### OFFICE OF THE ASSISTANT SECRETARY

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|  |  | More ResourcesDear Colleague Letter PDF (4.2M)Q's & A's |  |  |
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April 20, 2010

Dear Colleague:

Title IX of the Education Amendments of 19721 (Title  IX) prohibits discrimination on the basis of sex in education programs and  activities by recipients of Federal financial assistance, which include schools,  colleges and universities.  Since its passage, Title IX has dramatically increased  academic, athletic and employment opportunities for women and girls.  Title  IX stands for the proposition that equality of opportunity in America is notrhetoric, but rather a guiding principle.

Although there has been indisputable progress since Title IX was enacted,  notably in interscholastic and intercollegiate athletic programs, sex discrimination  unfortunately continues to exist in many education programs and activities.   I am committed to the vigorous enforcement of Title IX to resolve this discrimination  and to provide clear policy guidance to assist a recipient institution (institution)  in making the promise of Title IX a reality for all. 

To that end, on behalf of the Office for Civil Rights (OCR) of the U.S. Department  of Education (Department), it is my pleasure to provide you with this “Intercollegiate  Athletics Policy Clarification:  The Three-Part Test – Part Three.”  With this  letter, the Department is withdrawing the “Additional Clarification of Intercollegiate  Athletics Policy:  Three Part Test – Part Three” (2005 Additional Clarification)  and all related documents accompanying it, including the “User’s Guide to Student  Interest Surveys under Title IX” (User’s Guide) and related technical report,  that were issued by the Department on March 17, 2005.

OCR enforces Title IX and its implementing regulation.2   The regulation contains specific provisions governing athletic programs3 and  the awarding of athletic scholarships.4   Specifically, the Title IX regulation provides that if an institution operates  or sponsors an athletic program, it must provide equal athletic opportunities  for members of both sexes.5   In determining whether equal athletic opportunities are available, the regulation  requires OCR to consider whether an institution is effectively accommodating  the athletic interests and abilities of students of both sexes.6

1 20U.S.C. § 1681 et seq.

2 34  C.F.R. Part 106.

3 34  C.F.R. § 106.41.

4 34  C.F.R. § 106.37(c).

5 34  C.F.R. § 106.41(c).

6 34  C.F.R. § 106.41(c)(1).  The Title IX regulation at 34 C.F.R. § 106.41(c)  provides that OCR also will consider other factors when determining whether  equal athletic opportunity is available at an institution.  This Dear Colleague  letter only addresses the regulatory requirement, at 34 C.F.R. § 106.41(c)(1),  to effectively accommodate interests and abilities.

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The “Intercollegiate Athletics Policy Interpretation”7 (1979  Policy Interpretation), published on December 11, 1979, provides additional  guidance on the Title IX intercollegiate athletic regulatory requirements.8   The 1979 Policy Interpretation sets out a three-part test that OCR uses to  assess whether an institution is effectively accommodating the athletic interests  and abilities of its students to the extent necessary to provide equal athletic  opportunity.9   On January 16, 1996, OCR issued the “Clarification of Intercollegiate Athletics  Policy Guidance: The Three-Part Test” (1996 Clarification) to provide additional  clarification on all parts of the three-part test, including the specific factors  that OCR uses to evaluate compliance under the third part of the three-parttest (Part Three).10

In 2005, OCR issued the Additional Clarification regarding application of  the indicators in the 1996 Clarification that guided OCR’s analysis of Part  Three.  The accompanying User’s Guide included a prototype survey instrument  (model survey) that institutions could use to measure student interest in participating  in intercollegiate athletics and included specific guidance on its implementation.   The Additional Clarification and User’s Guide changed OCR’s approach from  an analysis of multiple indicators to a reliance on a single survey instrument  to demonstrate that an institution is accommodating student interests and abilities  in compliance with Part Three.  After careful review, OCR has determined that  the 2005 Additional Clarification and the User’s Guide are inconsistent with  the nondiscriminatory methods of assessment set forth in the 1979 Policy Interpretation  and the 1996 Clarification and do not provide the appropriate and necessary  clarity regarding nondiscriminatory assessment methods, including surveys,  under Part Three.  Accordingly, the Department is withdrawing the 2005 Additional  Clarification and User’s Guide, including the model survey.  All other Department  policies on Part Three remain in effect and provide the applicable standards  for evaluating Part Three compliance.  

