Full text of Women's Educational Equity Act of 1973 : Hearings Before the Subcommittee on Education of the Committee on Labor and Public Welfare, United States Senate, Ninety-Third Congress, First Session, on S. 2518, October 17 and November 9, 1973

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WOMEN'S EDUCATIONAL EQUITY ACT OF 1973

HEARINGS
BEFORE THE

SUBCOMMITTEE ON EDUCATION
OF THE

COMMITTEE ON

LABOR AND PUBLIC WELFARE
UNITED STATES SENATE
NINETY-THIRD CONGRESS
FIRST SESSION
ON

S. 2518
TO AUTHORIZE THE SECRETARY OF HEALTH, EDUCATION,
AND WELFARE TO MAKE GRANTS TO CONDUCT SPECIAL
EDUCATIONAL PROGRAMS AND ACTIVITIES DESIGNED TO
ACHIEVE EDUCATIONAL EQUITY FOB ALL STUDENTS, MEN
AND WOMEN, AND FOB OTHER RELATED EDUCATIONAL
PURPOSES

OCTOBER

AND NOVEMBERa

1973

tR17 IH'ilVERSnT

SCHCOTcf

Printed for the use of the Committee on Labor and Pub

U.S.
24-726

For

GOVERNMENT PRINTING OFFICE
WASHINGTON 1973
:

sale by the Superintendent of Documents, U.S. Government Printing OflBce
Washington, D.C., 20402 - Price $3.15

COMMITTEE ON LABOR AND PUBLIC WELFARE
HARRISON A. WILLIAMS, Jr., New Jersey, Chairman
JACOB K. JAVITS, New York
JENNINGS RANDOLPH, West Virginia
PETER H. DOMINKUC, Colorado
CLAIBORNE PELL, Rhode Island
EDWARD M. KENNEDY, Massachusetts
RICHARD S. SCHWEIKER, Pennsylvania
ROBERT TAFT, Jr., Ohio
GAYLORD NELSON, Wisconsin
WALTER F. MONDALE, Minnesota
J. GLENN BEALL, Jr., Maryland
ROBERT T. STAFFORD. Vermont
THOMAS F. EAGLETON. Missouri
ALAN CRANSTON, California
HAROLD HUGHES, Iowa
WILLIAM D. HATHAWAY, Maine
Stewart E. McClure^ Staff Director
Robert E. N.\<;le, General Counsel
Boy H. Millbnson, Minority Staff Director
Eugene Mittelm.\n, MinoriUi Counsel

Subcommittee on Education

CLAIBORNE PELL, Rhode Island, Chairman
PETER H. DOMINICK, Colorado
JENNINGS RANDOLPH, West Virjiinia
HARRISON A. WILLIAMS, Jr., New Jersey JACOB K. JAVITS, New York
RICHARD S. SCHWEIKER, Pennsylvania
EDWARD M. KENNEDY, Massachusetts
J. GLENN BEALL, Jr., Maryland
WALTER F. MONDALE, Minnesota
ROBERT T. STAFFORD, Vermont
THOMAS F. EAGLETON, Missouri
ALAN CRANSTON, California
WILLIAM D. HATHAWAY, Maine
Stephen J. Wexlbr, Counsel
Richard D. Smith, Associate Counsel
Roy H. Millenson, Minority Professional Staff Member
(H)

,i::

CONTENTS
Page
3

S. 2518, text of

CHRONOLOGICAL LIST OF WITNESSES
Wednesday, October
Howe,

17,

1973

Harold, II, vice president for Education Research,

Ford Founda-

New

York, N.Y
Eraser, Arvonne, president, Womens Equity Action League (WEAL)
Clark, Shirley M., acting assistant vice president for Academic Administraand Joan Aldous. professor of sociology
tion, University of Minnesota
and chairwoman, Council for University Women's Progress, University
tion,

14
21

;

of Minnesota

Sandler, Dr. Bernice, director. Project on the Status and Education of
Women, Association of American Colleges, Washington, D.C
Schlossberg, Nancy K., director. Office of Women in Higher Education,
American Council on Education
Scott, Ann, Vice President for Legislation, Higher Education Task Force,
National Organization for Women

Fkiday, November

36
64
69

1973

King, Billie Jean, professional tennis player
Saunders, Charles B., Acting Assistant Secretary for Education Charles
M. Cooke, Jr., Deputy Assistant Secretary for Legislation, Education
Peter Holmes, Director, Office for Civil Rights Holly Knox, Cochairperson. Commissioner's Task Force on Women in Education Corinne
Rieder, Assistant Director for Career Education, National Institute of
I^ducation and Joan Thompson, Federal Women's Program Coordinator,
U.S. Office of Education, representatives from the Department of Health,
Education, and Welfare, a panel
Kilberg, Barbara Greene, vice president of the National Women's Political

;

129

Caucus
Stevenson, Margaret, assistant executive secretary for program. National
Education Association accompanied by Mary Condon Gereau, senior
legislative consultant, Government relations, NEA
Heddesheimer, Janet, assistant professor of education, George Washington University, representing the American Personnel and Guidance
Association
;

136

140

STATEMENTS
Clark, Shirley M., acting assistant vice president for Academic Administraand Joan Aldous, professor of sociology
tion, University of Minnesota
and chairwoman. Council for University Women's Progress, University
of Minne.sota
Eraser. Arvonne, president, Womens Equity Action League (WEAL)
Heddesheimer, Janet, assistant professor of education, George Washington University, representing the American Personnel and Guidance
Association
Howe, Harold, II, vice president for education research. Ford Foundation,
;

New

York, N.Y

Kilberg, Barbara Greene, vice president of the National
cal

Caucus

King, Billie Jean, professional tennis player

(m)

Women's

29
21

140
14

Politi-

129
76

IV
Siuuller. Dr. Bernice, director, Project

Women, Association

American

on the Status and Education of
Washington, D.C

Colleges,

Prepared statement
Saunders. (Miarles B.. Acting Assistant Secretary for Education Charles
M. Cooke. Jr., Deputy Assistant Secretary for Legislation, Education;
Peter Holmes. Director, Oflice for Civil liights Holly Knox. Cochairperson. Commissioner's Task Force on Women in Education Corinne
Rieder. Assistant Director for Career Education, National Institute of
Education and Joan Thompson, Federal Women's Program Coordina-

Page

36
44

;

U.S. Office of Education, representatives from the Department of
Health, Education, and Welfare, a panel
Schlossherg, Nancy K., director, Office of Women in Higher Education,
tor,

American Council on Education
Ann, vice president for legislation. Higher Education Task Force,

Scott,

National Organization for Women
Stevenson. Margaret, assistant executive secretary for progi-am. National
Education Association accompanied by Mary Condon Gereau, senior
legislative consultant, Government relations. NEA
Wise, Helen, president of the National Education Association, prepared

;

136

134

statement

ADDITIONAL INFORMATION
Exhibits
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
:

103
113
115
117
118
121
122
88

2
3

4
5

6
7
8

APPENDIX
Statements

Stern, Marjorie, chairwoman. Women's Rights Committee
Timmons, Helen, chairwoman. Association I>egislative Program Committee, American Association of University Women

145
147

Report
Commissioner's Task Force on the Impact of Office of Education Programs on Women. U.S. Office of Education, Department of Health,
149
Education, and Welfare, November 1972
Correspondence from
Office of Civil Rights. Department of Health, Education, and Wel231-284
fare, with attachments
Kiernan, Owen B., executive secretary. National Association of Sec285
ondary School Principals
Ritter, Fern C, president. National Council of Administrative Women
in Education
288
Roby, Pamela, cochair. Social Issues Committee, Sociologists for
Women in Society
289
Steinhilber, August W., assistant executive director. Federal Relations, National School Boards Association
291
:

Newspaper and periodical articles
"Women Lose Power in Public Schools," by Andrew Barnes, from
the Washington Post, September 15, 1973
"Mothers Carry Women's Lib Message to Grade School," by Lisa Hammel, from the New York Times, January 8. 1972
"Sexism and SchooLs Feminists and Others Now Attack Sex Bias
in Nation's Classrooms," by Everett Groseclode. from the Wall
:

—

Street Journal, October

1973

"End to Sex Discrimination Urged in Denver Schools," by Alan Cunningham
"Dissatisfied With Progress More and More Women Turn to Courts
to Press Claims on Colleges," by Cheryl M. Fields, from the Chronicle of Higher Education, June 4, 1973

—

293

294

296
298

299

—

Newspaper and periodical

articles
Continued
Unfair to Women," by Bil Gilbert and Nancy Williamson, Page
302
from Sports Illustrated, May 28, 1973
Are You Being Two-Faced?" by Bil Gilbert
"I'art 2 Women in Si)ort
310
and Nancy Williamson, from Sports Illustrated, June 4, 1973
"Part 3: Women in Sport Programed to be Losers." by Bil Gilbert
316
and Nancy Williamson, from Sports Illustrated, June 11. 1973
"Giving Women a Sporting Chance," by Brenda Feigen Fasteau, from
321
Ms.. July 1973
Background material
"Women in Fellowship and Training Programs," liy Cynthia L. Attwood, project on the status and education of women of the Associ327
ation of American Colleges, and the Exxon Education Foundation—
"Women and American Higher Education," by Pamela Roby, from the
annals of the American Academy of Political and Social Science,
347
November 1972
"Institutional Barriers to Women Students in Higher Education," by
369
Pamela Roby, from Academic Women on the Move, 1973
"Wanted More Women: Where Are the Women Superintendents?" by
Charlene Dale, chairman. National Council of Administrative
389
Women in Education, Committee on the Status of Women
"Sex Role Stereotyping in the Public Schools," by Terry N. Saario,
the Ford Foundation. Carol Nagy Jacklin, Stanford University,
397
and Carol Kehr Tittle, University of New York
"A Feminist Look at Children's Books," by the Feminists on Chil415
dren's Literature
"Changing Patterns in Women's Lives," from the National Informa421
tion Center, Vol. 1. No. 2, September 1972
'•Sport Is

—
—

—

Selected tables

Estimated Number of FuU-Time Public School Professional Employees, by Sex, 1970-71
Distribution of Administrative Positions Held by Men and Women
in the Public Schools of 30 States
Distribution of Administrative Positions Held by Men and Women in
the Public Schools of Selected Large City School Systems

393
394

396

WOMEN'S EDUCATIONAL EQUITY ACT OF
WEDNESDAY, OCTOBER

1973

17,

U.S. Senate,

Subcommittee on Education of the
Committee on Labor and Public Welfare,
Washington^ D.C.

The subcommittee met pursuant
Dirksen

Office

to notice, at 10 a.m. in

room

4232,

Building, Hon. Walter F. Mondale, presiding pro

tempore.
Present Senator Mondale.
Staff members present Ellen Hoffman and A. Sidney Johnson, III,
professional staff members.
Senator Mondale. I am pleased to call to order this hearing of the
Senate Subcommittee on Education on S. 2518, the Women's Educational Equit}^ Act. I am grateful to Senator Pell, chairman of the
Subcommittee on Education, for allowing me to chair hearings on this
bill. I would also like to commend Representative Patsy Mink of
Hawaii for her role in developing this legislation and conducting
hearings on.it in the House of Representatives.
large portion of my career in the Senate has been devoted to the
study of education and to attempts to improve the system and make
:

accessible to all Americans.
In the 1960's many years too late we finally became aware as a
Nation of the failure of our educational system to serve the disadvantaged child, the migrant child, the Indian child living on a reservation, the black and Chicano children in inner city ghettos and iso-

its benefits

—

lated rural areas.

In the Congress, in the executive branch, and in the education estabmomentum developed for the creation of new programs that
would provide all of these children with the opportunity for a decent
education. We passed the Elementary and Secondary Education Act
of 1965 and the Higher Education Act, and other legislation aimed at

lishment,

achieving this goal.
And for nearly 3 years, as chairman of the Senate Select Committee
on Equal Education, T studied and saw with my own eyes on trips
across the country the human tragedies resultinir from discriminatory educational policies.
There is no question tliat, for a Nation of imjaigrants, education
has been a key facte- n^ the aehievemert
f
'cononiic and social

—

well-being.

has been a very imsettling experience for many of us to learn
work done in recent years by the AvomenV move

as a result of the

(1)

—

ment that for years the educational system has actually been discriminating against the majority of our population women.
The evidence of this discrimination is both abundant and convincing. I am confident that witnesses testifying on this bill will provide
us with some of this well-documented evidence.
Congress recognized the validity of the evidence of discrimination
last year, when it enacted legislation prohibiting sex discrimination in
all educational institutions
except private, undergraduate, one-sex

—

new program known as Title IX go
into effect, we will have a mechanism for assuring compliance in institutions that now discriminate. But, as the civil rights movement has so
clearly demonstrated, it is only through affirmative action that we
eliminate discriminatory policies and replace them with equitable ones.
I consider the legislation before the subcommittee today a logical
complement to Title IX. It would provide support for a wide variety of
programs seeking to eliminate discrimination in many phases of education. Textbook and curriculum revision, inservice and preservice
training, and similar actvities are simply not getting enough support
now from private sources to have a widespread effect.
I have been impressed by the interest and enthusiasm about this bill
demonstrated by a broad range of education and women's organizations, and I look forward to the testimony they will present.
[The bill referred to follows :]
colleges. When guidelines

for this

93d

congress

1st Session

2518

IN THE SENATE OF THE UNITED STATES
October

1973

Mr. MoxDALE (for himself, Mr. ABontEZK. Mr. IIaut, Mr. Hathaway, Mr.
HiMPHKEY. Mr. SciiwKiKEi!. iiiul Mr. Williams) introduced the followintr
hill; wjiich w:is read twice and referred to the ("oniniittee on Labor and
Public AVeifare

A
To

BILL

autliorize the Secretary of Health,

grants to conduct special educational programs and

make

activities

dents,

Education, and Welfare

designed to achieve educational equity for

men and women, and

all

stu-

for other related educational

purposes.
1

4
5

enacted hy the Senate and House of Representa-

tives of the

United States of America in Congress assembled,

Section

This Act

may be

cited as the

"Women's

Educational Equity Act of 1973".

Seo.

(a)

The Congress hereby

that present educational

inequitable as they relate to

groups and

II— O

programs

liinit their full

women

in the

finds

and declares

Tniled States are

of all cultural

participation in

and ethnic

American

society.

4
2
1

(h)

the purpose of this Act, in order to provide

women

in this country, to

etliiciitional ecpiity fo.

the

demonstrate the use of

lioual

provide support for the initiation and maintenance of pro-

grams concerning

school through adult education)

materials and other information for use in educational pro-

10
11

deveh)pment

programs and

new and improved

throughout

grams

for

to evaluate the effectiveness thereof; to

the

i)arents,

curriculums;

curriculums in model educa-

sucli

women

grams

encourage

at all levels

;

IS'ation;

education

(pre-

to disseminate instructional

provide

pro-

training

other educational personnel,

teachers,

youth and guidance counselors, connnunity leaders, lahor

1-'

leaders, industrial

ployecs at the State, Federal, and local level

the planning of

proved

to i)rovide for

programs on the

in this society;

semination of materials for use in mass media,

Sec.

;

in this

Act

phj'sical education

There

Council

to provide
for

any

women
and

of the activities funded.

on Women's

grams (hereinafter referred

dis-

he construed as prohibit-

hereby estabhsh within the

programs;

for the preparation

shall

participating in

provide for

centers; to provide im-

and opportunities

status, roles,

and to provide

(a)

Education

and

and government em-

community education programs;

Nothing

men from

leaders,

women's resource

cai^eer, vocational,

(c)

ing

and business

to as the

Educational

Office

Pro-

"Council") consisting

3
1

women) appointed by

sist of

sectors with due regard to their

relating to the role

twenty-one members

(including not

the President.

and

status of

women

sentation.

partment of Labor, the Chairman

Council on the Status of

The Director

Department

Action Program

Council.

shall con-

The President

its

American

society,

to geographical repre-

De-

in the

of the Citizens'

Women, and

shall

carry out

Women's Bureau

Advisory

the Director of the

and Welfare's Women's

serve as ex

shall

The Council

facilities to

(b)

of the

of Health, Education,

and

The Council

twelve

knowledge and experience

and with due consideration being given

1'^

than

persons broadly representative of the public and private

less

officio

members

be provided with adequate
duties as prescribed

shall

appoint one

Chairman. The Chairman

staff

Act.

this

member

the

Council to serve as

pcnsated at a rate not to exceed the m.aximum rate prescribed

for

Code.

its

grade GS-17 in section 5332

(c)

of title 5,

The remaining twenty members

shall

be com-

United States

of the

Council shall

serve without compensation, except that they shall be allowed

travel

business of the Council as authorized

24
25

and subsistence expenses while actually engaged

section

5703

in the

of title

United States Code.
(d) 'The

of three

members

of the Council shall serve for

years each, except that the

initial

terms

appointments

shall

4
1

be made in accordance with procedures designed to allow for

the staggering of appointments so that the

bers

the same as the

any other year.

will be

whose terms expire

any year

nmnber

members whose terms

(e)

(1)

and Welfare

tary") concerning the administration

mem-

approximately
expire in

The Council shall—

member

advise

the

under

(2)

referred

(hereinafter

general regulations
sisted

Secretary of Health,

this

for,

of,

and operations

Education,
the

"Secre-

preparation

of,

programs

as-

of,

Act;

make recommendations

to the Secretary

with

respect to the allocation of

Act, with due respect to the criteria developed to in-

sure

proved programs and projects throughout the Nation;

gram

develop criteria for the establishment of pro-

priorities;

(4)

develop programs and procedures for review

of projects assisted

develop

(5)

pendent report

under

Sec.

to this

an appropriate geographical distribution of ap-

(3)

any funds pursuant

this

under

and

of the

this

Act annually; and

disseminate

programs and

annual

inde-

activities authorized

Act.

(a)

recommendations

The Council

shall advise,

review and make

for the administration of the

programs au-

and the coordination

thorized

within

women's educational programs.

this

Federal

the

(b)

Act,

Government

The Secretary

which

are

activities

shall annually present to the Council

a design for a program of making grants

with, institutions of higher education, State and local educa-

tional

8
9
10

public

to,

and contracts

agencies, regional research organizations,

and other

and private nonprofit agencies, organizations, and
(including libraries and

institutions

search, demonstration,

and

museums)

pilot projects

to support re-

designed to

fulfill

the purposes of this Act; and shall carry out a

with
grants and contracts for such purposes in accordance

the policies of the Council; except that no grant

made

stitution.

(c)

Fimds appropriated

this section shall

activities as

(

be available for (but not limited

)

(2)

the development of curriculums

such

and community education programs
(3)

;

dissemination of mformation to public and pri-

to)

—

vate pre-school,

and contracts under

for grants

23'

may

other than to a nonprofit agency, organization, or in-

program

elementary,

the support of

at all educational levels

secondary, higher, adult,
;

women's educational programs

;

(4) preser vice and inser vice trainmg programs;

8
6
1

(5)

projects

conferences,

progninis,

and seminars

posiunis,

research,

(<j)

courses of study, fellowship

iiicludiiii^

sym-

workshops,

institutes,

;

development, and dissemination

curriculums, texts and materials, nondiscriminatory

and programs

^
^

and career counseling

development

(7)

of physical education

for

women;

new and expanded programs

and

sports activities for

in all educational institutions

tests',

and nondiscriminatory vo-

for ade(piate

cational education

women

;

planning and operation of women's resource

(8)

12
C€»nters;

community

(9)

women,

education

programs

concerning

including special programs for adults;

(10)

preparation and distrihution of materials;

(11)

program or projects

recruit,

train,

and

1'^

organize and employ professional and other persons, and

programs

23
24
20

and participate

women's educational

;

(12)

21
22

organize

research and evaluation of the effectiveness

such programs

;

(13)

research and development of programs aimed

at increasing the

positions at

(14)

all

number

women

in administrative

levels in institutions of education;

research and development of programs aimed

7
1

at obtaining

instructors, counselors,

sexes in educational institutions

and maintaining an adequate distribution
and other professionals

and emplo}Tnent pro-

grants

educational,

training,

for

and

unemplo3-ed

research and development of programs aimed

(16)

at increasing the proportion of

they have not traditionally participated.

women;

underemployed

and

of both

;

(15)

(d)

In addition

such funds
test,

may

women

which

to the activities specified in this section,

be used for projects designed to demonstrate,

and evaluate the effectiveness

whether or not assisted under
(c)

in fields in

this

any such

activities,

Act.

Financial assistance under this section

may

be made

available only

application shall be submitted at such time, in such fomi, and

containing such information as the Secretary shall prescribe

by regulation and

upon application

shall

be approved only

provides

(1)

that

which

under the supervision

assistance

the

if it

aoti^ities

Any

such

—

and services

for

sought will be administered by, or

describes a

(2)

to the Secretary.

of,

the applicant;

program

for carrying out

one or

which holds promise

niakins: a substantial contribtitior! towfird attaining such

purposes

of the

purposes

^^^^'

^ ct

10
8
1

and procedures which assure

sots forth policies

(3)

made

available under this

Act

that rcdoral funds

any

to the extent practical, Increase the level of funds that

would. In the absence of such Federal funds, be made

fiscal

for

year will be used so as to supplement and,

available

this section,

adequate

the applicant for the purposes described In

and

no case supplant such funds;

sets forth policies

(4)

evaluation

and procedures which Insure

the

Intended to

activities

carried out under the application;

provides for such

(5)

counting

may

procedures

fiscal

control and fund ac-

be necessary

proper disbursement

paid to the applicant under this Act;

((J)

and accounting

assure

for Federal funds

provides for making an annual report, and

such other reports, in such form and containing such

information, as the Secretary

and

thereto as the Secretary

the Correctness and verification of such reports; and

(f)

for

may

reasonably require,

keeping such records and affording such access

For the purposes

may

find necessary to assure

of this section, the

Secretary shall

require evidence that an organization or group seeking funds

shall

annual report to the Secretary on Federal funds expended.

have been

in existence

one year prior

a proposal for Federal funds and that

to the submission

shall

submit an

9
1

The Secretary may waive such one-year

ment where

for

existing

less

existence require-

determuied that an organization or group
than one year was formed because

policies or practices of a predecessor organization

criminated by sex, provided that such organization or group

meets

7
8
9

10
11
12
13

Amendments

Secretary

may

dis-

standards in other respects.

eligibility

(g)

which

of applications

shall,

except as the

otherwise pro\ade by or pursuant to regula-

be subject to approval in the same manner as the origi-

tion,

nal applications.

