The U.S. Department of Education announced  today that its Office for Civil Rights (OCR) has reached a settlement with Erie  Community College in Buffalo, New York, to resolve issues of women’s access to  athletic opportunities at the institution.

The voluntary resolution agreement ends OCR’s  investigation of a complaint alleging that the college discriminated on the  basis of sex in its intercollegiate athletics program by failing to fully and  effectively accommodate the athletic interests and abilities of female students  to the extent necessary to provide equal opportunities to members of both  sexes.

“I applaud Erie Community College’s ongoing  efforts to provide male and female students with an equal opportunity to  participate in the college’s intercollegiate athletic program,” said Catherine  Lhamon, assistant secretary for civil rights.   “This agreement demonstrates the college’s strong commitment to its  students.”

OCR's investigation revealed that over the  years participation opportunities for female students were never substantially proportionate  to their enrollments in the college.   Specifically, 

- During  academic year 2013-2014, female students represented 48.39 percent of the  enrollment and 33.08 percent of the actual athletes; 
- During  academic year 2012-2013, female students represented 49.69 percent of the  enrollment and 28.96 percent of the actual athletes; and 
- During  academic year 2011-2012, female students represented 50.23 percent of the  student enrollment and 34.30 percent of the actual athletes. 

OCR also determined that although the college  has increased the number of women’s sports since creating the women’s athletics  program in the early 1970s, it has also added several men’s sports and cut  several sports, including five women’s sports.   Therefore, OCR could not conclude that the college has a history of  program expansion that is demonstrably responsive to the developing interests  and abilities of the underrepresented sex.

Before OCR had completed its investigation,  the college asked to resolve the complaint and on March 3, entered into a  resolution agreement.

 As part of the agreement, the college will  take important steps to evaluate its female students’ and admitted students’  interests and abilities in potential sports, squads, and levels of sports that the  college might add.  And, it will  implement a nondiscriminatory policy or procedure for requesting the addition  of sports (including the elevation of intramural teams) and ensuring the  effective communication of the policy or procedure to students and others.

In addition, beginning with academic year  2016-2017, if the college identifies a sport or sports in which there is  sufficient but unmet interest, and if applicable, ability of female students to  participate at the intercollegiate level, the college will add athletics  opportunities until such time as either:

- The  school is fully and effectively accommodating the expressed interests and  abilities of female students (i.e., there remains no unmet interest and  ability), or 
- The  participation rate for female students in intercollegiate athletics program is  substantially proportionate to their rate of enrollment.  

The college also agreed to conduct periodic  assessments of the athletics interests and abilities of its students in  subsequent years to ensure it is equally and effectively accommodating the  athletic interests and abilities of its male and female students consistent  with Title IX and its implementing regulation.

Read the Resolution Letter PDF (301.09K) | Read the Resolution Agreement PDF (202.17K)

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