7 44***Fed.**Reg.***71413          (1979).  The 1979 Policy Interpretation was published by the former          Department of Health, Education, and Welfare, and was adopted by the          Department of Education when it was established in 1980.

8 Although the 1979 Policy Interpretation is designed for intercollegiate athletics,          its general principles, and those of this letter, often will apply          to interscholastic, club, and intramural athletic programs.  44 Fed.Reg*.* at          71413.  Furthermore, the Title IX regulation requires institutions          to provide equal athletic opportunities in intercollegiate, interscholastic,          club, and intramural athletics.  34 C.F.R. § 106.41(c).

9 As discussed in the 1979 Policy Interpretation, OCR also considers the quality of          competitive opportunities offered to members of both sexes in determining          whether an institution effectively accommodates the athletic interests          and abilities of its students.  44 Fed.Reg. at 71418. 

10 OCR’s “Further Clarification of Intercollegiate Athletics Policy Guidance Regarding          Title IX Compliance,” which was issued as a Dear Colleague letter on          July 11, 2003, also reincorporated the 1996 Clarification’s broad range          of specific factors and illustrative examples.  

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on, the multiple indicators discussed in the 1996 Clarification that guide  OCR’s analysis of whether institutions are in compliance with Part Three, as  well as the nondiscriminatory implementation of a survey as one assessmenttechnique.

**The Three-Part Test**

As discussed above, OCR uses the three-part test to determine whether an institution  is providing nondiscriminatory athletic participation opportunities in compliance  with the Title IX regulation.  The test provides the following three compliance  options:

- Whether intercollegiate level participation opportunities for male and    female students are provided in numbers substantially proportionate to their    respective enrollments; or    
- Where the members of one sex have been and are underrepresented among intercollegiate    athletes, whether the institution can show a history and continuing practice    of program expansion which is demonstrably responsive to the developing interests    and abilities of the members of that sex; or    
- Where the members of one sex are underrepresented among intercollegiate    athletes, and the institution cannot show a history and continuing practice    of program expansion, as described above, whether it can be demonstrated    that the interests and abilities of the members of that sex have been fully    and effectively accommodated by the present program.  11

The three-part test is intended to allow institutions to maintain flexibility  and control over their athletic programs consistent with Title IX’s nondiscrimination  requirements.  As stated in the 1996 Clarification, “[T]he three-part test  furnishes an institution with three individual avenues to choose from when  determining how it will provide individuals of each sex with nondiscriminatory  opportunities to participate in intercollegiate athletics.  If an institution  has met any part of the three-part test, OCR will determine that the institution  is meeting this requirement.” 

**Part Three of the Three-Part Test — Fully and Effectively Accommodating      the Interests and Abilities of the Underrepresented Sex**

11 44 *Fed.**Reg.* at      71418. 

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the underrepresented sex are fully and effectively accommodated.  This letter  provides information that guides OCR in its evaluation of compliance with Part  Three and the nondiscriminatory implementation of assessments of students’athletic interests and abilities under it.

Under Part Three, the focus is on full and effective accommodation of the  interests and abilities of the institution’s students who are members of the  underrepresented sex — including students who are admitted to the institution  though not yet enrolled.12   As stated in the 1996 Clarification, and as further discussed below, in determining  compliance with Part Three, OCR considers all of the following three questions: 

- Is there unmet interest in a particular sport?  
- Is there sufficient ability to sustain a team in the sport?   
- Is there a reasonable expectation of competition for the team?  

If the answer to all three questions is “Yes,” OCR will find that an institution  is not fully and effectively accommodating the interests and abilities of the  underrepresented sex and therefore is not in compliance with Part Three. 

Unmet Interest and Ability — OCR Evaluation Criteria 

In determining whether an institution has unmet interest and ability to support  an intercollegiate team in a particular sport, OCR evaluates a broad range  of indicators, including:

- whether an institution uses nondiscriminatory methods of assessment when    determining the athletic interests and abilities of its students;  
- whether a viable team for the underrepresented sex recently was eliminated;  
- multiple indicators of interest; 
- multiple indicators of ability; and 
- frequency of conducting assessments.  

Each of these five criteria is described below.  Following the discussion  of these criteria, this section provides technical assistance recommendations  for effective assessment procedures and the nondiscriminatory implementation  of a survey as one component of assessing the interests and abilities of students  of the underrepresented sex.  This section concludes with a discussion of the  multiple indicators OCR evaluates to determine whether there are a sufficient  number of students with unmet interest and ability to sustain a new intercollegiate  team. 

