Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 4 - EQUAL EDUCATIONAL OPPORTUNITY › Section 348-4-11 - ATHLETICS

Current through 2024-29, July 17, 2024
A. General
No person shall, on the basis of sex, be excluded from
				  participation in, be denied the benefits of, be treated differently from
				  another person or otherwise be discriminated against in any interscholastic,
				  intercollegiate, club or intramural athletics offered by an educational
				  institution.
B. Equal
				Opportunity
An educational institution which sponsors or participates in
				  interscholastic, intercollegiate, club or intramural athletics shall provide an
				  overall equal athletic opportunity for both sexes.
To provide equal opportunity in these programs, an
				  institution must select sports and levels of competition which effectively
				  accommodate the interests and abilities of both sexes and provide equal
				  opportunities on a seasonal basis.
This section does not require all teams to be integrated or
				  the provision of identical sports for both sexes.
In determining whether equal opportunities are available in
				  athletics programs, the Commission shall consider whether the following are
				  substantially equal:
* The provision of equipment and supplies;
* Scheduling of games and practice time;
* Travel and per diem allowance;
* Opportunity to receive coaching and academic
				  tutoring;
* Assignment of coaches, tutors and officials;
* Provision of locker rooms, practice and competitive
				  facilities;
* Provision of medical and training machine facilities and
				  services;
* Provision of housing and dining facilities and
				  services;
* Provision of supportive services and benefits, including
				  publicity, band and cheerleading support sponsored by the educational
				  institution.
Unequal aggregate expenditures for members of each sex or
				  unequal expenditures for male and female teams if an educational institution
				  operates or sponsors separate teams will not constitute per se noncompliance
				  with this section, but the Commission may consider the failure to provide
				  necessary funds for teams of one sex in assessing general equality of
				  opportunity.
C. Single-Sex
				Teams
An educational institution may sponsor single-sex team in
				  interscholastic or inter-collegiate athletics competitions in the following
				  instances:
(1) The institution
				sponsors a team for each sex in the same sport.
(2) The sport is boxing.
(3) The educational institution establishes
				one team in a sport and, as a result of athletic competition for places on the
				team, or the lack of interest of students, only the members of one sex become
				members of the team.
In such a case, the educational institution must provide
				  equal opportunity in athletics by sponsoring a team in another sport which
				  effectively accommodates the interests and abilities of the opposite
				  sex.
(4) The educational
				institution establishes a single sex team in one or more sports in order to
				accommodate effectively the interests and abilities of one sex and to increase
				the general opportunities for participation by that sex.
This may be done where competition open to both sexes has or
				  will likely result in an overall lessening of equal opportunities in athletics
				  for one sex.