NANCY HOGSHEAD-MAKAR 3116 St. Johns Avenue * Jacksonville, Florida 32205 [email protected] EDUCATION • Georgetown University Law Center, J.D., 1997 • Duke University, B.A. cum laude, Political Science and Women’s Studies, 1986 President’s Leadership Award. PROFESSIONAL ACTIVITIES Champion Women, 2014 – current Founder and CEO An advocacy organization for girls and women in sports. Using sport to improve the lives of girls and women. Women’s Sports Foundation, 1985 – 2014 2010 – 2014, Senior Director of Advocacy (independent consultant) Topic area responsibilities include: ensuring equal sports participation, treatment, scholarships; sexual harassment, sexual assault and abuse; disability inclusion; pregnancy discrimination, sexual orientation and sexual identity discrimination; employment discrimination; and attire issues, including forced-sexy competitive attire and Muslim women’s participation. 2003 – 2010, Legal Advisor 1995 – 2003, Board of Stewards 1992 – 1995, President 1990 – 1992, Vice-President 1985 – 1990, Board Member 1985, Summer intern Beyond writing, legal activities, public speaking and media (see below), projects included: • Represented 19 swimming victims of sexual abuse at their hands of their coaches, in a petition to prevent the sport’s Executive Director from Hall of Fame induction. Victims asserted that Swimming’s leadership knew about sexual predator-coaches, but did not protect the athletes from these coaches. Materials available here: Chuck Wielgus withdraws after five days: http://www.usatoday.com/story/sports/olympics/2014/06/02/chuck-wielgus-usa-swimming-hall- of-fame/9893275/ • Represented Speedskater Bridie Farrell, who was sexually molested by sport leader Andy Gabel, when she was 15 and he was 33. Petition to remove Gabel from the sport’s Hall of Fame, supported by 66 Speedskaters: http://www.change.org/p/u-s-olympic-speedskating-board-of- directors-remove-andy-gabel-from-the-speedskating-hall-of-fame-and-revoke-his-lifetime- membership-in-u-s-speedskating • Gathered international support for world’s elite female soccer players to play on grass, instead of turf. https://www.coworker.org/petitions/fifa-the-world-cup-should-be-played-on-natural-grass http://www.womenssportsfoundation.org/en/home/media-center-2/statements-and-media- responses/september-24-2014-statement • Wrote and organized support for NCAA re-structuring after Northwestern, a legal ruling allowing football players to unionize under labor law. • Successfully urged the United States Olympic Committee to require National Governing Bodies to prohibit romantic and sexual relationships between coaches and athletes, regardless of age or consent. • Co-wrote and organized 56 organizations and individuals to support Office for Civil Rights 2011 Guidance on sexual violence in education. • Effort to create a to create a separate, independent entity to investigate and sanction sexually abusing coaches, outside the United States Olympic Committee, where Title IX offers no legal protection to athletes. • Draft federal legislation to create entity akin to the United States AntiDoping Association. • Cooperation with congressional representatives re; sexual abuse in club and Olympic sports. • Wrote and organized letter to NCAA on revenue distribution, to be consistent with the educational mission of athletics, rather revenue based on winning. • Wrote and organized protest of the NCAA’s failure to monitor member institution’s Title IX compliance through a mechanism formerly called Certification. • Wrote letters to NCAA leadership re; structuring Certification’s replacement, Institutional Performance Program (IPP), with support from the original drafters of Certification. • Incorporated research into support for state legislation that now requires schools to publish the number of male and female students provided with a sports experience. • Wrote and organized petition to remove GoDaddy! as a sponsor of intercollegiate sports. Florida Coastal School of Law, Jacksonville, Florida. 2007 – 2013, Full Professor with tenure 2004 – 2007, Associate Professor 2001 – 2004, Assistant Professor Courses Taught & Teaching Awards: • Torts I and Torts II, Sports Law, Amateur Sports Law, Sports Law Seminar, Gender Equity in Athletics Seminar, Sports Law Skills, Products Liability. • Steadily mentored independent study projects and oversaw research assistants. • “Favorite 1L Professor” 2004. • Sports Business Law, University of Central Florida’s DeVos Sport Business Management Program, Orlando, Florida, 2003. • (List of service to school available upon request) Holland & Knight, LLP, Jacksonville and New York City offices 1997 – 2001, Litigation and Public Law Departments SWIMMING ACHIEVEMENTS • 1984, Won three gold medals and one silver medal at