12 OCR   examines an institution's recruitment practices under another part of the   1979 Policy Interpretation.  See 44***Fed.**Reg.*** at    71417.  Accordingly, where an institution recruits potential student athletes    for its men's teams, it must ensure that its women's teams are provided with    substantially equal opportunities to recruit potential student athletes.

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      Nondiscriminatory Methods of Assessment

Under Part Three, OCR evaluates whether an institution uses processes and  methods for assessing the athletic interests and abilities of its students  of the underrepresented sex that are consistent with the nondiscrimination  standards set forth in the 1979 Policy Interpretation.  The 1979 Policy Interpretation  states that institutions may determine the athletic interests and abilities  of students by nondiscriminatory methods of their choosing provided:

- The processes take into account the nationally increasing levels of women's    interests and abilities;   
- The methods of determining interest and ability do not disadvantage the    members of an underrepresented sex;   
- The methods of determining ability take into account team performance records;    and   
- The methods are responsive to the expressed interests of students capable   of intercollegiate competition who are members of an underrepresented sex.  13   

An institution should document its assessment of students’ interests and abilities.

      Assessments Not Used To Eliminate Viable Teams

As discussed in the 1996 Clarification, if an institution recently has eliminated  a viable team for the underrepresented sex from the intercollegiate athletics  program, OCR will find that there is sufficient interest, ability, and available  competition to sustain an intercollegiate team in that sport and thus there  would be a presumption that the institution is**** not in compliance  with Part Three.  This presumption can be overcome if the institution can provide  strong evidence that interest, ability, or competition no longer exists.****

Accordingly, ****OCR does not consider the failure by students  to express interest during a survey under Part Three as evidence sufficient  to justify the elimination of a current and viable intercollegiate team for  the underrepresented sex.  In other words, students participating on a viable  intercollegiate team have expressed interest by active participation, and OCR  does not use survey results to nullify that expressed interest.

      Multiple Indicators Evaluated      to Assess Interest

OCR considers a broad range of indicators to assess whether there is unmet athleticinterest among the underrepresented sex.  These indicators guide OCR in determiningwhether the institution has measured the interests of students of the underrepresentedsex using nondiscriminatory methods consistent with the 1979 Policy Interpretation. As discussed in the

13 44 Fed.Reg. at      71417. 

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1996 Clarification, OCR evaluates the interests of the underrepresented sex  by examining the following list of non-exhaustive indicators: 

- requests by students and admitted students that a particular sport be added; 
- requests for the elevation of an existing club sport to intercollegiate    status; 
- participation in club or intramural sports; 
- interviews with students, admitted students, coaches, administrators and    others regarding interests in particular sports; 
- results of surveys or questionnaires of students and admitted students    regarding interests in particular sports;  14 
- participation in interscholastic sports by admitted students; and 
- participation rates in sports in high schools, amateur athletic associations,    and community sports leagues that operate in areas from which the institution    draws its students.  15

In accordance with the 1996 Clarification, OCR also will consider the likely  interest16 of the  underrepresented sex by looking at participation in intercollegiate sports  in the institution’s normal competitive regions. 

      Multiple Indicators Evaluated to Assess Ability

As discussed in the 1996 Clarification, OCR considers a range of indicators  to assess whether there is sufficient ability among interested students of  the underrepresented sex to sustain a team in the sport.  When making this  determination, OCR examines indicators such as: 

- the athletic experience and accomplishments — in interscholastic, club    or intramural competition — of underrepresented students and admitted students    interested in playing the sport; 

14 OCR evaluates      all of the indicators discussed here so OCR does not consider survey results      alone as sufficient evidence of lack of interest under Part Three.

15 As discussed      in the 1996 Clarification, this indicator may be helpful to OCR in ascertaining likely interest      of an institution’s students and admitted students in particular sports,      especially in the absence of more direct indicia.  However, in conducting      its investigations, OCR determines whether an institution is meeting the actual interests      and abilities of its students and admitted students.       An institution’s evaluation should take into account sports played in the      high schools and communities from which it draws its students, both as      an indication of possible interest at the institution, and to permit the      institution to plan to meet the interests of admitted students of the underrepresented      sex.  For example, if OCR's investigation finds that a substantial number      of high schools from the relevant region offer a particular sport that      the institution does not offer for the underrepresented sex, OCR will ask      the institution to provide a basis for any assertion that its students      and admitted students are not interested in playing that sport.  OCR also      may interview students, admitted students, coaches, and others regarding      interest in that sport.

