Title IX Athletic Compliance Review

Melissa A. Hewey Elek A. Miller 84 Marginal Way, Suite 600 Portland, Maine 04101-2480 (207) 772-1941

Table of Contents

Objectives and Scope …………………………………………………………………………...... 3

Purpose and Applicability of Title IX ………………………………………………………………….3

Title IX Mechanics and Audit Methodology …………………………………………………………..3

Organization of the Report ……………………………………………………………………………..5

Effective Accommodation of Student Interests and Abilities ………………………………………...6

Opportunities to Compete ………………………………………………………………………...7

Levels of Competition …………………………………………………………………………...12

Conclusion ………………………………………………………………………………………13

Equal Treatment ……………………………………………………………………………………….14

Provision of Equipment and Supplies …………………………………………………………...15

Scheduling of Games and Practice Times ………………………………………………………21

Travel and Per Diem Allowance ………………………………………………………………...23

Assignment and Compensation of Coaches ……………………………………………………..27

Locker Rooms, Practice, and Competitive Facilities ……………………………………………36

Medical and Training Facilities and Services ……………………………………………...... 40

Publicity …………………………………………………………………………………………41

Provision of Support Services …………………………………………………………………...41

Incidental Benefits ………………………………………………………………………………42

Portland Public Schools, ME

Title IX Athletic Compliance Review

OBJECTIVES AND SCOPE

The objectives of this report are to summarize the purpose and applicability of Title IX, and evaluate whether the high school athletic programs at Portland Public Schools (PPS)1 are in compliance with the requirements of Title IX and its accompanying regulations. This report has been produced at the request of Portland Public Schools, and covers the 2007-08, 2008-09, and 2009-10 school years.

PURPOSE AND APPLICABILITY OF TITLE IX

Title IX prohibits discrimination on the basis of sex in programs or activities receiving federal financial assistance from the Department of Education. Section 901(a) of Title IX of the Education Amendments of 1972 states that, “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance . . . .”2 The law is intended to prohibit gender- based discrimination in any educational program or activity that receives federal funds. With some exceptions, Title IX covers all aspects of an educational program or activity. Athletics are considered an integral part of an institution’s education programs, and are therefore included under this law.

TITLE IX MECHANICS AND AUDIT METHODOLOGY

The Department of Education, as a federal department empowered to extend federal financial assistance to any education program or activity, has been directed to promulgate rules and regulations consistent with the objectives of Title IX.3 Pursuant to this directive, the Department of Education promulgated the following regulation:

No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person, or otherwise be discriminated against in any interscholastic, intercollegiate, club or intramural athletics offered by a recipient, and no recipient shall provide any such activities separately on such basis.4

1 The scope of this report encompasses enrolments at Deering, Portland, and Casco Bay High Schools. Because Casco Bay does not offer its own athletics, students enrolled at that school participate in sports at one of the City’s two other public schools. This report therefore analyzes the athletic programs at Deering and Portland High Schools. 2 20 U.S.C. §1681(a) . 3 20 U.S.C. §1682. 4 34 C.F.R. §106.41(a). 3

This directive provides for equal opportunity for men and women (and boys and girls) to participate in intercollegiate and interscholastic sports: “[a] recipient which operates or sponsors interscholastic, intercollegiate, club or intramural athletics shall provide equal athletic opportunity for members of both sexes.”5 This Report focuses on the interscholastic boys and girls athletic programs at Portland and Deering high schools. The Department of Education regulations establish two components to Title IX’s equal athletic opportunity requirement: 1) effective accommodation, and 2) equal treatment. Effective accommodation requirements derive from the first factor listed below—accommodation of athletic interest and abilities—and equal treatment requirements derive from the remaining factors. According to a recent Ninth Circuit opinion addressing a Title IX claim, “[e]ffective accommodation claims . . . concern the opportunity to participate in athletics, while equal treatment claims allege sex-based differences in the schedules, equipment, coaching, and other factors affecting participants in athletics.”6 Consequently, an institution can violate Title IX in three ways: 1) by failing to effectively accommodate student interests and failing to provide equal treatment; 2) solely by failing to effectively accommodate the interests and abilities of student-athletes of both sexes, even if the benefits provided athletes of both sexes are equivalent; or 3) by failing to provide equal benefits to athletes of both sexes, even if their interests and abilities are accommodated. To clarify the athletics-related requirements contained in the Title IX regulation, the Office of Civil Rights and the Department of Education have issued a Policy Interpretation (the “Policy Interpretation”) to provide guidance on how schools can comply with the law.7 The Policy Interpretation details thirteen factors to consider when determining whether schools are in compliance with Title IX.8 Because some of those factors apply only in the intercollegiate (as opposed to the interscholastic) context, they were omitted from this analysis.9 In lieu of those factors, the report includes an analysis of a tenth factor called “Incidental Benefits,” which is meant to capture the cost of things such as banquets, awards, and team paraphernalia common to high school sports and most often provided by booster clubs. Accordingly, the factors we have considered are:

1) Accommodation of Athletic Interests and Abilities 2) Equipment and Supplies

5 Id. at (c). 6 Manourian v. Regents of the University of California, 602 F.3d 957 (9th Cir. 2010). 7 Department of Health, Education, and Welfare, Office of Civil Rights (OCR) Policy Interpretation, 44 Fed. Reg. 71413, 71416-18 (1979). 8 Those factors are: 1) Athletic Scholarships 2) Accommodation of Athletic Interests and Abilities 3) Equipment and Supplies 4) Scheduling of Games and Practice Time 5) Travel and Per Diem Allowance 6) Opportunity to Receive Coaching and Academic Tutoring 7) Assignment and Compensation of Coaches and Tutors 8) Locker Rooms, Practice and Competitive Facilities 9) Medical and Training Facilities 10) Housing and Dining Facilities and Services 11) Publicity 12) Support Services 13) Recruitment of Student Athletes 9 “Athletic Scholarships,” “Housing and Dining Facilities and Services” and “Recruitment of Athletics” have no application at the high school level. 4

3) Scheduling of Games and Practice Time 4) Travel and Per Diem Allowance 5) Opportunity to Receive Coaching and Assignment and Compensation of Coaches 6) Locker Rooms, Practice and Competitive Facilities 7) Medical and Training Facilities 8) Publicity 9) Support Services 10) Incidental Benefits

This Report is organized around the factors listed above. The methodology for determining PPS compliance with Title IX and evaluating the above factors utilizes multiple instruments and sources of data. These include: 1) a thorough review of the relevant statutory and case law; 2) examination of numerous sources of quantitative data related to various aspects of PPS athletic programs; and 3) review of policies, procedures, rules and guidelines.10 It is important to note that strict equality is not required for Title IX compliance. That is, boys and girls teams do not, for example, need to have the same budgets, the same pieces of new and used equipment, or play the same number of games.11 However, numerous small discrepancies within any of the above factors may lead to a finding of noncompliance.12 The basic method for analyzing the information contained in this Report is to compare the benefits provided boys with the benefits provided girls within specific sub-categories of the above ten factors. Once all sub-categories within a factor have been examined a determination is made regarding whether the differences for each sub-category or all sub-categories combined have a disparate impact on one sex. If so, and the differences cannot be explained by nondiscriminatory justifications, a disparity exists for that particular factor.13

ORGANIZATION

The remainder of this report is broken into two primary sections. The first section addresses accommodation of student interests and abilities, and includes an examination of enrollment- proportionate athletic opportunities and advanced opportunities for competition. The second section discusses equal treatment, which encompasses equipment and supplies, scheduling of games and practice time, travel and per diem allowance, opportunity to receive coaching and assignment and

10 The figures in this report are based on information provided by the PPS central office and athletic directors from Deering and Portland and no attempt has been made to independently verify the data. As will be evident from a review of the Report, in certain areas information was incomplete and in others, virtually nonexistent, making analysis of certain factors difficult. As will be discussed more fully below, therefore, one recommendation we make is to improve record-keeping and accountability so that Title IX compliance can be more easily and accurately evaluated. 11 The Policy Interpretation notes that football, while not exempt from Title IX, can have permissible special costs associated with it due to such factors as squad size, equipment costs, injury rates, and large event management costs which can create an imbalance in funding for male and female sports. For this reason any compliance assessment must carefully weigh what are permissible and impermissible differences resulting from football programs, particularly high profile, more costly programs. 12 This Report acknowledges that there will be times when differences in benefits provided to boys and girls are the result of nondiscriminatory reasons, such as the unique aspects of a given sport. If a nondiscriminatory justification can be provided, no disparity will generally be found. 13 The Policy Interpretation interscholastic athletic provisions of Title IX notes that “purely financial tests, such as the per capita test do not in themselves offer conclusive documentation, except where the benefit or opportunity under review, like a scholarship, is itself financial in nature.” 44 Fed. Reg. P. 71,414.

compensation of coaches, locker rooms, practice and competitive facilities, medical and training facilities, publicity, support services, and incidental benefits.

Effective Accommodation of Student Interests and Abilities

Title IX regulations require schools to effectively accommodate the interests and abilities of students so as to provide equal opportunity in the selection of sports and levels of competition available to members of both sexes.14 The basic determination for this factor relies on a two part analysis, looking at 1) equal opportunities to compete, and 2) levels of competition.15 In effectively accommodating the interests and abilities of male and female athletes, schools must provide opportunities for individuals of each sex to participate in interscholastic competition and for athletes of each sex to have competitive team schedules that equally reflect their abilities.

Opportunities to Compete

Three factors are considered consecutively to assess the opportunity for individuals of both sexes to compete in athletic programs. They are:

1) Whether interscholastic16 level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments.

2) Where the members of one sex have been and are underrepresented among interscholastic athletes, whether the institution can show a history and continuing practice of program expansion which is demonstrably responsive to the developing interests and abilities of that sex.

3) Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a continuing practice of grogram expansion such as that cited above, whether it can be demonstrated that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program.17

If the first of these factors is satisfied, the other two need not be examined. In determining whether opportunities for boys and girls to participate in athletics are substantially proportionate to the respective enrollments of boys and girls in the school system as a whole, the percentages of boys and girls participating in athletics at each school are determined and then compared to the percentage of boys and girls enrolled in PPS high schools.18 Although there is no set ratio that constitutes substantial proportionality, a general rule of thumb is that if the variance exceeds at least 4-5%, and if the flat variance is sufficient to support a viable, additional girls’ team, this differential should be treated as a warning that a Title IX compliance problem may exist. Thus, for example, cases addressing the question of substantial proportionality have held that athletic participation and enrollment differences of 10.5%,19 11.6%,20 and 7.5%, 12.5%, and 12.7% in

14 34 C.F.R. §106.41(c)(1). 15 For interscholastic sports “levels of competition” refers to team levels such as varsity, junior varsity, and freshman teams. 16 The Policy Interpretation references “intercollegiate” sports here, but this reference has been made applicable to all recipients of federal education funds, including high schools, and is applicable to interscholastic high school sports as well as intercollegiate sports. See 34 C.F.R. §106.11. 17 44 Fed. Reg. P. 71,414. 18 Both schools offer a number of co-educational athletic opportunities. We were not provided with a breakdown of participation in these sports and have assumed for this analysis that those figures would have no substantive effect on our conclusion. 19 Roberts v. Colorado State Bd. Of Agriculture, 998 F.2d 824, 830 (10th Cir. 1993); 20 Cohen v. Brown Univ., 809 F.Supp 978, 991 (D.R.I. 1992) aff’d 991 F.2d 888 (1st Cir. 1993). 8

three consecutive years,21 were all substantially disproportionate. Conversely, where differences are less than 4-5% over a period of time, there is substantial proportionality.

