BILL REQ. #:  S-1345.5 

Read first time 02/11/09.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to prohibiting unfair practices in public community athletics programs by prohibiting discrimination on the basis of sex; adding new sections to chapter 49.60 RCW; adding a new section to chapter 43.110 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.61 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.68 RCW; adding a new section to chapter 36.69 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds and declares:
     On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act. This landmark legislation provides that: "No 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...." Title IX has expanded opportunities for males as well as females in educational programs and activities, including ensuring access to athletic opportunities for girls and women in educational institutions and to male and female staff to coaching and athletics administrative positions in educational institutions. The dramatic increases in participation rates at both the high school and college levels since Title IX was passed show that when doors are opened to women and girls, they will participate.
     Further, ensuring equality in the state of Washington, the legislature passed an amendment to the state Constitution, ratified by the voters in November 1972, providing "Equality of rights and responsibilities under the law shall not be denied or abridged on account of sex." In 1975, Washington continued to be at the forefront of this issue by adopting legislation that established our own statutory version of the federal Title IX law that prohibited "inequality in the educational opportunities afforded women and girls at all levels of the public schools in Washington state."
     Athletic opportunities provide innumerable benefits to participants, including greater academic success, better physical and psychological health, responsible social behaviors, and enhanced interpersonal skills. Athletic scholarships make it possible for some young people to attend college. The Washington state legislature, recognizing the importance of full participation in athletics, has passed numerous bills directed at achieving equity and eliminating discrimination in intercollegiate athletics in the state's institutions of higher education.
     Despite advances in educational settings and efforts by some local agencies to expand opportunities in community athletics programs, discrimination still exists that limits these opportunities. It is the intent of the legislature to expand and support equal participation in athletics programs, and provide all sports programs equal access to facilities administered by cities, towns, counties, metropolitan park districts, park and recreation service areas, or park and recreation districts.
     Nothing in this act is intended to affect the holding in the Washington state supreme court's ruling in Darrin v. Gould, 85 Wn.2d 859, 540 P.2d 882 (1975) and its progeny that held it is not acceptable to discriminate in contact sports on the basis of sex.

NEW SECTION.  Sec. 2   (1) No city, town, county, or district may discriminate against any person on the basis of sex in the operation, conduct, or administration of community athletics programs for youth or adults. Cities, towns, counties, districts, and public school districts shall not authorize or grant permits or other permission to third parties for community athletics programs if the third party's program discriminates against any person on the basis of sex.
     (2) The definitions in this subsection apply throughout this section.
     (a) "Community athletics program" means any athletic program that is organized for the purposes of training for and engaging in athletic activity and competition and that is in any way operated, conducted, administered, or supported by a city, town, county, district, or public school district other than those offered by the school and created solely for the students by the school.
     (b) "District" means any metropolitan park district, park and recreation service area, or park and recreation district.
     (3) It is the intent of the legislature in enacting this section that participants shall be accorded opportunities for participation in community athletics programs on an equal basis, both in quality and scope, regardless of the sex of the athletes.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.110 RCW to read as follows:
     (1) A task force shall be established in October 2011 of interested stakeholders to compile and review the results of the reports as required under section 9 of this act and look for common themes to the types of complaints that are made statewide. The governor shall appoint members of the task force and must include, at a minimum, representatives from cities, towns, counties, park and recreation districts, gender equity support groups, and third-party community athletics programs that contract to use municipal facilities and resources. Each of the two largest caucuses of the house of representatives and the senate may submit names to the governor for consideration. Based on this review, the task force shall make recommendations to the legislature by January 1, 2012, on whether additional compliance monitoring of community athletic programs by the state is necessary to accomplish the intent of section 9 of this act, including whether there is a need for mandatory reporting guidelines.
     (2) If it is determined that additional compliance monitoring in the form of reporting is necessary, the task force shall make recommendations regarding the specifics of such reporting requirements.
     (3) Administrative costs for the task force, including per diem, travel expenses, staff time, or material production, will not be supported by public funds but may be supported by private funds.

NEW SECTION.  Sec. 4   A new section is added to chapter 35.21 RCW to read as follows:
     The antidiscrimination provisions of sections 2 and 9 of this act apply to programs and facilities operated under this chapter.

NEW SECTION.  Sec. 5   A new section is added to chapter 35.61 RCW to read as follows:
     The antidiscrimination provisions of sections 2 and 9 of this act apply to programs and facilities operated under this chapter.

NEW SECTION.  Sec. 6   A new section is added to chapter 35A.21 RCW to read as follows:
     The antidiscrimination provisions of sections 2 and 9 of this act apply to programs and facilities operated under this chapter.

NEW SECTION.  Sec. 7   A new section is added to chapter 36.68 RCW to read as follows:
     The antidiscrimination provisions of sections 2 and 9 of this act apply to programs and facilities operated under this chapter.

NEW SECTION.  Sec. 8   A new section is added to chapter 36.69 RCW to read as follows:
     The antidiscrimination provisions of sections 2 and 9 of this act apply to programs and facilities operated under this chapter.

