Legal Q & A: Cheerleading and Title Nine

Legal Issues…

Q: I just learned that the UIL will recognize cheerleading as a sport beginning with the 2015-2016 school year. Does that mean I will be able to consider cheerleading for Title IX purposes?

A: No, at least not yet. While the UIL may recognize cheerleading as a sport, the Department of Education Office of Civil Rights (DOE-OCR) does not allow school districts to classify cheerleaders, sideline or competitive, as athletes for purposes of Title IX without specific authorization from the DOE-OCR.

As you know, Tile IX regulations require institutions to “provide equal athletic opportunity for members of both sexes.” The DOE-OCR enforces these regulations by comparing participation, amenities, and financial assistance for each athletic program. See 34 C.F.R. § 106.41(c). In 2008, the division released a dear colleague letter that addressed the criteria the DOE-OCR considers when determining if a sport qualifies for purposes of these Title IX comparisons. The two main categories include 1) program structure and administration, and 2) team preparation and competition. At that time, cheerleading did not qualify. With that said, most determinations are very fact specific, and as such, the determination could change in the future once “Game Day Cheer” is analyzed. But until then, take note that UIL’s action in no way impacts Title IX. That is, you do not get to include cheerleaders in your numbers and/or cost comparisons when looking at equality in your male vs. female programs for Title IX purposes.

This update brought to you by the law firm of Karczewski | Bradshaw L.L.P.