Feds probe whether OU's sports facilities for women are unequal

Ohio University is under investigation by the federal Department of Education's Office for Civil Rights for a Title IX complaint filed alleging that women's athletics facilities are unequal to men's, according to documents provided by OU's Office of Legal Affairs.

The major concern centers around the women's swimming locker room, while the women's softball facilities are also a problem, according to university documents. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in all education programs or activities that receive federal financial assistance.

The university was notified of the Title IX complaint June 26, 2009, and two weeks ago Department of Education Office for Civil Rights inspectors were on campus interviewing a cross-section of student athletes and athletics department staff. The inspectors also toured all athletics facilities, said Nicolette Dioguardi, associate director of legal affairs.

"Most of the facilities are very attractive and very nice, but the women's swim locker room just isn't," Dioguardi said. The locker room has old metal lockers and is in need of new flooring and new seating, Dioguardi said.

The Department of Education has not yet released the results of its investigation, but Dioguardi said the university is aware of the problems the inspectors will likely cite and is already in the process of improving the facilities.

The university underwent a Title IX compliance audit in 2006 and 2008 by Lamar Daniel, Inc., that cited the women's softball facilities and the women's swimming locker rooms as problem areas.

The report said that the softball fields needed lights, a grandstand, press box and a spectator restroom, and Dioguardi added that the U.S. Department of Education also will probably call for added netting to be put up between the baseball and softball fields. While some netting is already in place, more needs to be added to prevent baseballs from interrupting softball games.

"The women's swimming/diving team has a very small, private locker room at the OU Aquatic Center," the 2008 audit reported. "It is located in the general body locker room for women. Shower and restroom facilities are shared with the women's student body. The head coach and women's participants rated both as poor. The lockers are rusting, and the facility is too small."

The needed renovations to the swim locker room will cost the university $50,000 to $90,000, Dioguardi said. Athletics is talking to facilities and the administration to try to identify funds to improve the locker room, Dioguardi said. The university may be able to use money left over from savings on utilities from last year for the project, she said.

"This would happen pretty quickly," Dioguardi said. "The Department of Education would want us to identify that as something important."

The softball field needs may cost more, Dioguardi said, as installing lights would be expensive.

According a 2008 report for dealing with gender issues in athletics, the university plans to develop and implement a 10-year Facilities Master Plan that will address the deficiencies within the program area as funds become available. The plan calls for installation of lighting this fall, but with the current budget situation, those funds are not yet available.

According to that same 2008 planning report, the women's swimming locker rooms were scheduled for renovations last fall, but those plans fell through, too.

"The worst possible case would be that the Department of Education makes a finding against you (the university)," Dioguardi explained. "That would mean they'd take away federal funds. We want to avoid having a finding against us."

The Department of Education wants to make sure that the university is making plans to improve the facilities, Dioguardi said.

"We have an idea of what they'll address," Dioguardi said. "We'll submit a proposal on how to deal with this in the next couple of weeks."

In a controversial move in 2007, OU eliminated men's swimming and diving, men's indoor and outdoor track and women's lacrosse in part to help meet Title IX requirements.

Because the investigation is ongoing, Jim Bradshaw from the Department of Education's Office for Civil Rights could only confirm that a complaint was filed regarding the athletics facilities for men and women.

"Opening a complaint for investigation in no way implies that OCR has made a determination on the merits of the case," Bradshaw said. "Rather, the office is merely a neutral fact-finder. It will collect and analyze all relevant evidence from the parties involved in the case to develop its findings."

Jason Corriher, spokesperson for OU athletics, said, "Representatives from the Office for Civil Rights visited campus last week to interview Ohio University staff and student-athletes. A comprehensive tour of the Intercollegiate Athletics facilities was also conducted. Since this is an ongoing process, it is most appropriate for the Athletic Department to reserve comment at this time."