NEW SECTION.  Sec. 9   (1) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:
     (a) Whether the selection of community athletic programs offered effectively accommodate the athletic interests and abilities of members of both sexes;
     (b) The provision of moneys, equipment, supplies, and facilities;
     (c) Assignment and compensation of coaches and game officials;
     (d) Scheduling;
     (e) Access to lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed; and
     (f) Publicity.
     (2) A court may find that a violation of a single factor listed in subsection (1)(b) through (f) of this section constitutes unlawful discrimination if the resulting harms are so substantial as to deny equal participation opportunities in community athletics programs to athletes of one sex. This standard of compliance is taken from federal law.
     (3) In making the determination of whether discrimination exists under subsection (1)(a) of this section, a court shall assess whether the community athletics program has effectively accommodated the athletic interests and abilities of both males and females in any one of the following ways:
     (a) By showing that the community athletics program opportunities for both males and females are provided in numbers substantially proportionate to their respective numbers in the community;
     (b) Where the members of one sex have been and continue to be underrepresented in community athletics programs, by showing a history and continuing practice of program expansion and allocation of resources that are demonstrably responsive to the developing interests and abilities of the members of that sex;
     (c) Where the members of one sex are underrepresented in community athletics programs, by demonstrating that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program and allocation of resources.
     (4) Beginning January 1, 2018, a community athletics program may no longer rely on subsection (3)(b) of this section to show that it has accommodated the athletic interests and abilities of both sexes.
     (5)(a) A city, town, county, district, or public school district that permits or leases its facilities and resources to third parties for usage for community athletics programs shall not authorize such permit or lease unless the third-party contractor is in compliance with this section and agrees to demonstrate compliance by filing an annual report as established in this subsection. Reports shall be submitted to the Washington state human rights commission, and notice that the report has been received shall be sent by the human rights commission to the appropriate city, town, county, district, or public school district. Each report shall cover the time period beginning on September 1st of the previous year and ending on August 30th of the year in which the report is due. Separate reports must be made for male and female teams. The city, town, county, district, or public school district may set additional reporting requirements at its discretion.
     (b) If, after reviewing the annual report, the city, town, county, district, or public school district determines that the third-party contractor has failed to comply with this section, the contractor shall be required to prepare and submit a corrective plan and timeline for full implementation prior to receiving any future permits or leases.
     (i) If the city, town, county, district, or public school district determines that the corrective plan prepared adequately addresses and provides for future compliance with this section, the plan and implementation timeline shall be approved and future permits or leases may be issued under the stipulation that the corrective plan shall be implemented according to the timeline provided.
     (ii) If a complaint is filed pursuant to subsection (7) of this section within one year following the date of the approval of the corrective plan, the city, town, county, district, or public school district shall determine whether the third-party contractor has implemented the corrective plan or has demonstrated significant efforts towards implementation according to the established timeline. If the third-party contractor has not implemented the corrective plan or has not made significant efforts towards implementation, the permit shall be revoked for one year or until the third-party contractor demonstrates an affirmative effort towards compliance with this section and with implementation of the corrective plan.
     (6) Each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this section, including the investigation of any written complaints alleging noncompliance with this section. The employee designated under this subsection may be the same person designated to issue permits to third-party contractors. For a public school district issuing permission to a third party, the employee responsible for addressing the compliance monitoring requirements established under the authority of RCW 28A.640.030 shall be responsible for the provisions established under subsection (5) of this section. The city, town, county, or district operating a community athletics program shall annually make an effort to notify its users of the name, office address, and office telephone number of the employee or employees appointed pursuant to this subsection, and of the rights entitled to them under this act. Such notification shall be published on the appropriate city, town, county, or district web site.
     (7) Each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities shall adopt and publish grievance procedures that establish the process by which complaints are filed and the procedures, including an estimated timeline, that will be used to ensure a prompt and equitable resolution of complaints. The grievance procedures must allow, at a minimum, complaints to be brought by a parent or guardian on behalf of her or his minor child who is a participant in a community athletics program, alleging any action that would be a violation of this section. The grievance procedures must be, at a minimum, published in existing publications of the city, town, county, or district and must be posted conspicuously wherever permits are issued under section 2 or 9 of this act. Public school districts issuing permission to a third party for the operation of a community athletics program on its facilities shall also follow the provisions of this subsection but may modify and use existing school district policies and procedures to the extent that is possible.
     (8) Each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities shall submit annual reports to the Washington state human rights commission regarding its compliance with this section. Public school districts issuing permission to a third party for the operation of a community athletics program on its facilities shall also submit annual reports as required by this subsection.
     (9) This section shall not be construed to invalidate any existing consent decree or any other settlement agreement entered into by a city, town, county, or district to address equity in athletic programs.

NEW SECTION.  Sec. 10   Sections 2 and 9 of this act are each added to chapter 49.60 RCW.

NEW SECTION.  Sec. 11   This act takes effect January 1, 2010.