The

Secretary, in cooperation with the heads

of other agencies

with relevant jurisdiction, shall insofar as

upon

request, render technical assistance to local

Sec.

practicable,

educational agencies, public and private nonprofit organiza-

tions, institutions at all levels of education,

local,

by the Secretary

Such technical assistance

cipicnt

programs concerning the

women

agencies of State,

and Federal governments and other agencies deemed

agency or

Sec.

to alTect the status of

in this society.

shall be designed to enable the re-

institution to carry

American

women

status

on education and related

and education and the

role of

society.

The Secretary

authorized to
or

make

grants

to,

or enter into contracts with,

agencies, organizations, and other institutions for planning

and carrying out community-oriented education programs

public

private

nonprofit

women

American

society for the benefit

or projects on

and

other individuals and

programs or projects

nars,

services

individuals

vocational counseling, and will include information centers

designed to serve individuals and groups seeking to obtain

or disseminate information, advice, or assistance with respect

to the

interested

and concerned

young

adults,

persons,

ethnic

business leaders, and

community and

cultural groups,

Such

groups within a community.

may

include,

other things, semi-

among

workshops, conferences, counseling, and infonnation
to

provide

advice,

with respect

information,

assistance

discrimination

and

practices,

purposes and intent of this Act.

Sec.

section

therefor,

exceed

proach

(a)

the

shall

In addition
Secretary

to the grants authorized

from

have the authority

the

make

$15,000 annually per grant,
to

(b)

sums

for

under

appropriated
grants,

not to

innovative

ap-

women's educational programs.
Proposals submitted by organizations and groups

be limited

under

tion recpiired to evaluate them, unless the organization or

group

this section shall

the essential

mforma-

shall volunteer additional information.

Se{\

(to

In admloistering the provisions

of this Act, the

authorized to utilize the services and

Secretary

public or private agency or institution in accordari' e with

any agency

of the

Federal Government and

facilities

any oiher

13
11
1

appropriate agreements, and to pay for such services either

in advance or

upon.

by way

The Secretary

reimbursement, as

may be

pubUsh annually a hst and

shall

description of projects supported under this Act,

distribute such

list

and description

citizens'

institutions,

agreed

to interested educational

women's

groups,

and shaU

organizations,

and

other institutions or organizations and individuals involved in

the education, status, and role of

Sec.

Payments under

this

women.
Act

may

be made in

ments and in advance or by way

necessary adjustments on account of previously

payments or undei'payments.

1^
ly

Sec. 10.

used in

this

wealth of Puerto Rico,

^^
2^

made

over-

Union) the

Common-

the District of Columbia,
Islands,

Guam,

and the Trust Territory

of the Pacific Islands.

Sec. 11. There
^^

reimbursement, with

Act, the term "State" includes

(in additon to,the several States of the

American Samoa, the Virgin
*

install-

authorized to be appropriated not to

exceed $15,000,000 for the

fiscal

$25,000,000

for the fiscal year

$40,000,000

for the fiscal

year ending June 30, 1975,
ending June 30, 1976, and

year ending June 1977 for carry-

ing out the pui^poses of this Act.

14
Seiiator Mondale. The first witness before the subcommittee today
be a man well known to me and my colleagues the former U.S.
Comiviissioner of Education who is now a vice president of the Ford

—

will

Foundation

—Harold Hov.e

II.

Please proceed.

STATEMENT OP HAROLD HOWE II, VICE PRESIDENT POR EDUCATION RESEARCH, PORD POUNDATION, NEW YORK, N.Y.
Mr. Howe. My name is Harold Howe II. I am vice president for
education and research of tlie Ford Foundation located in New York
EduCity. I am here at your request to comment upon the Women's
cational Equity Act of 1973. S. 2581.
I cannot claim to be an expert on the subject under revie^y by this
committee, so it might be helpful to you in evaluating my testimony to
outline briefly vrhat my exposure to it has been.
Wliile I Jiave had a bi'oad interest over many years through both
experience and study in the realm of education, it is only in the last 2
years that I have given particular attention to the special problems
women face because of tlie assumptions and practices of educational
institutions in regard to tliem.
During that 2-year period, I liave served as chairman of an internal Task Force in the Ford Foundation to study the general issue of

the rights and opportunities of women. This study was much broader
than the field of education. It reached into the problems of employment, of the legal status of Avomen, of the nature and goals of today's
women's movement, of Avomen and their role in the family, and of
women in other countries.
Because of its breadth, it could in no sense be described as authoritative or exhaustive. It resulted in a brief paper for the Ford Foundation trustees, and in their support for a small program of grants from
the several divisions of the foundation to address some of the problems the task force identified. The grants we have made may be of
interest to you, and I attach as appendix A, a document listing these.
It includes grants concerned with education as well as with employment, legal rights, and other matters.
In the remainder of this testimony, I will quote or paraphrase from
time to time from the report mentioned above.
Let me commence by stating five propositions of a general nature to
give you a feeling for my personal views on the broad subject of
women's rights and roles before I comment on education specifically
1. The women's movement that has
emerged in the United States
in the 1960's and early 1970's is much more than a fad. It has strong
roots in the past and powerful momentum that gives it promise of
sustaining itself and of producing significant changes in our society.
2. In the past and today, our social institutions
education, government, religion, private enterprise, et cetera have restricted the rights
and opportunities of women as compared with men. In the nature of
things, this is unfair, unreasonable, and contrary to our assumptions
about equality of rights and opportunities for individual human
:

—

beings.

—

mistake to generalize too much about the needs and aspirawomen. They constitute a wide spectrum of feeling and belief.
While tlie suburban housewife may be unhappy with what she feels
is purposeless luxury, the ghetto mother who work full time as a
hospital cleaning woman would probably jump at the chance to replace
her. Some proportion of the most visible aspect of the women's movement comes from the discontents of the economically more fortunate.
These discontents are real enough and deserve attention, but we should
3.

It is a

tions of

not allow their visibility to blind us to other problems.
4. In spite of the previous observation, there is a new wind
blowing
through American society created largely by women and for women.
But it is a wind that affects us all and all our institutions men and
women and particularly the fundamental institution of the family,
which is the great common meeting ground of both. The women's
movement has awakened a lively concern for redefining what men and
women should do in families as they consider job roles, personal rela-

—

tionships, and child-rearing practices. Where all this leads in the long
run, I am not sure, but it clearly has implications for the fundamental values by which we live together in families, w^liich have
traditionally allocated to w^omen the responsibility for maintaining
continuity in society by building the bridge between generations.
As women seek greater autonomy, this traditional role of theirs
must be performed by the family in another way or by other institutions. Whatever happens, both men and women and their common
future are affected, and w^e had best be examining the nature of
changes already under way and seeking signals about their possible

consequences.
5. Today's women's movement has already had
impact and it will
have more. As it does so there is a danger that it will advance new
unorthodoxies that could become as restrictive as the old. Its objectives should be to keep the widest possible choice of options open to
both men and women. To make this point more explicit, no woman
should be denied the right to the choice of devoting full time to family
responsibility and child rearing if that is her preference. But all
women should have the opportunities that men do for a variety of
options in their lives. The system of restrictive preconditioning that
limits so many women to no options at all or that requires of them

special precedent-breaking initiatives to attain their rights as

human

beings is properly under attack by the women's movement. Part of
that system is found within education.
This committee will no doubt receive extensive documentation from
many sources in regard to the restrictive impact upon women of the
practices and assumptions of American schools, colleges and universities. One of the sources the committee would be well advised to
consult is the report by the Carnegie Commission entitled "Opportunities for Women in Higher Education," now in the process of publication. Its summary of statistical information from the 1970 census regarding tlie economic and educational position of women in the
United States may well be your best source on this subject.
Allow me to quote a few sentences selected from this document. The
first is an anonymous quotation that appears on its frontispiece:
is

The second most fundamental revolution in the affairs of mankind on earth
now occurring. The first came when man settled down from hunting, fishing,

16
herding and gathering to sedentary village life. The second is now occurring as
women, no longer so concentrated on and sheltered for their childbeariiig functions, are demanding equality of treatment in all aspects of life, are demanding
a new sense of purpose.

second quotation is drawn from the concluding remarks of the
commission's publication
:

we have

referred in a variety of contexts to the need
for broader options and greater freedom of choice for women to make maximum
use of their abilities.
do not see a future in which every woman will aspire
to become a research scientist, a physician, or an engineer. But we do believe
strongly that the various barriers that have existed in the paths of women,
who might have such aspirations and who have the ability to realize them,
should be removed.
These barriers begin in the early acculturation of female children.
have
recommended various specifie measures, such as improved, high school counseling,
to provide a more encouraging environment in relation to the cai^eer aspirations
of women. But we see the most important need as a change in attitude all
along the line on the part of parents, school teachers, school counselors, college
admission officers, and other administrators, faculty members, and f ollege counseling staffs.

Throughout

this report

—

Senator Mondale. Would you yield there. Would you say that the
Carnegie report is generally supportive of the efforts and directions

embodied in the pending legislation ?
Mr. Howe. I would say many of its recommendations Avould track
very well with the kind of activities foreseen under this pending legislation, yes.

Senator Mondale. I have not seen the report.
Mr. Howe. It is in process, and I have seen just a draft copy of it. I
think the full publication is scheduled verj^ shortly and should be
available on request of 3v^our staff.
Senator Mondale. I will instruct the staff to include that full report unless it is too voluminous in the record.
Mr. Howe. It is a fairly large document.
Senator Mondale. Maybe they could take the summary and some
relevant tables so that when we complete these hearings we will have
a single document.
Mr. Howe. I would recommend a selective reporting of it in the

—

record.

Senator Mondale. Exclude that part that

calls

for increasing

tuition.

Mr. Howe. That is a subject of argument.
The remainder of this testimony will consist

of some brief observations about problems related to women that need to be addressed in
the realm of education. I will start with elementary and secondary
education.
1. Women are seriously discriminated against in the process of promotion to positions of major responsibility in the schools. Some 67
percent of all public school teachers were women in the school year
1970-71, but only six-tenths of 1 percent 0.6 percent of school superintendents were women. Clearly there is something wrong with this
picture. Getting at this problem requires action by local school boards,

—

by State departments of education, and by the Federal Government
as well as by schools of education.

For a good list of the kind of actions necessary, I refer you to 21
recommendations contained in an article in the October 1973 issue of
Phi Delta Kappan, which describes itself as "the professional fraternity for men in education." This society excludes women from its
membership and has suspended the Harvard and Cornell chapters for
admitting them. This matter is being debated at the October 19, 1973,
meeting of the council of Phi Delta Kappa in Houston (2 days from
now). The article to which I refer is by Catherine Dillon Lyon and
Terry N. Saario. I am submitting a copy of it for the record if you
wish to use it.
2. Many women teachers in elementary schools strengthen and
fortify the sex role stereotypes that lead to unequal opportunities for
males and females in later life. To work on this problem, teachers need
different training in schools of education and new programs that will
help them to re-think their roles and assumptions during their careers.
3. The materials used in schools for instruction, guidance, and testing, perpetuate the image of women as limited in their options and as
headed for subservient positions. A task force reporting to the U.S.
Commissioner of Education in November 1972 asserted, "From the
time they first start school, children learn from teachers, textbooks,
games, and films that males are superior to females." Schools heavily
reinforce the feeling many women have that if they want to work in
the white collar or professional world, it should be as a secretary, a
teacher or a nurse all low-paying assignments. While there are efforts
being made to make school materials more balanced, they have a long,
long way to go. There is a great need for further research on the effects
of school materials.
For a useful article on the subject, I refer you to the August 1973
issue of the Harvard Educational Keview which has a piece by Saario,
Jacklin, and Tittle entitled "Sex Eole Stereotyping in the Schools."
I am making available for your committee's record a shorter piece on
this subject from the Wall Street Journal of October 9, 1973. It was
printed under the headline of "Sexism and Schools."
Senator Mondale. I would ask the staff to look at those documents
and maybe, somehow, excerpt or incorporate them in the report.
Mr. Howe. No. 4, women are seriously underrepresented on school
committees and boards and are thus denied access to power over public
schools. About 1 in 5 school board members is a woman. Perhaps
affirmative action programs at the State and local levels can have some
impact on this situation, but since most school board members are
elected rather than appointed, it will probably take continued pressure from the women's movement and from men who will help to
improve the situation.
5. If women are to have a fair chance for employment, they need
the backup of better day care services for preschool children than public agencies provide today in the United States
particularly women

—

from lower-income groups.
Senator Mondale. Do you support the vetoed Child Development
Act?
Mr. Howe. I did when it was around.
Senator Mondale. You have not changed your mind?

Mr. Howe. T have not recently examined all the details of it, but
the general proposition of a major Federal effort in the child care
area seems to me to make a great deal of sense.
These day care services will enrich life for both children and
women, just as public schools do. They can become one public expression of the view that Avomen sliould have wider options. The veto of
a national day care bill several years ago partly on grounds of economy and partly, on grounds that it would be detrimental to the traditional values of the American family, was in the latter respect a powerful reaffirmation by the President of our society's insistence that
woman's place is in the home.
Senator Mondalk. The interesting part about that veto was that the
central issue in the Senate was whether the parents would control
these day care centers whether they would be run in a way that
would strengthen the families. Our whple thrust was to try to make
certain that these day care centers were run in a way that would
strengthen the family consistent with what the families thought was
best. But H.R. 1 proposed by the administration required mothers to
leave the home. Our day care bill said let's do what is best for the
family, so if anybody was trying to weaken family ties, I think it was
the other way around.
Mr. Howe. I would argue that it is not the role of government to decide for the American family who it will run its affairs, but the role
of government to present a family with options so if it wishes to
make use of day care centers to have a mother do other things than
has been her traditional role she has that chance.
Senator JNIondale. As you know, H.R. 1 in effect said if the mother
thinks it's better for her children that she stay home, she starves.
Mr. Howe. Or at least has a lower standai'd of income.
Senator Mondale. She does not get any money and that is pretty
low. Please proceed.
Mr. Howe. This is a view—that woman's sole place is in the home
that the modern American woman increasingly challenges both for
its substance and for its implications. It says to many women that
they are second-class citizens who don't have the options in employment or in i)articii)ation in the affairs of our society that men enjoy.
This brief discussion of preschool and school omits many points
that could be made the monopoly of high school athletic opportunities by males, the unsuppoi-table assumptions that become self-fulfilling prophecies regarding the abilities of girls in mathematics and
science, and other such matters. But perhaps this review partly documents the point that energies and fluids for reform are required.
It seems to me that the proposed Women's Educational Equity Act
])rovides exactly the kind of resources that are needed and for their
flexible and sensible use. I can report to you that the Ford Foundation
has requests that we cannot meet for millions of dollars worth of work
on these problems.
Turning to ]:)Ostsecondary education, many of the needs and problems are the same, some are different. As in the case of the schools, I
shall present some brief and incomplete observations
1. Women are underrepresented in the academic profession, and the
higher up you go in its hierarchy the more underrepresented they are.

—

19
of Health, Education, and Welfare has been pushing
about this issue and deserves credit for its efforts
education
higher
credit it doesn't always get from the academic community. Needed also
are more programs oi funding support for positive action in this area
along with enforcement action. Leadership responsibilities in higher
education require the special attention of ne^\ programs for training
women in academic administration.
Senator Mondale. I have been on this Education Subcommittee now
for 5 years. I do not recall a woman ever testifying on behalf of the
Office of Education on anything.
Mr. Howe. Well I was trying to think during the time that I was
doing so much testifying whether that had occurred in connection with
education testimony, and I do not recall it during that period of 3 or
4 years.
Senator Mondale. I understand that one arrived last week. I see
what you mean by progress. Please go ahead.
Mr. Ho^vE. No. 2, research about women their problems today,
in the major academic fields is not
their contributions in the past
well enough supported to ])rovide the country with the quality and
quantity of background information that it needs to understand the
female half of its population or to see its past in true perspective. Most
of this research will be done in universities, some in colleges. In the
sciences, social sciences, and humanities, all sorts of insights can be

The Department

—

opened up by it.
The women's movement needs it to be sure that its policies are
soundly based all the rest of us need it to protect us from uninformed
decisionmaking. There is a need for better and more up-to-date data
on the participation of women in the various professions just as there
is for similar information about minority groups in the United States.
Some of the research on women will feed back into the curriculum of
colleges and lead to a broader understanding of both their past contributions and their present roles and needs.
3. Tlie development of programs to promote higher aspiration levels
in employment and in postsecondary education is important for
women who are still living in an environment that discourages these.
There are some Federal efforts in this area now but more are needed.
]\Iuch more could be said on the subject of women and higher education. They are probably more shortchanged there than in the high
schools by the superstructure of semiprofessional sport that has evolved
to serve men and spectators. Deep in academic departments where decisions are made about who is to be hired and who promoted, there still
lurks a powerful feeling that male appointments are more satisfactory sometimes for no other reason than the fact that men don't have
bailies. Not enough women serve as trustees of colleges and universities.
;

—

Progress

being made in the post-secondary institutions. It

slow

and something grudgingly allowed. I think that the resources to back
it up suggested by the bill before this committee would be extremely
useful.

Finally, let me observe that this proposed legislation can be described as categorical aid to education— a type of Federal assistance
not much in favor these days. Without entering into that controversy,

20
would argue that this bill should not be so labelled. Even though it
comes before the Education Subcommittee, it is, in effect, human rights
legislation that affects one-half the population directly and the rest
of it indirectly but importantly. As such, it deserves tlie attention and
support of both men and women who truly seek an open and free
society for the United States.
I shall be glad to try to respond to any questions you may have.
Senator Moxdale. Thank you very much for a typically strong and
1

useful contribution to the work of this committee.
I would like to just question you briefly on that question of another
categorical program. I heard some complaints that we have had enough
categories and what we want now is to consolidate and to pass more of
these judgments on to the local level and let them decide.
do you argue that we should have that category ? You say it is
there ?
human rights legislation. Are categories
Mr. Howe. Well, this opens up this whole subject of categorical
legislation. I happen to believe rather strongly that the Federal Government in the United States should not shy away from what is described as categorical legislation, when the category is broadly significant for the populace, and that the doctrine of saying that the role
of the Federal Government is merely to hand out money, and then to
take no leadership at all in the broad purposes of its use, is really
avoiding the responsibility of the Congress. The Congress it seems to
me has the obligation to address itself to broad national problems, and
when a category such as this one clearly has that ciiaructeristic, I do
not see any sense in getting into an argument about categorical aid as
a possible source of inefficiency.
Senator Moxdale. I do not understand what explains this, but for
a long time, for example, the concentration on the needs of the poor
and on civil rights, fighting dis<"rimination, basically came from the
Federal Government, both in terms of programs and rhetoric. I
think it is fair to say that the local governments have picked up a lot
of this now and they are doing a far better job than they once were.
It may mean then as this becomes ingrained in local political culture
that the need for specifically defined categories became less important.
But it seems to me whenever you find a compelling national problem
that it is not being properly dealt with, there is absolutely nothing
wrong with the category. The purpose for it is to identify the problem, help solve it
Mr. Howe. I thoroughl}^ agree with that viewpoint. I would observe
also that I think in the 1960's in the realm of education it is fair to
say we went slightly wild on small categorical programs for particular purposes and created to some degree a confusing structui-e of
diverse programs, which needed some pulling together, both for
efficiency of administration and for more effective use by the people
ultimately supposed to benefit. But T think that when you get into as
broad an area as disadvantaged children, or as broad an area as the
situation! in which women find tliemselves in employment in education these are the kinds of categories that .should not be neglected at
the national level.
Senator Mon'dale. I think we may have set up too many categories,
but I am sure \vc set up too many categories that were unfuiuied.

Why

—

21
authorized dreams, and then we appropriated peanuts, and I think this
created a tremendous sense of letdown and frustration.
Mr. Howe. I will plead guilty to having set up some of them, myself.
Senator Mondale. I think I supported most of them too. I think
the worst thing we could do is to pass this act and have the American
a
people realize that Congress and the Government have set about
task, and then to give it no money. I think that really deepens tho
sense of cynicism in this country.
I thought it might be helpful if you could have your staff summarize some of those unfunded important grant applications that you
had, just so we get an idea of what people have been trying to do in this
field. I assume some of that is classified but if you could in general
ways describe the sort of things people would like to do that you consider to be important, that you do not have the money to fund, I think
that would help build the case.
Mr. Howe. We would be glad to do that. It is in no sense classified.
The only thing we would like to do is to consult the applicants, and
if it is all right to put their names on the public record, fine, otherwise, we would not identify the applicant. As far as we are concerned,
it is open information.
Senator Mondale. Very good. Thank you very much.
Our next witness is Arvonne Fraser, president of the Women's
Equity Action League.
are delighted to have you with us today.
;

STATEMENT OF ARVONNE FRASER, PRESIDENT, WOMEN'S
EQUITY ACTION LEAGUE (WEAL)
Ms. Fraser. I am honored that the first time I testify on the Senbelieves that
ate side is before your committee, and second,
these hearings are an excellent followup on the family hearings that
you held recently and our groups around the country will be studying

WEAL

both.
I am submitting my testimony, and it is quite long, and I know you
have a lot of people to hear today.
Senator Mondale. It will appear in its entirety, and you can emphasize the points you feel are important.
Ms. Eraser.
wholeheartedly supports the Women's Educational Equity Act which aims to counteract sexism in education. Sexism, to us, simply means the characterizing, defining, or stereotyping
of individuals by sex. It is the view that women have certain roles
and positions in society and men have others.
The aim of this bill is to have all people men and women educated as people, not as members of one sex with certain roles to fulfill
which are preassigned by sex.
The goal of this legislation is to change that to see that schools
educate each individual male or female rich or poor black or
white to be self-sufficient, self-confident, and capable of self-support.
want children to be independent, not dependent on others
whether that other be husband or society.
And although
has been noted primarily for its work in
we
have
come to realize that working at sexism in
education,
higher

WEAL

—

WEAL

22
in
higher education is too late. Discrimination in education starts
nursery school where boys are practically forbidden to play with
dolls and fjirls are discouraged from building with blocks.
But before I discuss elementary, secondary, and vocational education. I want to make a short plea for thinking of education as not
just an activity concentrated in the first third of one's life. Training
and retraining, as well as education for personal growth or pleasure,
should be available to all people regardless of age, sex, race, creed, or

national origin.
is especially concerned about age disOne of the reasons
crimination is that many women do take time off from working outside the home to have and raise children. Thus, there are often breaks
in their education and in their w^orking careers.
Department of Labor and census statistics show that most women
over 90 percent work outside the home at some time during their
lives. Eight out of ten women become mothers, but they are having
fewer children.
Nationwide, women are almost 40 percent of the workforce. In Minnesota, 43 percent of all women over 16 were workers outside the home
in 1970. Each of the age groups between 18 and 64 had 50 percent or
more of the women in the labor force except for the group between
25 and 34 years, of whom 43 percent were in the labor force.
Senator Mondale. Those trends have been rising dramatically.
Ms. Eraser. That is right, since 1970.
In Washington, D.C., 56 percent of all women 16 years and older
work. These women make up almost half 47.8 percent of the workforce in this city.

