In article <[log in to unmask]>, Eric Maiwald
<[log in to unmask]> says:
>
>Now the pep band was funded by the student union and managed and directed by
>students.  How is it discrimation if the students chose to play at the men's
>games and not the women's?  Or how is it discriminatory if we chose to play
>at the men's hockey games but not at the women's swimming meets?
 
Without getting into the "hard" legal issues involved because I don't know
much about Title IX case law or Department of Education regulations, I
offer the following...
 
Discrimination in itself isn't bad or illegal. Discrimination means making
decisions based on differences. If school's band doesn't play at women's
swim meets, but plays at men's swim meets, then there may be a problem.
The same goes for basketball. Not having the band play for one team and
not the other implies that one team is more deserving. But for what
reason? Because women's sports don't enjoy the same attendance as men's
sports? What does that have to do with anything?
 
Would it be fair to have the men's basketball team play in a nice arena,
but make the women's team play in a rundown gym? No, it wouldn't.
 
If a band gets ANY money from the federal government, it is probably
subject to Title IX. The penalty would be loss of that money.
 
_____________________________________________________________________
Ryan Robbins               "Nothing in fine print is ever good news."
University of Maine                                  -- Andy Rooney
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