the Los Angeles Olympics. The most decorated swimmer at the Games. • 1977, at the age of 14, the only American swimmer to be ranked number one in the world in an international event. • In 2000, ranked by Sports Illustrated as Florida’s 13th greatest athlete of the 20th Century. • Numerous records during eight years on the United States National Swimming Team. • Undefeated in High School and Collegiate dual meet competitions. • Major Swimming Awards: Nathan Mallison Award, Florida’s outstanding amateur athlete, 1978. Kiphuth Award, the best all-around U.S. swimmer, 1984. Sullivan Award nominee, 1978. Comeback Swimmer of the Year Award, 1983. Member of eleven halls of fame, including the International Swimming Hall of Fame. 1. Leadership Positions: 2 • Board Member, Aspen Institute, “Sport and Society” 2011 – Present • Advisory Board Member, Association of Title IX Administrators “ATIXA” 2011 – Present • Evaluator, United States Anti-Doping Agency (“USADA”) for missed and positive drug tests. Participate in hearings to determine if a “missed test” will be considered a “positive test”. 2003- present • Co-Chair, American Bar Association (ABA) Committee on the Rights of Women. (2004-2013) • Board Member; The Forum for the Scholarly Study of Intercollegiate Athletics in Higher Education. • Editorial Board of the Journal of Intercollegiate Sport. (2009 - 2013) • The Florida Governor's Council on Physical Fitness, 2007- 2010. The council provided Governor Crist with a state plan of action to promote physical fitness and nutrition, particularly among children. • Founding Member of FCSL’s Sports Law Center, offering students a certificate in Sports Law program. 2004-2013. 2. Scholarship: • Books: o EQUAL PLAY: TITLE IX AND SOCIAL POLICY, co-authored with Andrew Zimbalist, economist at Smith College, Temple University Press, November, 2007. o NCAA PREGNANT AND PARENTING STUDENT-ATHLETES: RESOURCES AND MODEL POLICIES, November 2008. With d Elizabeth A. Sorensen, Ph.D., RN, CNOR, FAR. § The materials include a review of federal law and NCAA rules impacting treatment of pregnant and parenting student-athletes, and model policies for coaches, athletics trainers and administrators. http://www.ncaa.org/about/resources/inclusion/pregnant-parenting-student- athletes o ASTHMA AND EXERCISE, Henry Hold and Company. Stories of successful world-class athletes controlling their asthma, and gives detailed instruction for asthmatics to exercise safely, with Gerald Cousins, 1990. • Book Chapters: o The Ethics of Title IX and Gender Equity for Coaches, in THE ETHICS OF COACHING SPORTS; MORAL, SOCIAL AND LEGAL ISSUES, edited by Robert L. Simon, 2013. http://digitalcommons.brockport.edu/bookshelf/304/ o S. Klein (Ed.)., HANDBOOK FOR ACHIEVING GENDER EQUITY THROUGH EDUCATION, Sage Publications. (2007). Co-authored a chapter regarding gender equity in physical education and sport with Staurowsky, E. J., N., Kane, M. J., Lerner, P., Wughalter, E., & Yiamyiannis, A. (2007). http://www.feminist.org/education/HandbookContents.pdf th o CREATING AMERICA, READING AND WRITING ARGUMENTS, 4 Edition, The Ongoing Battle Over Title IX. Chapter in undergraduate text on persuasive writing. o Success Is A Learned Skill; in AWAKEN THE OLYMPIAN WITHIN, (2000). Edited by John Naber. • Law Review Articles: o Nancy Hogshead-Makar, Hurricane Warning Flags for All Olympic Sports: Biedieger v. Quinnipiac, BOSTON COLLEGE LAW REVIEW, Spring 2011. Available at: http://lawdigitalcommons.bc.edu/bclr/vol52/iss2/4/ § Argues that men's Olympic sports should pay attention to the tricks being played against women as revealed in the most recent case, Biediger v. Quinnipiac. The university practices cheated women out of real athletic experiences. Men's Olympic sports are next, inevitably. Our futures are tied, and we should work to preserve the educational mission of athletics. § Over 750 full-text downloads o Nancy Hogshead-Makar, Attitudes, Platitudes and the Collegiate Sports Arms Race: Unsustainable Spending and Its Consequences for Olympic and Women’s Sports, JOURNAL ON INTERCOLLEGIATE SPORTS, Vol. 3, Issue 1, June 2010. 3 § Despite collegiate athletic budgets increasing at 7% per year for the past decade (well ahead of spending in education broadly), very little of that money is going to expand opportunities for men and women in athletics, and that the undue focus on two men’s sports creates a very difficult employment and administrative environment for women. o Foul Play; Department of Education Creates Huge Title IX Compliance Loophole, with Donna Lopiano, CEO of the Women’s Sports Foundation, BARNARD SCHOLAR & FEMINIST ONLINE, The Cultural Value of Sport: Title IX & Beyond, June, 2006. Peer- reviewed interdisciplinary journal. o Nancy Hogshead-Makar, Tilting the Playing