STUDENT ACTIVITIES

Discrimination on

the Basis of

Disability

In providing physical education courses and athletics and similar aid, benefits, or services to any of its students, a recipient to which 34 C.F.R. Part 104, Subpart E, applies, including a college district, may not discriminate on the basis of disability. A recipient that offers physical education courses or operates or sponsors intercollegiate, club, or intramural athletics shall provide to qualified students with disabilities an equal opportunity for participation in these activities.

A recipient may offer to students with disabilities physical education and athletic activities that are separate or different only if separation or differentiation is consistent with the requirements of offering the most integrated setting appropriate and only if no qualified student with disabilities is denied the opportunity to compete for teams or to participate in courses that are not separate or different.

34 C.F.R. 104.43(d), .47(a)

Discrimination on

the Basis of Sex

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 a recipient of federal funding, and no recipient shall provide any such athletics

separately on such basis.

Notwithstanding the requirements above, a recipient may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a recipient operates or sponsors a team in a particular sport for members of one sex but operates or sponsors no such team for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try-out for the team offered unless the sport involved is a contact sport. For the purposes of this part, contact sports include boxing, wrestling, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact.

A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics shall provide equal athletic opportunity for members of both sexes. In determining whether equal opportunities are available, the U.S. Department of Education Office of Civil Rights (OCR) will consider, among other factors:

1. Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes;

2. The provision of equipment and supplies;

3. Scheduling of games and practice time;

4. Travel and per diem allowance;

5. Opportunity to receive coaching and academic tutoring;

6. Assignment and compensation of coaches and tutors;

7. Provision of locker rooms, practice, and competitive facilities;

8. Provision of medical and training facilities and services;

9. Provision of housing and dining facilities and services; and

10. Publicity.

Unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if a recipient operates or sponsors separate teams will not constitute noncompliance with this section, but OCR may consider the failure to provide necessary funds for teams for one sex in assessing equality of opportunity for members of each sex.

34 C.F.R. 106.41

Participation

An intercollegiate athletic team sponsored or authorized by an institution of higher education, including a college district, may not allow:

1. A student to compete on the team in an intercollegiate athletic competition sponsored or authorized by the institution that is designated for the biological sex opposite to the student's biological sex; or

2. A male student to compete on the team in a mixed-sex intercollegiate athletic competition sponsored or authorized by the institution in a position that is designated by rule or procedure for female students.

For purposes of this section:

1. A student's biological sex is the biological sex correctly stated on:

a. The student's official birth certificate, as described by item 2; or

b. If the student's official birth certificate described by item 1a is unobtainable, another government record that accurately states the student's biological sex; and

2. A statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex only if the statement was:

a. Entered at or near the time of the student's birth; or

b. Modified to correct a scrivener or clerical error in the student's biological sex.

"Athletic competition" means any athletic display between teams or individuals, such as a contest, exhibition, performance, or sport.

Education Code 51.980(a)-(b), (d); 19 TAC 4.351(2), .352

Exception

An intercollegiate athletic team described above may allow a female student to compete in an intercollegiate athletic competition that is designated for male students if a corresponding intercollegiate athletic competition designated for female students is not offered or available. Education Code 51.980(c); 19 TAC 4.352

Retaliation

Prohibited

An institution of higher education or an intercollegiate athletic team described above may not retaliate against a person for reporting a violation of this section. Education Code 51.980(e); 19 TAC 4.352

Confidentiality and

Privacy

Nothing in 19 Administrative Code Chapter 4, Subchapter V, limits or waives the protection of confidential student information, including but not limited to student educational records or student medical information under state or federal law, including Health and Safety Code Chapter 181, the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d et seq., Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g, 34 C.F.R. Part 99, or birth certificate records under state law. 19 TAC 4.353

Athlete Agents

"Institution of higher education" means an institution of higher education or a private or independent institution of higher education, as defined by Education Code 61.003, including a community college, that is a member of a national association for the promotion and regulation of intercollegiate athletics. Occupations Code 2051.001(5)

Compliance

Coordinator

An institution of higher education shall designate an individual to serve as a compliance coordinator for that institution and report the name of the compliance coordinator to the secretary of state in a manner prescribed by the secretary. Occupations Code 2051.253

Compliance

Standards

An institution of higher education shall adopt standards relating to the implementation of Occupations Code Chapter 2051, including specific guidelines governing the athlete agent interview program sponsored by the institution under Occupations Code 2051.301.

The guidelines relating to the athlete agent interview program must specify:

1. The scheduling of interview periods;

2. The duration of an interview period;

3. The location on the institution's campus for conducting interviews; and

4. Any terms or conditions under which an athlete agent may contact an athlete during an interview period.

After adopting implementation standards under Occupations Code 2051.251, an institution of higher education shall:

1. Submit the standards to the institution's athletic council or other analogous body for approval; and

2. File a copy of the approved standards with the secretary of state not later than the 30th day after the date the standards are approved.

If an institution of higher education amends the implementation standards, the institution shall, not later than the 30th day after the date the amendment is effective, file a copy of the amended standards with the secretary.

On receipt of a written request from a registered athlete agent, the secretary of state or a compliance coordinator designated under Occupations Code 2051.253 shall provide a copy of the implementation standards adopted by an institution of higher education.