Deering

Percentages of Boys and Girls Participating in Athletics

Boys

The percentage of boys participating in Deering High School athletics fluxuated between 48.4% and 56% for the three years covered by this audit. In 2007-08, 384 boys participated in single-sex athletics at Deering High School. This comprised 48.4% of the total number of athletes (792) participating in single-sex sports that year. In 2008-09, 478 boys participated in single-sex athletics. This comprised 56% of the total number of athletes (850) participating in single-sex sports that year. Finally, in 2009- 10, 391 boys participated in single-sex athletics. This comprised 52% of the total number of athletes (746) participating in single-sex sports that year.

Girls

The percentage of girls participating in Deering High School athletics fluxuated between 51.6% and 44% for the three years covered by this audit. In 2007-08, 408 girls participated in single-sex athletics at Deering High School. This comprised 51.6% of the total number of athletes (792) participating in single-sex sports that year. In 2008-09, 372 girls participated in single-sex athletics. This comprised 44% of the total number of athletes (850) participating in single-sex sports that year. Finally, in 2009- 10, 355 girls participated in single-sex athletics. This comprised 48% of the total number of athletes (746) participating in single-sex sports that year.

Chart 1: Athletic Participation at Deering High School by Gender

Year Girls Percentage Girls Boys Percentage Boys Total Number of Athletes 2007-08 408 51.6% 384 48.4% 792 2008-09 372 44% 478 56% 850 2009-2010 355 48% 391 52% 746

Portland

Percentages of Boys and Girls Participating in Athletics

Boys

The percentage of boys participating in Portland High School athletics fluxuated between 54% and 49% for the three years covered by this audit. In 2007-08, 331 boys participated in single-sex athletics at Portland High School. This comprised 54% of the total number of athletes (614) participating in single- sex sports that year. In 2008-09, 307 boys participated in single-sex athletics. This comprised 49% of

21 See Roberts, 998 F.2d at 830. 9 the total number of athletes (630) participating in single-sex sports that year. Finally, in 2009-10, 314 boys participated in single-sex athletics. This comprised 51% of the total number of athletes (616) participating in single-sex sports that year.

Girls

The percentage of girls participating in Portland High School athletics fluxuated between 46% and 51% for the three years covered by this audit. In 2007-08, 283 girls participated in single-sex athletics at Portland High School. This comprised 46% of the total number of athletes (614) participating in single- sex sports that year. In 2008-09, 323 girls participated in single-sex athletics. This comprised 51% of the total number of athletes (630) participating in single-sex sports that year. Finally, in 2009-10, 302 girls participated in single-sex athletics. This comprised 51% of the total number of athletes (616) participating in single-sex sports that year.

Chart 2: Athletic Participation at Deering High School by Gender

Year Girls Percentage Girls Boys Percentage Boys Total Number of Athletes 2007-08 283 46% 331 54% 614 2008-09 323 51% 307 49% 630 2009-2010 302 49% 314 51% 616

In order to determine whether there is substantial proportionality, the above athletics participation figures are compared to the percentage of boys and girls enrolled in the PPS system. The difference between the percentage of girls participating in athletics and the percentage enrolled in PPS high schools indicates whether female students’ interests and abilities are being effectively accommodated.

Chart 3: Enrollment at PPS High Schools by Gender

Year Girls Percentage Girls Boys Percentage Boys Total 2007-08 Portland: 494 Portland: 49% Portland: 516 Portland: 51% Portland:1010 Deering: 632 Deering: 48% Deering: 677 Deering: 52% Deering: 1309 Casco Bay: 80 Casco Bay: 42% Casco Bay: 111 Casco Bay: 58% Casco Bay: 191 Total: 1206 Final: 48% Total: 1304 Final: 52% Total: 2510 2008-09 Portland: 461 Portland: 51% Portland: 443 Portland: 49% Portland: 904 Deering: 567 Deering: 48% Deering: 603 Deering: 52% Deering: 1170 Casco Bay: 105 Casco Bay: 44% Casco Bay: 132 Casco Bay: 56% Casco Bay: 237 Total: 1133 Final: 49% Total: 1178 Final: 51% Total: 2311 2009-10 Portland: 450 Portland: 49.5% Portland: 459 Portland: 50.5% Portland: 909 Deering: 509 Deering: 48% Deering: 554 Deering: 52% Deering: 1063 Casco Bay: 102 Casco Bay: 41% Casco Bay: 146 Casco Bay: 59% Casco Bay: 248 Total: 1061 Final: 48% Total: 1159 Final: 52% Total: 2220

Charts 4 & 5: Difference Between Girls’ Enrollment and Participation, and Number of Girls Who Would be Participating if Participation Were Proportional to Enrollment

Deering

Year Difference between Girls’ Enrollment Percentage Additional Girls Who Would Have Played and Percentage of Girls Participating in Sports Sports If Participation Were Proportional To Enrollment and No Fewer Boys Participated 2007-08 -3.6% (higher percentage playing sports than enrolled) N/A 2008-09 4% 36 2009-10 0% 0 Average .1333% 3 over 3-year period

Portland

Year Difference between Girls’ Enrollment Percentage Additional Girls Who Would Have Played and Percentage of Girls Participating in Sports Sports If Participation Were Proportional To Enrollment and No Fewer Boys Participated 2007-08 3% 18 2008-09 0% 0 2009-10 .5% 3 Average 1.16667% 7 over 3-year period

Graphical Representation of Percentages of Male and Female Athletic Participation and Total Enrollment

Deering Athletics: Percentage Male and Female Participants

60 50 40 30 Boys 20 Girls Percentage 10 0 2007-08 2008-09 2009-10 Year

Portland Athletics: Percentage Male & Female Participants 60

20 Boys Percentage 0 Girls 2007-08 2008-09 2009-10 Year

PPS: Percentage Male and Female Students 60 50 40 30 20 Boys 10

Enrollment Girls 0

Percentage Total PPS Total Percentage 2007-08 2008-09 2009-10 Year

Levels of Competition

To determine whether athletes of each sex have competitive team schedules that equally reflect their abilities, two factors must be examined. They are:

1) Whether the competitive schedules for boy’s and girl’s teams, on a program-wide basis, afford proportionately similar numbers of male and female athletes equivalent advanced competitive opportunities.

2) Whether the institution can demonstrate a history and continuing practice of upgrading the competitive opportunities available to the historically disadvantaged sex as warranted by developing abilities among the athletes of that sex.

If the first factor is satisfied, the second need not be considered.

Deering

All teams are members of SMAA and compete at the Class A level. The one exception is ice hockey. According to the Maine Principals’ Association “Sports Classification Enrollment Cut-Offs” boys hockey has two classes: Class A and Class B. Boys’ hockey at Deering competes in Class A. Girls’ hockey, on the other hand, has only one class. Consequently, the girls’ hockey team at Deering may face lower levels of competition than their male counterparts. However, having one class for girls hockey and two for boys does not necessarily mean that girls face a lower level of advanced competitive opportunities, and, as these are MPA guidelines, not guidelines set by the school, even if they lead to a Title IX violation (which they likely do not) the school is not responsible. Taking the 2010-11 team schedules as a guide (we did not have schedules for the years covered by this audit), boys and girls teams in all sports have very similar schedules. Boys and girls soccer and basketball teams play the same number of regular season games—14 and 18, respectively—while football plays 10 games, and field hockey plays 14.

Portland

All teams are members of SMAA and compete at the Class A level. But, here again, ice hockey is the exception. Like at Deering, the girls’ hockey team at Portland may face lower levels of competition than their male counterparts. However, as noted above, having one class for girls hockey and two for boys does not necessarily mean that girls face a lower level of advanced competitive opportunities, and, as these are MPA guidelines, not guidelines set by the school, even if they lead to a Title IX violation (which they likely do not) the school is not responsible. Taking the 2010-11 team schedules as a guide (we did not have schedules for the years covered by this audit), boys and girls teams in all sports have very similar schedules. Boys and girls soccer, basketball, and ice hockey teams play the same number of regular season games, while football plays 10 games, and field hockey plays 15.

Conclusion

Statistics for the three year period in the review establish that participation levels and competitive opportunities for male and female students are substantially proportionate. PPS therefore appears to be Title IX compliant in relation to accommodation of athletic interests and abilities, the first factor to be considered.

Equal Treatment

Here we have examined whether PPS high schools provide male and female athletes with benefits, opportunities, and treatment that are equivalent in availability, quality, and kind. This analysis, particularly the area of incidental benefits provided in large part by booster clubs, was hampered by lack of consistent and reliable data. Generally, the analysis is organized according to the sub-categories for each major factor (listed above). We compared benefits, opportunities, and treatment within each sub- category of a given factor. If a difference was found we considered whether the difference was the result of a nondiscriminatory practice or whether it raised potential Title IX issues. We weighed the effect of any such disparities to determine whether they result in the denial of equal athletic opportunity to male and female athletes because the disparities are collectively of a substantial or unjustified nature and affect the institution’s program as a whole, or because the disparities in individual sub-categories are substantial enough by themselves to deny equality of athletic opportunity.

Provision of Equipment and Supplies

Equipment and supplies include but are not limited to uniforms, other apparel, sport-specific equipment and supplies, general equipment and supplies, instructional devices, and minor conditioning and weight training equipment. In assessing compliance in this area, we considered the amount, and availability of equipment and supplies, and the maintenance and replacement policies and practices of the high schools regarding equipment and supplies. We were told that equipment and supplies of equivalent grade and quality are provided to boys and girls teams, but did not independently verify this.

