Attorneys: RCS athletic equity ‘well within reach’

Although a targeted audit of Richmond High School sports found no Title IX violations, attorneys say addressing areas of noncompliance will require “deliberate attention, consistent oversight and ongoing communication.”

Richmond Community Schools board members said they are considering the attorneys’ six findings and 14 recommendations that could improve current and future students’ experiences.

Some of those recommendations are already being implemented, RCS officials say.

RCS shared results of the Title IX Gender Equity in Athletics assessment during its regular Wednesday, Sept. 24, board meeting.

The report and a question-and-answer guide, totaling 36 pages, were posted Sept. 25 at werrichmond.com.

Background

RCS hired Church Church Hittle + Antrim, a Noblesville-based law firm, for the work in October 2024. RCS officials said they had begun discussing a Title IX audit in July 2024 before members of Richmond High School’s girls volleyball team raised Title IX concerns after a September 2024 confrontation with boys basketball representatives over facilities usage. RCS approved the agreement with CCHA on Oct. 9, 2024.

During its investigation, CCHA toured facilities, reviewed documents provided by RCS, and interviewed RHS administrators, athletic directors, the majority of coaches across all sports, and student-athletes while examining the school’s 21 teams.

At RCS’ request, the study reviewed four areas: publicity, locker rooms and facilities, equipment and supplies, and scheduling of games and practice times.

CCHA attorney Jessica Billingsley noted that schools’ Title IX compliance is assessed by evaluating whole athletic programs rather than comparing individual sports. The law requires a program-wide analysis to determine whether overall opportunities and benefits are equitably distributed between male and female athletes, she said.

CCHA said Richmond’s overall culture surrounding gender equity is evolving, with growing recognition of the need for sustained attention and action.

“Existing challenges mainly stem from lack of awareness or continuity, not from intentional action,” CCHA said. “The board’s decision to undertake this assessment, combined with the constructive and forward-looking attitudes of all stakeholders, reflects a strong commitment to continued improvement.”

Findings

The Office of Civil Rights, a subagency of the U.S. Department of Education, has developed a “Three Prong Test” to determine Title IX compliance related to athletics participation opportunities.

The prongs are: substantial proportionality, history and continuing practice of expansion, and fully accommodating interests and abilities.

According to CCHA, RHS needs 54 additional female student-athlete participation opportunities to achieve proportionality and thus cannot comply with Prong 1. Female participation dropped from 43% in 2020 to 40% in 2024.

RHS could recruit more athletes for existing teams, such as girls cross country and golf, add junior varsity and freshmen teams for current sports where there is sufficient interest and abilities, or add new sports.

For Prong 2, RHS has actively added sports programs, including girls wrestling. However, participation rates among RHS girls dropped in 2020-21 during the pandemic and have remained stagnant since then. RHS is unlikely to meet Prong 2.

To meet Prong 3 requirements, RHS would need to engage in more formal information gathering and review to confirm interests and abilities. Some options on CCHA’s interest and abilities survey template include flag football, lacrosse, field hockey, water polo, bowling, ice hockey and boys volleyball.

Where unequal treatment was identified in treatment areas, female student-athletes were generally treated less favorably than male student-athletes. These deficiencies, though, were neither insurmountable nor pervasive.

Some coaches and players believe funding discrepancies are justified by a team’s fundraising efforts; however, this view is inconsistent with Title IX, which requires that benefits and opportunities be equitably balanced, regardless of the funding source.

Many areas of noncompliance could be remedied through greater communication and regular monitoring.

Recommendations

The lawyers recommended:

• Standardize and clearly communicate the process for setting competition schedules.
• Continue proactive steps to secure more competition for girls wrestling.
• Consider alternating primetime slots for boys and girls teams, particularly basketball.
• Clearly communicate criteria and procedures the transportation department uses to assign buses for athletic travel.
• Monitor transportation bus assignments to ensure all teams have equal access to preferred transportation options.
• Consider developing an equitable rotation or timesharing agreement between football and girls and boys soccer for use of Lyboult Field’s turf field.
• Remove and properly store tennis wind screens during the winter months to avoid degradation.
• Continue working to improve the softball field at McBride Stadium by installing field lighting, constructing a permanent restroom facility, adding permanent outfield fencing, repairing or upgrading the scoreboard and public address system, and improving accessibility to the softball field.
• Relocate where the girls wrestling team practices or remove safety hazards from the girls wrestling room.
• Develop a plan to provide equitable and private locker room facilities for boys wrestling, such as allocating existing locker room space or incorporating equitable space in future facilities plans.
• Develop an interests and abilities survey and guidelines for the use of the results of such surveys for adding sports (both girls and boys sports).
• Create a content calendar to ensure equitable promotion of boys and girls teams across RHS’ website, social media platforms and morning announcements.
• Develop a standard athletic department policy or procedure for use of money raised by athletic teams through fundraising efforts.
• Form a student-athlete advisory group to allow for more student input in athletics and potential earlier detection of concerns.

CCHA said RCS doesn’t face “insurmountable” challenges. Instead, opportunities exist to build a more equitable and inclusive athletic program.

“With continued commitment from leadership and stakeholders, meaningful and lasting progress is well within reach,” the report concluded.

In progress

RCS says changes already made include:

• Girls wrestling room relocated to Tiernan Center’s upper deck for safety
• Student Athlete Leadership Team formed for student input
• Equitable content calendar implemented for social media and announcements
• Weekly transportation assignment reviews established
• Coach training on Title IX gender equity initiated

Using 2023 bond funding, the district is adding a practice turf field, renovating tennis courts, and improving McBride Stadium softball facilities including lighting and amenities. Stacy Mopps, RCS’ Title IX coordinator and director of human resources, will continue to meet regularly with Athletic Director Robert Lee to ensure ongoing compliance.

Board member Nicole Stults said she appreciates the checklist of recommendations and is excited to see RCS implement what she believes are several great ideas.

“I feel like there was a lot of benefit in receiving that feedback,” Stults said.

Board member Kristen Brunton said CCHA is considered an expert in this subject after conducting many of these audits, and the report is valuable.

“We’re always evolving and growing and we want to better,” Brunton said. “I think this found some areas we can do better in, so we’re working on that.”

Separate report

In addition to securing CCHA’s Title IX audit, RCS hired a different law firm, Indianapolis-based Bose McKinney & Evans LLP, to investigate allegations of misconduct surrounding a specific athletics incident and gather information about what led to it.

A confrontation took place Sept. 24, 2024, between volleyball and boys basketball representatives about gym access. Afterward, athletes and parents raised additional concerns about equity for RHS girls teams.

The board received that report in January, which noted the event or series of events didn’t rise to produce liability for sex discrimination under Title IX.

Attorney Jon Mayes said misunderstanding, miscommunication, unresolved past offenses and unprofessional conflict resolution efforts were at the core of that conflict. He offered several recommendations.

Next meeting

The board’s next meeting will be at 5:30 p.m. Wednesday, Oct. 8, in the administration building, 300 Hub Etchison Parkway. It’s open to the public. Because of fall break, only one meeting is planned in October.