WSR 97-22-068

EXPEDITED ADOPTION

HIGHER EDUCATION

COORDINATING BOARD

[Filed November 4, 1997, 8:19 a.m.]

Title of Rule: WAC 250-71-050 Intercollegiate athletics.

Purpose: The rule sets a goal for participation of women in intercollegiate athletics.

Statutory Authority for Adoption: Chapter 28B.85 RCW.

Statute Being Implemented: Chapter 28B.110 RCW.

Summary: Increase the goal for participation in intercollegiate athletics for [from] 39% to 42% which is consistent with the 1995-96 participation rate in Washington high schools.

Reasons Supporting Proposal: Relates only to internal governmental operations and cannot be violated by a person and was subject of negotiated rule making.

Name of Agency Personnel Responsible for Drafting: Susan Patrick, Olympia, 753-7811; Implementation and Enforcement: Kathe Taylor, Olympia, 753-7815.

Name of Proponent: Higher Education Coordinating Board.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The goals were agreed to by higher education institutions.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The goal is to increase the participation rate for women in intercollegiate athletics for [from] 39% to 42% to increase the rate to meet that achieved by the state's high school[s] and as a step toward equity.

Proposal Changes the Following Existing Rules: The goal is to increase the participation rate for women in intercollegiate athletics for [from] 39% to 42% to increase the rate to meet that achieved by the state's high school[s] and as a step toward equity.

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Susan Patrick, Higher Education Coordinating Board, 917 Lakeridge Way, P.O. Box 43430, Olympia, WA 98504-3430, AND RECEIVED BY January 3, 1998.

October 26, 1997

Susan Patrick

Director of Governmental Relations

AMENDATORY SECTION (Amending WSR 90-24-023, filed 11/29/90, effective 12/30/90)

WAC 250-71-050 Intercollegiate athletics. Institutions which provide intercollegiate athletics shall do so with no disparities based on gender, according to the following standards:

(1) No sports may be excluded or treated separately for purposes of meeting any of the requirements of this section.

(2) Institutions shall provide equitable opportunities for participation for males and females in intercollegiate athletics:

(a) Intercollegiate athletics shall include all sports recognized by the NCAA, NAIA, and NWAACC, plus the sport of crew.

(b) Consistent with RCW 28B.15.460, satisfactory progress toward the goal of equitable opportunity, as of July 1, 1994, will be assumed if, by that date, the number of opportunities for participation in athletics for female students meets or exceeds the approximate rate (((39%)) 42%) at which high school girls participated in interscholastic athletics in the state of Washington in ((1990)) 1995-96.

(c) After 1994, institutions shall show continuing progress toward the goal of providing numbers of opportunities for participation in athletics for male and female students proportional to their respective undergraduate enrollments at the institutions.

(3) If any benefits, services, or facilities are provided, they shall be made available proportionally, across the athletic program considered as a whole. Institutions which provide higher levels of support to some sports than to others shall ensure that male and female athletes experience the benefits of such enhanced support in an equal proportion to their participation rates. Examples of such benefits include:

(a) Equipment, supplies, laundry services

(b) Medical care, services, and insurance

(c) Scholarships and all other forms of financial aid or benefits from any source related to the students' status as an athlete

(d) Opportunities to receive coaching and instruction, including academic tutoring

(e) Conditioning programs

(f) Opportunities for competition, including pre- and post-season opportunities and levels of competition

(g) Transportation and per diem allowances

(h) Assignment of game officials

(i) Scheduling of games and practice times, including use of courts, gyms, and pools.

(j) Publicity and awards

(k) Showers, lockers, toilets, training room facilities.