Deering

Chart 6: Equipment and Supplies – Summary Program Comparison

2007-2008 BOY’S Equipment Provided to Equipment Provided by Athletes Expenditure per PROGRAM Athletes Athlete Budget TEAMS Cross Country Uniforms Footwear, personal protective gear $5.27 (26 athletes) $137.06 Football Protective gear, uniforms, Footwear, personal protective gear $269.43 (22 players) $5,927.49 footballs, mouth guards Soccer Mouth guards, balls, uniforms, Footwear, personal protective gear $13.65 (54 players) $737.01 equipment Basketball Uniforms, basketballs Footwear, personal protective gear $11.53 (40 players) $461.11 Ice Hockey Pucks, uniforms, travel bags, Footwear, personal protective gear $740.53 (21 players) $15,551.11 mouth guards Indoor Track Uniforms, hurdles, Footwear, personal protective gear $1.88 (59 athletes) $111.11 implements, high jump equip. Baseball Batting jackets, uniforms, Footwear, personal protective gear $28.49 (39 players) $1,111.11 hats, batting helmets, catcher’s gear, baseballs Lacrosse Uniforms, mouth guards, Footwear, personal protective gear $14.48 (56 players) $811.11 lacrosse balls Outdoor Track Uniforms, hurdles, Footwear, personal protective gear $3.70 (30 players) $111.11 implements, high jump equipment; pole vaults Tennis Balls, uniforms Footwear, personal protective gear $22.22 (14 players) $311.11

GIRL’S PROGRAM TEAMS Cross Country Uniforms Footwear, personal protective gear $3.78 (31 athletes) $117.06 Field Hockey Protective gear, uniforms, Footwear, personal protective gear $2.87 (64 athletes) $183.95 footballs, mouth guards Soccer Mouth guards, balls, uniforms, Footwear, personal protective gear $35.98 (32 players) $1,151.46 equipment Basketball Uniforms, basketballs Footwear, personal protective gear $34.60 (35 players) $1,211.11 Ice Hockey $282.08 (27 players) $7,616.11 Indoor Track Uniforms, hurdles, Footwear, personal protective gear $2.06 (54 athletes) $111.11 implements, high jump equip. Softball Uniforms, batting helmets, Footwear, personal protective gear $18.02 (45 players) $811.11 catcher’s gear, softballs Lacrosse Uniforms, mouth guards, balls Footwear, personal protective gear $14.75 (55 players) $811.11 Outdoor track Uniforms, hurdles, Footwear, personal protective gear $4.44 (25 athletes) $111.11 implements, high jump equipment; pole vaults Tennis Balls, uniforms Footwear, personal protective gear $18.30 (17 players) $311.11 2008-2009 BOY’S Equipment Provided to Equipment Provided by Athletes Expenditure per PROGRAM Athletes Athlete Budget TEAMS Cross Country Uniforms Footwear, personal protective gear N/A No Data Football Protective gear, uniforms, Footwear, personal protective gear N/A No Data footballs, mouth guards Soccer Mouth guards, balls, uniforms Footwear, personal protective gear $17.28 (60 players) $1,036.55 Basketball Uniforms, basketballs Footwear, personal protective gear $14.98 (40 players) $599.00 Ice Hockey Pucks, uniforms, travel bags, Footwear, personal protective gear N/A No Data mouth guards Indoor Track Uniforms, hurdles, Footwear, personal protective gear N/A No Data implements, high jump equip. Baseball Uniforms, batting helmets, Footwear, personal protective gear N/A No Data catcher’s gear, baseballs Lacrosse Uniforms, mouth guards, balls Footwear, personal protective gear $4.05 (40 players) $162.00 Outdoor Track Uniforms, hurdles, Footwear, personal protective gear $0.78 (45 athletes) $35.00 implements, high jump equipment; pole vaults Tennis Balls, uniforms Footwear, personal protective gear $6.25 (20 athletes) $125.00 Wrestling Headgear, mouth guards, Footwear, personal protective gear $9.47 (25 athletes) $236.80 uniforms, wrestling mats, mat sanitizer GIRL’S PROGRAM TEAMS Cross Country Uniforms Footwear, personal protective gear N/A No Data Field Hockey Protective gear, uniforms, Footwear, personal protective gear N/A No Data footballs, mouth guards Soccer Mouth guards, balls, uniforms Footwear, personal protective gear $17.28 (60 players) $1,036.55 Basketball Uniforms, basketballs Footwear, personal protective gear $20.45 (40 players) $818.00 Ice Hockey Footwear, personal protective gear N/A No Data Indoor Track Uniforms, hurdles, Footwear, personal protective gear $12.17 (60 athletes) $730.00 implements, high jump equip. Softball Uniforms, batting helmets, Footwear, personal protective gear $33.33 (45 players) $1,499.70

catcher’s gear, softballs Lacrosse Uniforms, mouth guards, balls Footwear, personal protective gear $2.43 (40 players) $97.20 Outdoor track Uniforms, hurdles, Footwear, personal protective gear $0.78 (45 athletes) $35.00 implements, high jump equipment; pole vaults Tennis Balls, uniforms Footwear, personal protective gear $6.25 (20 players) $125.00 2009-2010 BOY’S Equipment Provided to Equipment Provided by Athletes Expenditure per PROGRAM Athletes Athlete Budget TEAMS Cross Country Uniforms Footwear, personal protective gear N/A No Data Football Protective gear, uniforms, Footwear, personal protective gear N/A No Data footballs, mouth guards Soccer Mouth guards, balls, uniforms Footwear, personal protective gear $20.73 (50 players) $1,036.55 Basketball Uniforms, basketballs Footwear, personal protective gear $17.11 (35 players) $599.00 Ice Hockey Pucks, uniforms, travel bags, Footwear, personal protective gear N/A No Data mouth guards Indoor Track Uniforms, hurdles, Footwear, personal protective gear N/A No Data implements, high jump equip. Baseball Uniforms, batting helmets, Footwear, personal protective gear N/A No Data catcher’s gear, baseballs Lacrosse Uniforms, mouth guards, balls Footwear, personal protective gear $3.24 (50 players) $162.00 Outdoor Track Uniforms, hurdles, Footwear, personal protective gear $1.17 (30 players) $35.00 implements, high jump equipment; pole vaults Tennis Balls, uniforms Footwear, personal protective gear $8.33 (15 players) $125.00 GIRL’S PROGRAM TEAMS Cross Country Uniforms Footwear, personal protective gear N/A No Data Field Hockey Protective gear, uniforms, Footwear, personal protective gear N/A No Data footballs, mouth guards Soccer Mouth guards, balls, uniforms Footwear, personal protective gear $17.28 (60 players) $1,036.55 Basketball Uniforms, basketballs Footwear, personal protective gear $27.27 (30 players) $818.00 Ice Hockey Footwear, personal protective gear N/A No Data Indoor Track Uniforms, hurdles, Footwear, personal protective gear $14.60 (50 athletes) $730.00 implements, high jump equip. Softball Uniforms, batting helmets, Footwear, personal protective gear N/A No Data catcher’s gear, softballs Lacrosse Uniforms, mouth guards, balls Footwear, personal protective gear $2.16 (45 players) $97.20 Outdoor track Uniforms, hurdles, Footwear, personal protective gear $12.43 (35 athletes) $435.00 implements, high jump equipment; pole vaults Tennis Balls, uniforms Footwear, personal protective gear $6.25 (20 players) $125.00 *$5,000 spent on Football Repair/Maintenance in the 2008-2009 and 2009-2010 school years.

Portland

Chart 7: Equipment and Supplies –Summary Program Comparison

2007-2008 BOY’S Equipment Provided to Equipment Provided by Athletes Expenditure per PROGRAM Athletes Athlete Budget

TEAMS Cross Country Uniforms Footwear, personal protective gear $66.66 (18 athletes) $1,200.00 Football Protective gear, uniforms, Footwear, personal protective gear $165.59 (55 players) $9,107.25 footballs, mouth guards Soccer Mouth guards, balls, uniforms, Footwear, personal protective gear $55.88 (41 players) $2,291.00 equipment Basketball Uniforms, basketballs Footwear, personal protective gear $5.00 (40 players) $200.00 Ice Hockey Pucks, uniforms, travel bags, Footwear, personal protective gear $833.33 (18 players) $15,000.00 mouth guards Indoor Track Uniforms, hurdles, Footwear, personal protective gear N/A No Data implements, high jump equip. Baseball Batting jackets, uniforms, Footwear, personal protective gear $19.44 (36 players) $700.00 hats, batting helmets, catcher’s gear, baseballs Lacrosse Uniforms, mouth guards, Footwear, personal protective gear $17.07 (41 players) $700.00 lacrosse balls Outdoor Track Uniforms, hurdles, Footwear, personal protective gear N/A No Data implements, high jump equipment; pole vaults Tennis Balls, uniforms Footwear, personal protective gear N/A No Data Golf N/A No Data Wrestling $22.22 $400.00 GIRL’S PROGRAM TEAMS Cross Country Uniforms Footwear, personal protective gear $150.00 (8 athletes) $1,200.00 Field Hockey Protective gear, uniforms, Footwear, personal protective gear $14.65 (35 players) $512.65 footballs, mouth guards Soccer Mouth guards, balls, uniforms, Footwear, personal protective gear $15.56 (38 players) $591.10 equipment Basketball Uniforms, basketballs Footwear, personal protective gear $5.26 (38 players) $200.00 Ice Hockey Pucks, uniforms, travel bags, Footwear, personal protective gear $294.80 (25 players) $7,370.00 mouth guards Indoor Track Uniforms, hurdles, Footwear, personal protective gear N/A No Data implements, high jump equip. Softball Batting jackets, uniforms, Footwear, personal protective gear $16.67 (30 players) $500.00 hats, batting helmets, catcher’s gear, baseballs Lacrosse Uniforms, mouth guards, Footwear, personal protective gear $18.18 (33 players) $600.00 lacrosse balls Outdoor track Uniforms, hurdles, Footwear, personal protective gear N/A No Data implements, high jump equipment; pole vaults Tennis Balls, uniforms Footwear, personal protective gear N/A No Data 2008-2009 BOY’S Equipment Provided to Equipment Provided by Athletes Expenditure per PROGRAM Athletes Athlete Budget TEAMS Cross Country Uniforms Footwear, personal protective gear N/A No Data Football Protective gear, uniforms, Footwear, personal protective gear $162.42 (38 players) $6,172.00 footballs, mouth guards

Soccer Mouth guards, balls, uniforms, Footwear, personal protective gear $71.40 (40 players)22 $312.00 + equipment $2,544.00 (for both teams) Basketball Uniforms, basketballs Footwear, personal protective gear $87.50 (44 players) $3,850.00 Ice Hockey Pucks, uniforms, travel bags, Footwear, personal protective gear N/A No Data mouth guards Indoor Track Uniforms, hurdles, Footwear, personal protective gear $27.50 (10 athletes) $275.00 implements, high jump equip. Baseball Batting jackets, uniforms, Footwear, personal protective gear $65.63 (35 players) $2,297.00 hats, batting helmets, catcher’s gear, baseballs Lacrosse Uniforms, mouth guards, Footwear, personal protective gear $24.14 (58 players) $1,400.00 lacrosse balls Outdoor Track Uniforms, hurdles, Footwear, personal protective gear $21.36 (22 athletes) $470.00 implements, high jump equipment; pole vaults Tennis Balls, uniforms Footwear, personal protective gear $32.40 (15 athletes) $486.00 Golf N/A No Data Wrestling N/A No Data GIRL’S PROGRAM TEAMS Cross Country Uniforms Footwear, personal protective gear N/A No Data Field Hockey Protective gear, uniforms, Footwear, personal protective gear $61.84 (44 players) $2,721.00 footballs, mouth guards Soccer Mouth guards, balls, uniforms, Footwear, personal protective gear $71.40 (40 players) $312.00 + equipment $2,544.00 (for both teams) Basketball Uniforms, basketballs Footwear, personal protective gear $90.00 (40 players) $3,600.00 Ice Hockey Pucks, uniforms, travel bags, Footwear, personal protective gear $54.00 (25 players) $1,350.00 mouth guards Indoor Track Uniforms, hurdles, Footwear, personal protective gear $7.74 (31 athletes) $275.00 implements, high jump equip. Softball Batting jackets, uniforms, Footwear, personal protective gear $118.54 (28 players) $3,319.00 hats, batting helmets, catcher’s gear, baseballs Lacrosse Uniforms, mouth guards, Footwear, personal protective gear $15.27 (30 players) $458.00 lacrosse balls Outdoor track Uniforms, hurdles, Footwear, personal protective gear $17.41 (27 players) $470.00 implements, high jump equipment; pole vaults Tennis Balls, uniforms Footwear, personal protective gear $13.50 (36 players) $486.00 2009-2010 BOY’S Equipment Provided to Equipment Provided by Athletes Expenditure per PROGRAM Athletes Athlete Budget TEAMS Cross Country Uniforms Footwear, personal protective gear N/A No Data Football Protective gear, uniforms, Footwear, personal protective gear $112.22 (55 players) $6,172.00