WEAL

—

Senator Mondale. Do they have figures broken down by income
groups? There is a much higher percentage lower down the economic
pole, I assume, or is that not true

Ms. Eraser. I do not know the answer.
Senator Mondale. It would be interesting.
Ms. Eraser. I am submitting a document called "Women Workers
in Minnesota" put out by the Women's Bureau but they are publishing statistics for every State.
Senator Moxdale. We can put it in the record.
Ms. Eraser. Thus, it is not even accurate, to say nothing of honest,
to expect little girls to become only housewives and mothers. They do
much more. They are workers inside and outside the home.
This is not to say that being a housewife and mother is a bad thing.
Some women do very creative jobs at keeping house and they enjoy
it. That is their choice and I respect them for it. But that does not
mean that all women should be assigned to housework and caring

—

for children only.
Bearing and raising children takes only a very small part of a
woman's life these days on the average about 10 years from the birth
of the first child until the last child goes off to school. And 10 years
out of a woman's life is not a very long time.
own grandmother
just died a year or so ago at 94. She had 13 children. Her last child
went off to kindergarten some 50 years before she died. She spent
even with 13 kids more years of her life working outside the home
than she did at home with children.

—

And though her great-granddaughters girls in school today will
not have 13 children, they too will live a long time and many of them
will spend the greater part of their lives working outside the home.
Our schools must begin to deal with the reality of people's lives, not
with stereotyped or idealized concepts of life.
TEXTS AND MATERIALS

In the last few years there have been numerous studies pointing out
that school readers do not give equal treatment to boys and girls. First
these articles appeared in feminist sheets or magazines and then they
appeared in scholarly journals. Now they are in the Sunday supplements.
The July 1, 1973 Parade, a magazine distributed with numerous
U.S. Sunday newspapers, has an article entitled "Do Kids' Schoolbooks Distort Sex Roles?" by Ilene Earth. This article reports on a
publication by a New Jersey group of women called "Dick and Jane
as Victims," a copy of which I am submitting with my testimony.
Parade lists the New Jersey group's findings as "Males Dominate.
"ISIore than two-thirds of all stories are about boys or men.
"Boys are presented in active, creative situations like building
walkie-talkies, or using their wits in capturing hijackers, dealing with
a genie, or solving problems for girls or even mother.
"Girls are pictured quietly watching boys play, or in domestic activities like cooking, cleaning the house, or sewing. Often girls are teased
by boys for their stupidity w^ien they make mistakes.
"Men are illustrated in a variety of occupations, 147 in all. Women
are shown in only 26 occupations, most of them mere extensions of
household labor cooking in a school cafeteria, for example.
"Fathers solve problems for everyone and frequently participate in
joint activities with their kids.
"]Mothers, however, rarely have a life apart from housework, seldom
leave the kitchen, and are more likely to scold than play with their
children."
And then the article points out publishers' reactions
"Macmillan plans to use some new artwork in a few of its
:

—

readers.

'In anything new we write,
"
improve the balance between girls and boys.'
But the publishers complain that it takes "half a million dollars
to launch a new series, and a few millions more before the publisher
makes a profit. No one is willing to drop or do complete overhauls of
but over a period of
series which now exist. Changes will come

"Bank

Street Publications chairman

we'll try to

—

years."
An earlier article by Dr. Mary Ritchie Key of the University of
of studies about
California, Irvine, notes the spontaneous growth
children's readers and children's literature. "The studies overwhelmfemales in chilingly document discrimination and prejudice against
dren's books," Dr. Key points out and then goes on to discuss the
studies.

She points out "The Little Miss Muffet syndrome, which depicts
females as helpless, easily frightened, and dreadfully dull, occurs over
:

24
in the literature. If one compares this image with the
in adulthood, it becomes apparent that both male
have difficulty in participating in equal sharing dialogues

and over awain
potential of

and female

women

at the professional level. Males who have grown up learning dialogues
such as are in children's books today arc not able to listen to a female
in adult life. Males paralyze when a rare female makes a constructive
suggestion. Likewise females are trained not to take their share, or

own in decisionmaking interchange. There are no linguistic
models in this early literature for females to take active parts in the
dialogue nor for males to respond with dignified acceptance and a
hold their

willingness to listen."
I congratulate the Senator, he has overcome his education.

He listens

very well.
Teachers need supplementary materials and they need to be taught
how to use them. There is an excellent article in the American Teacher
by a St. Paul, Minn, schoolteacher who tells how she develops her own
materials and makes the case for more materials being available, especially visual aids.

Our Dallas group did a study of history books using the Dallas
school system. There were only two mentions of Eleanor Roosevelt in
the history books.
One was "in the same year he wed a distant cousin, the gifted and
energetic Eleanor Roosevelt. She was given in marriage by her uncle,
Theodore, the President of the United States, who had come from
Washington for the occasion."
And a second reference was, "and he and Mrs. Roosevelt showed
warm sympathy for people of this minority."
But that is typical of our history books.
Our teacher-training institutions must be encouraged to de-sex their
courses and curriculum, bringing women into the mainstream and into
equal partnership in education. They must quit considering teachers
(female) as the servants of the system and administrators (male) as
the executives and policymakers for the system. First
priority should
be given to educating children.
VOCATIONAL AND CAREER EDUCATION

major goal of education is to prepare the individual for the world
of work inside and outside the home and for a vocation which will
make that individual capable of self-support.
Domestic work and the care of children is socially valuable and
necessary work. People should be taught to do it well ,and have a
respect for it. To be able to take care of food, clothing, and housing is
a necessary set of skills. All children should learn these
self-sufficiency
skills. This means that the
traditionally sexually-separated course of
home-ec and shop or industrial arts must be integrated and updated.
This is a machine-oriented society and both boys and
girls need to
know how to operate and take care of machines.
Boys and girls, also need to Imow something about the purchase and
preparation of food, something about nutrition, the care of their
clothing and how to clean up after themselves. Consumer education is
also necessary in this day when we
buy everything. Typing is a valu-

—

25
able skill. Every child ought to be taught to type in the upper elementary grades it should come right after handwriting or penmanship. Teaching typing as a word skill, as a machine skill and as a
vocational skill would be a great asset to thousands of children.
But instead of training all children in these skills our schools have
been assigning these skills on the basis of sex. That's stupid and wrong
and a waste of manpower.
;

WEAL

title

grateful for the anti-sex discrimination provisions in

IX of the Education xVmendments of 1972. The problem, however,

HEW

takes the posiis that there have been no guidelines issued and
tion that they cannot enforce the law until the guidelines are written,
but they are the ones that aiv writing the guidelines.
Senator Mondale. Are they close ? Do they say where they are ?
Ms. Eraser. They keep saying they are close.
Senator Mondale. Wlio is in charge of writing them ?
I am told.
Ms. Eraser. The Office for Civil Rights of
Senator Mondale. I know they are not busy doing anything else.
Ms. Eraser. That is right. They could at least get the guidelines out.
Anything you can do in that area would be very helpful.
Senator Mondale. Let's write a letter requesting information on the

HEW,

guidelines.

Ms. Eraser. \YEAL wrote a letter this past spring to the D.C.
Advisory Committee for Vocational Education, pointing out that
Title IX had been passed and did apply to vocational schools and
asking what plans the schools had for desexing the schools.
In response, we got telephone calls explaining that in 5 or so years,
they would have career development centers, and that anyway girls
really wouldn't want to go to school where they were the only girls.
The implication was that there would be so few girls wanting to
go to the boys' schools that it wasn't worth bothering about. A look at
the course listings for these various vocational high schools in the
District will tell you which are the boys' schools and which are the
girls'.

The letter that brought us this course listing also states: "The
Department of Career Development sent a letter to all junior, senior,
and vocational high school principals requesting that they assure counselors that girls will be admitted to vocational programs in any area
of their interest.'' However, the memo that went to principals states
"that the vocational high schools will all admit girls who have a
sincere interest in one o ftlieir areas of specialized training."
What about boys? Do they have to prove a "sincere interest"?

Apparently not.
In other words, in Washington, D.C, where 56 percent of the
women work outside the home and where 95 percent of the schoolchildren are nonwhite, a girl's choice of vocational courses is very
limited when compared to that of a boy. And I have the courses listed
in my prepared statement.
Just to make sure I was not being too hard on the D.C. system
though I intend to be, I will talk about Waco, Tex. In Waco, Tex.,
our
group did an excellent analysis of sex discrimination in
the Waco public schools. Among their findings were "sex and race
discrimination in the area of student course assignments. The Waco

—

WEAL

26
school district, by dictum, 'co^lnselin<^,' persuasion or lack of alternatives, requires girls to enroll in hairdressing (minority girls only),
cooking and sewing classes. Boys are similarly placed in auto mechanics, woodshop, repair, and construction cour-ses." The report goes
on to state that an educational consultant testified in Federal court
that Waco homemaking courses appeared to be training minority girls

maids and waitresses.
This is still iinother example of assigning a place in the world on

to be

the basis of sex or race.

Discriminatory or outmoded tests should not be used to steer students toward specific occupations either.
For some time, I was interested in tlie Strong vocational test which
I fii'st learned about from a young liigli school neighbor
(male)
"You know, Mrs. Fraser," he said, "you ought to do something about
this test the}^ give kids they don't think are going on to college. The
girls take a test that's on pink paper and the boys one on blue."
Upon investigation, I learned that the two tests were being redone;
the pink and blue tests were being combined, outdated items dropped,
and the new test put on a neutral white paper. Psychologists and
counselors urged me not to be too rough on the Strong test because
"It's one of tlie best we've got. If you take this away, Avorse tests
will be used."
The Strong test, even on white paper, does not test skills. It takes
attitudes and pei'sonality traits of people in existing occupations and
matches them with the child being tested. If the profiles match if
the child has matching attitudes and personality traits, then apparently that child would be appropriate for that occupation. In other
words, the test perpetuates the status quo.
Under the bill, we would hope that development of nonsexist vocational aptitude tests would be a very high priority. This is, apparently,
a very expensive process which no private group is willing to undertake while they have a moneymaker on their shelves. Meanwhile,
kids are steered by counselors into various occupations or courses using
:

—

these tests.

And we would hope there could be more information and training
including retraining for guidance counselors so that sex stereotyping
in vocational and career education will stop. And, I might add, it would
be helpful if we figured out ways to quit labeling vocational education
as second-class education. The world needs trained technicians male
and female. In my own State of Minnesota, I am told, our post-high
school vocational-technical schools are filling up with college graduates
looking for a skill with which to find a job.
Developing skills with which to find a job is a problem for all students women and men alike. And schools of all kinds must develop
neAv attitudes about the world of work, new programs, new ways of
training people, and new ideas about the kinds of work people can do.
Section 4(c) (15) of this bill calls for "training, educational, and

—

employment program grants for unemployed and underemployed
women." Women who leave the labor force to raise a family do need
training and retraining to develop new skills or brush up on old ones.
There are small programs of this kind but not nearly the number or
variety needed.

27
Also, we must start bringing workers of all kinds into the schools.
Chiklren^young and older need to learn more about the world of
AYork, and too often that world is utterly foreign, es^^ecially to the

—

child. In doing this, women in nontraditional occupations
should be encouraged to come into the schools to talk about their jobs.
As indicated earlier by the St. Paul teacher, pictures of women workei-s are needed as Avell as solid information about a variety of occupa-

suburban

tions.

skip over that.

statement is sports and physical education, but I will
be in my statement,

It will

WOMI':X IX ADMINISTRATIVE POSITIONS IN SCHOOLS

Our WPLA.L group

in INIinnesota has been challenging local school
positions.

number of w^omen in administrative
The Minneapolis Tribune, of Wednesday, June 27,

districts over the

1973, says

select group— female secondary

school
.Joyce Jackson became a member of a
administrators when she was named principal of Central High School.
She is one of three women in the Minneapolis School District to be an administrator of secondary schools. Betty Jo Webb is an assistant principal at
Ramsey Junior High. Rachel Leonard was named Tuesday to be assistant principal of Olson Junior High.
Last month, the Minnesota Division of the Women's Equity Action League
(WEAL) accused 31 metropolitan school districts of sex discrimination in the
employment of high school administrators.
At that time, Minneapolis had one woman administrator, and the only other
district to have any women in secondary atlministration jobs was North St.
Paul-Maplewood, which has an assistant principal.
A study by Clifford Hooker, professor of educational administration at the
University of Minnesota, showed that of 2,632 Minnesota school administrators,
202 were women, and most of them are elementary school principals. His study
earlier this year showed there were no women school superintendents.
Mrs. Jackson, named to the Central High School post earlier this month, said,
"Only in recent years have women been encouraged to go into administration.
Secondary school administration has not been perceived as a role for women."

—

Ms, Jackson

is unusual, as the story indicates, but the situation is
Minnesota's situation is typical. Men are the executives in schools,
Avomen are the teacher and the kids get the message.
This has got to change. We need men teachers and w^omen executives; we need to show the kids, not just tell them, that sex- assignment

not.

wrong.
This means, however, that our colleges of education all over this
country are going to have to change. It may mean we will need seminars and short courses in school management for teachers so they can
move into administrative positions, if they like. And maybe we should
even send administrators into the classrooms occasionally to tell the
kids how it is to i-un a big operaiton and to let the administration learn

how

kids really act in a classroom.

The goal of education should be to give individuals skills and information so they can make choices about their lives; schools ought to
be helping individuals develop their full potential each child ought
have equal educational opportunities in our public school system.
Some may argue that Title IX is enough, that prohibiting discrimination will end discrimination.
argues that this legislation the Women's Education Equity
Act is an affirmative action plan with money to make it work. It is
;

WEAL

—

28
positive legislation aimed at changing old habits and instituting new
ideas, materials, and ways of doing things.
If Title IX is enforced and this legislation passed and financed
eventually we should have equality of opportunity between the sexes

and we would no longer need this legislation.
When all children come out of school self-confident, self -sufficient
and self-supporting then this legislation can self-destruct.

Thank

you.

Senator Mo^stdale. Thank you very much for a most useful statement. Could you tell us a little bit about WEAL, describe the group's
efforts.

are the group that started by filing sex
Ms. Fraser. Certainly.
discrimination charges against colleges and universities under Executive

Order 11246.

Senator Mondale. Is it a national organization ?
Mr. Frazer. It is a national organization, a national membership
organization, and we are beginning to organize chapters in States, and
we have about 15 to 20 States organized.
Senator Mondale. How long has it been in existence ?
Ms. Eraser. Since 1968. We are the group that went after Phi Delta
Kappa, an education organization which excludes women. We filed
charges, and I think probably that is why they put out the recent issue
of their magazine referred to by Dr. Howe the issue on sex-discrim-

—

ination in education.
filed charges of sex discrimination and stated
that they should not be alloAj-ed to exist on public campuses if they
were for men only.
Senator Mondale. Do you bring lawsuits ?
Ms. Eraser. Well, if we have enough money or can find volunteer
are starting a legal defense fund.
lawyers.
Senator Mondale. This bill is primarily educational, money for curriculum development, seminars, research, et cetera. Is that going to be
enough or does this fit in the context of what
Ms. Eraser. No, I think this is why
is interested in elementary and secondary education as well as higher education, because our
schools are local, I mean are essentially local and State run. I think a
combination of activity and publicity by women's groups, and going
after local school boards and getting actually more emphasis on school
boards, plus Government action and money will do it. I have no illusions that it is going to be my grandchildren probably who will bene-

WEAL

fit

from

this.

Senator Mondale. We had hearings here for several years on Indian
education. It always amazed me that although the Bureau of Indian
Affairs has been around for 130 years, it was supposed to be doing
exactly what you were talking about. We went all over the country and
you could rarely find a text book about Indians. The only series had
been written in the 1930's. The Indians hated it because it was not
written by Indians and was not sensitive to their culture.
Ms. Eraser. I do not understand why the text books are like this.
The text books for white kids are two generations behind. It is still
"Dick and Jane" and rural oriented.
Senator Mondale. I cannot understand it. You need a program like
this, so you have the resources, and I think that is where the fight begins, to make sure it is spent wisely and

Ms. Fraser. If you ^ive us the money, we will make sure it is spent
wisely and resourcefully.
Senator Mondale. Knowing you, I cannot take that threat lightly.
Thank you very, very much.
Ms. Fraser. Thank you.
Senator Moxdale. Our next witness is Shirley ^I. Clark, acting
assistant vice president for academic administration. University of
Minnesota and Joan Aldous, professor of sociology and chairwoman,
Council for University Women's Progress, University of Minnesota.
Please proceed.

STATEMENT OF SHIRLEY M. CLARK, ACTING ASSISTANT VICE
PRESIDENT FOR ACADEMIC ADMINISTRATION, UNIVERSITY OF
MINNESOTA; AND JOAN ALDOUS, PROFESSOR OF SOCIOLOGY AND
CHAIRWOMAN, COUNCIL FOR UNIVERSITY WOMEN'S PROGRESS,
UNIVERSITY OF MINNESOTA
Ms. Clark. Thank you. We are very pleased to be here, Senator
Mondale, and friends.
I am here today to register my emphatic agreement with section
* * *
2(a) of the proposed "Women's E'ducational Equity Act of 1973"
"that present educational programs in the United States are inequitable as they relate to women of all cultural and ethnic groups and limit
tlieir full participation in American society." The amount and extent
of discrimination against women in the education enterprise has only
begun to be discovered, documented and corrected.
It is my understanding that the goal of providing educational
equity for American women shall be reached through Federal encouragement and fiscal support of special educational programs and
activities which are detailed in section 4(c).
A national consciousness-raising concerning women's status and
roles should be stimulated by this legislation and resources would be
marshaled to illuminate and redress the inequities and inferior aspects of sexist educational programs.
If such an act can serve as complement to strong affirmative action
programs under the Federal contract compliance regulations, the potential for achieving enormous change in the areas of equal educational and equal employment opportunities for Avomen will be realized.
Denial of equal educational opportunity and denial of equal employment opportunity are tlie beginning and the end of the same circle.
How to make the new and amended legislation work is a problem of
great concern to the irroups affected. Categorical grant programs such
as this act provide for the application of Federal resources to problems which are national in scope. Whatever our sex, race, religion, or
or
region, no social institution holds us as long in its organized group
is as influential on our ability to choose work careers, as education.
At this point I would like to speak to the significance of the act
and comment as a sociologist of education, which is my academic area
of specialization, on conditions unfavorable to the full growth and
development of women Avithin the institution of the public schools, including higher education.