16See Footnote      15 above.

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- opinions of coaches, administrators, and athletes at the institution regarding    whether interested students and admitted students have the potential to sustain    an intercollegiate team; and
- if the team has previously competed at the club or intramural level, whether    the competitive experience of the team indicates that it has the potential    to sustain an intercollegiate team. 

Additionally, because OCR recognizes that students may have a broad range  of athletic experiences and abilities, OCR also examines other indications  of ability such as:

- participation in other sports, intercollegiate, interscholastic or otherwise,    that may demonstrate skills or abilities that are fundamental to the particular    sport being considered; and 
- tryouts or other direct observations of participation in the particular    sport in which there is interest.

As the 1996 Clarification indicated, neither a poor competitive record, nor  the inability of interested students or admitted students to play at the same  level of competition engaged in by the institution's other athletes, is conclusive  evidence of lack of ability.  For the purposes of assessing ability, it is  sufficient that interested students and admitted students have the potential  to sustain an intercollegiate team.  

      Frequency of Assessments

As discussed in the 1996 Clarification, OCR evaluates whether an institution  assesses interest and ability periodically so that the institution can identify  in a timely and responsive manner any developing interests and abilities of  the underrepresented sex.  There are several factors OCR considers when determining  the rate of frequency for conducting an assessment.  These factors include,  but are not limited to: 

- the degree to which the previous assessment captured the interests and    abilities of the institution’s students and admitted students of the underrepresented    sex; 
- changes in demographics or student population at the institution;  17  and 
- whether there have been complaints from the underrepresented sex with regard    to a lack of athletic opportunities or requests for the addition of new teams.  

Further, OCR will consider whether an institution conducts more frequent assessments  if a previous assessment detected levels of student interest and ability in  any sport that were close to the minimum number of players required to sustain  a team.

17 For example, in    a typical four-year institution, the student body population will change    substantially each year, by approximately 25 percent annually. 

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      Effective Procedures for Evaluating Requests to Add Teams and Assessing      Participation

An institution has a continuing obligation to comply with Title IX’s nondiscrimination  requirements; thus, OCR recommends that institutions have effective ongoing  procedures for collecting, maintaining, and analyzing information on the interests  and abilities of students of the underrepresented sex, including easily understood  policies and procedures for receiving and responding to requests for additional  teams, and wide dissemination of such policies and procedures to existing and  newly admitted students, as well as to coaches and other employees. 

OCR also recommends that institutions develop procedures for, and maintain  documentation from, routine monitoring of participation of the underrepresented  sex in club and intramural sports as part of their assessment of student interests  and abilities.  OCR further recommends that institutions develop procedures  for, and maintain documentation from, evaluations of the participation of the  underrepresented sex in high school athletic programs, amateur athletic associations,  and community sports leagues that operate in areas from which the institution  draws its students. This is the type of documentation that may be needed in  order for an institution to demonstrate that it is assessing interests and  abilities in compliance with Part Three.  

The Title IX regulation requires institutions to designate at least one employee  to coordinate their efforts to comply with and carry out their Title IX responsibilities.18   Therefore, institutions may wish to consider whether the monitoring and documentation  of participation in club, intramural, and interscholastic sports and the processing  of requests for the addition or elevation of athletic teams should be part  of the responsibilities of their Title IX coordinators in conjunction with  their athletic departments.  Another option an institution may wish to consider  is to create a Title IX committee to carry out these functions.  If an institution  chooses to form such a committee, it should include the Title IX coordinator  as part of the committee and provide appropriate training on the Title IX requirements  for committee members.   

      Survey May Assist in Capturing Information on      Students’ Interests and Abilities

As discussed in the 1996 Clarification, institutions may use a variety of  techniques to identify students’ interests and abilities.  OCR recognizes that  a properly designed and implemented survey is one tool that can assist an institution  in capturing information on students’ interests and abilities.  OCR evaluates  a survey as one component of an institution’s overall assessment under Part  Three and will not accept an institution’s reliance on a survey alone, regardless  of the response rate, to determine whether it is fully and effectively accommodating  the interests and abilities of its underrepresented students.  If an institution  conducts a survey as part of its assessment, OCR examines the content, implementation  and response rates of the survey, as well as an institution’s other methods  of measuring interest and ability.

18 34 C.F.R. § 106.8(a). 