22 Portland High 2008-2009 Co-Curricular Spreadsheet indicates that 80 students played soccer but does not divide the number by sex. Consequently we have divided the number evenly between the sexes so that 40 boys and 40 girls are considered to have played soccer during the 2008-09 year. 20

footballs, mouth guards Soccer Mouth guards, balls, uniforms, Footwear, personal protective gear $7.09 (44 players) $312.00 equipment Basketball Uniforms, basketballs Footwear, personal protective gear $3.72 (44 players) $164.00 Ice Hockey Pucks, uniforms, travel bags, Footwear, personal protective gear $22.29 (14 players) $312.00 mouth guards Indoor Track Uniforms, hurdles, Footwear, personal protective gear N/A No data implements, high jump equip. Baseball Batting jackets, uniforms, Footwear, personal protective gear $65.63 (35 players) $2,297.00 hats, batting helmets, catcher’s gear, baseballs Lacrosse Uniforms, mouth guards, Footwear, personal protective gear $24.14 (58 players) $1,400.00 lacrosse balls Outdoor Track Uniforms, hurdles, Footwear, personal protective gear $21.36 (22 athletes) $470.00 implements, high jump equipment; pole vaults Tennis Balls, uniforms Footwear, personal protective gear $32.40 (15 athletes) $486.00 Golf N/A No Data GIRL’S PROGRAM TEAMS Cross Country Uniforms Footwear, personal protective gear N/A No Data Field Hockey Protective gear, uniforms, Footwear, personal protective gear $71.61 (38 players) $2,721.00 footballs, mouth guards Soccer Mouth guards, balls, uniforms, Footwear, personal protective gear $65.23 (39 players) $2,544.00 equipment Basketball Uniforms, basketballs Footwear, personal protective gear $90.00 (40 players) $3,600.00 Ice Hockey Pucks, uniforms, travel bags, Footwear, personal protective gear $9.00 (25 players) $225.00 mouth guards Indoor Track Uniforms, hurdles, Footwear, personal protective gear N/A No Data implements, high jump equip. Softball Batting jackets, uniforms, Footwear, personal protective gear $118.54 $3,319.00 hats, batting helmets, catcher’s gear, baseballs Lacrosse Uniforms, mouth guards, Footwear, personal protective gear $15.26 (30 players) $458.00 lacrosse balls Outdoor track Uniforms, hurdles, Footwear, personal protective gear $17.41 (27 players) $470.00 implements, high jump equipment; pole vaults Tennis Balls, uniforms Footwear, personal protective gear $13.50 (36 players) $486.00 *Football received $3,583 and $4,004.72 respectively in 2008-09 and 2009-2010 for equipment repair/maintenance. It was the only team allocated funds for this purpose.

Deering

Similar boys and girls teams (boys and girls basketball, for example) receive the same or very similar equipment. This is true for all years and across all sports. All athletes must also provide the same equipment for themselves. This is true across all sports and years. Finally, although we do not have complete data on the equipment budget for all sports and all years, the data we do have suggests that expenditures are generally quite similar when looked at in the aggregate. In other words, although there may be disparities within a given sport, when looked at together, the average expenditures for boys and girls across all sports are not too widely disparate. For example, in 2007-2008, Girls Basketball’s

budget was $1,211.11, or $34.60 per player. Boys Basketball only received $461.11, or $11.53 per player. Baseball, however, received $1,111.11, or $28.49 per player, while Softball only received $811.11, or $18.02 per player. For those sports where expenditures are not as equal, nondiscriminatory explanations for equipment expenditure disparities may also exist.

Portland

Similar boys and girls teams (boys and girls basketball, for example) receive the same or very similar equipment. This is true for all years and across all sports. All athletes must also provide the same equipment for themselves. This is true across all sports and years. Finally, although we do not have complete data on the equipment budget for all sports and all years, the data we do have suggests that expenditures are generally quite similar for like sports. For example, in 2007-2008, the budget for girls basketball was $200.00, or $5.26 per player, while boys basketball received $200.00, or $5.00 per player. For those sports where expenditures are not as equal, nondiscriminatory explanations for equipment expenditure disparities may also exist.

Conclusion

Portland and Deering High Schools both appear to be in compliance with Title IX with regard to the provision of equipment and supplies. It is important to note, however, that some equipment is provided to athletes by booster groups (goal keeper apparel in soccer, for instance) and that this, although not in itself a violation of Title IX, could lead to non-compliance when taken in the aggregate with other factors.

Scheduling of Games and Practice Time

The following five sub-categories are assessed in determining compliance regarding the scheduling of games and practice time:

1) Number of competitive events per sport 2) Number and length of practice opportunities 3) Time of day competitive events are scheduled 4) Time of day practice opportunities are scheduled 5) Opportunities to engage in available pre-season and post-season competition.

Because both Deering and Portland are members of the Maine Principals’ Association (MPA) and the Southern Maine Activities Association (SMAA), the start and end dates for the fall, winter, and spring seasons are standardized, and therefore boys and girls playing the same or similar sports are allowed to participate during the same window of time each year. Although these dates fluxuate slightly each year, they remain the same for both boys and girls sports taking place each season. Consequently, there is no disparity based on sex when it comes to the length of various sports seasons.23

23 For example, according to the Maine Principals’ Association Coaches’ Handbook, in 2008-2009 practice for all fall sports could begin on August 13 and run until November 3, winter sports could begin on November 17 and run until February 21, and spring sports could begin on March 23 and run until June 6. See MAINE PRINCIPALS’ ASSOCIATION, COACHES’ HANDBOOK 21 (2005); Maine Principals’ Association, Interscholastic Division, Sport Season Policy, http://www.mpa.cc/id_seasonpolicy.html (last visited Oct. 12, 2010). 22

Deering

Practice Schedules

Generally, practice schedules are dictated by game schedules. Scheduling of practices takes into account city policy requiring teams to be off city fields by 7 PM. Use of these fields must also coordinate with the public’s use. Furthermore, use of Hadlock Field and the Portland Expo must coordinate with various others uses as well (e.g., by the Portland Red Claws and the Portland Sea Dogs). The general description of the development of game schedules does not appear to contain any disparities or differences based on sex, although it is possible that inequalities may develop in the ultimate result: the final schedules. Deering, like Portland, does not retain practice schedules. However, according to the athletic director it uses the same factors in scheduling boys and girls practices.

Game Schedules

Game schedules are determined by the SMAA. All teams that qualify for post-season competition participate.

Portland

Practice Schedules

Generally, practice schedules are dictated by game schedules. Scheduling of practices takes into account city policy requiring teams to be off city fields by 7 PM. Use of these fields must also coordinate with the public’s use. Furthermore, use of Hadlock Field and the Portland Expo must coordinate with various others uses as well (e.g., by the Portland Red Claws and the Portland Sea Dogs). The general description of the development of game schedules does not appear to contain any disparities or differences based on sex, although it is possible that inequalities may develop in the ultimate result: the final schedules. Although we did not receive copies of season-long practice schedules for each team, we did receive a sample fall practice schedule covering one week of practice. Based on that limited sample schedule, and anecdotally from the athletic director, it appears that practices, which are scheduled in part based on facility availability and in part based on coach convenience, are equitable.

Game Schedules

Game schedules are made by the SMAA athletic directors. Each athletic director acts as a liaison to a particular sport. The liaison makes up the game schedule and league athletic directors vote on final scheduling. After schedules are set, league directors consult with each other to determine availability of facilities. All Portland High School teams that qualify for post season play.

Conclusion

PPS high schools appears to spend equivalent amounts on boys and girls teams in both schools and provides equivalent access to practice and games in compliance with Title IX requirements.

Travel and Per Diem Allowance

In assessing compliance in this area, we considered the following three sub-categories:

1) Modes of transportation 2) Number of students traveling 3) Travel budget

Deering

Chart 8: Travel and Per Diem – Summary Program Comparison

2007-2008 BOY’S No. of Travel Squad Modes of Transportation24 Total Transp. PROGRAM Athletes/Others Budget TEAMS Cross Country 30 athletes, 2 coaches PPS bus or Charter bus if school buses unavail. $814.45 Football 50 players, 5 coaches, 1 trainer PPS bus or Charter bus if school buses unavail. $3,212.30 Soccer Varsity & JV: 40 players, 2 coaches PPS bus or Charter bus if school buses unavail. $1,677.52

Freshman: 15 players, 1 coach Basketball Varsity & JV: 30 players, 2 coaches PPS bus or Charter bus if school buses unavail. $4,100.00

Freshman: 15 players, 1 coach Ice Hockey 18 players, 2 coaches PPS bus or Charter bus if school buses unavail. $2,100.00 Indoor Track 50 athletes, 2 coaches PPS bus or Charter bus if school buses unavail. $300.00 Baseball Varsity & JV: 30 players, 2 coaches PPS bus or Charter bus if school buses unavail. $3,000.00

Freshman: 15 players, 1 coach Lacrosse No data provided PPS bus or Charter bus if school buses unavail. $700.00 Outdoor Track No data provided PPS bus or Charter bus if school buses unavail. $1,050.00 Tennis No data provided PPS bus or Charter bus if school buses unavail. $1,200.00 GIRL’S PROGRAM TEAMS Cross Country 30 athletes, 2 coaches PPS bus or Charter bus if school buses unavail. No Data Field Hockey Varsity & JV: 35 players, 2 coaches PPS bus or Charter bus if school buses unavail. $1,608.99 Soccer Varsity & JV: 40 players, 2 coaches PPS bus or Charter bus if school buses unavail. $1,819.90

Freshman: 15 players, 1 coach Basketball Varsity & JV: 30 players, 2 coaches PPS bus or Charter bus if school buses unavail. $2,800.00

Ice Hockey No data provided PPS bus or Charter bus if school buses unavail. $2,100.00

24 All players provide their own transportation for events held in Portland except the football team because equipment transportation. True for all years. 24

Indoor Track 50 athletes, 2 coaches PPS bus or Charter bus if school buses unavail. $300.00 Softball Varsity & JV: 30 players, 2 coaches PPS bus or Charter bus if school buses unavail. $2,800.00 Lacrosse No data provided PPS bus or Charter bus if school buses unavail. $950.00 Outdoor Track No data provided PPS bus or Charter bus if school buses unavail. $950.00 Tennis No data provided PPS bus or Charter bus if school buses unavail. $850.00 2008-2009 BOY’S No. of Travel Squad Modes of Transp. Total Transp. PROGRAM Athletes/Others Budget TEAMS Cross Country 30 athletes, 2 coaches PPS bus or Charter bus if school buses unavail. $462.83 Football 50 players, 5 coaches, 1 trainer PPS bus or Charter bus if school buses unavail. $3,002.94 Soccer Varsity & JV: 40 players, 2 coaches PPS bus or Charter bus if school buses unavail. $1,146.74

Freshman: 15 players, 1 coach Basketball Varsity & JV: 30 players, 2 coaches PPS bus or Charter bus if school buses unavail. $2,289.14

Freshman: 15 players, 1 coach Ice Hockey 18 players, 2 coaches PPS bus or Charter bus if school buses unavail. $989.80 Indoor Track 50 athletes, 2 coaches PPS bus or Charter bus if school buses unavail. $100.00 Baseball Varsity & JV: 30 players, 2 coaches PPS bus or Charter bus if school buses unavail. $2,005.54

