HOUSE BILL REPORT

ESHB 1430

BYHouse Committee on Higher Education (originally sponsored by Representatives Jacobsen, Miller, Spanel, Belcher, Brough, G. Fisher, Peery, Cole, Van Luven, Appelwick, Locke, R. King, K. Wilson, Anderson, Ebersole, Grant, Hine, Holland, Kremen, Wineberry, Wang, Wood, Leonard, Prentice, Pruitt, Dellwo, Basich, Dorn, Brekke, Morris, Todd and Phillips)

Requiring gender equality in higher education.

House Committe on Higher Education

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (14)

      Signed by Representatives Jacobsen, Vice Chair; Spanel, Vice Chair; Van Luven, Ranking Republican Member; Basich, Doty, Fraser, Heavey, Inslee, Jesernig, Miller, H. Myers, Prince, Rector and Wood.

House Staff:Susan Hosch (786-7120)

AS PASSED HOUSE MARCH 14, 1989

BACKGROUND:

During 1988, a House Subcommittee of the Higher Education and Education Committees studied the opportunities available to male and female athletes in high school and college.  The committee found that, during the 1987-88 academic year, at state baccalaureate universities, female participants in intercollegiate athletic programs comprised 29 to 38 percent of the total.  These women athletes comprised between 29 to 31 percent of the athletes receiving financial aid, and their programs received between 26 to 36 percent of the available funding.

In contrast, young women competing in high school interscholastic competition comprised 39 percent of the participants. And, Washington State University was required by the courts to provide opportunities to participate in intercollegiate athletics based on the percentage of male and female enrolled in undergraduate programs at the university.

The Subcommittee recommended the introduction of legislation that would encourage equitable opportunities for male and female students.  One of the recommended bills would require equal treatment of male and female students in all aspects of college life.  Areas covered in the legislation would include access to academic programs, intercollegiate athletics, counseling and advising, financial aid, student employment, and recreational activities.

SUMMARY:

In consultation with institutions of higher education, the Higher Education Coordinating Board is directed to adopt rules and guidelines to eliminate gender discrimination, including sexual harassment, at institutions of higher education.  The areas to be covered in the rules include, but are not limited to: access to academic programs, student employment, counseling and guidance programs, financial aid, recreational activities, and intercollegiate athletics. Institutions are directed to provide services and access in each of these areas without regard to gender.

With respect to intercollegiate athletics, institutions that provide the following must do so with no disparities based on gender:

(1) Support services, such as equipment and supplies, opportunities for competition, conditioning programs,  scholarships, and the like.

(2) Opportunities to participate in intercollegiate athletics.  Institutions shall provide equitable opportunities to male and female students.

(3) Male and female coaches and administrators.  Institutions must attempt to provide participants with some coaches and administrators of each gender to act as role models.

By September 30, 1990, each institution must complete a self-study on its compliance with the requirements.  By November 30, 1990, each institution must submit a plan for compliance to the Higher Education Coordinating Board.  If the institution finds that participation in activities such as intercollegiate athletics is not proportionate to undergraduate enrollment percentages for male and female students, the plan should outline efforts to identify barriers to equal participation.  The plan should also encourage gender equity in all aspects of college or university life.

The Higher Education Coordinating Board is directed to monitor institutional compliance with these requirements. The Board may delegate to the State Board for Community College Education the responsibility for monitoring community college compliance.  The Board is directed to report biennially to the governor and the legislature on institutional compliance efforts.  The reports must include recommendations on measures to assist the institutions with their efforts.

A violation of the requirements in this act constitute an unfair practice under the Washington law against discrimination.  All rights and remedies available under that law apply.

Fiscal Note:      Requested February 20, 1989.

House Committee ‑ Testified For:    Marcia Saneholtz, Washington State University; Bob Maier, Washington Education Association; Jim Collier and Helen Remick, University of Washington; Lucinda Fernaud, Northwest Women's Law Center; Darlene Bailey and Dick Barrett, Eastern Washington University; Pat Thibaudeau, Washington Women United; and Stephanie Adams, Associated Students Washington State University.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Students in higher education should receive equal treatment regardless of race, gender, or economic circumstance.  This legislation does not provide students with any new rights; it is a list of rights they already have under the state's constitution.  However, it is a reaffirmation of this state's commitment to equality for all citizens.  Institutions that do not provide equitable treatment of men and women students are vulnerable to litigation under the federal Title IX and the state Equal Rights Amendment.  The last time institutions performed a self-study was in 1976.  These studies are a good way to identify problems, so those problems can be solved.

House Committee - Testimony Against:      None Presented.