For years, the Women’s Sports Foundation has been hammered with calls, e-mail queries and questions posed at presentations that ask, “What about booster clubs? Where do they fit with Title IX?” At a moment in time when the weakened state of our nation’s economy is often driving budgets more than federal and state policies, it’s time to look deeply and clearly at Title IX compliance and see where booster clubs do fit.
Booster clubs and sport-specific alumni groups often contribute to athletic program budgets. Parents and alumni may raise money for specific teams or for the overall athletic program. As a result, the school may have greater resources for some teams or programs. Men’s sports programs typically receive more donor support because they have been around longer and men earn more than women on average in this country. As a result, the booster clubs may provide benefits or services to the men’s teams that the women’s teams do not receive.
Title IX and Booster Clubs
Under Title IX, budgets for boys’ and girls’ teams do not have to be equal, but the bottom line is that the benefits provided must be equal. According to the interpretation of Title IX by the Office for Civil Rights (OCR), educational institutions cannot use an economic justification for discrimination. When an institution accepts money from an outside source (fundraising, sponsors, booster clubs, private donations) the institution can use the money in the manner specified by the outside source, yet cannot use the circumstances as an excuse for discrimination.
If the school uses the outside source to give benefits to the boys’ sports programs, the school has an obligation to find resources from somewhere else to make sure that the girls’ programs have the same benefits.
On the whole, considering all boys’ and girls’ sports, the educational institution is obligated to distribute all of its resources (and the outside funding or in-kind gift is a resource once the school accepts it) in a non-discriminatory manner:
According to the OCR:
“The private funds that are used to support District athletic programs, although neutral in principle, are likely to be subject to the same historical patterns that Title IX was enacted to address. In the experience of OCR, sponsors, as a whole, are more interested and willing to assist boys’ teams than girls’ teams, and male-oriented ‘booster’ activities generate more public interest than girls’ activities. If all benefits are not considered in examining interscholastic athletics, the purpose and effect of the Title IX requirements could be routinely undermined by the provision of unequal benefits through private financial assistance.” 1
“While it may appear that this policy is discouraging private initiatives (which are unquestionably valuable to recipients and students), we cannot diminish the protection of Title IX by exempting benefits, treatment, services or opportunities provided to athletes through the use of private funds. Private fundraising, including student-initiated fundraising, has been, and continues to be, permissible under Title IX. It should also be noted that this does not mean that teams must “share” proceeds from fundraising activities. It does, however, place a responsibility on the district to insure that benefits, services, treatment and opportunities overall, regardless of funding sources, are equivalent for male and female athletes.” 2
How might booster clubs be managed effectively and equitably?
The most viable solution is for each school district (or county office of education) to establish an all-inclusive school-wide sports booster club policy. Then, each high school adopts its own by-laws, procedures or administrative guidelines, reflecting the intent of the district/county office. As the school district and school board members are responsible for the operation of each school site, this authority (and supervision) must come from them.
Four resource samples will support a district’s and school’s application of these principles.
1. School-wide Sports Booster Club Policy
A model district policy that details the requirements for each high school’s club
2. Acceptance of Gifts Policy
A model district policy elaborating on the procedure for acquisition of gifts that provides financial transparency
3. Record of Gifts/Donations Tracking Sheet
A sample district/high school tracking sheet to record gifts and describe a system to acknowledge the contributor
4. Agreement Between the School and the School-wide Sports Booster Club
A model agreement regarding a booster club, highlighting the link between the school and a booster club
We are providing a comprehensive set of products that may (or may not) be applicable to your school, district, league or even state organization of athletics.
- Your initial challenge will be to examine what already exists in your system—trying to analyze evidence and document the status of current booster clubs and similar special-interest groups supporting athletics.
- Then, compare and contrast what you discover with the intent and compliance regulations of Title IX.
Review our samples broadly to see what fits into your approach to financing sports. For example, some high schools have little direct access to funds, and budgeting is predominately managed at the district level. Other high schools retain all (or most) funding responsibilities on site, thus freeing them from district controls regarding policy and practice. Also, while a few state athletic associations have agreements and regulations governing booster clubs, most do not. Whatever your circumstance, every site is obligated to follow Title IX. Let these samples serve to provide you with a framework, then select and revise what is appropriate and valid for your program.
School-wide Booster Club Policy
Acceptance of Gifts Policy
Record of Gifts/Donations Tracking Sheet
Athletic Association Agreement of the School-wide Sports Booster Club Policy
Download Show Me the Money: Title IX and Booster Clubs
The Public Policy Office wishes to thank the following reviewers: Dr. Donna Lopiano, President, Sports Management Resources; Sheila Murphy, Pennsylvania Public Policy Officer, Women’s Sports Foundation, Peg Pennepacker, C.A.A., Assistant Principal/Athletic Director Susquehanna Township High School, Harrisburg, PA. and P.S.A.D.A. Title IX Consultant; Bruce Whitehead, Executive Director, National Interscholastic Athletic Administrators Association.
Footnotes
1 See Jurupa Unified School Dist., OCR File No. 09-91-1222 (Feb. 7, 1995).
2 Id.
3 Hermitage School District. (2008). Policy No. 6312 Booster Clubs. (Revised 2008 ed., Hermitage, PA: Vol. 2). Hermitage School District.
4 Hermitage School District. (2008). Policy No. 6313 Booster Clubs. (Revised 2008 ed., Hermitage, PA: Vol. 1). Hermitage School District.
5 Hermitage School District. (2008). Policy No. 6313 Booster Clubs. (Revised 2008 ed., Hermitage, PA: Vol. 1). Hermitage School District.
6 (2001). Kentucky High School Athletic Association. Retrieved March 18, 2009, from Athletic Booster Club Agreemet Web site: http://www.khsaa.org/titleix/athleticbooster.pdf