Occupations Code 2051.251-.252, .254

Interview Program

Each institution of higher education shall sponsor an athlete agent interview program on the institution's campus. An athlete agent interview program may not continue for more than 30 consecutive business days as determined by the athlete's institution of higher education and must be conducted during the off-season period before the completion of the athlete's final year of eligibility.

Each compliance coordinator shall:

1. Establish the schedule for the athlete agent interview program sponsored under Section 2051.301 by the coordinator's institution of higher education;

2. Not later than the 30th day before the date on which the athlete agent interview program begins, notify each registered

athlete agent, in writing, of the interview program, unless the secretary of state provides notification under Section 2051.301(c); and

3. Ensure that the coordinator's institution of higher education and the athletes attending the institution comply with this

chapter and the rules adopted under Occupations Code Chapter 2051.

Occupations Code 2051.301(a), (c), .302-.303

Reporting

Athletic Program

Participation Rates

and Financial

Support Data

A co-educational institution of higher education, including a college district, that participates in any Title IV, Higher Education Act (HEA) program and has an intercollegiate athletic program must annually, for the preceding reporting year, prepare a report that contains the following information:

1. The number of male and the number of female full-time undergraduate students who attended the institution.

2. A listing of the varsity teams that competed in intercollegiate athletic competition and for each team the following data:

a. The total number of participants as of the day of its first scheduled contest of the reporting year, the number of participants who also participated on another varsity team, and the number of other varsity teams on which hey participated.

b. Total operating expenses attributable to the team, except that an institution may report combined operating expenses for closely related teams, such as track and field or swimming and diving. Those combinations must be reported separately for men's and women's teams.

c. In addition to the data required by item b, an institution may report operating expenses attributable to the team on a per-participant basis.

d. Whether the head coach was male or female, was assigned to the team on a full-time or part-time basis, and, if assigned on a part-time basis, whether the head coach was a full-time or part-time employee of the institution. The institution must consider graduate assistants and volunteers who served as head coaches to be head coaches for the purposes of this report.

e. The number of assistant coaches who were male and the number of assistant coaches who were female, and, within each category, the number who were assigned to the team on a full-time or part-time basis, and, of those assigned on a part-time basis, the number who were fulltime and part-time employees of the institution. The institution must consider graduate assistants and volunteers who served as assistant coaches to be assistant coaches for purposes of this report.

3. The unduplicated head count of the individuals who were listed under item 2a as a participant on at least one varsity

team, by gender.

4. Revenues derived by the institution, in accordance with 34 C.F.R. 668.47(c)(4).

5. Expenses incurred by the institution, in accordance with 34 C.F.R. 668.47(c)(5).

6. The total amount of money spent on athletically-related student aid, including the value of waivers of educational expenses, aggregately for men's teams, and aggregately for women's teams.

7. The ratio of athletically-related student aid awarded male athletes to athletically-related student aid awarded female athletes.

8. The total amount of recruiting expenses incurred, aggregately for all men's teams, and aggregately for all women's teams.

9. The average annual institutional salary of the non-volunteer head coaches of all men's teams, across all offered sports,

and the average annual institutional salary of the non-volunteer head coaches of all women's teams, across all offered

sports, on a per person and a per full-time equivalent position basis. These data must include the number of persons and

full-time equivalent positions used to calculate each average. If a head coach has responsibilities for more than one team

and the institution does not allocate that coach's salary by team, the institution must divide the salary by the number of

teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the

coach's responsibilities for the different teams.

10. The average annual institutional salary of the non-volunteer assistant coaches of men's teams, across all offered sports, and the average annual institutional salary of the non-volunteer assistant coaches of women's teams, across all offered sports, on a per person and a full-time equivalent position basis. These data must include the number of persons and fulltime equivalent positions used to calculate each average.

If an assistant coach had responsibilities for more than one team and the institution does not allocate that coach's salary

by team, the institution must divide the salary by the number of teams for which the coach has responsibility and allocate

the salary among the teams on a basis consistent with the coach's responsibilities for the different teams.

34 C.F.R. 668.47(a), (c)

Availability

An institution of higher education must, not later than October 15 of each year, make available to enrolled students, prospective students, and the public, the report. The institution must make the report easily accessible to students, prospective students, and the public and must provide the report promptly to anyone who requests it.

The institution must provide notice to all enrolled students, pursuant to 34 C.F.R. 668.41(c)(1) [see AFA], and prospective students of their right to request the report. If the institution chooses to make the report available by posting the disclosure on an internet website or an intranet website, it must provide in the notice the exact electronic address at which the report is posted, a brief description of the report, and a statement that the institution will provide a paper copy of the report on request. For prospective students, the institution may not use an intranet website for this purpose.

34 C.F.R. 668.41(g)(1)

Submission

An institution must submit the report to the U.S. Secretary of Education within 15 days of making it available to students, prospective students, and the public. 34 C.F.R. 668.41(g)(2)

Completion or

Transfer-Out Rates

for Student Athletes

Annually, by July 1, an institution that is attended by students receiving athletically-related student aid must produce a report containing the information described at 34 C.F.R. 668.48. [See EGC]

34 C.F.R. 668.48(a)