Much of what I am going; to say is supportive of what Mr. Howe
and Ms. Fraser liave said. I hope this will not be unduly burdensome.
Senator Mondale. That is fine.
Ms. Clark. Elementary schools present a facade of equal education
for boys and girls: Classes are coeducational and the formal curriculum appears to be the same for both sexes. In fact, under an ideology
of treating all children alike, boys and girls may be treated differently
in prepa'sation for social roles which they will assume in a sexist
society. In the 'past few years, numerous studies have descriptively
detailed sex-stereotyping in elementary school readers Boys and men
are overwhelmingly the central characters and they are actively mastering their environment. Girls are more often portrayed in passive
and dependent roles even in the mathematics and science books w^hich
might be expected to be neutral with respect to sex role assignment.
Traditional sex roles are also reinforced by the authority structure of
:

—

the school. The majority of elementary teachers are women 85 percent while the majority of elementary pricipals are men 79 percent.
I believe it is the case that women have lost ground in public schools in
administrative positions in recent years.
Observation of which sex is in which position in a school is important
"incidental" learning for children suggestive of the differential status
of men and women in our society.
have not lacked for concern over
what happens to little boys in the "feminine" atmosphere of the elementary school, but there has been insufficient attention to the effects
on girls of expectations that they be docile, conforming, obedient.
Could these sex-typed expectations be causual to observations that
girls possess limited vocational aspirations, are conflicted about

—

achievement, and feel inadequate in pursuing scientific and mathematical interests ? The weight and scope of evidence is more than persuasive that elementary school education is sexist for girls and boys
indeed.
At the high school level we find much the same situation. The texts
and library materials used in the secondary schools show the same
patterns of underrepresentation of women figures, representation in
limited stereotyped roles as wives, mothers, teachers, et cetera, such
"female" traits as docility, dependence, passivity, as curricular materials in elementary schools show.
In the secondary school, women teachers are no longer the majority
they were prior to the 1930's, and only 2 percent of the high school
principals are women. By the way, women do a little better in assistant
principal roles in elementary and secondary schools, but they are still
in the minority.
In addition to sex bias in the curriculum and in the administrative
structure, there are sometimes found glaring inequities in girls' physical education and interscholastic athletic program budgets.
Such inequities, while significant, are transcended by inequities in
vocational and technical educational programs. It could be argued that
it is ridiculous to confine girls' homemaking training to cookinc and

sewmg when

they will surely need carpentry, automechanics and elecminimal adult coping skills.
Nonvocational homemaking courses received a large portion of federal funds for home economics until very recently; young women in
tronics skills as

such courses were not being prepared for paid employment. Careful
scrutinizing of other federally assisted educational programs might
reveal similar biases.
Considering that over 40 percent of American women are in diverse
positions in the labor force, there is perhaps no otlier area of the curriculum which has greater need for nonstereotyped information and
for positive role models for girls than in vocational training and career
education. I have little doubt that traditional role stereotypes and overt
economic discrimination combine to restrict the aspirations of female
high school students.
Thus far, I have spoken to the need for curriculum content analysis
and reconstruction, the need for development and dissemination of
nondiscriminatory materials and programs, and the need for examining and changing inequitous programs of physical education, vocational and career education. [Section 4 (1), (6), (7).]
The "hidden curriculum" conveying stereotypic sex roles and expectations in the first two levels of public education may be at bottom of
the fact that women high school graduates enter college with higher
achievement records but lower vocational aspirations than men high
school graduates.
crucial issue in women's education, then, is aspiration. I believe
that women teachers have been socialized to accept their subordinate
place. They have not struggled to become administrators nor have they
sought until recently to change the education of women generally.
But with the resurgence of a feminist movement in the last few
years many women have begun to express resentment at policies of
exclusion from leadership roles in education, whether as school principals or college deans and presidents.
An adequate supply of able and well-trained women candidates is
prerequisite to a successful effort to increase the number of women
administrators in the schools. This implies that graduate degree programs in educational administration will be open to admission of
women, that efforts will be made to recruit women students in greater
number and that faculties will more frequently include women professors on their staffs which are currently 98 percent male.
I should inject at this point that the staff of the divisional educational administration at the University of Minnesota is 100 percent
male.
Preparation, however, is only half of the problem. Since more
women are cuT-rently earning advanced degrees in educational administration and supervision than are hired into adniinistrative positions
at
subsequently, attention must be paid to affirmative action efforts,
the local. State and national levels, or the expansion of advanced
section
to include more women will be to no avail
degree

—

programs

4 (13), (14).
,
,
Several provisions in section 4 appear to pertam to the burgeonmg
of women's studies programs at colleges and universities throughout
this count i-y. We have one begun this year at the University of Minnesota. I would like to emphasize that development of these programs
is likely to be stymied unless Federal support is forthcoming. For
like the black, Indian and Chicano studies programs which preceded
eduthese, development will be difficult to impossible since most higher
.

32
cational institutions are facing sijinificant retrenchments and moneys
for worthy new programs are scarce to nonexistent. Women's studies
programs aim to build a curiculum which compensates for prior deprivation, raises the consciousness of many women, encourages research
on the unpublished history of women, and works for social change.
Teachers, especially at the elementary and secondary levels of the
educational system, need both the consciousness-raising aspects and
the com])ensatory education aspects of women's studies. Such sensitized and infoiined teachers could then change the existing sexism of
curriculum and classroom.
In sunnnary to this point, I have argued that study of the formal
and informal curriculum of the school, development of new nonbiased
instructional materials, expansion of physical education and vocational and career education progi-ams, retaining of teachers, recruitment of more women into administrative positions all of which are
supported by this act will help girls and boys reach their full human

—

potential.

Leadership in program development and preparation of personnel
are contributions of higher educational institutions to the public system. Higher education will logically be the site of the research and
evaluation features of this act, and the personnel development provisions. Thus, the situation affecting women students and women faculty
in colleges and universities is relevant to the leadership and role
modeling which will be provided to elementary and secondary schools,
and to community education programs for adult women.
My colleague. Professor Aldous, and I have been women's rights
activists as well as academicians at the University of Minnesota.
havedone various forms of mischief which are known and we have
also studied the structural characteristics of professions which make
Avomen's full participation problematic in higher education. Also, we
have attempted through collective action to produce a more equitable
system. From this experience, Joan would like to share some reservations relative to the effect of the act on reform of policies and practices
in higher education.
In closing, may I express my appreciation to the sponsors of this bill
for making a serious and, we trust, successful effort to create a more
just society. Since an adequate level of funding will be necessary to
achieve the promise contained in the act, I hope that Congress will be
mindful of the appropriations needed to translate act into action.
I would be very pleased to respond to questions.
Senator Mondale.
don't we hear from Joan Aldous and then
I will direct questions to you.

Why

Ms. Aldous. Senator Mondale, ladies and gentlemen, any congreshaving the overall goal of achieving "educational equity for
all students, men and women," cannot
help but attract the favorable
attention of those of us who have been working for this goal in

sional act

universities.

My experience as professor of sociology at the University of Minnesota

and as current chairwoman of the Council for University

Women's Progress, has taught me how difficult it is to reach this goal.
The council, I should explain, is an organization composed of students,
civil .service personnel,
faculty, and administrators struggling for educational equity at the University of Minnesota.

33
in
present some background information on the diflficulties^
information
the
relate
then
and
in
education
higher
reaching equality
to the bill's provisions.
First of all, the problem in the universities of educational inequities
lies largely in the failure of women to be hired, promoted, and paid in
recent report of the
ways commensurate with their competencies.
American Council on Education, for example, shows that the percentage of women who are faculty members in colleges and universities was
19.1 percent in the academic year 1968-69. In the academic year 197273, after all the talk about recruiting women into university positions,
the figure was still only 20 percent, an increase of 0.9 percent.
This failure to hire women is not due to the absence of a pool of
trained women. Most women in universities whether in secretarial,
instructor, or positions as administrative assistants are over-qualified
for their positions. To take but a few illustrations, in my own field
of sociology, 17 percent of all the Ph. D.'s granted in the 1960's went
to women. In physiology, the figure was 14 percent and in chemistry
it was 7 percent.
To put the situation bluntly, women are not permitted to exercise
their talents due to discriminatory personnel practices. At the present
time, therefore, our educational system is working well to turn out
women qualified to hold the most demanding positions in administration or in the whole spectrum of academic disciplines in higher education. What the system is not doing is providing job, pay, and promotion opportunities. Thus any bill designed to "achieve educational
equity" in universities and colleges must make sure that it is not adding to the number of trained women who are blocked from obtaining
jobs for which they are qualified. What can be done ?
Any training programs as specified in part C of section 4 of the bill
should not be funded unless the sponsoring institution itself does not
discriminate against women in hiring, promotion, and pay. The institution should also have firm plans for the placement of the women
trained. Similarly, Federal funds for creating positions as specified in
part E of section 4 should be given for limited time periods and only
where there is assurance that the grant recipient would take over the
positions' funding. These requirements would help insure women's
receiving work as well as education.
do not need Federal assistance in turning out qualified women
who cannot find jobs commensurate with their training or women in
temporary positions. The present system accomplishes this only too

Let

well.

Finally, I would implore that strenuous efforts be made to beef up
the enforcement arm of the Office of Civil Rights. We at the Uniand I am sure you will find a record of this is
versity of Minnesota
in a long file of letters to you through the Council for I^'^niversity
Women's Progress have had on file a complaint charging discrimination on the basis of sex against the university for almost 3 years.
The council's complaint is well documented. Put the Chicago office
that administers the INIidwest area has only some six or seven investigators to investigate complaints that number in the hundreds. The
Federal legislation that would prevent discrimination hi personnel
It
practices is already in existence for higher education institutions.

—

34
only needs to be enforced. And for tliis reason, funds to hire additional sophisticated staff persons at the Office of Civil Eights are
essential.
are open to questions.
Senator Moxdale. Thank you very much. If this leoislation were
adopted without changes that you have suggested, so there is money
for education, but no teeth, would you prefer not to see it adopted?
j\Is. Aldous. I think it would really add to the frustrations that
women already- experience. You see, we very often have women in
positions as secretaries, who have bachelor's and master's degrees.
They are over-trained for their jobs. Training courses without tlie
provision of jobs would be like the poverty programs, where you
trained people for jobs that were nonexistent. I think this can only
add to the frustration of women. Maybe you can say this would be
a good thing, because then you would have frustrated women woi'king

harder for equal rights. But the costs in energy, both psychological
and phj^sical would be high. The cost to the country of ignoring a
source of competent personnel would also be high.
For that reason I really feel very strongly that you have to put
bill, because institutions are alto have Federal funds and particularly at the present time.
Some universities might institute these training programs, and they
would be institutions that are discriminating most flagrantly. In fact,

sex antidiscrimination teeth into this

ways eager

the training programs might very well, ironicall}' enough, be largely

by men.
Senator Moxdale. I cannot help ])ut be struck by the almost identical
recitation of problems in the civil rights movement, it is almost the
same, the textbooks, poverty, the whole thing.
I would ask the staff to find out how many people are assigned at

staffed

the civil rights

office

to sex discrimination,

and we might well pre-

pare an amendment to beef up that staff.
I asked Ms. Fraser earlier about the efforts within the women's
movement to sue. I think there is something instructive about this. To
ask the government to sue other governments, schools and the rest,
I think you are going to be disappointed. They do not like to stir up
trouble. As we are finding in the legal services program for the poor,
just as soon as it gets going, somebody stops the program. It is not

what they want.

You have

That gets expensive, but there are
There must be lawyers who are willing to help.
I make this point because I have been interested in this a long time.
There is nothing like a lawsuit. I think Samuel Johnson said that a
to take the lead to sue.

ways of cutting

costs.

death sentence concentrates the mind wonderfully. And a lawsuit
can do the same thing.
That will move them along faster than anything.
Would you tell me what the Council for Women's Progress at the
university is? I think you referred to it in your testimony. How long
has it been in existence and are there similar organizations on other
campuses, et cetera ?
Ms. Clark. I was the first chairwoman of the council and we organized ourselves approximately 3 years ago, somewhat spontanegroup of women faculty, civil service, and student women
ously.

came toovthor findino; that individual complaints were really a social
problem of sorts. Our purpose is to study the status of women and then
to take appropriate action
I think iJiere are man}-,

on the basis of the data

frs^thered.

We are not
each of the other, though we do communicate through informal channels. Such organizations are found, I believe, at most colleges and universities now and the interests are very, very simihir. We
are interested in promoting tlie education of women, promoting opportimities for women, promoting compliance to the statutes and
executive orders that have been provided to improve our status, and so
man}' organizations like ours.

alHliates,

forth.

Vte are certainly a viable kind of organization on the campus.
Senator Mondale. You are in the administration at the University
of ]Minnesota ?
Ms. CLAr.K. I

acting assistant vice president in academic admin-

istration.

Senator Moxdale. How long have you been there?
Ms. Clark. I have been at the univei-sity G years. ]My position as
acting assistant vice president in academic administration began 1

month

ago.

Senator INIoxdale. How is it working out ?
Ms. Clark. After 1 month, it seems to be working well the work
is not sex-typed.
Senator Moxdale. I see you are getting rid of the president.
Ms. Clark. I had nothing to do with that. He will be leaving to
head the Fund for the Republic early in the summer.
Ms. Aldous. I have one point to make here that is rather interesting.
Universities have in the past had a strateg}^ of placing women in administrative jobs as assistant to the dean or assistant to the de;

])aitment chairman or assistant to the vice president.
These are always immensely capable women, so if you reall}' want
are anxious
to find out what is going on, you talk to these women.
to find out what Dr. Clark's position would be, whether it would be
assistant to the vice president, or assistant vice president. She is the
first assistant vice president at the University of Minnesota who is a
woman. This was really a great step forward. If we can just see that
all of tliese "assistants to" are upgraded and the "to" removed from
their names, which would assure
as it does in the case of males who
are in assistant positions that there would be increases in salaries,
and that would be very good.
Senator IVIondale. I notice in all the testimony thus far, while there
is some reference to it, most of the emphasis is understandably upon
discrimination and how it affects unfairly people ^vho are discriminated against. Has anybody made the case in terms of what it is costing the country at the other end of it? If you discriminate, almost by
definition, for irrelevant reasons, you are denying yourself and your
country is denying itself something that could profit from it, the
intelligent mathematician, the skilled biochemist, the gifted teacher,
the skilled administrator, whatever it is has anybody tried to quantify or describe the loss to this country from these policies?
Ms. Clark. I think there is attention to that. Economists who work
in the area of human capital development, I believe, are very inter-

—

36
ested in this kind of a problem, and have in the last 10 years at least
addressed themselves to whether there is talent wastage in a society
of people who have high aspirations, are very well trained, and then
are underemployed or are not employed.
In the mid-1960's another colleague and myself undertook with supwomen
port from the U.S. Office of Education a national study of
Ph. D.'s, matched with a national sample of men Ph. D. "s. Our sample
wanted to answer a queswas over 5,000 recent Ph. D. graduates.

women lost? There
were those who were arguing that women should not be included in
Ph. D. programs when men could be, because women vrere not as committed to a career, they were not as productive, as scholarly, they married, had children, were not seen or heard from again.
We found even at that point that such was not the case. I think there
was some attention to this in ]Ms. Fraser's speech that the higher the
tion

Is this investment in the higher education of

amount of education attained, the more likely it is that the woman will
be in the labor force in this country, and we found that practically all
of the women Ph. D.'s were employed basically in positions commensurate with their training, although there were some differences in
status and salary between the women and men doctorates.
Senator Mondale. I think almost all of these social wrongs are not
only wrong, they are foolish, just from the buck standpoint.
In the civil rights movement there have been studies of what discrimination cost America, not just the people who are discriminated
against and their families, but America. This must be an enormous bill
we pay through indirection every year for unfairness. I do not know
if there is any literature on this.
Well, thank you very much.
witness is Dr. Bernice Sandler, director, Project on the
Status and Education of Women, Association of American Colleges.

Our next

If you will proceed.

STATEMENT OF DR. BEENICE SANDLER, DIRECTOR, PROJECT ON
THE STATUS AND EDUCATION OF WOMEN, ASSOCIATION OF
AMERICAN COLLEGES, WASHINGTON, D.C.
Ms. Sandler. I would like my full statement printed in the record.
Senator Mondale. Without objection, it will appear in the record
at the conclusion of your testimony.
Ms. Sandler. Discrimiiuition against women and girls in our educational institutions is real and not a myth. Until the last few years
it has gone unnoticed,
unchallenged and unchecked. Indeed in 1970,
when the first charges of a pattern and practice of discrimination were
filed against colleges and universities, there were not laws Avhatsoever
forbidding sex discrimination in our schools and colleges. Women students and faculty had no legislative protection only Executive Order
11246 applied, and that covered only institutions with Federal
;

contracts.

Senator INIondale. Let's stop right there. In other words, it is an
Executive Order.
Ms. Sandler. That was the only Federal coverage we had back in
1970.

37
Senator Mondale. Where are we now ?
Ms. Sandt^er. We have really had a legislative explosion. I think it
was one of the least noted achievements of the 02d Con^rress. Title VII
of the Civil Rights Act, which covers emploj^nent, was amended in
jNIarch 1972 to cover all educational institutions, public or private,
regardless of whether or not they received Federal assistance. It covers
all schools
elementary, secondary, and postsecondary.
Senator jSIondale. Title VII prohibits discrimination

—

Ms. Sandler. In employment.
Senator Mondale. In all institutions, public and private?
Ms. Sandler. Yes.
Senator Mondale. What does Title IX do ?
Ms. Sandler. Title IX of the Education Amendments of 1972 prohibits discrimination not only in employment, but also against
students.

Senator Mondale. Title VII

really

employment and

Title

students.

Ms. Sandler. Students and employment in federally assisted education programs are both covered by Title IX.
Senator Mondale. Are those the two main ones?
Ms. Sandler. Those are the main ones. The other one is the Equal
Pay Act which was amended to delete the exemption for executive,
administrative, and professional employees, so that women faculty
liave coverage under that act as well as under Titles VII and IX.
Senator Mondale. Is that just Federal employees?
Ms. Sandler. The Equal Pay Act does not cover Federal employees,
but covers virtually eveiy employee in educational institutions.
Senator Mondale.
basis less than they

You cannot pa}' someone on a discriminatory
would receive based on their ability?

Sandler. Yes.
Senator Mondale. All right. Title IX has not been implemented yet,
because it is awaiting regulations.
Ms. Sandler. The law is in effect now, but the proposed regulations
have not been issued. The latest I heard was they are close to the
ISIs.

Secretary's desk.

Senator Mondale. Have any lawsuits been brought under Title "VrCI ?
Ms. Sandler. Yes. There are several in the courts, and tlie Department of Justice has gone in against Oklahoma State University. The
Equal Employment Commission has gone in against Tufts University,
and several women have instituted private suits.
The University of Minnesota recently had a case filed against it
under Title VII.
Senator Mondale. I think you can recover legal fees under Title VII,
can you not?
Ms. Sandler. Yes. None of these cases have been fully settled yet,
gone through full litigation. The University of Minnesota case involves a woman asking for $750,000 in damages $500,000 compensatory and $250,000 punitive damages. Many institutions are now being
sued for several million dollars, iDut as I say, none of them have gone
through the courts yet.
Senator Mondale. So there is now a much more impressive legal

—

framework ?

38
Ms. Sandler. Yes

it is

;

no longer only a moral

issue,

but a legal issue

as well.

With the passage of Title IX, many of the overt forms of discriminanow prohibited by law discriminatory admission are forbid-

—

tion are

courses in coeducational schools and colleges must be open to
students on the basis of their abilities and not on the basis of their

den
all

;

all

reproductive organs differential regulations, policies, and practices
are forbidden equal access to all programs and facilities is now a
matter of national policy and legislation. But much of the discrimination that young girls and women face goes beyond the matter of official
;

;

j)olicies

and

practices.

Our young women, even when allowed

equal access, will still face a
Our schools like the rest of
sex
discrimination.
of
pattern
pervasive
wel)
of
outdated
in
a
attitudes,
are
stereotypes, and ascaught
society,
are now more
women
the
fact
that
women.
about
Despite
sumptions
than 40 percent of the work force incidentally they are the fastest
growing segment of the labor force our schools still operate as though

—
—

women marry and quit work.
Our young girls are not encouraged

all

to think of work as part of their
future lives, although most of them will work for 25 years or more,
regardless of whether or not they marry, have children, or take time
off for child-rearing.
From the time a young girl enters school she learns more than just
reading, writing, and arithmetic. Her textbooks are far more likely
to be written about boys and men girls and women are rarely major
characters. She will read about boys who do interesting, exciting
things they build rafts and treehouses they have challenging adventures and solve problems, and they rescue girls who are "so stupid"
that they get into trouble. One typical book pictures a 14-year-old girl
standing on a chair, screaming because there is a frog on the floor her
8-year-oId brother rescues her.
When girls appear in books, they are passive; they watch, they
read, they dream, and are incapable of solving the most elementary
problems. About the most exciting thing that girls do in books is help
mother with the dishes or take a trip to the supermarket.
Although half the mothers of school-age children now work (and
one-third of the mothers of preschoolers also work), mothers in chil;

;

home and usually wear aprons.
tell you more about half of our population, our
and women, and how their lives and talents and aspirations are

dren's books all stay

I could go on and
girls

crippled by a society which sees them as second-class citizens. I could
you of well-meaning teachers and counselors who tell our young
women that most fields are "too hard for a female," or who tell young
women "not to worry about a career because a pretty girl like you will
get married." I can tell you of a second grade teacher who told a
parent not to worry about a bright girl who was bored in school, because "after all, she'll only be a housewife." And I can tell you of teachers who tell their students that boys are better in math, which becomes
a self-fulfilling prophecy, even though there is no difference in math
achievement in the early years of grade school.
I can tell you, too, of professors who tell their women students that
women should not be professionals my own adviser told me this a few

tell

—

39
years ago

;

work and
;

who discourage women
I can tell

students from considering graduate
you of professors who ignore women students in

"jokes" about how the "girls" wouldn't underare talking about." I could tell you about the
"underachievement" of women, which is a national scandal. P"or too
many women, education produces a profound sense of inferiority.
Half of the brightest people in our country are women, yet the
average woman witli a bachelor's degree who works full time earns
about the same median income as a man who is a high school dropout.
No nation can long afford to waste half of its resources; yet that is
precisely wliat is happening throughout our society now. If we are to
begin to remedy the injustices that women face we will need a massive
program to counteract the biases that women encounter.
S. 2518 would help develop new^ programs for women and girls at
all levels, programs which would help women overcome the disadvantages of being raised in a society where they are not given the same
opportunities that are the birthright of their brotliers.
Mucli of what hajjpens to women and girls is unconscious and not
deliberate but that does not make it hurt any tlie less. S. 2518 would
allow for the development of materials, training programs, and inservice programs to help our educational personnel fulfill their obligations and new responsibilities toward our young women and men. I
think we need training to help women help recognize what the world
is now like, that they will work.
In contrast with the previous witness, I think if we do not have
training, we will have more angry women and not few^er angry women.
Certainly we need to end discrimination on the job, but we cannot wait
for til at before we train women. "\Ve need to train women now, and
we need to train teachers to deal with women and girls.
The bill would encourage the development of all sorts of programs
programs designed to encourage young women to enter study areas

their class, or

make

stand "what we

men

—

and jobs from which they have traditionally been excluded; model
programs in providing education evaluation and development of textbooks and curriculum; reach-out programs for poor women, unemployed Avomen, older women.
Specific attention also needs to be given to minority females. Too
often many of our minority programs have been aimed at minority
males, and too often, our programs aimed at women have focussed on
white women. For example, textbook publishers have made a special
effort to show pictures of blacks and other minorities in prestige
positions; minorities now appear in books as doctors, judges, engineers.
But these pictures and stories are almost exclusively limited to
minority males. It it a disservice to hold out encouragement for higher
aspirations to male children only. S. 2518 specifically allows for programs to bo developed for minority females of all cultural and ethnic
;

groups.