Freshman: 15 players, 1 coach Lacrosse No data provided PPS bus or Charter bus if school buses unavail. $894.43 Outdoor Track No data provided PPS bus or Charter bus if school buses unavail. $225.12 Tennis No data provided PPS bus or Charter bus if school buses unavail. $950.15 GIRL’S PROGRAM TEAMS Cross Country 30 athletes, 2 coaches PPS bus or Charter bus if school buses unavail. $462.83 Field Hockey Varsity & JV: 35 players, 2 coaches PPS bus or Charter bus if school buses unavail. $1,497.55 Soccer Varsity & JV: 40 players, 2 coaches PPS bus or Charter bus if school buses unavail. $958.89

Freshman: 15 players, 1 coach Basketball Varsity & JV: 30 players, 2 coaches PPS bus or Charter bus if school buses unavail. $1,507.59

Ice Hockey No data provided PPS bus or Charter bus if school buses unavail. $1,134.18 Indoor Track 50 athletes, 2 coaches PPS bus or Charter bus if school buses unavail. $100.00 Softball Varsity & JV: 30 players, 2 coaches PPS bus or Charter bus if school buses unavail. $1,495.97 Lacrosse No data provided PPS bus or Charter bus if school buses unavail. $1,287.09 Outdoor Track No data provided PPS bus or Charter bus if school buses unavail. $556.01 Tennis No data provided PPS bus or Charter bus if school buses unavail. $1,334.24 2009-2010 BOY’S No. of Travel Squad Modes of Transp. Total Transp. PROGRAM Athletes/Others Budget TEAMS Cross Country 30 athletes, 2 coaches PPS bus or Charter bus if school buses unavail. $462.83 Football 50 players, 5 coaches, 1 trainer PPS bus or Charter bus if school buses unavail. $3,002.94 Soccer Varsity & JV: 40 players, 2 coaches PPS bus or Charter bus if school buses unavail. $1,746.74

Freshman: 15 players, 1 coach Basketball Varsity & JV: 30 players, 2 coaches PPS bus or Charter bus if school buses unavail. $2,240.86

Freshman: 15 players, 1 coach

Ice Hockey 18 players, 2 coaches PPS bus or Charter bus if school buses unavail. $2,341.40 Indoor Track 50 athletes, 2 coaches PPS bus or Charter bus if school buses unavail. $100.00 Baseball Varsity & JV: 30 players, 2 coaches PPS bus or Charter bus if school buses unavail. $2,300.00

Freshman: 15 players, 1 coach Lacrosse No data provided PPS bus or Charter bus if school buses unavail. $1,000.00 Outdoor Track No data provided PPS bus or Charter bus if school buses unavail. $750.00 Tennis No data provided PPS bus or Charter bus if school buses unavail. $500.00 GIRL’S PROGRAM TEAMS Cross Country 30 athletes, 2 coaches PPS bus or Charter bus if school buses unavail. $462.83 Field Hockey Varsity & JV: 35 players, 2 coaches PPS bus or Charter bus if school buses unavail. $1,497.55 Soccer Varsity & JV: 40 players, 2 coaches PPS bus or Charter bus if school buses unavail. $958.89

Freshman: 15 players, 1 coach Basketball Varsity & JV: 30 players, 2 coaches PPS bus or Charter bus if school buses unavail. $1,647.15

Ice Hockey No data provided PPS bus or Charter bus if school buses unavail. $1,097.38 Indoor Track 50 athletes, 2 coaches PPS bus or Charter bus if school buses unavail. $100.00 Softball Varsity & JV: 30 players, 2 coaches PPS bus or Charter bus if school buses unavail. $1,495.97 Lacrosse No data provided PPS bus or Charter bus if school buses unavail. $1,200.00 Outdoor Track No data provided PPS bus or Charter bus if school buses unavail. $600.00 Tennis No data provided PPS bus or Charter bus if school buses unavail. $1,200.00

Portland

Chart 9: Travel and Per Diem – Summary Program Comparison

2007-2008 BOY’S PROGRAM TEAMS No. of Travel Squad Athletes/Others Modes of Transp. Total Transp. Budget Cross Country 18 athletes; 1 coach PPS bus $575.72 Football 55 athletes; 5 coaches PPS bus $1,334.08 Soccer 41 athletes; 3coaches PPS bus $1,965.96 Basketball 40 athletes; 3coaches PPS bus $3,060.00 Ice Hockey 18 athletes; 1 coach PPS bus $1,500.00 Indoor Track 25 athletes; 1.5 coaches PPS bus $300.00 Baseball 36 athletes; 3 coaches PPS bus $3,000.00 Lacrosse 41 athletes; 2 coaches PPS bus $1,145.00 Outdoor Track 21 athletes; 1 coach PPS bus $850.00 Tennis 18 athletes; 1 coach PPS bus $1,000.00 GIRL’S PROGRAM TEAMS Cross Country 8 athletes; 1 coach PPS bus $575.72 Field Hockey 35 athletes; 3 coaches PPS bus $1,406.00 Soccer 38 athletes; 3 coaches PPS bus $1,288.18 Basketball 38 athletes; 3 coaches PPS bus $2,000.00 Ice Hockey 25 athletes; 1 coach PPS bus $2,200.00 Indoor Track 20 athletes; 1.5 coaches PPS bus $300.00 Softball 30 athletes; 2 coaches PPS bus $1,400.00 Lacrosse 33 athletes; 2 coaches PPS bus $1,000.00 Outdoor Track 17 athletes; 1 coach PPS bus $850.00 Tennis 39 athletes; 1 coach PPS bus $1,000.00

2008-2009 BOY’S PROGRAM TEAMS No. of Travel Squad Athletes/Others Modes of Transp. Total Transp. Budget Cross Country 11 athletes; 1 coach PPS bus $688.00 Football 38 athletes; 5 coaches PPS bus $2,539.00 Soccer 40 athletes; 3 coaches PPS bus $2,124.00 Basketball 44 athletes; no data on coaches PPS bus $2,289.00 Ice Hockey 14 athletes; no data on coaches PPS bus $989.00 Indoor Track 10 athletes; no data on coaches PPS bus $1,400.00 Baseball 35 athletes; no data on coaches PPS bus $2,004.00 Lacrosse 58 athletes; no data on coaches PPS bus $894.00 Outdoor Track 22 athletes; no data on coaches PPS bus $269.00 Tennis 15 athletes; no data on coaches PPS bus $667.00 GIRL’S PROGRAM TEAMS Cross Country 22 athletes; 1 coach PPS bus $688.00 Field Hockey 44 athletes; 3 coaches PPS bus $1,176.00 Soccer 40 athletes; 3 coaches PPS bus $1,255.00 Basketball 40 athletes; no data on coaches PPS bus $1,507.00 Ice Hockey 25 athletes; no data on coaches PPS bus $1,507.00 Indoor Track 31 athletes; no data on coaches PPS bus $140.00 Softball 28 athletes; no data on coaches PPS bus $1,495.00 Lacrosse 58 athletes; no data on coaches PPS bus $1,287.00 Outdoor Track 27 athletes; no data on coaches PPS bus $269.00 Tennis 36 athletes; no data on coaches PPS bus $667.00 2009-2010 BOY’S PROGRAM TEAMS No. of Travel Squad Athletes/Others Modes of Transp. Total Transp. Budget Cross Country 17 athletes; 1 coach PPS bus $688.00 Football 55 athletes; 5 coaches PPS bus $2,539.00 Soccer 44 athletes; 3 coaches PPS bus $2,124.00 Basketball 44 athletes; 3 coaches PPS bus $2,291.85 Ice Hockey 14 athletes; 1 coach PPS bus $1,244.30 Indoor Track 10 athletes; 1.5 coaches PPS bus No Data Baseball 35 athletes; 3 coaches PPS bus $2,004.00 Lacrosse 58 athletes; 2 coaches PPS bus $894.00 Outdoor Track 22 athletes; 1 coach PPS bus $269.00 Tennis 15 athletes; 1 coach PPS bus $667.00 GIRL’S PROGRAM TEAMS Cross Country 8 athletes; 1 coach PPS bus $688.00 Field Hockey 38 athletes; 3 coaches PPS bus $1,176.00 Soccer 39 athletes; 3 coaches PPS bus $1,255.00 Basketball 40 athletes; 3 coaches PPS bus $2,499.97 Ice Hockey 25 athletes; 1 coach PPS bus $1,170.27 Indoor Track 31 athletes; 1.5 coaches PPS bus No Data Softball 28 athletes; 2 coaches PPS bus $1,495.00 Lacrosse 30 athletes; 2 coaches PPS bus $1,287.00 Outdoor Track 27 athletes; 1 coach PPS bus $269.00 Tennis 36 athletes; 1 coach PPS bus $667.00

Conclusion

Portland and Deering High Schools appear to be Title IX compliant with respect to travel and per diem allowances.

Coaches

In assessing compliance in this area we considered the following sub-categories:

 Receipt of Coaching 1) Relative availability of full-time coaches; and 2) Relative availability of part-time and assistance coaches.25

 Assignment of Coaches 1) Training, Experience, and Other Professional Qualifications 2) Professional Standing

 Compensation of Coaches 1) Rate of compensation (per sport, per season) 2) Duration of contracts 3) Conditions relating to contract renewal 4) Experience 5) Nature of coaching duties performed 6) Working conditions and 7) Other terms and conditions of employment

Deering

Chart 10: Coaching – Summary Program Comparison

2007-2008 BOY’S Qualifications, Head Coach Pay, Qualifications, Assistant Coaches PROGRAM Experience of Head Contract Terms, Work Experience of Assistant Pay, Contact, Work TEAMS Coach Conditions Coaches Conditions Cross Country Dick Kress (8 years) $3,071.00 N/A No assistant coaches N/A Football Greg Stilphen (10 Need breakdown Jon Gallant (6 years) years) Kevin Stilphen (1 year) Bill Presby (13 years) Soccer Andy LeFebvre (1 Need breakdown Jeff Tatarczuk (new) year) Carlos Gomez (new) Basketball Dan Legage (4 years) Need breakdown Todd Wing (new) Larry Nichols (4 years) Ice Hockey No data for this year $4,605.00 N/A No assistant coaches N/A Indoor Track Dick Kress (26 years) Need breakdown Bruce Koharian (26 years) Wrestling Al Kirk (29 years) No data for this year Baseball No data Need breakdown No data Lacrosse Bob Rothbart (1 year) Need breakdown No data

25 These figures are combined for the purposes of this Report. A third category, relative availability of graduate assistants, is not applicable in the high school context and was not considered. 28

