dreams, and injured the very souls of our young, and further darkened the roads the rest of us continue to travel. It must stop.

To be included on the Safe Bathrooms map, businesses need simply fill out this form and verify their trans-friendliness with a photo of a gender-neutral bathroom placard or other clear form of expression. Upon approval, businesses are represented on the map as a roll of toilet paper. For those lacking, the Safe Bathrooms website goes one step further and shows businesses where they can obtain gender-neutral bathroom signs for their private spaces.

Waggoner and Luck know personally how useful such a map can be. Waggoner says she’s had to stake out bathrooms to make sure the coast is clear, like a Secret Service member. One time, she says, “We were in a restaurant waiting to use the bathroom. We could feel the tension in the air and feel the stares. And it became very uncomfortable because people at the bar were openly just watching which bathroom River was going to go into. And we feared for his safety and our safety.”

Luck continues, “We ended up having to leave and go to a friend’s house so I could use the bathroom and detoured the whole evening plans so I could pee safe.”

Clearly the problem won’t end once HB 2 and other anti-trans laws like it are repealed. The attitudes that brought these policies into being still exist and must be dealt with. But, as Luck attests, there is a definite support system of love and acceptance in North Carolina. He found it in Greensboro as a music teacher at New Garden Friends School, a Quaker school. “They were so open and embraced diversity that I could be an out lesbian,” says Luck.

Greensboro has very distinct pockets of support, which is where a lot of the safe bathrooms appear on the map. But even in places less supportive deeper south, Waggoner notes there are still good friends to be found: “It’s been cool to see some of the small-business owners in some of the more rural towns popping up. Like in Salisbury, North Carolina. It’s really brave of them to do that—to be the first in their town to speak up and say something, and be the first on the map.”

The outpouring of support may be having an effect: University of North Carolina President Margaret Spellings recently gave a statement saying that she would not enforce HB 2 or change any of the school’s current provisions. Spellings did originally plan to enforce HB 2. It wasn’t until U.S. Attorney General Loretta Lynch declared the state in violation of civil rights and threatened to cut up to $4.8 billion in federal funding to the school that Spellings changed her position (and McCrory sued the federal government).

Before Spellings changed her decision, students from various on-campus alliance groups held loud protests outside of buildings in which she was attending meetings, in efforts to sway her judgment. Students at schools across the state affected by the law are making their opposition known.

On a K-12 level, there are organizational efforts through nonprofit Gay-Straight Alliance groups such as Time Out Youth, which offers resources and aid to LGBTQ minors living in inclusive North Carolina and South Carolina school districts. Its website lists student rights, including the rights to gender expression, confidentiality, and respective pronoun usage, as well the right to attend school functions and report on instances of bullying (which state public schools are required by law to deal with).

Luck has spent most of his life traveling against the grain of society’s intolerance–from a misunderstood kid living with his grandparents, to a determined and proud trans man working hard to end the ritual persecution of his fellow person.

Growing up in North Carolina in a conservative Baptist household, Luck remembers being called a “tomboy” and being told “not to act like a boy” as young as 3 years old. Luck attended and was eventually kicked out of a Christian high school for identifying as a “lesbian” (this was before he identified as trans). Luck says he’s been working steadily since he was 13, when his first job was at a Chick-fil-A.

In college, Luck had a psychology professor who taught that homosexuality was a disorder.

“I remember sitting in the class waiting for someone to say something, because I didn’t want to say anything,” Luck says.

After going to the head of the psych department, and then the head of the school, Luck managed to get the homophobic lesson pulled from the syllabus.

“That was a time in my life where I realized if I didn’t say something, no one would. And so I had to. That’s when my activism really started,” Luck says.

Coming to Boston for grad school, Luck found his new home to be much less critical of his outward gender appearance, and found true love in his partner. Luck says Waggoner accepted and supported his transition every step of the way—from coming out (a second time) as transgender, to life-affirming surgeries and ongoing treatments, to his sweeping romantic proposal involving a trip to New York City, a rare Harry Potter book, and a cleverly inserted engagement ring.

Luck and Waggoner hope to expand upon all the ground they’ve covered in North Carolina and take their Safe Bathrooms map to national and international levels.

Luck says he wants to ultimately see the whole state of North Carolina become “a giant roll of toilet paper.”

“We’d [also] love for it to grow to be an international thing, especially given all the anti-LGBT sentiments in other countries. Because we’re everywhere. And everybody needs to have that access,” he says.

The two do have an app in the works to accompany their Safe Bathrooms map, which they hope to give a Yelp-like interface to allow community members to find safe bathrooms on the go, and review and share their own individual bathroom experiences.

All of this work points to a very simple goal: to make it so trans people don’t have to endure daily humiliation exercises to find a toilet that comes with no strings attached.

“The bottom line is … I’m a human being who happens to be trans. But before I would label myself trans, I would say I’m an activist, an actor, a student, an artist, a musician, a good partner, a good relative … All these other qualities that define me that have so much more weight,” says Luck.