Some people have raised the question that because of Title IX we
may not need such a bill as S. 2518. Title IX forbids discrimination on

the basis of sex in all federally assisted education programs, but it will
not create new programs for direct assistance to women. For example,
Title IX prohibits a school from denying girls admission to an auto

40
mechanic course. (Incidentally, my own daughter could not get into
such a course a few years ago.)
However, Title IX would not provide for a new program to be designed to directly encourage girls to take the course, or to train counselors to advocate the entry of girls into such a course, nor would it
train the instructor to deal fairly with the new female students. To
merely end discrimination is not enough; new^ programs are vitally
needed to deal with the new issues arising as discrimination ends.
Some may ask why is a separate bill necessary: Cannot the same
things be done by already existing programs ?
and in the U.S. Office of Education are numerous proIn
grams where funding for specific activities concerning w^omen might
w^ell be funded. The likelihood of any substantial effort for developing women's programs by OE is very small, considering OE's j^ast
history. In November 1972, the Commissioner's Task Force on the
Impact of Office of Education Programs on Women, issued its report
"A Look at Women in Education Issues and Answers for HEW."
The report is damning, particularly when one notes that it was prepared by OE personnel who are thoroughly familiar with the problems of OE programs. The following quotes are from the report

HEW

Throughout the agencies (OE and NIE), the Task Force found little under* *
*. Unless equal opportunity for women
standing of educational awareness
is made a priority, neither agency is likely to sustain major changes (p. 66).
* *

* it is

abundantly clear that education contributes its share to the exits system of formal education, society should seek
to open doors to lifelong opportunities. On both
to
counts, education is failing the female sex (p. 21)
OE funds help to support the many discriminatory practices that make it par-

women. Through
nurture young minds and

ploitation of

women to gain access to the education they want (p. 32).
which
The report,
is 141 pages long, examined virtually every program within OE, NIE, and OCR for women, and documents how
Government activities, programs, policies, and practices ignore the
problems of women. Specific recommendations were made, and eventually various heads of administraive units were asked to respond to
the recommendations. To the best of my knowledge, these recommendations have not been officially accepted, nor implemented, nor has a
ticularly difficult for

date been set for future implementation. It is clear that, without a
specific mandate from the Congress, such as that contained in S. 2518,
on its own initiative.
very little will be done by
have their
Moreover, the categorical programs supported by
own priorities: The aim of the vocational education program, for
example, is not to help women but to support vocational education.
With the substantial budget cuts being implemented throughout HEW,
the most favored programs of administrators are those most likely to
be funded, with women's programs given a low priority.
^
Wliat is needed is a crosscutting approach, a program that would
override narrow categorical aims, a program that would indicate commitment at a national public policy level. And this is what S. 2518

HEW

•

would

do.

Would S. 2518 conflict with the equal rights amendment when ratified? The equal rights amendment would forbid discriminatory practices

and

policies

by Federal,

State,

and

local governments. It

would

make

sex a "suspect" classification in the same way that race is a
"suspect" classification under the 14th amendment. The question may
then be raised as to whether activities funded by S. 2518 would be
preferential treatment, and violate either the equal rights amendment
or the 14th amendment.
The courts have held that when shaping a remedy for race discrimination, present correction of past discrimination is not preferential. Case after case has upheld affirmative action measures as a
proper and equitable means or relief. In numerous school desegregation cases, affirmative correction programs of a far stronger nature
than those continued in S. 2518, have been implemented by the courts.
Mere nondiscrimination is not enough concerted effort is necessary to
remedy the effects of past discrimination.
I might add that the bill does contain a provision that men could
not be excluded from any of the programs funded by this bill, and we
welcome that provision.
There is also congressional precedent for this type of assistance.
Title ly of the Civil Rights Act of 1964, the Commissioner of Education is empowered to render technical assistance to public institutions preparing, adopting, and implementing desegregation plans.
The Commission is also authorized, through grants or contracts with
institutions of higher learning, to operate short-term or regular session institutes for special training to improve the ability of teachers,
supervisors, counselors, and other elementary or secondary school personnel to deal effectively with special educational problems occasioned
;

by desegregation.

Title
of the Education Amendments of 1972 amended Title IV
to include sex, so that statutory authority for some of the programs
covered by S. 2518 already exists, although no funds were appropri-

ated for these purposes.
However, S. 2518 recognizes that the problems of women are not
identical to those of racial minorities. The latter have been excluded
by separate school systems. In contrast, the problems of women occur
within an "integrated" setting; females have been involved in coeducational institutions but have not had equal treatment, encouragement, or opportunities within those institutions. Title IV deals only
with desegregating institutions and would apply only to those single
sex schools that are in the process of admitting the other sex. Title IV,
therefore, does not apply to coeducational institutions.
S. 2518 would allow for the development of programs in a variety
of Settings both in and out of school. The Congress has passed legislation for programs dealing with other disadvantaged groups S. 2518
would similarly provide for programs for women.
Our educational and community institutions will need a substantial
amount of assistance if they are to help women gain their place as
equal participants and beneficiaries of our society. These institutions
are caught in the traditions and policies of the past, traditions which
are outmoded by the new realities of women working, of nondiscrimination laws, and the new recognition of the rights of women. The way
to solve the problems emerging as women's role changes is far from
clear we do not know the answer or the best way to handle the new
ideas and issues.
;

;

42
It will be difficult, however, if not impossible, to discover these answers unless there is a concerted substantial effort at a national policy
our institutions receive
level, with funding and commitment. Unless
of dishelp of this sort, they will be vulnerable to continued charges
crimination as well as being unable to adequately fulfil their responsi-

women.
Although the women's movement is growing at a tremendous rate,
women's groups are not well financed nor able to mount a comprehensive program to do what needs to be done the Government must lead
the way to help our Nation utilize the human resources of this Nation.
And half of those resources are women.
S. 2518 asks for a pathetically small amount of money $15 million
for the first year with slightly larger amounts in the 2 years following.
And $15 million is approximately the cost of one F-14 jet plane.
half of its
Surely our Nation can well afford that amount to help
citizens overcome the disadvantage of having been born female in a
society where being born female is too often a handicap.
Senator Mondale. Thank you very much for a very strong statebiities to

;

ment.
"Wliat institutions are represented by your association, and how did
the association happen to establish this project on status in education ?
Ms. Sandler. The Association of American Colleges is composed of
the undergraduate liberal arts colleges, mainly private, but several
were the first, I think, of the educational associapublic as well.
tions of institutions to realize that something needed to be done to help
institutions fulfill their responsibilities.
In 1971, a proposal was written, and then funded by the Carnegie
Corp. of New York, the Danforth Foundation, and the Exxon Educa-

tion Foundation.

Senator Mondale. Exxon ?
Ms. Sandler. Yes. It used to be Esso.
Senator Mondale. Terrific. It occurred to me that it might make
sense to look at the various agencies in the Federal Government which
already have responsibilities, such as Office of Education, Civil Rights,
and others, and make an analysis of their present policies and staffing
structure, as they apply to reinforcement and implementation of these
proposals and the appropriations levels, and make an analysis maybe
make an analysis of what is needed in
this has already been done
terms of personnel, funding, and so on. Maybe we should put in an
omnibus implementation bill. My guess is it would not be very

—

expensive.

Ms. Sandler. Yes, additional

ment

staffing is

needed in

all

the enforce-

agencies.

Senator Mondale. For example, how many people in the HEW's
Office for Civil Rights are working on sex discrimination ?
Ms. Sandler. Sex discrimination is not handled separately from
other discrimination. The Division of Higher Education at the Office
for Civil Rights handles all higher education institutions that are
covered under the Executive order, or Title IX, or Title VI, which
covers race discrimination.
Senator ?\Iondale. They could break out the approximate man-years
that are bemg applied to this part of the bill. They do in everything
else.

HEWs

Office of
own impression in dealing with
that it would be extremery difficult for them to break
out almost any information. Until very recently they could not even

Ms. Sandler.

Civil Eights

you how many complaints had been filed.
Senator Moxdale. You will find you cannot get any information
when they are embarrassed at the answer, that is usually the problem.
We ought to ask each of the agencies precisely how many full time
is
people they have, who they are, and try to get a profile on what
on.
going
Ms. Sandler. That would be extremely helpful.
Senator Mondale. I would think maybe that would be one of the
things we can do. We raised spending levels for the OCR by about $2
million, and one of the arguments was that the education amendments
tell

imposed new responsibilities
Ms. Sandler. Yes, Title IX.
Senator Mondale. But we do not have a breakdown here. I think it
would be a good idea to try to get a specific analysis of what is happening in each of the related agencies and see what we need to do by w.ay
of appropriations and maybe staffing.
Ms. Sandler. That would be extremely useful. I know in higher
concerneducation there have been more complaints filed with
minorities
the
other
filed
all
than
those
sex
discrimination
put
by
ing
together. About 500 universities and colleges have been charged. Vir-

HEW

tually all those complaints ask that women at all levels be investigated: women faculty, staff, and students, because tlie problems of
women are by no means limited to professional women.
will see what we
Senator Mondale.
ought to get an analysis.
can dig out on that. Anything anyone can help us with will be

appreciated.

Thank you very much.
[The prepared statement and supplemental information from Ms.
Sandler follow:]

44
OF WOMEN
THE PROJECT ON THE STATUS AND EDUCATION

STAFF:

Bamice Sandler.
Director

Margaret Dunkk>,
Research Associate
Franoelia GIsaves,
Research Assistant

association of

I american colleges
1818 R STREET. N.W.

•

WASHINGTON,

20009

D.C.

•

(202)

387-1300

TESTIMONY OF BERN ICE SANDLER,
Director, Project on the Status
and Education of Women,
Association of American Colleges

before the
LABOR AND PUBLIC WELFARE COMMITTEE

October 17,

1973

WOMEN'S EDUCATIONAL EQUALITY ACT OF 1973

am Or. Bernlce Sandler, Executive Associate and Director of the

Project on the Status and Education of Women at the Association of American
Colleges.

Formerly,

was the Chairman of the Action Committee of the Women's

Equity Action League (WEAL) which was instrumental

bringing about federal

enforcement of Executive Order 11246 regarding sex discrimination in universities
and colleges.

am a member of the Board of numerous women's organizations,

including WEAL, and

am also a member of the Advisory Committee on the Economic

Role of Women to the President's Council of Economic Advisers.

am also a

former Visiting Lecturer at the University of Maryland, and a former Educational

Specialist, working on women's rights, with the House of Representatives'
Special Subcommittee on Education.

Discrimination against women and girls
IS real and not a myth.

our educational

institutions

Until the last few years it has gone unnoticed.

45
- 2 -

unchallenged and unchecked.

Indeed in 1970, when the first charges of a pattern

and practice of discrimination were filed against colleges and universities,

•

there were no laws whatsoever forbidding sex discrimination in our schools and

colleges.

Women students and faculty had no legislative protection; only

Executive Order

2U6 applied, and that covered only institutions with federal

contracts.
was not until 1970 that any Congressional hearings were ever held on
sex
the subject of/^discr iminat ion in education.
Representative Edith Green's hearings
It

before the Special Subcommittee on Education documented

pattern of sex discrimination

massive and extensive

over 1200 pages of testimony.

One of the least noted achievements of the 92nd Congress, however, was
the legislative "explosion" concerning sex discrimination in education.
of the Civil Rights Act

Institutions;

Title Vll

(which covers employment) previously excluded educational

March 1972 that exemption was removed with the passage of the

Equal Employment Opportunity Act.

institutions, public or private, and

regardless of whether or not they receive federal assistance, are now covered
by Title Vll.

Similarly, Title

of the Education Amendments of 1972 contains

provisions protecting students and employees from discrimination on the basis of
sex in all

federally assisted education programs.

Title

also removed the

exemption for professional, executive and administrative employees contained

the Equal Pay Act of 1963, so that women faculty are now covered.

October 1972 the Congress extended the jurisdiction of the U.
Civil Rights to include sex discrimination.
a national

policy to end sex discrimination

With the passage of Title

IX,

Commission on

The Congress has clearly mandated
in

education.

many of the overt forms of discrimination

are now prohibited by law-discriminatory admissions
'

Moreover,

forbidden

;

all

courses

Private undergraduate colleges and all single sex undergraduate colleges are
However, they are not exempt
exempt from the admission requirements of Title IX.
from the provisions forbidding discrimination after admission.

46
- 3

coeducational schools and colleges must be open to all

students on the basis

of their abiUties and not on the basis of their reproductive organs; differential

to all programs
regulations, policies and practices are forbidden; equal access

and facilities

But much of

now a matter of national policy and legislation.

the discrimination that young girls and women face goes beyond the matter of

official policies and practices.
Our young women, even when allowed equal access will still

pervasive pattern o^ sex discrimination.
are c?ucht
women.

Our schools,

face

like the rest of society,

web of outdated attitudes, stereotypes, and assumptions about

Despite the fact that wonen are now more than

our schools still operate as though al

women

hO%,

of the work force,

and quit

marry

'rtOrk.

Our young

girls are not encouraged to think of work as part of their future lives, although

most of them will work for 25 years or more, regardless of whether they marry,
have children, or take

tin-e

off for chi Idrearing.

From the time a young girl enters school she learns more than just reading,

writing and arithmetic.

Her textbooks are far more likely to be written about

boys and men; girls and wor'en are rarely major characters.

She will

read about

boys who do interesting, exciting things; they build rafts and tree houses; they
have challenging adventures and solve problems, and they rescue girls who are

"so stupid" that they get into trouble.
girl

standing

on a chair,

One typical book pictures

screaming because there

8-year-old brother rescues her.

When girls appear

l4-year-old

frog on the floor; her
books, they are passive;

they watch, they read, they dream, and are incapable of solving the most

elementary problems.

About the most exciting thing that girls do

help mother with the dishes or take

books

trip to the supermarket.

Although half the mothers of school-age children now work (and one-third
of the mothers of pre-schoolers also work) mothers in children's books all

stay

47
-

hcxne

and usually wear aprons.

They are

sor.ewhat crabby group,

always

entreating their children to be clean and to be good, although they are
warm and loving when children are hungry or ill.
in

Wot7>en

are sinple characters

children's books; they have no interests beyond children and hone; they

rarely even drive cars; and they too are incapable of solving even the

simplest of problems,

like finding a box for a kitten, or mending a simple

problems are deferred "until Daddy comes home."

toy: all

Even arithmetic books

—a

seemingly neutral field

in a

noted many examples

riddled with

A sensitive 9th grade girl,

sexual stereotypes that cripple our young girls.

Ann KacArthur,

— are

Maryland junior high, analyzed her algebra textbook and
2

math problems, such as: boys and men deal with large

sums of money, make large purchases and invest their earnings.

Girls and wcxnen

Men

deal with smal ler sums, such as the amount necessary to buy butter or eggs.

and boys do interesting things: they build a road, paint a barn, ride bicycles

The problems that females deal with are almost always

and paddle canoes.

the home: they measure materials for a blouse, and are concerned about

"improbable and impractical age problems", such as: Janet being
Phil."

could go on and tell you more about half of our population, our girls

and women, and how they have their lives
a

and talents and aspirations crippled

society which sees then as second-class citizens.

well-meaning teachers and counselors who tell our young
are "too hard for

because

as old as

Women have no occupational role other than housewife or club nember.
I

could tell you of

wor-.en

that most fields

female," or who tell young women "not to worry about

pretty girl

grade teacher who told
in school,

like you will
a

get married."

career

can tell you of a second

parent not to worry about a bright girl who was bored

because "after all, she'll only be

housewife."

And

can tell you

As reported in the Women's Studies Newsletter, No. 4, Sumner 1973, p. 2.
(Feminist Press, Box 33k, Old Westbury, New York 11568).

48
. 5 -

of teachers who tell their students that boys are better in math, which

becomes a sol f-fulf

math achievement
can

tel.l

ing prophecy, even though there

no difference

the early years of grade school,
you, too, of professors who tell their women students

that women shouldn't be professionals; who discourage women students from

considering graduate worJc, and

women students

can even tell you of professors who ignore

their class, or make "jol<es" about how the ''girls" v/ouldn't

understand "what we men are talking about."

achievement" of women, which
produces

For too many women, education

our country are women, yet the average

bachelor's degree who works full time earns about the

income as a man who is a high school dropout.

waste

could tell you about the "under

sense of inferiority.

Half of the brightest people

woman with

national scandal.

half of its resources; yet that

throughout our society now.

saine

median

No nation can long afford to

precisely what

happening

we are to begin to remedy the inequities that

women face we will need a massive program to counteract the biases that women
face.
S.

25I0

would help develop new programs for women and girls at all

levels, programs which would help women overcome the disadvantages of being

raised in a society where they are not given the same opportunities that are
the birthright of their brothers.

Much of what happens to women and girls
but that does not make it hurt any the less.

unconscious and not deliberate
2518 would allow for the

development of materials, training programs and inservice programs to help our
educational personnel fulfill their obligations and new responsibilities toward
our young women and men.

The bill would encourage the development of all sorts

of programs--programs designed to encourage young women to enter study areas

49
- 6 -

and jobs from which they have traditionally been excluded; model programs

providing physical education, evaluation and development of textbooks and
curriculum; reach-out programs for poor women, unemployed women, older women.

Too

Specific attention also needs to be given to minority females.
often many of our minority programs have been aimed at minority males

and
For

too often, our programs aimed at women have focussed on whi te women.

example, textbook publishers have made a special effort to show pictures of

blacks and other minorities

prestige positions; minorities now appear

But these pictures and stories are almost

books as doctors, judges, engineers.

exclusively limited to minority males.

is a

disservice to hold out

encouragement for higher aspirations to male children only.

S.2519

specifically allows for programs to be developed for minority females of all
cultural and ethnic groups.

Relationship of Title

Title

of the Education Amendments of 1972 to

2518

forbids discrimination on the basis of sex in all federally

assisted education programs, but

assistance to women.

will

not create new programs for direct

For example, Title IX prohibits a school

girls admission to an auto mechanics course.
a

However,

from denying

would not provide for

new program to be designed to directly encourage girls to take the course, or

to train counselors to advocate the entry of girls into such a course, nor

would

train the instructor to deal fairly with the new female students.

merely end discrimination

not enough; new programs are vitally needed to

deal with the new issues arising as discrimination ends.

Why

Is a

Can't the Same Things Be Done by Already

Separate Bill Necessary?

Existing Programs?
In

HEW and in the U. S. Office of Education are numerous programs

within which funding for specific activities concerning women might well be
funded.

The

programs by OE

livelihood of any substantial

very small, considering OE's past history.

the Conmissioner'

The report

November 1972

Task Force on the Impact of Office of Education Programs on

Women Issued its report "A Look at Women
HEW."

effort for developing women's

Education:

Issues and Answers for

damning, particularly when one notes that

was prepared

by OE personnel who are thoroughly familiar with the problems of OE programs.

The following quotes are from the Report:
Throughout the agencies /^OE and NIEj, the Task Force found
little understanding of educational awareness...
Unless
equal opportunity for women is made a priority, neither
agency is likely to sustain major changes.
(p. 66)
... it is abundantly clear that education contributes its
share to the exploitation of women. Through its system of
formal education, society should seek to nurture young minds
and to open doors to lifelong opportunities.
On both counts,
education is failing the female sex.
(p. 21)

OE funds help to support the many discriminatory practices
that make it particularly difficult for women to gain access
to the education they want.
(p. 32)
The Report, which

I'tl

pages long, examines virtually every program

within OE, NIE, and OCR for women, documenting how government activities, programs,
policies and practices ignore the problems of women.

Specific recommendations

were made, and eventually various heads of administrative units were asked to
respond to the recommendations.

To the best of my knowledge, these recommendations

have not been officially accepted, nor implemented, nor has a date been set for
future

implementation.

clear that, without a specific mandate from the

Congress, such as that contained in
on its own Initiative.

2518, very little will be done by OE

51
- 8 -

Moreover, the categorical programs supported by HEW have their own
priorities: the aim of the vocational education program, for example,

not

With the substantial

to help women but to support vocational education.

budget cuts being implemented throughout HEW, the most favored programs of

administrators are those most likely to be funded, with women's programs
given a low priority.
It

also important to note that many programs are funded because of

This

personal contacts.

not to imply that the programs do not have merits,

but only that being part of the "old boy" network (the informal

of old friends and acquaintances)

sometimes useful

relationships

getting government

Women are largely excluded from this network: they are not the

funding.

administrators, they rarely serve on review panels, or advisory committees,
and are not often used as consultants to programs.
a

Education may be known as

"woman's field" butwomen are not part of the network that

determining policy and practices.

With

involved

specific bill for women's programs,

more women would enter the informal network, and have the opportunity to
affect other policies and practices.

What

needed

"cross-cutting" approach, a program that would

override narrow categorical aims,
at a national

Would

public policy level.

program that would indicate contnitment
And this

what

2518 would do.

25l8Conflict with the Equal Rights Amendment When Ratified?

The Equal Rights Amendment would forbid discriminatory practices and

policies by federal, state and local governments.

classification
the

l'4th

funded by

the same way that race is

Amendment.
5-

would make sex

a "suspect'

"suspect" classification under

The question may then be raised as to whether activities

2518 would be "preferential" treatment and violate either the

52
- 9 -

the Equal Rights Amendment or the lUth Amendment.

The courts have held that when shaping

remedy for race discrimination,

is not preferential".
"present correction of past discrimination

Case after

and equitable means of
case has upheld affirmative action measures as a proper
relief.

numerous school desegregation cases, affirmative correction programs

of a far stronger nature than those contained in

by the courts.

Mere non-discrimination

2518

have been implemented

not enough; concerted effort

necessary to remedy the effects of past discrimination.
Under the strict scrutiny utilized to determine discrimination concerning

classification,

a suspect

national

might well be argued that there

is a

Interest" to remedy the effects of past discrimination.

"compelling
This argument

would justify having sex-based remedial programs for women under the Equal Rights
Amendment.
(i.e.,

Moreover, when a classification which

race, sex)

usually deemed onerous

used to remedy past deprivations,

'Veasonable'or 'Vat ional basis^/may be used.
Sky

Katzenbach

lower standard.M. e.
v.