Outdoor Track Dick Kress (26 years) Need breakdown Bruce Koharian (26 years) Tennis Gus Goodwin (1 $2,303.00 N/A No assistant coaches N/A year) GIRL’S PROGRAM TEAMS Cross Country Gerry Myatt (7 years) $3,071.00 N/A No assistant coaches N/A Field Hockey No data for this year Need breakdown No data for this year Soccer Kevin Olson (5 Need breakdown Kevin Campbell (6 years) years) Basketball No data for this year Need breakdown No data for this year Ice Hockey No data $4,605.00 N/A No assistant coaches N/A Indoor Track Kevin Campbell (6 Need breakdown Kevin Olson (5 years) years) Cheering No data for this year No data for this year Softball No data for this year Need breakdown Bob Caron (6 years) Lacrosse Andrew Gordon (4 Need breakdown No data for this year years) Outdoor track Kevin Olson (5 Need breakdown Gerry Myatt (no data years) provided) Tennis No data for this year $2,303.00 N/A No assistant coaches N/A 2008-2009 BOY’S Qualifications, Head Coach Pay, Qualifications, Assistant Coaches PROGRAM Experience of Head Contract Terms, Work Experience of Assistant Pay, Contact, Work TEAMS Coach Conditions Coaches Conditions Cross Country Dick Kress (9 years) $3,071.00 N/A No assistant coaches N/A Football Greg Stilphen (10 $7,677.00 Jon Gallant (7 years) years) Kevin Stilphen (2 year) Bill Presby (14 years) Soccer Andy LeFebvre (2 $4,605.00 Jeff Tatarczuk (1 year) years) Carlos Gomez (1 year) Basketball Dan Legage (5 years) $4,605.00 Todd Wing (1 year) Larry Nichols (5 years) Ice Hockey Jack Lowry (new) $4,605.00 N/A Indoor Track Dick Kress (27 years) $3,839.00 Bruce Koharian (27 years) Wrestling Al Kirk (30 years) $4,605.00 No data for this year Baseball No data $4,605.00 No data Lacrosse Bob Rothbart (2 $4,605.00 No data years) Outdoor Track Dick Kress (27 years) $4,605.00 Bruce Koharian (27 years) Tennis Gus Goodwin (2 $2,303.00 N/A No assistant Coaches N/A years) GIRL’S PROGRAM TEAMS Cross Country Gerry Myatt (8 years) $3,071.00 N/A No assistant coaches N/A Field Hockey No data for this year $7,677.00 No data for this year Soccer Kevin Olson (6 $4,605.00 Kevin Campbell (7 years) years) Basketball Mike Murphy (new) $4,605.00 Bill Ramonas (new) Tim Eisenhart (new) Ice Hockey No data $4,605.00 No data

Indoor Track Kevin Campbell (7 $3,839.00 Kevin Olson (6 years) years) Cheering No data for this year $4,605.00 No data for this year Softball Maggie Soule (new) $4,605.00 Bob Caron (6 years) Lacrosse Andrew Gordon (5 $4,605.00 No data for this year years) Outdoor track Kevin Olson (6 $4,605.00 Gerry Myatt (no data years) provided) Tennis No data for this year $2,303.00 N/A No assistant Coaches N/A 2009-2010 BOY’S Qualifications, Head Coach Pay, Qualifications, Assistant Coaches PROGRAM Experience of Head Contract Terms, Work Experience of Assistant Pay, Contact, Work TEAMS Coach Conditions Coaches Conditions Cross Country Dick Kress (10 years) $3,071.00 Football Greg Stilphen (11 $7,831.00 Jon Gallant (7 years) $9,394.00 years) Kevin Stilphen (2 years) Bill Presby (14 years) $9,394.00,

Soccer Andy LeFebvre (3 $4,697.00 Jeff Tatarczuk (1 year) $2,818.00 years) Carlos Gomez (1 year) $2,818.00 Basketball Dan Legage (6 years) $7,046.00 Todd Wing (1 year) $4,228.00 Larry Nichols (5 years) $3,523.00 Ice Hockey Jack Lowry (1 year) $4,697.00 N/A Indoor Track Dick Kress (28 years) $3,916.00 Bruce Koharian (27 years) Wrestling Al Kirk (29 years) Justin Toussaint (new) Baseball No data $4,697.00 No data $2,818.00

$2,818.00 Lacrosse Bob Rothbart (3 $4,697.00 No data $2,818.00 years) Outdoor Track Dick Kress (28 years) $4,697.00 Bruce Koharian (27 years) Tennis Gus Goodwin (3 $2,349.00 N/A years) GIRL’S PROGRAM TEAMS Cross Country Gerry Myatt (9 years) $3,071.00 N/A Field Hockey No data for this year $4,697.00 No data for this year $2,818.00

$2,815.00 Soccer Kevin Olson (7 $4,697.00 Kevin Campbell (8 years) $2,818.00 years) $2,818.00 Basketball Mike Murphy (1 $7,046.00 Bill Ramonas (1 year) $4,228.00 year) Tim Eisenhart (1 year) $3,523.00 Ice Hockey No data $4,697.00 No data Indoor Track Kevin Campbell (8 $3,916.00 Kevin Olson (7 years) $2,349.00 years) Cheering Brandon Ouellette Dan Svenson (new)

(new) Softball Maggie Soule (1 $4,697.00 Bob Caron (8 years) $2,818.00 year) Lacrosse Andrew Gordon (6 $4,697.00 No data for this year $2,818.00 years) Outdoor track Kevin Olson (7 $4,697.00 Gerry Myatt (no data years) provided) Tennis No data for this year $2,349.00 N/A

Portland

Chart 11: Coaching – Summary Program Comparison

2007-2008 BOY’S PROGRAM Qualifications, Experience Head Coach Pay, Contract Assistant Coaches Pay, Contact, TEAMS of Head Coach Terms, Work Conditions Work Conditions

Cross Country Varsity: Dan Deniso (14 $3,071.00 N/A No assistant coaches years) Football Varsity: Mike Bailey (25 Need breakdown years)

JV: Tony Dibiase (14 (years)

Freshmen: Mike Rutherford (17 years) Soccer Varsity: Rocco Frenzilli (27 Need breakdown years)

JV: Joe Giordano Jr. (2 year) Basketball Varsity: Joe Russo (23 years) Need breakdown

JV: Joe Giordano Jr. (2 years)

Freshmen: Joe Giordano Sr. (19) Ice Hockey Varsity: Andy Gildart (new) $4,605.00 N/A No assistant coaches Indoor Track Varsity: Carroll Nappi (20 Need breakdown years) Baseball Varsity: Tony Dibiase (14 Need breakdown years)

JV: David Levassuer (6 years) Lacrosse Varsity: Eric Begonia (5 Need breakdown years)

JV: No data provided Outdoor Track Varsity: Carroll Nappi (20 $4,605.00 N/A No assistant coaches years) Tennis Varsity: no data for this year $2,303.00 N/A No assistant coaches

GIRL’S PROGRAM TEAMS Cross Country Varsity: Sophie Payson (2 $3,071.00 N/A No assistant coaches years) Field Hockey Varsity: Beth Arsenault: (10 Need breakdown years)

JV: Katie Small/Debbie Kelley (7 years) Soccer Varsity: David Levassuer (6 Need breakdown years)

JV: Brittany Dupee (1 year)

Freshmen: David Read (6 years) Basketball Varsity: Jan Veinot (3 years) Need breakdown

JV: No data

Freshmen: No data Ice Hockey Varsity: No data for this year $4,605.00 N/A No assistant coaches Indoor Track Varsity: Liz Koharian (3 Need breakdown years) Softball Varsity: No data for this year Need breakdown

JV: No data for this year

Freshmen: No data Lacrosse Varsity: Eric Whales (new) Need breakdown

JV: Nancy Hagstrom (new) Outdoor track Varsity: Liz Koharian (3 $4,605.00 N/A No assistant coaches years) Tennis Varsity: Bonnie Moran (1 $2,303.00 N/A No assistant coaches year)

JV: Bonnie Moran (1 year) 2008-2009 BOY’S PROGRAM Qualifications, Experience Head Coach Pay, Contract Assistant Coaches Pay, Contact, TEAMS of Head Coach Terms, Work Conditions Work Conditions Cross Country Varsity: Dan Deniso (15 $3.071.00 N/A No assistant coaches years) Football Varsity: Mike Bailey (26 $7,677.00 years)

JV: Tony Dibiase (15 (years)

Freshmen: Mike Rutherford (18 years) Soccer Varsity: Rocco Frenzilli (28 $4,605.00 years)

JV: Joe Giordano Jr. (3 year) Basketball Varsity: Joe Russo (24 years) $4,605.00 32

JV: Joe Giordano Jr. (3 years)

Freshmen: Joe Giordano Sr. (20) Ice Hockey Varsity: Andy Gildart (1 $4,605.00 year) Indoor Track Varsity: Carroll Nappi (21 $3,839.00 years) Baseball Varsity: Tony Dibiase (15 $4,605.00 years)

JV: David Levassuer (7 years) Lacrosse Varsity: Eric Begonia (6 $4,605.00 years)

JV: No data provided Outdoor Track Varsity: Carroll Nappi (21 $4,605.00 years) Tennis Varsity: no data for this year $2,303.00 GIRL’S PROGRAM TEAMS Cross Country Varsity: Sophie Payson (3 $3.071.00 N/A No assistant coaches years) Field Hockey Varsity: Beth Arsenault: (11 $4,605.00 years)

JV: Katie Small/Debbie Kelley (8 years) Soccer Varsity: David Levassuer (7 $4,605.00 years)

JV: Brittany Dupee (2 year)

Freshmen: David Read (7 years) Basketball Varsity: Jan Veinot (4 years) $6,908.00

JV: No data

Freshmen: No data Ice Hockey Varsity: Courtney Rideout $4,605.00 (new) Indoor Track Varsity: Liz Koharian (4 $3,839.00 years) Softball Varsity: Dee Reagan (new) $4,605.00

JV: Roc Rulo (new)

Freshmen: No data provided Lacrosse Varsity: Eric Whales (1 year) $4,605.00

JV: Nancy Hagstrom (1 year)

Outdoor track Varsity: Liz Koharian (4 $4,605.00 years) Tennis Varsity: Bonnie Moran (2 $2,303.00 year)

JV: Bonnie Moran (2 year) 2009-2010 BOY’S PROGRAM Qualifications, Experience Head Coach Pay, Contract Assistant Coaches Pay, Contact, TEAMS of Head Coach Terms, Work Conditions Work Conditions Cross Country Varsity: Dan Deniso (16 $3,132.00 years) Football Varsity: Mike Bailey (27 $7,831.00 $9,394.00 years) $9,394.00 JV: Tony Dibiase (16 (years)

Freshmen: Mike Rutherford (19 years) Soccer Varsity: Rocco Frenzilli (29 $4,697.00 $2,818.00 years) $2,818.00 JV: Joe Giordano Jr. (4 year) Basketball Varsity: Joe Russo (25 years) $7,046.00 $4,228.00

JV: Joe Giordano Jr. (4 $3,523.00 years)

Freshmen: Joe Giordano Sr. (21) Ice Hockey Varsity: Andy Gildart (2 $4,697.00 year) Indoor Track Varsity: Carroll Nappi (22 $3,916.00 years) Baseball Varsity: Tony Dibiase (16 $4,697.00 $2,818.00 years) $2,818.00 JV: David Levassuer (8 years) Lacrosse Varsity: Eric Begonia (7 $4,697.00 $2,818.00 years)

JV: No data provided Outdoor Track Varsity: Carroll Nappi (22 $4,697.00 years) Tennis Varsity: Bob Girsch (new) $2,349.00 GIRL’S PROGRAM TEAMS Cross Country Varsity: Sophie Payson (4 $3,132.00 years) Field Hockey Varsity: Beth Arsenault: (12 $4,697.00 $2,818.00 years) $2,815.00 JV: Katie Small/Debbie Kelley (9 years)

Soccer Varsity: David Levassuer (8 $4,697.00 $2,818.00 years) $2,818.00 JV: Brittany Dupee (3 year)

Freshmen: David Read (8 years) Basketball Varsity: Jan Veinot (5 years) $7,046.00 $4,228.00