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Under Part Three, OCR evaluates the overall weight it will accord the conclusions  drawn by an institution from the results of a survey by examining the followingfactors, among others: 

- content of the survey; 
- target population surveyed; 
- response rates and treatment of non-responses;
- confidentiality protections; and 
- frequency of conducting the survey.

OCR also considers whether a survey is implemented in such a way as to maximize  the possibility of obtaining accurate information and facilitating responses. A properly designed survey should effectively capture information on interest and ability19 across  multiple sports, without complicating responses with superfluous or confusing  questions. 

OCR has not endorsed or sanctioned any particular survey; however, for technical  assistance purposes, this letter contains information that an institution may  wish to consider in developing its own survey.

      - Content of the Survey   
      - Purpose

To ensure students understand the importance of responding to the survey,  OCR evaluates whether a survey clearly states its purpose. For technical assistance  purposes, an example of a purpose statement might be: 

**Purpose:** This data collection is being conducted for evaluation,  research, and planning purposes and may be used along with other information  to determine whether [Institution] is effectively accommodating the athletic  interests and abilities of its students, including whether to add additional  teams. 

        - Collect information regarding all sports

In addition, OCR evaluates whether the survey lists all sports for the underrepresentedsex recognized by the three primary national intercollegiate athletic associations,20 andcontains an open-ended inquiry for other sports to allow students to write inany sports that are not

19 Experience      in sports generally is one indicator of ability.

20 These   associations are the National Collegiate Athletic Association, the National   Association of Intercollegiate Athletics, and the National Junior College   Athletic Association. A current list of these sports for both sexes is: baseball,   basketball, bowling, cross country, fencing, field hockey, football, golf,   gymnastics, ice hockey, lacrosse, rifle, rowing, skiing, soccer, softball,   swimming and diving, tennis, indoor track and field, outdoor track and field, volleyball, water polo, and wrestling.

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listed.21 OCR considers whether the survey allows students to identify their interest in future or current participation in all of the sports they identify and general athletic experience. OCR also considers whether the survey allows students to provide additional information or comments about their interest, experience,and ability. For technical assistance purposes, the types of questions an institution could ask regarding interest in future participation, current participation, and prior athletic experience might be: **See link**

        - Contact Information

OCR also looks at whether an institution requests contact information, to  allow the institution to follow-up with students who wish to be contacted regarding  their interests and abilities. 

      - Target Population Surveyed   

OCR considers the target population surveyed at the institution. Under PartThree, OCR evaluates whether the survey is administered as a census to all full-timeundergraduate

21 An open-ended      inquiry for other sports should be prominent or otherwise readily visible      and contain a line or other mechanism for students to write in the sport      for which they wish to express interest and ability.

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students of the underrepresented sex and admitted students of the underrepresented  sex.23  Using a  census of all students can avoid several issues associated with sample surveys  including, but not limited to:  selection of the sampling mechanism, selection  of the sample size, calculation of sampling error, and using sample estimates.   If an institution intends to administer a survey to a sample population to  gauge an estimate of interests and abilities, the larger the sample, the moreweight OCR will accord the estimate.

      - Responses:  Rates and Treatment of Non-Responses  

OCR evaluates whether the survey is administered in a manner designed to generate  high response rates and how institutions treat responses and non-responses. 

OCR looks at whether institutions provide the survey in a context that encourages  high response rates, and whether institutions widely publicize the survey;  give students, including those participating in club or intramural sports,  advance notice of the survey; and provide students adequate time to respond.   Generally, OCR accords more weight to a survey with a higher response rate  than a survey with a lower response rate, and institutions may want to distribute  the survey through multiple mechanisms to increase the response rate.  

For example, for enrolled students, an institution may want to administer  the survey as part of a mandatory activity, such as during course registration.   If administered as part of a mandatory activity, students also should have  the option of completing the survey at a later date in order to ensure that  they have adequate time to respond.  Students who indicate that they wish to  complete the survey at a later time should be given the opportunity to provide  their contact information to enable the institution to take steps to ensure  that they complete the survey.  An institution should follow-up with those  students who indicate that they wish to respond in the future.  

An institution also may choose to send an email to the entire target population  that includes a link to the survey.  If an institution’s assessment process  includes email, OCR considers whether the institution takes appropriate cautionary  measures, such as ensuring that it has accurate email addresses and that the  target population has access to email.24   OCR also expects institutions to take additional steps to follow-up with those  who do not respond, including sending widely publicized reminder notices.  