Morgan (384

(1966)), the court upheld the use of the "reasonable" basis test on the

ground that remediation of past inequities was Involved, even though

involved

a benefit based on race.
S.

2518

(Section 2(c)) contains a provision that men could not be

excluded from any of the programs funded by the bill, and we welcome this.

Inc.
Jones v. Lee Way Motor Freight
431 F2d, 2 FEP Cases 895 (10th Cir.
cert denied 401 U. S. 954, 3 FEP Cases 193 (1971); and other cases.
,

1971),

See, for example, the 1973 "Statement of Affirmative Action for Equal Employment
Opportunities" by the U. S. Commission on Civil Rights, and "Technical Comment #1
International Association of Official Human Rights Agencies, l625 K St., N.W,
Washington, D. C. 20006, September 1972.

'See, for example, Swann v. Charlotte-Mecklenburg Board of Education
1
(1971).

402 U. S.

53
-

Moreover, there

Congressional precedent to justify the programs

that would be undertaken by \^-

^518

Under Title

Act of 196^, the Commissioner of Education

IV of

the Civil Rights

empowered to render technical

assistance to public institutions preparing, adopting and implementing

desegregation plans.

The Ccxmission

also authorized, through grants

contracts with Institutions of higher learning, to operate short-term or
regular session institutes for special training to improve the ability of
teachers, supervisors, counselors and other elementary or secondary school
personnel to deal effectively with special educational problems occasioned by

The Commissioner

desegregation.

whole or

in part

training

also authorized to make grants to pay

for the cost of teacher and other school

inservice

personnel

dealing with problems incidental to desegregation and employing

specialists to advise in problems incidental to desegregation.

Title

of the Education Amendments of 1972 amended Title

sex, so that statutory authority for some of the programs covered by

to include
S.

2518

already exists, although no funds were appropriated for these purposes.
However,

2518 recognizes that the problems of women are not

identical to those of racial minorities.

separate school systems.

The latter have been excluded by

The problems of women occur within an "integrated"

setting; females have been involved in coeducational

institutions but have not

had equal treatment, encouragement, or opportunities within those institutions.

Title IV deals with desegregating institutions and would apply only to those
single sex schools that are
not apply to coeducational

the process of admitting the other sex.

institutions.

does

2518 would allow for the development

of programs in a variety of settings both in and out of school.

The Congress has

passed legislation for programs dealing with other disadvantaged groups;

would similarly provide for programs for women.

2518

54
- II -

Additional Recooitnendat ions

Although the bill

minor
exceptionally well-drafted, there are a few

technicalities that might best be changed:
Sec. 3(b)

lines 16 and l8 should read:"... at a rate not

GS 28
.to exceed the maximum daily rate prescribed for grade
In section 5332 of title 5, United States Code."

(underlining

added)

The GS 18 category
2.

keeping with other similar legislation,

would urge that the bill go into effect for the fiscal

year of

197't,

1976, and 1977.

1975 and 1976, rather than 1975,

Concluding Remarks
Our educational and community institutions will need

substantial

amount of assistance if they are to help women gain their place as equal

They a re caught in the traditions

participants and beneficiaries of our society.

and policies of the past, traditions which are outmoded by the new realities of

women working, of non-discrimination laws, and the new recognition of the
rights of women.

changes

The way to solve the problems emerging as woman's role

far from clear; we do not know the answer or the best way to handle
will be difficult,

the new Ideas and issues.

these answers unless there

is a

not impossible, to discover

concerted substantial effort at a national

policy level, with finding and commitment.

Unless our institutions receive

help of this sort, they will be vulnerable to continued charges of

discrimination, as well as being unable to adequately fulfill their
responsibilities to women.

Although the women's movement

growing at a tremendous pace, women's

do
groups are not well financed nor able to mount a comprehensive program to

what needs to be done; the government must lead the way to help our nation
utilize the human resources of this nation.

And half of those resources are

women.
S,

25l8asks for a pathetically small amount of money: $15 million for

the first year with slightly larger amounts in the two years following.

million dollars

the cost of one F-lU jet plane.

$15

Surely our nation can well

afford that amount to help half of its citizens overcome the disadvantage of

having been born female
handicap.

in a

society where being born female

too often a

55
THE PROJECT ON THE STATUS AND EDUCATION OF (WOMEN

STAFF:

Bottik* SmmIIv,
Director

Margart Dunkto.

^k ^^
mw\1 ^^^
1

Research Atsociat*

Francelia Glaave*.
ReMsrch Assistant

association of

american colleges
1818 R STREET, N.W.

WASHINGTON.

November 1972

D.C.

SOME USEFUL BIBLIOGRAPHIES ON WOMEN

20009

•

(202) 265-3137

EDUCATION

WOMEN: A BIBLIOGRAPHY ON THEIR EDUCATION AND CAREERS; by Helen S. Astin, Nancy
Suniewick, and Susan Dweck, 1971. Annotated. Available from The Human
Service Press, Suite l60, ^301 Connecticut Avenue, N.W., Washington, D. C.
20008.
$5.95 (2C% discount on orders of 10 or more copies and to libraries).

WOMEN'S HIGHER AND CONTINUING EDUCATION: AN ANNOTATED BIBLIOGRAPHY WITH SELECTED
REFERENCES ON RELATED ASPECTS OF WOMEN'S LIVES; by Esther Manning Westervelt
and Deborah A. Fixter, 1971.
Annotated. Available from Publications Order
Office, College Entrance Examination Board, Box 592, Princeton, New Jersey
085'*0.

$1.50.

IN HIGHER EDUCATION: A SELECTIVE BIBLIOGRAPHY; by Linda A. Harmon,
Annotated. Available from Iowa State University, The Library, Attn:
$3.50.
Photodupl icat ion Center, Ames, Iowa 50010.

STATUS OF WOMEN
1972.

The Business and Professional Women's Foundation has published h annotated bibliographies on specific topics: Career Counsel ing (1972) Women Executives (1970)
Sex Role Concepts (1969), and Working Mothers (I968). The first two are
$0.50 each and the second two are free. Available from Business and
Professional Women's Foundation, 2012 Massachusetts Avenue, N.W., Washington,
D. C. 20036.
,

BIBLIOGRAPHY ON THE TREATMENT OF GIRLS IN SCHOOL; by the Feminist Press, 1972. Some
annotation. Available from the Feminist Press, Box 33'*, Old Westbury, New
Free to students and teachers (if they include a stamped, selfYork 11568,
addressed envelope).

HANDBOOK ON WOMEN WORKERS; by the Women's Bureau, Department of Labor. 1969. UnannoContains many facts and figures about women and employment as well as
tated.
Available free from regional Women's Bureau,
an extensive bibliography.
U. S. Department of Labor, Washington, D. C. 20210,

WOMEN STUDIES ABSTRACTS (A journal published quarterly); by Sara Stauffer Whaley, 1972.
Annotated. Available from Women Studies Abstracts,?, 0. Box 1, Rush, New York
$10,00 per year for library edition (including annual index), $7.50
l'»5'+3.
for individuals, $5.00 for students.
CURRENT RESEARCH ON SEX ROLES; by Lucy W. Sells, 1972. Annotated, Available from
$2,50 for faculty
L. W. Sells, 1181 Euclid Avenue, Berkeley, California 9'*708,
administrators, and libraries, and SI. 50 for students ($2,25 and $1.25 for
thi rd-class mai . )
1

56
BERNICE$ANDLER,
Director

s^r^Sotn

UIOmGBI

MARGARET DUNKLE,
Research Associate

FRANCELIA CLEAVES,
Research Assistant

The following section-by-section analysis of the Women's Educational Equity Act was
made available to the Project on the Status and Education of Women through the House
Subconnittee on Equal Opportunities:
WOMEN'S EDUCATIONAL EQUITY ACT of 1973
H. R. 208

SECTION

States the title of the act as "Women's Educational Equity Act of 1973."

Declares present educational programs inequitable as they relate to women of
2.
States the purposes of the act, which include encouragcultural and ethnic groups.
ing the development of new and improved curriculums; demonstration and evaluation of
such curriculums in model educational programs; support of the initiation and maintenance
of programs concerning women at all levels of education; dissemination of materials for
use in educational programs and in mass media; provision of training programs for parents,
educational personnel, youth and guidance counselors; community leaders, and government
employees at all levels; provision of planning for women's resource centers; provision
of improved career, vocational and physical education programs; provision of community
education programs and programs on the status, roles and opportunities for women in
SEC.

all

soci ety.

States that men are not prohibited from participating in any activities funded under
this act.

Establishes a Council on Women's Educational Programs within the Office of
Education consisting of 21 members (including at least 12 women), broadly representative
of the public and private sections and knowledgeable about the role and status of women
All members are appointed by the President and one is designated by
in American society.
him to be chairman.
Council members will serve 3-year staggered terms.
SEC. 3.

The functions of the Council include advising the Secretary of HEW about the preparation
and administration of regulations and the operations of programs under this act; making
recommendations regarding the allocation of funds with due respect to geographical representation; developing criteria for program priorities and procedures for the annual
review of programs including development and dissemination of an annual independent
report of programs and activities under this act.

Directs the Council to advise, review and make recommendations for a program of
grants to and contracts with institutions of higher education. State and local education
agencies, organizations, public and nonprofit private agencies, and institutions (includii
libraries and museums) for research, demonstration and pilot projects to carry out the
purposes of this act.
SEC. k.

Eligible activities include development of curriculum; dissemination of information to
public and private education programs at all levels and community education programs;
support of women's educational programs at all education levels; preservice and inservice
training programs; fellowship programs, conferences, institutes, workshops; research,
development and dissemination of materials, texts and tests and programs for nondiscriminatory vocational education and career counseling for women; new and expanded programs of

fr^L-™%

r~"*nf association of american colleges

IBII R STIIfCT. N

WASMINQTON.

physical education and sports for women in all educational institutions; planning and
operation of women's resources centers; recruitment and training for persons to be
employed in women's educational programs; evaluation of such programs; programs to
increase the number of women in administrative positions in institutions at all levels
of education and in fields in which they have not traditionally participated; training,
educational and employment programs for unemployed and underemployed women.

Applications under this section are made to the Secretary and must meet specified
requirements including the assurance that funds will be used to supplement and not
supplant funds which would otherwise be available for the same purposes.
5.
Requires the Secretary to render technical assistance to public and nonprofit
private education agencies and organizations at all levels of education and government
affecting the status of women, to enable them to carry on education and related programs
concerning the role of women in society.

SEC.

Authorizes the Secretary to make additional grants or contracts for the planning
SEC. 6.
and implementation of community-oriented education programs on women in American society
for individuals or groups within the community.
Projects could include workshops,
conferences, counseling and information services.

Authorizes the Secretary to make grants of up to $15,000
7.
innovative approaches to women's educational programs.

SEC.

year per grant for

Authorizes the Secretary to utilize the services and facilities of any Federal
SEC. 8.
Directs the Secretary
or other public or private agency and to pay for such services.
to publish and distribute annually a list and description of projects funded under this
act.
Allows payments under this act to be made in installments and in advance or as
reimbursement with necessary adjustments for overpayments or underpayments.

SEC. 9.

SEC.

10.

Defines "State."

For the purposes of this act authorizes $15 million for fiscal year 1975, $25
SEC. 11.
million for fiscal year 1976, and $^+0 million for fiscal year 1977.

58
THE ACADi'Mic Woman
'Affirmative Action' Penalizing Males?

Ry nernicc Sandler

The ncu:sl

cry

VVhi'c
'

rcs!:

fo ihe

incrcasinr'y

fip!ir''iiinR,

ihc

rontiHr;

ab"

havii;?

to find

cmploy(Despite mylhs to

difiicirll

mcit' in -ic"»dcini-i.

at t'Jcinic

as a
arc finrfing

dinicully

women

arc

fir'linr

em-

plovmcn'-. ''relimin.iry figures nn some
cn-fipusc*. -how an jctual drcr^^sc in
o{ women enip!u\cd denflirmative action, for budget

numh?r

Ih'."

sp'\"

have often meant c-tibacks
affect the non-Icnurcd

con»;fi!iint^

heavily

Ih.-'t

whnc women

ranks

moM

arc

likely

iomc men

arc claim-

"preference" is beinp given to
over nicn, Conplcd with ihe
complaint of "reverse drscri'niration"
is
dire iirdiclion that (he h>ph standar^Is of nrademin arc being diluted
because Ihc women thus h'rrd arc
supposcil.'v Ie!is qiialincd thnn 'he men
who were liirnfd down.
infi thr»t

women

Spcciat Complaints

Some

action

Oihcr complaints have been justified. Some administrators have mistmdcrstood federal requirements and
have erroneously believed that only
women and minorities, including minority women, could be hired, nnd
not white men. Affirmative action expressly forbids any preference based
on race or sex. What is required is
that

the

make

institution

good-faiih

"genuine

nnd document

effort"

out qualified

its

women

and minorities, that criteria be objective and job-related, and that they be
applied equally

candidates oF

alt

any sex or race. When a department
head has done this and can justify
ihal Ihc while male he wants to hire
indeed the best-qualified candidate,
he simply goes ahead and hires the
white maleNumerical or percentage goals for
hiring women and minorities are not
is

quotas. The employer's obligation to
fulfill the goal is not absolute. It is the

obligation of active affirmalive recruiting and fair objective hiring that h
required by law and federal regula-

anrl thf^

were not. The mere hiring

of a woi'im. no matter

how

'veil

quali-

p^sumod hy some

t*^
He evidence nf "reverse discrimin.ilion." In
fart, (he few women that Iiavf actually
been hired, even when hired .-^s tokens,
have generally been superbly qualified.
Our project has been unable to locale
a single instance where a Ic^'^f qualified woman h.Ts been hired in preferbelter qualified mile.
ence to

fied,

r«

On
hrvc

n.it Wi«n' to

some adminislralors

orcasion,

u^r.d afhrniative action ?s

cuse to turn

nn ex-

down applicants they did
hire. One department head

univci^'iv wrote
^pplicanK be considered ihal he tould no' >i"e them
liecnur^c H.F..V.'. insi-^ied thU hr hire a
wtimar. The candidalc ^Vm got the
il!

Infjic

ffur rf

;-,ili.
•

V/osrern

Ihe

five

!u--vcver.
i-'i-

"i;,!.;

was not n
TJi-.-n-ss

but
snv. the

v.'ir':«n.

for

now

tions. Employers who have done this
and have not met the goal face no

penally whatsoever.

employers who

try

Ihc contrary,

meet goals by
women and

lo
giving
preference
minorities are in violation of the law,
fc*-

such preferences change goals into

quotas.

The

put

women and

it's

this

time lo

minorities,

not

aimed

creating preference, but at ending
preference for white males.
at

the complaints h-ivr been
several men have

()f

ripccioiis

One wag

way; "We've always had affirmative

too." Affirmative action

Justified

coniplaipcd of "reverse discrimination"
simply because a woman wax hired

tolally

for white males.

action for while men;

have

is illegal.

Some Complaints

activities to seek

to be.)

Ncver(li!-IcM.

affumafivc

ii-iing

no nn excunc for not hiring males
either deliberately or unintenlfonally.

mcinbrr';.

fnciiltv

ni.'!-

of I'c'pct

practice

adrlcti

pliiTics lh;i' condemn aflirmaiive acfion is thn» or "rcvcisc distrimm-ilion."

courts (as well as federal

Standards Likely to Increase
Academic standards, contrary lo
myth, are likely to increase as a result
of affirmative action. Despite claims
of a gloriously objective mciit system,
academic judgments have too often

been

intuitive

and

subjective,

Now

instead of being able to justify a
candidate merely by saying, "He's a

well-known

and respected scholar,"
department heads will have to develop
specific objective criteria, and be able
to demonstrate Ihal the candidate is
indeed the very best person recruited

from the largest pool possible, a pool
which will include qualified women
and minorities.

None

of the opponents of afTirmaaction who claim dedication to
principle of academic freedom
have shown any concern for the academic freedom of women who have
live

Ihe

lost

their

jobs

result

their

lo end discrimination. (On
campus, for example, all 10
women who formed a women's rights
commillee subsequently had their conactivities

one

tracts terminated.)

who

worry

about

shown any concern

None

of Ihe

preference

men
have

for the traditional

academic preference for white males.
None of those who are concerned
about "high academic standards" and
the merit system have noticed that the
"dead wood" which exists on any campus is predominantly white and mate,
persons who were chosen by the so-

law and regulations) have clearly differentiated between goals and quotas,
with goals being ordered and upheld
in a growing list of cases under the
Executive Order, Title Vn of the 1964

called merit system. Those who live
in the glass halls of ivy seem most

Civil Rights Act, the 5(h Amendment,
and Ihe 14lh Amendment In contrast,

likely lo
action.

throw stones

affirmative

quotas have been struck down by the
courts as unquestionably violative of
the law.

Tliroughout academia in the past
there has been preference. bu( it has
not hfcn for women or minorities, but

3f(C
ices

of Meeting Appear
on the
Preening Page

s"^*"^

association of

^rTJ'or^'"'^'"

american colleges
1818 R STREET, N.W.

WASHINGTON,

S^Is^^ctll
D.C. 20009

{202)387 1300

Francelia Cleaves
Information Associate

PREPARED BY THE PROJECT ON THE STATUS AND EDUCATION OF WOMEN

FEDERAL LAWS' AND REGULATIONS CONCERNING
SEX DISCRIMINATION IN EDUCATIONAL INSTITUTIONS^
October 1972

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Footnotes

General
1. State employment and/or human relations laws may also
apply to educational institutions. The Equal Rights Amendment
to the U.S. Constitution, passed by the Congress and now in the
process of ratification would, when ratified, forbid discrimination in publicly supported schools at all levels, including students

and faculty.
2. Unless otherwise specified, "institution" includes public

and private colleges and universities, elementary and secondary
schools, and preschools.
3. A bona fide seniority or merit system is
permitted under
all legislation, provided the system is not discriminatory on the
basis of sex or

4. TTiere

any other prohibited ground.

are

13. Final regulations and guidelines for Title IX of the
Education Amendments of 1972 have not yet been pubUshed.
This chart includes information which is explicitly stated in the
law, as well as how the law is likely to be interpreted in Ught of
other precedents and developments.
14. The sex discrimination provision of Title IX is patterned
after Title VI of the Civil Rights Act of 1964, which forbids
discrimination on the basis of race, color and national origin in

federally assisted programs. By specific exemption, the
prohibitions of Title VI do not cover employment practices
(except where the primary objective of the federal aid is to

all

provide employment). However, there
for employment in Title IX.

against making
complaint
under more than one anti-discrimination law at the same time.
5. This time limit refers to the time between an alJeged
discriminatory act and when a complaint is made. In general,
however, the time limit is interpreted Ubeially when a continuing
practice of discrimination is being challenged, rather than a
single, isolated discriminatory act.
6. Back pay cannot be awarded prior to the effective

similar

exemption

IX states that: "No person
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
15.

restrictions

Title

or activity receiving federal fmancial assistance,
."
16. The following are exempted from the admissions provision:
.

Private undergraduate institutions.

Elementary and secondary schools other than vocational

date of

schools.

the legislation.

pubhc undergraduate institutions. (If public
undergraduate institutions decide to admit both
they will have 7 years to admit female and male
students on a nondiscriminatory basis, provided their plans
are approved by the Commissioner of Education.)
Note 1 These exemptions apply to admissions only.
Such mstitutions are still subject to all other anti-discrimination provisions of the Act.
Single-sex

Executive Order

1246

amended by

single-sex

1375

sexes,

7. The
defmition of "contract" is very broad and is
mterpreted to cover all government contracts (even if nominally

entitled

"grants")

which

involve

benefit

the

federal

government.

As of January 19, 1973, all covered educational instituboth pubhc and private, must have written affirmative

tions,

Note 2. Single -sex professional, graduate and vocational
at all levels have until July, 1979, to achieve
nondiscriminatory admissions, provided their plans are approved by the Commissioner of Education.

action plans.

schools

Title VII of the Civil Rights

the Equal

Act of 1964

amended by

Employment Opportunity Act

10.

Due

institutions,

Oneral

to an ambiguity in the law as it relates to public
is not yet clear whether EE(5C or the Attorney

will

file

suit

all

situations

which involve public

institutions.

Over 95 per cent of all Equal Pay Act investigations are
resolved through voluntary compliance.
.

12. Unless court action is necessary, the name of the parties
need not be revealed. The identity of a complainant or a person
furnishing information is never revealed without that person's

knowledge and consent.
Title IX of the

Amendments

Education

of 1972

(Higher Education Act)
(Minority

women

are also protected from discrimination
by Title VI of the Civil Rights

basis of their race or color

1964.)

Under
the

Title VII

TitleVlllof the Public Health

amended by the
Comprehensive Health Manpower Act & the
Nurse Training Amendments Act of 1971
Service Act as

18. Fmal regulations and guidelines for Title VII and VIII of
the Public Health Service Act have not yet been pubhshed. This
chart includes information which is expbcitly stated in the law,
as well as how the law is Ukely to be interpreted in Ught of other

Equal Pay Act of 1963 as amended by the
Education Amendments of 1972
(Higher Education Act)
1 1

Title VI of the 1964 Cml Rights Act, which Title
Education Amendments closely parallels, federal
extend aid to educational institutions have
which
agencies
delegated their enforcement powers to HEW. A similar delegation of enforcement power is expected under Title IX.

17.

9. In certain states that have fair employment laws with
prohibitions similar to those of Title VII, EEOC automatically
defers investigation of charges to the state agency for 60 days.
(At the end of tins period, EEOC will handle the charges unless
the state is actively pursuing the case. About 85 per cent of
deferred cases return to EEOC for processing after deferral.)

on the
Act of

precedents and developments.
19. Schools of medicine, osteopathy, dentistry, veterinary
medicine, optometry, pharmacy, podiatry, public health, allied
public health personnel and nursing are specifically mentioned in
Titles VII and VIII. Regulations issued June I, 1972, by the
Secretary of HEW specify that all entities applying for awards
under Fitles VII or VIII are subject to the nondiscrimination
requirements of the act.
20. HEW regulations state: "Nondiscrimination in admission
to a training program includes nondiscrimination in all practices
relating to applicants to and students in the program; nondiscrimination in the enjoyment of every right, privilege and
opportunity secured by admission to the program; and nondiscrimination in all employment practices relating to employees
working directly with appUcants to or students in the program."

document may be reproduced without permission, provided that credit is given to the "Project on the Status
Womert, Associaticm of American Colleges, ISiS R Street, N.W., Washington, D.C. 20009."