JV: No data $3,523.00

Freshmen: No data Ice Hockey Varsity: Courtney Rideout (1 $4,697.00 year) Indoor Track Varsity: Liz Koharian (5 $3,916.00 $2,349.00 years) Softball Varsity: Dee Reagan (1 year) $4,697.00 $2,818.00

JV: Roc Rulo (1 year)

Freshmen: No data provided Lacrosse Varsity: Eric Whales (2 year) $4,697.00 $2,818.00

JV: Nancy Hagstrom (2 year) Outdoor track Varsity: Liz Koharian (5 $4,697.00 years) Tennis Varsity: Bonnie Moran (3 $2,349.00 year)

JV: Bonnie Moran (3 year)

Deering

As noted above, coach availability is measured by the ratio of players to coaches for a given team. Availability creates no Title IX issues for those sports with the same number of coaches. Availability does, however, raise issues with respect to football and field hockey, and baseball and softball (for the 2009-10 year) as those teams have different numbers of coaches. At Deering, the ratio of football players to coaches was 4.4-1,26 17-1, and 12-1 for 2007-08, 2008-09, and 2009-2010, respectively. The ratio was 21.3-1, 20-1, and 40-127 over the same period for field hockey. Baseball and softball at Deering only present an issue for 2009-10, because the number of coaches in the previous two years was the same. For 2009-10, the ratio of baseball players to coaches was 15-1, and the ratio of softball players to coaches was 17.5-1. Again, taken alone, these discrepancies likely do not rise to the level of a Title IX violation, but they must be considered when looking at all of the sub-categories for this particular factor. Pay for coaches at Portland is governed by the applicable collective bargaining agreement and pursuant to the terms of those agreements in effect during the years in our survey all boys and girls coaches for similar sports are paid the same. In other words, the head boys basketball coach and head

26 This ratio appears low because the data provided lists only 22 football players for this year. 27 This ratio is higher than expected because the data provided indicate that field hockey only had 1 coach for this year. If field hockey had three coaches for this year (as it had in previous years) the ratio would be roughly 13-1. 35

girls basketball coach are paid the same amount. Furthermore, all coaches’ contracts (head and assistant) are one-year renewable. Because PPS high schools are members of the Maine Principals’ Association (MPA) all coaches must meet the same baseline qualifications for eligibility. Pursuant to the MPA coaches’ eligibility policy, persons are eligible to coach if all of the conditions laid out in that policy are met. Because this policy applies to coaches of boys and girls teams, it provides a baseline of equality for those individuals eligible to be selected as coaches. The PPS Co-Curricular Handbook notes that “the number of participants will determine whether the additional coaching position is activated for a given year and must be authorized by the Superintendent upon a recommendation of the Principal.” Portland

Coach availability is measured by the ratio of players to coaches for a given team. Because most sports have the same number of coaches for boys and girls teams, availability creates no Title IX issues for those sports. Availability does, however, raise issues with respect to football and field hockey, and baseball and softball as those teams have different numbers of coaches. At Portland, the ratio of football players to coaches was 11-1, 7.6-1, and 11-1 for 2007-08, 2008-09, and 2009-2010 respectively. The ratio was 11.7-1, 14.7-1, and 12.7-1 over the same period for field hockey. For Portland baseball, the ratio was 12-1, 11.7-1, and 11.7-1 for the years surveyed. Softball had ratios of 15-1, 14-1, and 14-1 for the same period. Taken alone, these discrepancies likely do not rise to the level of a Title IX violation, but they must be considered when looking at all of the sub-categories for this particular factor. Pay for coaches at Portland is governed by the applicable collective bargaining agreement and pursuant to the terms of those agreements in effect during the years in our survey all boys and girls coaches for similar sports are paid the same. In other words, the head boys basketball coach and head girls basketball coach are paid the same amount. Furthermore, all coaches’ contracts (head and assistant) are one-year renewable. Additionally, because PPS high schools are members of the Maine Principals’ Association (MPA) all coaches must meet the same baseline qualifications for eligibility. Pursuant to the MPA coaches’ eligibility policy, persons are eligible to coach if all of the conditions laid out in that policy are met. Because this policy applies to coaches of boys and girls teams, it provides a baseline of equality for those individuals eligible to be selected as coaches. The policy provided to us for determining whether additional coaches will be added is from the 1993-1994 academic year but we were told it is still in effect. Pursuant to that policy, the same number of participants are required for similar sports (boys soccer compared to girls soccer, for example) before a new coach will be added. The PPS Co-Curricular Handbook notes that “the number of participants will determine whether the additional coaching position is activated for a given year and must be authorized by the Superintendent upon a recommendation of the Principal.” Under each of these measures, coaching provided to boys and girls teams appears to be equivalent. In addition to the availability of assistant coaches discussed above, there are two other areas that deserve note. First, the salary of the football coach is significantly higher that the salary of football’s female comparator, field hockey. Given the length of the football season, the number of players on the team, the fact that this salary was bargained and several other factors, we do not believe this is of concern from the Title IX perspective. Of greater concern is the fact that for certain sports (football and basketball) coaches of the male teams are given the opportunity to augment their salaries by providing additional services funded by booster clubs.

Conclusion

By and large, both schools provide equal access to coaching for boys and girls. The two potential concerns are access to assistant coaches and access by coaches to additional compensation, both of which are currently funded by booster clubs. While we do not feel that, standing alone, these issues make the schools non-compliant, they are issues that should be studied.

Locker Rooms, Practice, and Competitive Facilities

In determining whether there is equivalence in this program area, we examined the following six sub-categories:

1) Quality and availability of the facilities provided for practice and competitive events 2) Exclusivity of use of facilities provided for practice and competitive events 3) Availability of locker rooms 4) Quality of locker rooms 5) Maintenance of practice and competitive facilities 6) Preparation of facilities for practice and competitive events

Deering

All teams practice on school grounds except boys hockey, which practices at the Portland Ice Arena and uses the Expo locker rooms. Memorial Field is used for practice when it is available, and availability is dictated by game schedules. All teams share and have access to school facilities equally. Varsity baseball plays home games at Hadlock Field, while girls softball plays at Payson Park. Both boys and girls outdoor track compete at Fitzpatrick Stadium, while all other teams compete at Deering High School. Spring and fall sports use Memorial Field, which is shared with outside groups when the city rents it to such groups. The City of Portland Department of Recreation and Facilities Management Athletic Facilities Usage Policy provides that the School Department has priority of use of Fitzpatrick and Memorial Stadiums, Hadlock Field, Payson Park Fields, and other athletic facilities from 2:30 to 7:00 PM on weekdays for practices as well as games, and on Saturdays until 12 noon.

Photo 1: Hadlock Field (Aerial)

Photo 2: Hadlock Field (Interior)

Photo 3: Payson Park (dugout and right field bleachers)

Photo 4: Payson Park

Photo 5: Payson Park (left field bleachers, scoreboard, and sheds)

Portland

The quality of facilities at Portland High School appears to be roughly equivalent for boys and girls teams, with the exception of baseball and softball. Whereas boys and girls teams in other sports play and practice at the same or equivalent locations (and have access to either Portland High School or Expo locker rooms), the boys baseball team plays games at Hadlock Field, while the girls softball team plays at Payson Park. These two facilities are not equal in quality, size, amenities, or proximity to the school (as indicated in the above photos). However, because of the practical differences between the two sports, it does not appear practical or possible for girls softball to play at Hadlock field. This does not, however, mean that Payson Park is an equal facility. One area where Payson Park falls noticeably short is with respect to locker room and shower facilities; it has none. Players must change at the high school itself or the Portland Expo before making their way to the field. Boys have the luxury of utilizing the facilities at Hadlock Field. Locker room facilities for other teams are roughly equivalent, although size discrepancies do exist. Again, these discrepancies do not necessarily equal a Title IX violation on their own, but must be considered when examining all sub-categories of this factor. Additionally, it is important to note that many facilities used by Portland High School teams, namely the Expo and Hadlock Field, are also used by other teams (the Sea Dogs, Red Claws, and Maine Roller Derby in particular) and the public. Consequently, athletes must occasionally vacate locker rooms to make room for other teams. If this occurs more often with teams of one sex, that difference must be considered in the analysis under this factor.

Conclusion

Portland and Deering High Schools are generally Title IX compliant with respect to locker rooms, practice, and competitive facilities. Although some locker rooms are smaller than others, and teams must share space with other groups or teams (particularly at the Expo, Payson Park, and Hadlock Stadium), these disparities likely do not amount to a Title IX violation. Reasonable efforts should be

taken, however, to equalize the use of smaller locker rooms and the sharing of space across boys and girls teams so that neither bears the brunt of the inconvenience. Additionally, because baseball plays at Hadlock Stadium (a professional caliber facility) and softball plays at Payson Park (a facility lacking locker rooms, showers, and adequate seating for fans) a significant disparity exists in these facilities. Affirmative steps should be taken to narrow the gap between facilities for baseball and softball.28

Medical and Training Facilities and Services

In assessing compliance in this area we considered the following five sub-categories:

1) Availability of medical personnel and assistance 2) Health, accident and injury insurance coverage 3) Availability and quality of weight and training facilities 4) Availability and quality of conditioning facilities 5) Availability and qualifications of athletic trainers

Deering

Total expenditures for all sports (boys and girls) were split evenly at Deering High School in 2007-08 as well, with each team receiving $129.63 worth of training. We received no information regarding training budgets for the 2008-09 or 2009-10 school years. We also received no information regarding accident and injury insurance coverage. The school’s weight room is located off the gym and is used by all teams. The facility contains primarily free weights and universal machines. Coaches supervise use of the facilities and develop training plans for their athletes. No data was provided regarding training facility schedules or times when certain teams or athletes are not allowed to use the facilities. Greg Tosi is the head trainer for Deering High School and is available to all teams. Additionally, several University of Southern Maine and University of New England student-trainers are available. Finally, Dr. Ben Huffard of Orthopedic Associates is assigned to the Football team on game day. No information additional information addressing whether Dr. Huffard is assigned to any other teams was provided.

Portland

Total training expenditures for all sports (boys and girls) were split evenly at Portland High School in 2007-2008, with each team receiving $191.77 worth of training. We received no information regarding training budgets for the 2008-09 or 2009-10 school years. We also received no information regarding accident and injury insurance coverage. According to the information provided by Portland High School, “both boys and girls teams have equal access to [the] weight training and conditioning facilities . . . at the [E]xpo and Portland High School.” No data was provided regarding training facility schedules or times when certain teams or athletes are not allowed to use the facilities.

28 We are aware that there is a plan in place to update and renovate the softball field at Payson Park. Such updating may have the effect of lessening the disparity between baseball and softball with respect to facilities. 41

Portland High School has one trainer for all teams—Audrey McKenzie. All teams also have access to student trainers.

Conclusion

The provision of medical and training facilities appears to be equivalent for all boys and girls teams, making Portland and Deering High Schools Title IX compliant for this factor.

Publicity

In assessing compliance in this area, we considered the following three sub-categories:

1) Availability of sports information personnel 2) Access to other publicity resources for men’s and women’s programs 3) Quantity and quality of publications and other promotional devices featuring men’s and women’s programs

Deering

At Deering High School the Athletic Director and an Administrative Assistant are the available sports information personnel for all teams. Scores are reported to the MPA and local media for all teams. Additionally, coaches sometimes report game scores to the local media.