To show support for the trans community and be included on the Safe Bathrooms map, visit SafeBathrooms.club.

Commentary Violence

Major League Baseball Has More Work to Do When It Comes to Domestic Violence Charges

Claire Tighe

Major League Baseball's response to charges of domestic violence against Jose Reyes is really just a step in the right direction. The league, its fans, and the media outlets covering it have work to do before there is additional cause to celebrate.

Two weeks ago, the Colorado Rockies Major League Baseball (MLB) team made headlines for designating their shortstop, Jose Reyes, for assignment. The designation for assignment (DFA) means he was removed from their roster, most likely so the Rockies could trade him or release him to the minors.

The decision came after an announcement from MLB in May concluding that Reyes had violated its new Joint Domestic Violence, Sexual Assault, and Child Abuse policy. Reyes was put on leave in February while the league investigated charges that he had allegedly assaulted his wife in a Hawaii hotel the previous October. Though the charges were ultimately dropped, MLB still concluded that he had violated its policy—which allows discipline no matter a case’s legal status—based on the available police reports. Ultimately, Reyes was suspended for 52 games.

Many sports fans and media outlets are celebrating the Rockies’ decision to designate Reyes for assignment, framing it squarely as a moral response to his domestic violence suspension. As a result of the suspension, Reyes ultimately lost a total of $7.02 million for missing 30 percent of the season and is required to donate $100,000 to “charity focused on domestic violence.” Still, the team will owe Reyes $41 million despite the DFA—and that, spectators say, makes the Rockies’ actions worthy of praise. The Denver Post‘s Mark Kiszla, for example, wrote that the Rockies franchise owner, Dick Monfort, deserves a “standing ovation” for taking a “$40M stance against domestic violence” that was “not just financial.” According to Kiszla, “the franchise did right by battered women by showing zero tolerance for physical abuse.”

Yet instead of a purely moral response that deserves “a standing ovation,” the Reyes case is really more of a step in the right direction. If, as Bob Nightengale at USA Today suggested, MLB is setting a precedent by suspending Jose Reyes, the league and the media covering it have work to do before there is additional cause to celebrate.

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

The league could have acted faster and given Reyes a longer, more consequential suspension to show its seriousness in responding to his violation of the policy. In fact, the New York Mets’ recent signing of Reyes, which the team explained as giving him a “second chance,” underscores just how much tolerance for reports of domestic violence truly exists in professional baseball as a whole.

The public excitement about the connection between Reyes’ domestic violence record and his sportsmanship is warranted, albeit overstated. As MLB Commissioner Rob Manfred put it, the league has taken “a firm national and international stance” on domestic violence. Reyes was only the second player to receive a suspension under the new policy, which was approved by the league in August 2015 as a result of the ongoing national conversation about intimate partner abuse in professional sports. His case was the first to be negotiated with the MLB Player’s Association; his was the harshest punishment a player had received at the time.

Even so, while the Rockies’ consideration of Reyes’ charges of domestic abuse in their decision should be appreciated, the DFA should be understood for what it really appears to be overall: based on the team’s response, it was a business decision, not an action on behalf of domestic violence survivors.

“Would we be sitting here talking about this if the domestic violence thing hadn’t happened in Hawaii? We wouldn’t. So it’s obviously part of the overall decision,” said Colorado general manager Jeff Bridich told the New York Times. After all, an incident causing a player to miss a third of the season is enough to make any team pause for consideration.But, as the Times pointed out, there are other reasons that the Rockies were ready to move on, including “never really wanting him in the first place,” the great performance of his replacement during the suspension, and the fact that the franchise had already sunk the costs of bringing Reyes onboard. By the terms of their contract, designating him for assignment was no more expensive than keeping him.

Furthermore, the handling of the Reyes case within the league and the franchise has been mostly professional, but there is still a lingering tone of undue apology toward Reyes—suggesting, again, that the treatment he has received may not be the unilateral condemnation of domestic violence that others have implied.

It begins with Reyes himself, who first apologized “to the Rockies organization, my teammates, all the fans, and most of all my family,” before retweeting Mike Cameron, a former MLB player who said that Reyes just had a “bad moment in life” and deserved forgiveness for committing physical violence against his wife.

Commissioner Manfred walked a thin line in a news conference in November just after the Hawaii incident, stating his interest in maintaining Reyes’ privacy despite the charges against him. “There’s a balance there,” he said. “On the one hand, I think our fans want to know that the case has been dealt with appropriately. On the other hand, whoever the player is, the fact that he’s a major league player doesn’t mean he has absolutely no right to privacy and or that everything in the context of a relationship or a marriage has to be public.”

While domestic violence can happen “behind closed doors,” that does not mean it is an issue of one’s personal privacy. As Bethany P. Withers has argued for the New York Times, there may not be public witnesses to abuse occurring between partners, but we should not ignore professional athletes who are charged with committing acts of domestic violence. Manfred’s comments, as well as Cameron’s, minimize Reyes’ Hawaii incident into “a lovers’ quarrel,” rather than a report of an abusive act of behavior that most likely exposes an ongoing pattern.