T^ij

Education of

64
Senator Mondale. Our next witness is Nancy K. Schlossberg, diWomen in Higher Education, American Council on
Education. We are very pleased to have you with us this morning.

rector, Office of

STATEMENT OF NANCY K. SCHLOSSBERG, DIRECTOR, OFFICE OF
WOMEN IN HIGHER EDUCATION, AMERICAN COUNCIL ON EDUCATION

am Nancy Schlossberg, director of the new Ofin Higher Education at the American Council on Edualso a professor on leave from Wayne State University,
an associate professor in the department of educational

Ms. SciiLossBERG. I
fice

Women

cation. I
where I

am
am

guidance and counseling.
I also was the first chairperson of the Commission on the Status of

Women at Wayne.
Now one of the things

I feel very strongly about is that this act is
going to benefit men as well as women. When options are closed off
for one sex, they are also closed off for both sexes.
The first thing I would like to address myself to is why special
money for women? This question was raised earlier. Is it legitimate
to have special money for a special group ? I say yes. My answer stems
from research on various subgroups on university campuses. Any
group which by numbers or image is seen as different from "the majority" needs special visibility.
For example, adult men, 35 and over, who were undergraduates at
Wayne State University, expressed over and over the need for a special counseling and placement center for themselves. Commuters on
residential campuses express the same needs, as do blacks at white

—

universities
and this list could go on.
Special services are not necessarily forever, but are definitely needed
as a vehicle to enable the group in question to emerge with self-confidence and equality. The "aloneness" that the men in my study experiences, the fear of trying out untraditional routes that women I

have counseled expressed, and the anger that individuals feel when
fighting and often losing with the bureaucracy are testimony to the
need for special attention.
The issue before us is How could funds generated by this bill be
remarks
used to improve educational opportunities for women?
will be addressed to an important area of concern which is my own
field of specialization, that of vocational counseling.
Many women counselees report on the negative impact well-meaning
counselors have had on their career development.
In my recent experience, counselors have discouraged a 37-year-old
widow from entering dental school, an undergraduate woman from
majoring in engineering, a high school girl from taking advanced
classes in science and math. Counselor bias is certainly not limited to
women; men wishing to enter a "feminine"' profession like nursing
would undoubtedly be discouraged by many counselors. Likewise,
:

minority group members have long been counseled to be "realistic"
about their place in the world of work.
To test the degree of counselor bias. Prof. John Pietrofesa, associate
professor of Educational Guidance and Counseling at Wayne State

65
I, arranged interviews between counselor trainees and
coached female counselee at a major urban university. The coached
counselee presented herself as undecided about entering engineering,
a "masculine occupation," or education, a "feminine occupation."

University, and
a

Each interview was tape recorded.
Senator Mondale. Dirty trick.
Ms. ScHLOssBEEG. It is terrible. Yes; you are right. Why do you
think I am in Washington and I left Detroit ?
We tape recorded both men's and women's responses to this, and it
Avas shocking to me. First of all, the counselors acted as if they had

how to counsel. Nobody counseled. Everybody gave advice.
The women were just as bad as the men. They all encouraged this
forgotten

young woman to go into education that the hours would be
children, and so forth.

better for

Federal funds could be put to highly productive use in the area of
counselor training and retraining. The implications of such studies
for counselor training both new counselors-in-training and those
already practicing are several; accepting counselor bias as a fact,
counselor education programs must attempt to bring it into the open,
so that counselors are better able to control biased feelings and to

—

remove them from their counseling.
For example, Dr. Pietrofesa and I have implemented a fourpronged training model, the goal of which is to enable counselors and
teachers to participate with their constituency in an unbiased fashion. The model includes the following components which can be
adapted to
1.

the role of
2.

specific settings

Expanding the cognitive understanding of counselors regarding

women through lectures and readings.

Increasing counselors' sensitivity to sex bias through troup

techniques.
3. Promoting the acquisition of unbiased skills
among counselors
through audio/videotaping and role playing.
4. Fostering skill development in
program planning and implementation among counselors through tutorial projects.
This approach is based on 56 hours of training an intensive 1-week
period followed by 16 hours of followup sessions during the year.
Federal funds could be well used to develop other model inservice
training programs. These models could be demonstrated at conferences
to guide representatives in setting up similar programs when they return to their own institutions and/or communities. Money could further be used to send consultants to individual institutions to develop
and implement inservice counselor training programs.
When discussing counselor bias, it is essential to examine materials
which are com.monly used and relied upon in the counseling interview.
Such materials frequently reflect stereotyped roles for men and women,
contain biased statements which could lead a counselee in one direction
rather than another, and reflect the past rather than the future by
reinforcing outmoded ideas of women's place. Despite the growing
awareness among leaders in the area of tests and measui'oments, practitioners both men and women
are often unaware of the sexual bias
inherent in the major interest inventories as presently constructed.

—

Most counselors use tests. It is almost as if they do not know how
and listen anymore. They i)ull ont an inventory or checklist
and think the answer is iioino- to come from this. The sad thinii; about

to talk

it is that most of these insti'umiMits are biased. Xow tlie one tliat T
mention in my testimony is the Stioiiii' Vocational Interest Inventory.
I mention that because I s])ecifically in\ estii^ated its bias. HoAvevcr,
what applies to the Stronii" also a[)plies to most other inventories. For
the Stiono- we found that:
First, separate forms exist for men and women. The man's form
lists 33 occupations for men only. implyin<i- that women cannot become
authors, journalists, or physicists, for example. Likewise, the women's
form lists oT women-only occupations, implyino- that men cannot become elementary teachers, art teachers, or medical technologists,
amono" others.
Second, if the same person, either male or female, takes both forms

profiles will be dramatically different for two reasons.
the different occupations listed for each sex. The second is
the different scoring requrements for an occupation, even when listed
on both forms. For example, a woman wlio scored high on the women's
profile in the areas of dental assistant, physical therapist, and occupational therapist scored high as a physician, p'^ychiatrist. and psychologist when she took the men's form.
Third, guidelines in the manual and handbook suggest to counselors
that many women will score high only in certain premarital occupa-

of the

The

SVIB. the

first is

tions.

men and women taking the
the method of scoring, and in the manuals available, the SVIB
consistently limits occupational choices for men and women, to the
detriment of both.
Presented Avith the findings of our study, the American Personnel
and Guidance Association accei^ted our resolution that the Strong test
be revised, and a revision is currently underway. Howe\er. the revision
is incomplete, since funds are not available to develop new norm groups
for each occupation included in this inventory. Additional funds are
essential to insure a satisfactory revision of this instrument, and this
legislation would be an appropriate vehicle to support the endeavor.
David Campbell, who was developer of the Strong, does not have the
money to develop new norm groups which costs about $20,000 per
norm grou]:). I^nless you develop a new norm group, even if you
If I
collapse both forms and put them into one, it is inappropriate.
am a woman and there is not a norm group of women veterinarians, I
might not evei- find out that this might be a good field or that I am
need new norm gi-oups for both men
like women veterinarians.
and Avomen.
Jane Goodman and I took a look at all the occupations in which
there were not double norm groups, for men or women, and Ave found
there is a large enough sample. You had to have 400 to dcA-elop ucav
norm groups. There are 400 in most of the occui)ations not listed on
one form or the other. David Campbell would be willing we have
reformed him somcAvhat and he Avould be willing to dcA'elop new
norm groups but he has to have the money to do it.
Thus, in the alternatives provided for

test, in

—

67
I a^aiii

want

to einpluisizo that I

do not want to just point the finger

at Stron<r.

Now anotlior tliinir tliat the bill Avonld do would be to stimidate
wonu'irs centers. Thei'e are over 400 -.vomen's centers throu«rhout the
country, the first one developed in 19()(). Wlien our Connnission on the
Status of A^''omen went before the president and the executive comiriittee at AVayne State Cniversity and ar^jued for funds foi- a women's
centei-. they said: "Xo. you know, if we have a women's center, then
we need a black center, Mexican-American center," and the thing
is endless. I contend that tlic 400 women centers throuirhout this counry ai'e doing a fantastic job of enabling women to really take a look
at the kinds of fears they have, the kinds of ways in which they have
been socialized.
The reason women are the assistant to the president instead of the
]>]-esident is not just because the system does not allow them or oifer
tliem the o]^portunity, but because tliey have been socialized to he,
assistants. We see oui-selvcs as people with derived status. Our status
comes from our hubsands, our bosses, from others or whatever.
have been socialized this way. It is a two-way street.
These women centers are addressing themselves to helping women
begin to resocialize in their adult years. I think this is why women
centers are very crucial.
Unless we have this kind of bill, these centers could go out of busi]iess because universities do not want to put hard money into such
t

centers.
I will close

with saying that the strength of the

bill lies in its

poten-

promoting numerous strategies to insure that opportunities
for ef{uality will be matched by motivation for equality among women
of all ages and classes. Equality of women and the end of stereotyped
sex roles will liberate men although we have to do some work on
will liberate men as much as women.
that
tial

for

—

The goal

to develop

human

beings

are appropriate to their interests

who

are free to act in waj'S that

and their values and not their

Senator Moxdale. Thank you very much for a statement
insight.

witli

sex.

much

A few years ago at the University of ]\Iinnesota we were working on
teaching training and counselor training as it affected poor people and
minorities. One of the points made was even with good training, more
apjjropriate training, they go into a profession where the peer groups
and so on have biases to which you refer, and to (juickly succeed and
so on in the institution requires them to reject what they have learned
and go along with it. along with the system.
From what I gather your studies indicate that these attitudes are
very deeply imbedded. As a matter of fact, I think in your study with
tlie counseling not a
single one gave different advice, male or female,
than that wliich was described. Do you think it is possible to reform
counseling in a way that achieves what you are talking about?
Ms. Sriir.ossnp:RG. I know the pi'oblem that you are referring to. Yes,
I think it is possible. We had an interesting experience at Wayne this
past year. The Commission on the Status of Women argued for many
things and Ave did get salary equity and we did get an agreement that

68
the administration would ^ive every counselor at the university, 121
of them, placement counselors, financial aid counselors, administration
counselors, a morning oft' a week, and five of us were going to put them

through an 11-week inservice training program.
I think this is incredible, that a conservative administration of a
university would give their counselor time off for such an activity and
then the counselors did not sign up for it. With pressure, 50 finally

signed up.
I think this

a very telling statement. If I w^ere to redesign institu-

from scratch and start all over, I think I would have a policy of
hiring faculty and staff saying that every year we will have in-service
training. It might not ahvays be on the same topic. One year it might
be on urban problems, another on black problems, and another on

tions

counseling.
expect, and this is part of your job, the continual need for regeneration, for inservice training. I think if it is built into the hiring,
then there might be a better likelihood of people participating.
I feel there is hope. If I did not, I would not be here, I think that
the counselors have the potential for really liberating young boys and

girls and men and women. Counselors potentially could provide
a chance for everyone to have a sounding board, an encouragement, an
alternative generated.
I feel very keenly they are not doing the job they should, as none of
us are, but I feel a great sense of hope and mission about it. This in
fact is my mission in life to do something about counselors.
Senator Mondale. Wliat can be done to eliminate the sex discrimination in vocational education that has been referred to so often here

young

this

morning?

Ms. ScHLOSSBERG. What can be done ?
Senator Mondale. Yes. How would you go about it?
Ms. Sciilossberg. Well, I think legislation makes a difference.
Senator Mondale. Is it your impression that vocational education
more heavily discriminatory or segregated on a sex basis than other

aspects of education

Ms. ScHLOSSBERG. I think every aspect of education is segregated.
Senator Mondale. I realize that, but this more than others?
Ms. Scitlossberg. I think it has been traditionally. I think there is
some pressure to open that up, but I must say when I look at every
aspect of education, I look at dentists, how many women are dentists?
are all assistants and technicians. I think if you look at profes-

They

sional education,

where

it is

segregated, except possibly in law schools,

loosening up.

Senator Mondale.

impression

there

a dramatic change in

the law schools.

Ms. ScHLOSSBERG. In law schools in general.
Senator Mondale. What about medical schools? Do we have any
figures on how many women are in professional schools, say in dentistry, medicine, law ?
Ms. Sciilossberg. There are some figures on availability pools of
women who are getting trained in a variety of fields. In fact there is
a task force, and are looking at the availability pools.
Senator Mondale. How many female dentists, for example?

—

Ms. SciiLossBERG. Three percent in 1970 something incredible. In
Greece it is a woman's field, for example. This is true of many other
occupations. For example; a field like architecture, dominated by men
in this country, is in other countries dominated by women. Medicine
is an example. There are many women doctors in Russia.
I think we are fairly rigid here, but there is a loosening in a few
fields.

Senator Mondai^. Thank you very much.

Our

morning is Ann Scott, vice president for legisHigher Education Task Force, National Organization for

final witness this

lation,

Women.

STATEMENT OF ANN SCOTT, VICE PRESIDENT FOE LEGISLATION,
HIGHER EDUCATION TASK FORCE, NATIONAL ORGANIZATION
FOR WOMEN
Ms. Scorr. Mr. Chairperson, members of the committee, the National Organization for Women thanks you for the opportunity to
testif}" on this important legislation.
I would like to start out this morning with a quotation from a book
that was written 300 years ago by Bathsheba Makin, Englishwoman,
writing in favor of legislation for women. She said: "A learned
woman is thought to be a comet that bodes mischief, whenever it
appears. To offer to the world the liberal education of women is to
deface the image of God in man, it will make women so high, and
men so low, like fire in the housetops it will set the whole world in
a flame."
hopes that the Women's Education Equity Act will help to
feed the fire that has been 300 years in growing.
name is Ann Scott. I am recently appointed associate director
of the American Association for Higher Education and serve as the
vice president for legislation of the National Organization for
that I appear an organization of over 600
Women. It is for
chapters represented in evei'y State and major metropolitan area, the
largest feminist organization in the world.
does not discriminate on the basis
are women and men
of sex) who work actively to bring women into full participation in
the mainstream of American life. After listening to the testimony
this morning, I wish to make very strongly the point that the women's
movement is not composed only of women, but also men as well who
have the courage and vision to see our goals for an equitable society
as theirs.
I hold a Ph. D. in English, and taught for 7 years at the State Uniarticles
versity of New York at Buffalo. I have published a number of
on the subject of women in higher education, among them, "The HalfLook at Sex Discrimination in the University,"
Eaten Apple:
which contained the first affirmative action program written for women
in any field. I served as NOW's vice president for legislation when
worked for passage of Title II to the Higher Education Act, the
extension of Title VII of the 19()6 Civil Rights Act and for revision
of Order No. 4 under Executive Order 11246.
and

NOW
My

—

NOW

(NOW

NOW

promulgation

NOW

I want to stress, however, that
as an organization is not limited in concerns of membership to higher education or even professional persons. Our base and our issues are much wider higher education is only one component of a very broad, multi-issue program, implemented by 26 national task forces. That component, however, is
extensive. Educational issues handled by several of our national task
;

forces: education, Anne Grant; higher education, Ellen Morgan; and
women and sports, Judy AVenning.
INIy own task force on legislation coordinates and pursues the
legislative goals of the other task forces. The activities of these task
forces are described in the accompanying statement by p]llen JNIorgan, which I wish to place in the record. It is very well written.
Senator ]Moxi)ale. "Without objection.
Ms. Scott. In her statement, Ellen Morgan establishes not only the
kinds of research that need to be done and that it needs to be done by
feminists, but makes eloquently and forcefully the point that at present, because the Government is not doing the research, feminist orare having to do it instead. We, in fact, are
ganizations like

NOW

doing the Government's job.
She cites descriptions of studies not being done because of inability

She cites the following
$15,000 research study of the effects of the generic use of masculine terms in elementary and high school textbooks, a grant request
turned down by a major foundation on the grounds that in the opinion of the grant officer, the continual use of terms such as "he, him,
man" in textbooks has no effect because female as well as male students undoubtedly understand that the terms refer to females equally
with males.
She cites a $15,000 research study of the effects of sex-stereotyped
children's stories on elementary school children, the grant request
turned down by a major foundation on the grounds of the grant officer's belief that sex-stereotyped stories have no effect on the children.
She cites a two-year $100,000 community study of the ways in which
community institutions schools, township governments, police departments, charitable institutions. Girl and Boy Scouts, et cetera
perpetuate and enforce sexism, and the ways in which community
groups can successfully bring about desirable change, a grant request
denied on the grounds that such a study would not aid other communities across the country, because they would not have the financial support provided in the demonstration community.
I want to make, however, an additional point. You have heard
to obtain the necessary funding.

—

today, and will hear as testimony on S. 2518 progresses, how desperate is the need for research on and by women. The need is desperate
because there never has been a formalized program of research on
women's educational status undertaken by the Federal Government.
Even the w^omen's bureau is not entitled to make a survey of its own.
"VVliat statistics it publishes are simply the byproduct of
lai-ger studies
Census, Bureau of Labor Statistics, et cetera.
You asked for figures on vocational education, the incidence of
Avomen in law and medical schools. I submit that the Office of Education should have these figures. They should be available. They should
be available in a public report to all of us. They collect those statistics
and we do not see them. It is their job.

—

But the record of tliese hearings, the publications of the women's
and other organizations, makes
movement, the issues raised by
an unarguable case that such research needs to be done, particularly on
the question of whether or not the educational facilities of this country
are as available to women as to men, to girls as to boys.
All of these facilities I hasten to remind you, either by tax exemption, Federal grant or by reason of being public institutions, exist
somehow at the taxpayer's expense. Yet what are they offering women
in the way of education? What the universities are offering is an
education designed to turn out efficient little suburban housewives with
a minor marketable skill so they can be secondary earners until the
babies come, with enough liberal arts so they can enrich their children's lives and not disgrace themselves in front of husband's business
associates, so they can read Book of the Month, listen to Walter
Cronkite. and participate with other housewives in a little steamcleaned, organized, comm^unity good works.
Above all, it is a class education, designed to perpetuate the women's
economically parasitic role by which the middle class still defines her
status. It is designed to keep her forever overcleaning her house and
family and safely out of the career market, forever underproducing
anything but babies, while forever overconsuming the gross national

NOW

—

product the last great leisure class in the world.
We can perhaps underetand, though we cannot condone, academic
perpetuation of such crippling assumptions as the incompatibility of
marriage and achievements outside marriage for women. Such attitudies as old as our history, and institutions, as well as people, are
prisoners of the past.

^Miat we cannot do is allow it to continue, because the world can
no longer afford to support a vast leisure class.
It will not be easy. From her first day in kindergarten all the way
to her doctoral degree, the Avoman finds that American education is the
major social instrument pushing her into that role. A woman, the
schools tell us in a thousand subtle waj's, is just a "kissin' cousin'' of
the human family go play with your dolls.
Her role is determined by the fact of her sex don't achieve anything but marriage and motherhood. According to the books she reads,
all history is made by men: One high school textbook in California
actually shows a drawing of Marie Curie looking over Pierre's
shoulder while he discovers radium.
She is counseled for jobs, not a career a job that can be interrupted, so it provides low pay, high turnover employment but not
advancement or security nurse, secretary, teacher. Her opportunities

—

to enroll in schools or courses are limited at all levels.

College admissions are frequently sexually gerrymandered to keep
though Avomen consistently score higher than
men on entrance exams. Many schools and departments, even tax
supported, have quotas for women, give them fewer scholarships,

a 50-50 balance, even

especially at graduate levels.
I have been reading from an article I published in Educational
Leadership in October 1971.
What we are saying is that the research we need to show the effect
and extent of this cultural prism cannot be done piecemeal. While

72
separate research topics need to be explored, the research must ])c
built on a strono; base. It is time that the Department of Health, Education, and Welfare paid some orf^anized and carefully planned attention to the educational status of that half of the population it has heretofore ignored in terms of any meaningful action.
wrote to the Honorable Sidney P.
On November 8, 1971,
Marland, Jr., then Commissioner of Education, to this effect:

NOW

On December .15, 1969, President Nixon's Task Force on Women's Rights and
Responsibilities released its report, which alleged
"Discrimination in education is one of the most damaging injustices woman
suffer. It denies them equal education and equal employment opportunity, contributing to a second class self image
"Section 402 of Title IV, passed in 1964, required the Commissioner of Education to conduct a survey of the extent of discrimination because of race, religion, color or national origin. Title IV should be amended to require a similar
survey of disci'imination because of sex, not only in practices with respect to
students but also in employment of faculty and administration members."
:

Under its enabling legislation, however, the National Center for
Educational Statistics can conduct such a survey without Title IV
being amended.
It is

NOWs

contention that equal educational opportunity cannot be assured

to all Americans until both the nature and extent of sex discrimination on every
level of education are clearly documented. To deprive women of equal education is to deprive half of every minority. Only the Office of Education has the
power and ability to accomplish this momentous task. Therefore,
requests
from the Office of Education a commitment consistent with its posture on equal

NOW

opportunity for women that the
will be honored.

recommendation of the President's Task Force

Since that letter to Commissioner Marland was written, the National
Institute of Education has come into being, and provides the right
vehicle for a study of this scope and importance. Tlic Government must
do it only
can command the resources and generate the information needed to document the case on educational discrimination

—

HEW

against women.

HEW

NOW

can no longer depend on organizations like
to do its
are tired of it. Only
can require school systems to
collect and disgorge the facts and statistics necessary to make the study

work.