Portland

At Portland High School the Athletic Director and an Administrative Assistant are the available sports information personnel for all teams. Scores are reported to the MPA and local media for all teams. Additionally, coaches sometimes report game scores to the local media.

Conclusion

Portland and Deering High Schools appear to be Title IX compliant with respect to publicity.

Provision of Support Services

In assessing compliance in this area, we considered the following two sub-categories:

1) The amount of administrative assistance provided to men’s and women’s programs 2) The amount of secretarial and clerical assistance provided to men’s and women’s programs

Deering

All sports at Deering share an administrative assistant, and coaches occasionally report scores and results to the local media. This is true for all teams.

Portland

All sports at Deering share an administrative assistant, and coaches occasionally report scores and results to the local media. This is true for all teams.

Conclusion

Portland and Deering High Schools appear to be Title IX compliant with regard to the provision of support services.

Incidental Benefits

Incidental benefits, such as team warm-up suits, end-of-year banquets, and awards are not paid directly from PPS funds but rather are supplied by booster clubs. On November 1, 2006 the School Committee adopted a policy on booster clubs (Policy KJA) to make School Department control over these clubs clear so that compliance with state and federal laws pertaining to equal opportunity and treatment of students could be ensured. The Booster Guidelines (KJA-R) adopted with this policy required that all booster clubs submit complete financial information to the School Department at the end of each season and provided that beginning in the fall season of 2007, each sport would have one combined booster club (boys and girls). Copies of the Booster Clubs Policy and Booster Guidelines are attached as Appendix A The data provided to us established that the Guidelines are not being followed. Few booster clubs provided complete financial information, as the Guidelines require, and many have provided no information whatsoever. Moreover, despite the specific requirement contained in the guidelines that there be a single booster club for each sport, financial information submitted by the clubs reflects that in some sports, there are separate clubs for each gender. Because of the lack of complete data, it is impossible to come to any accurate conclusions.

Deering

Chart 12: Booster Clubs – Summary Program Comparison

2007-2008 BOY’S PROGRAM Expenditures Expenditures Expenditures/Equipment or Services Provided TEAMS Per Athlete Cross Country* Football Soccer Basketball $23,295.29 $582.38 (40 Tee shirts; summer and team camps; practice clothing; (6/20/2007 players) food; trip expenses; trainer expenses; programs; gifts; through other expenses 5/29/2008) Ice Hockey Baseball Lacrosse

GIRL’S PROGRAM TEAMS Cross Country Field Hockey Soccer Basketball $13,005.81 $342.26 (38 No breakdown provided (8/31/2007 players) through 5/31/2008) Ice Hockey Softball Lacrosse 2008-2009 BOY’S PROGRAM Expenditures Expenditures Expenditures/Equipment or Services Provided TEAMS Per Athlete Cross Country Football $39,524.93 $465.00 (85 No breakdown provided (difficult/impossible to read (6/1/2008 players) check photocopies) through 12/31/2008) Soccer Basketball Ice Hockey $15,056.97 $836.50 (18 Coaches stipend; program ads; Christmas trees; players) tournament fees; team dinners/drinks; locker room equip; warm ups and helmets; senior gifts; ice time Baseball Lacrosse GIRL’S PROGRAM TEAMS Cross Country Field Hockey $8,936.97 $148.95 (60 Food and drinks; summer league dues; clothing; (6/1/2008 players) through 12/31/2008) Soccer Basketball29 $9,963.40 $249.09 (40 Banquet expenses; officials’ fees; photographer fees; players) programs; scholarships; senior night flowers; summer league fees; team dinners; tournament fees; travel clothing; assistant coaches fees; other expenses Ice Hockey Softball Lacrosse 2009-2010 BOY’S PROGRAM Expenditures Expenditures Expenditures/Equipment or Services Provided TEAMS Per Athlete Cross Country Football $17,339.47 $288.99 (60 Team clothing and name plates; game jerseys; players) coaches clothing; freshman bowling party; programs; advertisements; afterglow parties; food; flowers; game films; weight lifting equipment; banquet expenses

29 Figures based on 2008-09 proposed budged. 44

Soccer $13,073.09 $261.46 (50 Referee fees; food; warm ups; equipment; flowers; players) summer soccer; tee shirts; misc. expenses; scholarships Basketball $16,563.63 $473.25 (35 Banquet expenses; awards; coaches salaries; players) concessions merchandise; game taping; gym rental; fees; office supplies; postage; referees; summer camps and leagues; supplies; tee shirts; good; team gear; uniform(s) Ice Hockey $10,551.55 $586.20 (18 Coaches stipend; program ads; Christmas trees; players) tournament fees; team dinners/drinks; locker room equip; warm ups and helmets; senior gifts; ice time Baseball $5,472.00 $121.60 (45 Food and drinks; clothing allowance; assistant players) coaches salary; gifts for coaches; gifts for senior players; banquet expenses; misc. expenses Lacrosse GIRL’S PROGRAM TEAMS Cross Country Field Hockey Soccer $10,627.15 $177.12 (60 Summer soccer registration; officials; uniforms; goal players) keeping coach; summer assistant coaches fees; equipment; food; apparel; warm-ups; tee shirts; flowers; banquet expenses; player and coaches gifts; assistant coaches fees; scholarships; other expenses Basketball (all as of $8,604.00 $286.80 (30 Banquet expenses; concession purchases; coaches 3/31/10) players) fees; photographer; programs; scholarships to senior players; scrimmage costs; team dinners; travel gear; videotaping; assistant coach salary; uniforms for JV team; summer league Ice Hockey $8,537.80 $711.48 (12 Balloons; banquet expenses; jackets, pants, socks, and participants) practice jerseys; flowers; pucks; ice time; game jerseys; gifts Cheerleading $16,198.31 $261.26 (62 participants (fall and winter combined) Softball Lacrosse

Portland

Chart 13: Booster Clubs – Summary Program Comparison

2007-2008 BOY’S PROGRAM Expenditures Expenditures Expenditures/Equipment or Services Provided TEAMS Per Athlete Football $32,593.83 $592.62 (55 Gifts for coaches; food; need breakdown of rest of

(from 6/1/2007 players) expenditures (checks unreadable) through 12/31/2007 Soccer $2,293.06 $55.93 (41 Referee fees; registration fees; Yarmouth tournament; players) team banquet expenses; food; other expenses Basketball $13,743.00 $343.58 (40 Practice gear purchased; Coach’s trips and expenses players) paid for; programs; team meals; assistant coach fee; coaching clinic; player scholarship(s) Ice Hockey $7,651.48 $425.08 (18 Payments for ice time; scholarship(s); player and players) coach gifts; clothing; miscellaneous; boat cruise; other expenses Baseball GIRL’S PROGRAM TEAMS Field Hockey $1,543.75 $44.11 (35 No breakdown provided (6/21/2007 players) through 4/24/2008 Soccer $9,497.53 $249.94 (38 Summer clinic; goal keeper shirt and gloves; screen (from 7/1/2007 players) printing; other expenses through 12/32/2007 Basketball $8,778.93 $231.02 (38 Tournament fees; food for players; awards; coach’s players) gift(s); gifts for players; photographs; other expenses Ice Hockey $20,169.31 $806.77 (25 Ice time; referees; assistant coach salary; goalie coach players) salary; gift certificates; jerseys and socks; windsuits; water bottles, holders, goalie stick and pucks; captains patches; hats; tournament shirts; food and flowers; picture frames; charms and necklaces; team clothing; trips; scholarship(s); auction expenses Softball $1,360.42 $45.35 (30 Umpire fees; food; sweats for players; player gifts; players) coaches gifts; trophies 2008-2009 BOY’S PROGRAM Expenditures Expenditures Expenditures/Equipment or Services Provided TEAMS Per Athlete Cross Country Football $17,142.84 $451.13 (38 Scholarships and awards; shirts; summer coach players) payments; programs; food; jackets; other expenses Soccer $4,161.03 $104.03 (40 Summer soccer referees, registration, Yarmouth players) tournament; Lewiston play day; Team banquet (senior gifts, flowers, team tee shirts, coaches gifts, food/paper goods; team dinner for playoffs, flowers, referees for junior varsity games Basketball $11,529.00 $262.02 (44 Sneakers; team snacks and off-site meals; post-game players) pizza; pre-game team dinners; scouting expenses; assistant coach’s fees; awards and gifts; scholarship; Coach’s summer fees; AAU donations; Ice Hockey $7,761.91 $554.42 (14 Assistant coach fees; scholarship(s); food; programs; players) jackets; awards; player and coach gifts; misc. items Baseball $10,582.84 $302.37 (35 Practice uniforms; food; gifts; program printing; (3/30/2009 players) flowers for senior parents; postage; pictures; through honorariums; scholarship; trophies; gifts; picture 7/10/2009) frames; drinks; commemorative shirts and jackets

GIRL’S PROGRAM TEAMS Field Hockey Soccer No breakdown No breakdown provided Basketball $9,752.70 (for $243.82 (40 Team sweatshirts; banquet gifts; tournament and 7/2/08 through players) league fees; various other items 3/30/09) Ice Hockey $5,529.74 $221.19 (25 No breakdown provided players) Softball $2,701.28 $96.47 (28 Dues; game personnel; food; dues; assistant coach (from 4/2/09 players) salary; trophies; tee shirts; player gifts; equipment through 7/7/09) 2009-2010 BOY’S PROGRAM Expenditures Expenditures Expenditures/Equipment or Services Provided TEAMS Per Athlete Football $9,990.55 $181.65 (55 Cash prizes & movie tickets; assistant coach salaries; players) player game shirts; game cleats; phone and postage; knee braces; coaches clothing and lifting tee shirts; clothing; software; food; tech and misc. supplies; quarterback wristbands; gifts; videographer salary Soccer $5,885.23 $133.76 (44 Sweatshirts; scholarship(s); summer soccer; players) Yarmouth tournament; Lewiston play day; summer referee fees; agility ladders and hurdles; goalie gloves and shirts; agility flags; jerseys; varsity uniforms; food; equipment; coaches gifts; other expenses Basketball $16,563.63 $376.45 (44 players) Ice Hockey $5,277.38 $376.96 (14 Assistant coach salary; scholarship(s); fundraiser players) expenses; tournament fees; food; jackets for players; player and coaches gifts Baseball GIRL’S PROGRAM TEAMS Field Hockey $6,019.36 $154.40 (38 Need breakdown (6/30/09 players) through 12/31/09) Soccer $5,492.46 $140.83 (39 Referee fees; programs; food and drinks; tee shirts; (4/1/09 players) postage; plaques/awards; through 12/31/09) Basketball $9,908.84 $247.72 (40 Pictures and Posters; referee fees, food, summer team players) fees; summer league referee fees; tee shirts; tournament fees; team warm-ups; other expenses Ice Hockey $8,009.76 $320.39 (25 Windsuits; end of the year team apparel; assistant players) coach salaries; dance Softball

Graphic comparison of expenditures per athlete by booster clubs30

30 As noted above, financial information for booster clubs is incomplete for both schools, but particularly for Deering. We were thus unable to compare booster expenditures for all sports in all years. 47

Deering

Portland

Conclusion

Although booster clubs consist of private donors, funds and other benefits received from them must, as a matter of law, be considered as part of any Title IX analysis. Because of the lack of accurate records and apparent lack of oversight, it is impossible at this point to provide any meaningful analysis of this funding source.