Rockies Franchise owner Dick Monfort’s comments were better, though not ideal. In April he told the Associated Press, “I’d like to know exactly what happened. It’s easy for us all to speculate on what happened. But really, until you really know, it’s hard. You’re dealing with a guy’s life, too.” Monfort, while expressing understandable concern for this player, sounds apologetic to Reyes, rather than the woman he was charged with abusing.

Sympathizing with Reyes in this matter, while he may be sorry for reportedly committing actions that had visible consequences, centers the experience of an abuser in a culture that silences, blames, shames, and erases survivors of domestic violence and perpetuates abusive behavior.

Much of the media, meanwhile, has taken action either to diminish Reyes’ alleged crimes or dismiss them completely. The Post‘s Kiszla, for example, was plain encouraging of Reyes, for whom he “hoped nothing but the best, if his wife had forgiven him.” His uninformed commentary shows utter lack of understanding of domestic violence and what Katherine Reyes might be experiencing in deciding to “not cooperate with the prosecutors” on the case. Fox News was similarly insensitive. At the very least, the media can provide a short explanation as to what domestic violence is and why victims may be reluctant to work with police and the criminal justice system in the first place. The “inaction, hostility, and bias” they might face, as the American Civil Liberties Union put it, is real. And their personal fear of consequences are legitimate.

Nightengale of USA Today had a particularly awful response, explicitly sympathizing with Reyes, saying “that one ugly night in Hawaii cost Reyes his pride and his job.” Except that domestic violence, a cycle of power and control, is hardly ever just “one ugly night.”

Furthermore, incidents of reported domestic violence need to be named as such. In the coverage of Reyes’ charges in Hawaii, the media failed to do so. Though ESPN reported Reyes had been arrested on abuse charges, it still said Reyes had “an argument with his wife [that] turned physical.” The Chicago Tribune labeled it as “an altercation.” The Tribune was also inaccurate in reporting that Reyes ‘choked’ his wife, when the it was actually strangulation. Technically, choking by definition is when the airway is blocked internally. Strangulation, however, is the act of blocking the passage of air through the external use of force. While the difference is subtle—in fact, the police report itself logged the action as “choking”—the ramifications are large. Describing the act as an expression of dominance signals to the public that acts of violence have perpetrators. It also gives detailed meaning to “domestic violence,” an all-encompassing phrase whose intricacies are not widely understood.

While it may seem petty to be picking over semantics, accurate framing is the difference between two partners having a disagreement and one partner committing threatening acts of violence against another in a cyclical power dynamic. It’s the difference between public acceptance of horrific behavior and public recognition of unhealthy, unacceptable relationship dynamics.

The focus on costs to Reyes and the Rockies should also be reframed. If we really want to talk big money, we should consider the exorbitant shared cost of domestic violence on all of our systems, both public and private. Domestic violence is “a serious, preventable public health problem.” The epidemic is estimated to cost $8.3 billion annually to the economy due to its effect on survivors’ physical and emotional health, as well as their workplace productivity. Because domestic violence is so widely underreported, this estimate is even a conservative one. It also does not encompass the cost to child survivors and the trauma inherited by future generations. Understanding the ridiculously high costs of domestic violence centers the long-lasting effects of an epidemic on survivors and our society as a whole, rather than the cost to a singular MLB player or team.

Wholly shifting the narrative is vital in Reyes’ case and in the cases of other players disciplined under MLB’s new policy. It is up to the public to connect the dots between all of the players and teams to understand the wide scale and scope of MLB’s domestic violence problem. The Mets’ quick re-signing of Reyes as a “second chance” to the player is a reminder of many teams’ true priorities.

Though the new MLB policy appears to be comprehensive and informed by experts, the league, the teams, and the media haven’t quite perfected their responses. With regard to MLB’s process and ultimate decision, critics are saying the league should act faster and make longer, more consequential suspensions in the future. If Commissioner Manfred is really going to give weight to charges of domestic violence, a quicker, more punitive response to charges like Reyes’ is a good way to start. There is also significant work to be done in the public relations and media responses to domestic violence in the League overall.

Five years ago, there was very little talk about domestic violence in professional sports, let alone in Major League Baseball. Almost ten years ago, it was a big joke. Until 2016, MLB had never suspended a player for domestic violence. It’s becoming clearer and clearer to the public that domestic violence pervades every arena, from professional sports to entertainment. There has been an explosion of coverage on the topic in relation to the National Football League, college campusesHollywood, theater, and the music industry. Domestic violence in Major League Baseball, in professional sports, and in our culture is a much larger problem than one suspension can solve. It’s up to us to see that domestic violence is not just the concern of a singular player, team, sport, or profession. We all have a domestic violence problem. Together we can solve it.