The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that the Minneapolis Public School District in Minnesota has entered into an agreement to ensure compliance with Title IX of the Education Amendments of 1972 with respect to the district-wide athletics programs at its high schools. OCR investigated whether the district failed to effectively accommodate the interests and abilities of female students in its interscholastic athletics program and whether it provided equal opportunity in the provision of competitive and practice facilities and locker rooms to its female athletes.

OCR’s investigation revealed disparities between the female enrollment rate and their interscholastic athletics participation rate at several district high schools and overall. Despite these disparities, the district acknowledged that it has not completed a student athletic interest survey in the past ten years. The district also confirmed that it does not have written policies, procedures, or criteria for the addition of sports and/or levels to the interscholastic athletics program.

OCR also identified disparities in the district’s provision of practice and competitive facilities and locker rooms. OCR’s investigation revealed that some girls teams have inferior practice and competition facilities compared to the boys teams. For instance, overwhelmingly, the various softball facilities used by the district’s softball teams are not regulation for fast pitch softball, lack adequate fencing, and lack amenities, while the district boys baseball teams generally practice and compete at higher quality baseball fields with better amenities that are regulation for competition. Furthermore, OCR’s investigation found that the girls softball teams are regularly displaced from competitive events because their facility was not available to them after 6 p.m. due to the recreational adult men’s softball leagues using the facility at that time, which prevented the girls teams from completing their competitions.

In terms of maintenance and preparation of the practice and competitive facilities, OCR’s investigation raised concerns that a higher proportion of female athletes have preparation responsibilities for their sports practices and competitive events. For example, several girls volleyball teams are responsible for setting up their nets for practices, competitions, or both, and several girls badminton teams reported responsibility for setting up their nets for practices and competitions, as well as seating at their competitive events. Additionally, the girls softball teams at two high schools have to set up outfield fencing because their facility lacks fencing.

OCR’s investigation also raised concerns that female student athletes at several high schools are not provided equivalent access to quality locker rooms. For example, female athletes at two high schools reported their locker rooms lacked hot water and OCR observed that the female locker rooms at one high school were poorly maintained. Additionally, the male athletes at one school have an additional separate locker room for exclusive use by the male athletic participants and the male football participants at another school had an additional locker room at the stadium for their use, with no offsetting benefit to female participants. Female athletes at multiple schools also reported that their locker rooms are locked during the day, whereas the boys locker rooms are open and available to them.

“Minneapolis Public Schools has signed a robust agreement to assure that female students at each of its high schools will now have the equal opportunity to participate in sports and equal access to facilities for competition, practice and locker rooms that Title IX guarantees,” said Assistant Secretary for Civil Rights Catherine E. Lhamon.

The resolution agreement commits the district to:

• Conduct a full assessment of how the district can equally and effectively accommodate athletic interest and abilities to provide equal opportunities for female students in its high school athletics program.
• Develop a plan, with timeframes, to increase participation opportunities for female students as necessary to demonstrate compliance with Title IX.
• Create a Stakeholder Committee to work collaboratively with the district to create district-wide policies and procedures for the interscholastic athletics program including grievance procedures, and on other Title IX compliance issues.
• Assess and develop a plan with respect to the provision of locker rooms, practice and competitive facilities at each high school in the district.
• Equally and effectively accommodate the athletic interest and ability of all students by providing equal opportunities in the provision of locker rooms, practice, and competitive facilities.
• Training its Title IX coordinators, athletic directors, principals, and coaches on their responsibilities under Title IX and its application to athletics, including how funding from any source can affect the balance of equivalent benefits for male and female athletes.

The letter of resolution and the resolution agreement are available on the OCR website.