If institutions administer the survey through a web-based distribution system,  students who indicate that they have no current interest25 in  athletic participation should be asked to confirm their lack of interest beforethey exit the system.  If response rates using the methods described

23 For example,      institutions may distribute surveys to all admitted students of the underrepresented      sex with acceptance letters.

24 OCR also evaluates      whether the survey is administered in a manner designed to ensure the accurate      identity of the respondent and to protect against multiple responses by      the same individual. 

25 Students may      have, or may be unaware of whether they will have, a future interest in      athletic participation.

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above are low, an institution should consider administering the survey inanother manner to obtain higher response rates.  

OCR does not consider non-responses to surveys as evidence of lack of interest  or ability in athletics.  As discussed above, regardless of whether students  respond to a survey, OCR also evaluates whether students’ interest and abilities  are assessed using the multiple indicators described above.

      - Confidentiality Protections  

OCR also looks at whether institutions notify students that all responses  as well as any personally identifiable information they provide will be kept  confidential, although the aggregate survey information will be shared with  athletic directors, coaches, and other staff, as appropriate.  When requesting  any personal or personally identifiable data, protecting the respondents’ confidentiality  helps to ensure that institutions obtain high-quality data and high response  rates.  If a student has expressed interest in being contacted when responding  to the survey, an institution should continue to maintain the student’s confidentiality  except to the extent needed to follow-up with the student. 

      - Frequency of Conducting the Survey  

As discussed above, OCR evaluates whether an institution periodically conducts  an assessment of interest and abilities.  In addition to the factors OCR considers  when determining the rate of frequency for conducting an assessment, OCR also  will consider factors such as the size of the previously assessed survey population  and the rate of response to the immediately preceding survey(s) conducted by  the institution, if any. 

      Multiple Indicators Evaluated to Assess Sufficient Number of Interested and Able Students to Sustain a Team

Under Part Three, institutions are not required to create an intercollegiate  team or elevate a club team to intercollegiate status unless there are a sufficient  number of interested and able students to sustain a team.  When OCR evaluates  whether there are a sufficient number of students, OCR considers such indicators  as the:

- minimum number of participants needed for a particular sport;
- opinions of athletic directors and coaches concerning the abilities required    to field an intercollegiate team; and
- size of a team in a particular sport at institutions in the governing athletic    association or conference to which the institution belongs or in the institution’s    competitive regions.

When evaluating the minimum number of athletes needed, OCR may consider factorssuch as the:

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- rate of substitutions necessitated by factors such as length of competitions,    intensity of play, or injury;
- variety of skill sets required for competition; and
- minimum number of athletes needed to conduct effective practices for skill    development.

Reasonable Expectation of Competition — OCR Evaluation Criteria 

Lastly, as indicated in the 1996 Clarification, OCR evaluates whether there  is a reasonable expectation of intercollegiate competition for the team in  the institution’s normal competitive regions.  In evaluating available competition,  OCR considers available competitive opportunities in the geographic area in  which the institution’s athletes primarily compete, including: 

- competitive opportunities offered by other schools against which the institution    competes; and 
- competitive opportunities offered by other schools in the institution's    geographic area, including those offered by schools against which the institution    does not now compete.  26

If the information or documentation compiled by the institution during the  assessment process shows that there is sufficient interest and ability to support  a new intercollegiate team and a reasonable expectation of intercollegiate  competition in the institution’s normal competitive region for the team, the  institution is under an obligation to create an intercollegiate team within  a reasonable period of time in order to comply with Part Three.******Conclusion**

The three-part test gives institutions flexibility and affords them control  over their athletics programs.  This flexibility, however, must be used consistent  with Title IX’s nondiscrimination requirements.  OCR will continue to work  with institutions to assist them in finding ways to   address their particular circumstances and comply with Title IX.  For technical  assistance, please contact the OCR enforcement office that serves your area,  found at http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm.

 

|   | Sincerely,                                   |
|--------|----------------------------------------------|
|   |                                         |
|   | Russlynn Ali                                 |
|   | Assistant Secretary        for  Civil Rights |

26 Under the 1979    Policy Interpretation, an institution also may be required to actively encourage    the development of intercollegiate competition for a sport for members of    the underrepresented sex when overall athletic opportunities within its competitive    region have been historically limited for members of that sex.  44 Fed.Reg. at    71418.   Last Modified: 01/10/2020