HEW

authoritative.
Many of the schools do not collect the information that is needed,
and need a directive from the Government to do so.
has serious
Asking and getting are two different things.
doubts about HEW's concern whether or not women suffer discrimination in education. While
especially the Office of Civil Rights,

NOW

HEW,

great at holding soothing meetings with women's groups whenever
we get too pushy about our rights under the laws they are supposed
to enforce, and great at issuing toothless mea culpa reports of their
own in-house employment, their track record tells the real truth about
is

their indifference to women.
For example, in over 2 years we have seen no results
in the matter of enforcement of the Executive order

from the

OCR

except yards of
jawbone which, I remind you, w^as Sampson's weapon. After 2 years
of intense pressure I honestly do not know how it could have been
more intense OCR has not yet forced educational instituttions to
undertake meaningful affirmative action.

—

The report just released by tlie Carnegie Commission on Higher
Education shows clearly that women's professional status has not advanced in tlie schools. Massive discrimination continues, with all its
costs to women and the Nation in w^asted human resources, stunted
aspirations, and economic deprivation.
must point out that it should not have been left to
Indeed,
the Carnegie Commission to issue his report at all. Such a statement
itself, which, after all,
should have been the responsibility of
has been collecting the statistics at great expense through compliance
matereviews, and therefore has in its records the most comprehensive
rials existing anywhere on the employment status of women in the

NOW

HEW

higher education industry.
While OCR cannot disclose its statistics on specific educational
institutions in certain stages of the review process, they can certainly
us the needed
pull together the aggregate figures which could give
overall figure, and make their report available. I should expect OCR
to be doing that as a standard part of their compliance effort anyway.
inAs a further instance of unconcern, the Department of
forms us that the guidelines implementing Title IX of the Higher Education Act will not be released until mid- winter 1974 nearly 2 years

HEW

—

after the act was passed. Of course in the meantime, universities are
not moving to improve the status of women students, nor will they,
until those guidelines are issued.
of
Finally, on the matter of NOW's request in 1971 that the Office

Education undertake a massive study of educational discrimination
has
against women in the United States, it is interesting that
never received a reply. In August of this year I brought the question
and followed up with a
up in a meeting with the Secretary of
letter resubmitting the request. I have yet to receive a reply to that

NOW

HEW

effort.

Senator Mondale. He is busy in Russia attacking our National
Academy of Sciences.
is not
Ms. Scott. All of this argues very convincingly that
I
what
it
the
of
face
to
to.
In
move
unless
Congress requires
going
can only describe as aggressive indifference to the discrimination
against w^omen,
urges that S. 2518 be amended by a new section
to undertake, through the National
to require the Secretary of
Institute of Education, a massive and comprehensive study of the discrimination against women and girls in education and educational

HEW

NOW

HEW

employment, from prekindergarten to postdoctoral, similar in scope
to that wdiich the Office of Education undertook on the basis of race,
creed, color, and national origin under Title V of the Civil Rights Act
of 1964.

Even if the Women's Educational Equity Act is passed, without this
amendment the systematic research will not be done that can document our case on a large and comprehensive enough scale to provide
the basis for meaningful action, and the schools that socialize us from
age 5 on will continue to turn us out as informed cooks and literate
brood mares.

That
nor will

alternative, I put to you, is scarce!}^ in the national interest,
it continue to be tolerated
by what I have always hoped to be

the national ethic.

74
Senator Mondale. Thank you very much. I think we should ask
about those regs and ask whether they are going to be put out,
write
who
is in charge, and it is overdue now. I think we might
when,
he
whether
and
this
him
about
ask
and
the Secretary
proposed study,
would agree to do it, if he did, what kind of money you would need
and if he will not, maybe we might amend the Elementary and
Secondary Education Act to require sucli a study.
Ms. Scott. Senator Mondale, we did ask the Office of Education to
the examination of
begin, Ave offered to consult with them, to begin
what would be required under their budget to conduct such a study,
and we never had a response to that letter.
Senator Mondale. You have no figures on it ?
Ms. Scott. We were unable to get them. We asked them for figures
on what it would cost.
Senator Mondale. How long ago ?
Ms. Scott. 1971. And I brought it up again.
Senator Mondale. We might ask them that.
Where do you get the funds now to carry on your education projects
? Do
for
you solicit it from your members or a foundation ?
Ms. Scott. We do have a legal defense education fund, but we do
not have any of our projects funded. The request that I mentioned,
that I read into the record, or the requests were requests from National
Organization for Women chapters to foundations, but we have not
received any funding on this.
What has been done has been done on an ad hoc basis.
I think when you read through the report that Ellen Morgan wrote,
which I am putting in the record, you will find that it is an astounding
level of competence and professionalism for unfunded research, pub-

HEW

;

NOW

lished

many

things on the question of educational discrimination.

Senator Mondale. Has the Ford Foundation done more than most
is there any way of knowing ?
Ms. Scott. Our experience with them has not been too fortunate. I
have to say I have to let myself out here, being legislative director
from the National Organization for Women, I stay away from our
tax-exempt arm, so I am not too aware of what their approaches have
been to the foundation, but we have not had much luck.
Senator Mondale. Your activities are funded by dues ?
Ms. Scott. Yes, by dues, practically solely.
Senator Mondale. Thank you very much.

in this field, or

—

We stand in recess, subject to the call of the Chair.

[Whereupon, at 12 :30 p.m., the subcommittee
to the call of the Chair.]

was

recessed, subject

WOMEN'S EDUCATIONAL EQUITY ACT,
FRIDAY, NOVEMBER

1973

U.S. Senate,

Subcommittee ox Education,
or THE Committee on Labor and Public Welfare,
Washington^ D.C.
at 10:10 a.m. in room 4232, New Senate
Walter F, Mondale presiding pro tempore.

The subcommittee met

OfRce Building, Hon.
Present
Senators Mondale, Javits, Schweiker, Stafford, and
Cranston.
Senator Mondale. I am very pleased to call to order the second
hearing of the Senate Education Subcommittee on S. 2518, the "Women's Educational Equity Act."
The bill would provide support for a wide range of projects designed to eliminate sex discrimination in education. In my study of the
problem, I have been shocked at the pervasiveness of this discrimina:

tion.

Education has traditionally been regarded as a "women's field." Yet
witnesses before the subcommittee and numerous researchers have
demonstrated that in education, it is mostlj^ men who have had the
opportunities, and men who have had the power. Women commonly
have the less responsible jobs, lower salaries, and fewer scholarships.
One of the best sources of information on this subject was compiled
within the Department of Health, Education, and Welfare. It is the
report of a task force on "The Impact of Office of Education Programs
on Women."

The study, which was released a year ago, documents the existence of
sex discrimination in many Government-supported education programs, and in tlie structure of the U.S. Office of Education and the
National Institute of Education.
I look forward to hearing from
representatives today about
the progress in implementing the task force recommendations in the

HEW

last year.

One of the things our bill, S. 2518, seeks to do is to support programs
that would provide opportunities for girls and women to participate
more fully in physical education programs.
Our first witness will discuss the problems girls and women face
in attaining high-quality physical education. For years our schools
and colleges have spent more tax money on boys' sports than on girls'.
College women often have access to the basketball court only when the
men are finished, and they rarely have a chance to finance their education by receiving an athletic scholarship.
(75)

76
first witness today, even though
Despite all of these obstacles, our
reshe is a woman, became one of the world's most successful and

spected athletes.
have invited her here to tell us how to make it easier on her
successors. At this time I would like to call Billie Jean King, who took
time from a very busy schedule to be here, to the witness stand.
At this time I would like to ask Senator Cranston of California to

introduce our witness.

Senator Javits. Mr. Chairman, may the minority have a word before the introduction.
Senator Mondalb. Certainly.
Senator Javits. Ms. King, we welcome you on behalf of the minoras a very gallant lady and a fine example of
ity, as does the majority,
are pleased that you have seen fit to come
the very best in sports.
and help us with our work, and we hope that you will continue your

government. We welcome you.
Senator Mondale. Senator Cranston.
Senator Cranston. Senator Mondale and Senator Javits, it is a
to
great pleasure to introduce a native Californian, Billie Jean King,
this committee. She is an outstanding example of the use of one's
the cause of equal rights
great personal expertise as a tool to advance
and opportunities for all Americans.
I think it is interesting that Billie, who has done more to educate
men than perhaps anyone else in recent times, is now here to discuss
the Women's Educational Equity Act.
It is a pleasure to present her to you.
Senator Mondale. Thank you very much, Senator Cranston. We are
delighted you could be here this morning.

interest in

STATEMENT OF BILLIE JEAN KING, PROFESSIONAL TENNIS
PLAYER
Ms. King. Thank you very much. Senator Cranston and Senator
Mondale.
First of all, what I would like to say is, of course, I am in support
of the Women's Educational Equity Act of 1973, but I think it should
be changed to the Educational Equity Act because grants will be
given to both men and women. It was very misleading to me when I
started reading the bill, and I recommended that the name be changed.
It sounded too big.
I think from my point of view what I would like to express is what
athletics has done for me from a personal point of view, and then
again to describe the discrimination that I have experienced through
my childhood on to my present age which is almost 30 I hate to say

—

it.

I think more and more we are realizing how important
to be in shape. I laiow when I am not in shape I cannot think as
well. All through
childhood it was always stressed that athletics
really built character in boj'S.

As you know

it is

My father was a fireman and mom was a housewife, and my dad
was a sports nut; my mother does not like sports at all. So this was
a good balance for me, but when T became 11 years old my mother

77
said, You cannot play touch football any more you must be a lady
whatever that means. I still have not figured that one out.
at all times
All I know is that deep inside of me I have loved sports all sports
and I was oriented in team sports. I can remember one morning at

—

;

—

the breakfast table asking my father what a good sport would be for
a woman, and right there now that I reflect back, I realized I was already a product of the conditioning that goes on.
Why should I worry about it ? But I did. So I got into tennis, which
I had never heard of getting into, and playing at the local level I
realized that in the school system there was no tennis available in high
school.

As far as local associations helping girls in tennis, we were not
helped. I can remember examples of boys in the 15 and under age
group receiving $1,000 to travel to the east coast to play. I was No. 1
in southern California, and when I went to the association and asked
for funds, they said. No. I never could understand why. I was No. 1,
and here they were giving a boy who was No. 5 $1,000 and I really
needed the money because my parents could not afi^orcl it.
I found the girls who go ahead and pursue a career in sports are
actually stronger and more of an individual because we are not acare considered freaks, we are
cepted by our peers as youngsters.
considered masculine whatever that means that boys are not going
to like us because we like sports.
I was told when you go on a tennis court and you play against a
fellow, make sure that you let him win. I am telling you I used to do
this. As I started seeing things happen, I realized how stupid and how
ridiculous it really is because I love to hit the ball, and I get just as
big a charge out of this as Eod Laver does it is the esthetics of it. It
is a great life, and all I know is there have been too
many battles from a
personal point of view.
It is tough enough to guts it out on the tennis court than to have
to worry about all the other aspects of society
accepting you as a
human being, and we are just now being accepted. I had to wait this

—

;

long.

Unfortunately I think that for women there are very few profesopen to us. That is the finishing line for most athletes.
That is the standard to which they relate. This is how the public identifies with you. You are the one who
gets them turned on through your
sport, and then they go out and try to emulate you, and young women
never have had other women to look up to. This is just now happening
for the first time. As a girl I had to look
up to a male athlete.
It was brought out in a series of articles in
Sports Illustrated concerning women athletes, that the ratio spent on boys versus girls is
sional sports

99 to

Senator Mondale. I have read that series. I think we are going to
put that in the record as an appendix.
Ms. King. I would like to see more and more acceptance
through
industry, through every other thing that can facilitate letting girls
enjoy themselves, and if they love sports, right on. If they do not,

that is fine too.
I think that is what the whole women's movement is about Let us
do what we can, but there has to be a vehicle that means there has to
be a little do, ray, me.
:

;

78
If you have any questions, I would be pleased to try to ansAver.
Senator Mondale. Would you say that your experience is a usual
one or an unusual one for <^irls interested in athletics ? Have the other
^irl athletes you talked to had similar experiences, the difTiculty in
being recognized, the difficulty in believing they can do it and all the
rest

Would you say
women athletes?

this is a very

common

pervasive feeling

among

very common but because of our lack of acceptance
have a tendency to bend over backwards to try to be
more feminine "Don't rock the boat" they try to be more passive.
There seems to be a difference now. Some women are going out and

Ms. Kino. It

women

athletes

—

saying what they really
things, but

when

feel, but, privately, yes,

comes to saying

they

tell

these

in public, they are afraid be-

cause they w\ant to be accepted.

Senator Mondale. Do you see a change in that now ?
Ms. King. Very much, but only through those vehicles, because the
only way that people appreciate me is through the success I have
achieved, because money is a measuring stick. It does not mean that I
do not love my tennis and that is what people in this country have to
learn to get rid of, the word "amateur." I think it is the most mislead-

—

ing word ever.
I played tennis as an amateur, I was paid under the table; it is degrading, and I think if we can get rid of this AAord it will mean something, because it is athletics that turns you on. It does not matter
whetxier it is professional or what it is.

we are young we are taught and we are manipulated by so
various committees, amateur sports committees^ and that is another thing about the current bill I think they should delete the word
"Wlien

—

many

;

"amateur."

People try to separate sports from everyday life, and that is iust
one part of life. I do not know wliy we have always done that. I do
not know where it started, but we put sports up there in the clouds
some place, and it is not; it is a part of everyday living.
Senator Mondale. In your prepared statement you recommend that
more money be spent on athletic programs for women. Specifically
what do you think is needed? Do you think we need more training
programs for women physical education teachers, better equipment, or
facilities?

Where would you emphasize the expenditure of
available to overcome what you are talking about?
Ms. King. At the educational level.

money

if it

were

Senator Mondale. Can you give me some examples?
Ms. King. Elementary, junior high, high school, et cetera.
Senator Mondale. Would you say the earlier, the better? In elementary'' and secondary school ?
Ms. King. For instance, in junior high school we had a girls' athletic association program at the school, but I had to go play tennis.
But I put in 2 or 3 hours after school every day, but we had a point
system. Well, I could not use those 2 or 3 hours I practiced toward
that.

to bother me because I put in more time thaii vSome of
who stayed after school. We always had to use the boys' facilwhen they were finished. We should have our own vehicle.

That used
the girls
ities

79
I know a lot of people that say, let the boys and
girls start competing against one another and I think in time that is going to
happen whether I like it or not— I will be long gone— but at least let
us have our own opportunity, our own funds first.
I think through education, through the reaction
departments I
learned tennis free through the recreation departments in my State, and
without that I would not be here today. That is without any question
of a doubt.
Senator Mondale. Senator Javits.

—

RELATIONSHIP

BET\\'EE]Sr

PHYSICAL AND INTELLECTUAL ATTAINMENT

Senator Javits. Thank you.
Ms. King, what is the connection between athletics and physical
fitness and intellectual attainment and scholastic attainment?
Sometimes it is a popular conception that people who participate
in sports neglect their studies. On the other hand, we have had
some extraordinary ail-Americans in many fields who were top students. What do you think ?
Ms. King. I think the one thing that athletics help you in is discipline and organizing your time. That is another thing you need, when
you are studying, to organize your time. It does take some amount
of discipline.
All I know is when I am not working out,
retention becomes lower. I am much sharper
feeling healthy, and any time any of us are

when
when
ill we

I go to read
I am physicallj
realize how im-

portant this is.
I do not think that every person is going to be interested in the same;
thing. You are going to get people who are inclined to go into the
academic, and you are going to get people inclined to go into athletics
All right. One tiling I do not like is the National Collegiate Athletic
Association (XCAA). They have a complete monopoly a complet''
lot of times when a college athlet'
monopoly on college athletics.
goes to school, he receives an athletic scholarship. Why does he? Be
cause he is accepted in his particular sport.
It is also an automatic farm system for your pro football, so thv.
schools have gotten so that they are sitting on a gold mine. They go to
the networks, they get college football on television for millions of

—

dollars.

What about this poor fellow on the football team if he hurts his knee
and never can play pro football ? As far as I am concerned, we should
get rid of this monopoly the NCAA in athletes because they are
going to school because of their excellence in sports. If they want to
go to school to get their education and then have intramural programs,
which I am very much in favor of but who is kidding whom? College athletes today are professional athletes. I do not know why we
try to keep it the way it used to be because it has not really been

—

realistic.

INJURIES AND ATHLETICS

Senator Javits. Do you feel they should in some form be guaranteed
or insured against injury, et cetera? Many athletes carry these injuries
through life, and quite apart from an inability to play professional

80
football, thoy

have some great

difficulty,

and often their

lives are short-

ened.

Do you

feel we ought to be thoughtful about how to protect them?
Ms. KiN(j. In reality what is going to happen is that a college is going
to sign a player at their school to represent them. It depends on the
contract, what they sign, but the way it is now. you are light tliere is
no protection for the athlete in the end.
Of course the school wants piotection too so that he does not drop
:

out of school before he graduates, because thev Avant the full .3 years
of varsity playing, which helps the school get the alumni to donate
more money toward the school. It is really a business to them. That is
fine I do not mind it, but let's say it like it is.
Senator Javits. And let's do it down the line so everybody treats it
;

as a business.

Ms. King. That
Senator Javits.
testimony

—that

right.

You do

—

I gather the main thrust of your
any way with sportsmanship or the

not feel

interferes in

example of sportsmanship?
Ms. Kino. No. It depends on what you feel is a good sport. I feel a
good sport is somebody who tries the very, very best and plays within
the rules. I knoAv that I throw my racket, I scream, go crazy, but I
know deep down if I try my best and do not try to cheat my opponent
it is good sportsmanship. Some players, to be very honest with you,
are very quiet, very demure, but thoj are the ones who cheat. That is
what I cannot understand. [Laughter.]
Senator Moxdale. We see the same thing in politics. [Laughter.]
Ms. Kino. It is changing T think.
Senator Javits. Ms. King, to get back to the intellectual relationship of sports, would you conclude therefore that there is not any
reason in the world why the good athlete, even the professional athlete, cannot be at the same time an excellent student ?
Ms. King. It depends. It is a very difficult question. You are talking
about college now ?
Senator Javits. I mean there is no inconsistency between the two, as
I gather from your testimony. You organize your time and you can do

both.

Ms. King. I can do both, but I think

it is

difficult

on the athlete

who is trying to do well in her studies too. I think that we have put too
much emphasis on every person going to college and going on. I think
that not everyone is meant to go on.
I find through my travel throughout the world the m.ost important
thing to me is to be able to communicate Avith people and share with
people, and sometimes being "book smart" just is not where its at.
Every person is different, and I do not think the pressure should be
on every single person to go to college, to live up to his or her parents'
expectations.
I think it is very important that you have self -awareness, but this is
part of education, having the self-awareness, understanding yourself,
to go ahead and pursue what you want to do.
Senator Mondale. Ms. King. I do not want to detain you very long.
Senator Schweiker is waiting to ask questions. I have just one other
question. In your travels around our country do you find serious de-

For example, just to point out what I
mean, there are many rural and less settled communities, and people
think tliey live an outdoor life, and yet they have practically
nothing

ficiencies in atliletic facilities?

in the Avay of athletic facilities, let us say,

during the winter season.
your own experience on how spotty is the availability of
athletic facilities, whether it is tennis courts, basketball courts or what
have you?
Ms. KixG. There is a difference in lack of the various facilities at
least the areas I go to differ. Often teachers and coaches come
up to
me and ask for suggestion?. I was brought up in California, and I did
not realize how much I was spoiled with our recreational facilities, so
probably I am not the best one to talk on facilities.
I know what I hear from others, and I think of course the biggest
problem is when we get to talking about cities New York City, for
example so many people to take care of, and a lack of land.
I was thinking today I would like to see a tennis court on top of

What

—

every building, or it could be converted into a basketball court or volleyball court, whatever.
I think people are turning on to being fit again. I see people
jogging
all over the place. I was in Philadelphia the other
day, and these two
fellows came down in the hotel lobby in their track outfits, and it was
cold outside, and they just opened the door and started jogging. I think
that is great.
But in the past girls were afraid to do that because we did not want
anybody to see us, you know, but I think that is finally changing.
,

PARKING LOTS FOR TEXNIS COURTS
Senator Javits. Our chairman might give his own example of his
unusual use of parking lots for tennis courts. Thank you very much.
The Chairman mentioned before we came in the fact that in one
1 forget the city parking lots were used on weekends for tennis
city
courts as an example of how space can be utilized for athletic purposes.
I thought it was a very good example. I think you mentioned Hawaii.
Senator Mondale. Senator Schweiker.

—

ENCOURAGING SPORTS FOR GIRLS AND WOMEN
Senator Schweiker. Thank you very much, Mr. Chairman.
Billie Jean, I am very glad to have you with us here this morning.
I saw the whole tennis match, and you did an excellent job, and I am
one of the tennis buffs who would not think of challenging you. You
can put me in that category I know my limitations.
Seriously though I would like to ask you one or two questions about
your statement, because I think one of your paragraphs goes to sort
of the heart of the issue which you say, "By the time a girl reaches high
school or college she is often well programed to think of sports as extraneous." I want to go a little further than that.
It seems to me some of our social mores in our society say that all
sports are unladylike or tomboyish, and in addition if you jump over
that hurdle then there is another discrimination that it is all right for
girls to play certain sports, that is, tennis, skating, swimming, horseback riding, but do not go beyond that.
;

82
Tlie statistics you have pi'ovided here are quite accurate, quite realisterms of the money the physical education department has spent

tic in

on men versus women.
The question I have to ask you if if you had equality of fundin<;^.
would you not have immediately some real problems^ How would you
solve them, such as breaking down among girls and women the concept
of the unladylikeness and also the matter of jumping from say swimming and tennis to some other sports, and how do we educate society on
the social mores that ob\'iously are involved ?
INIs. King. I think it starts at home. I know mothers come to me with
daughters and now they are very concerned. They hold their daughters
on their laps, and all of a sudden they think, I want my little girl
to have the same opportunities as my little boy; so she starts thinking,
but she does not have those opportunities.
I think that is one of the factors that is starting to change. At least
I notice this because more people come to me and
are thinking.
I got the same shots in 1966 that I made in 1973.

tell

me what

Now, why

all

they
of a

sudden do people know me ? I was world champion in 1966. I used to
come home and get oif the plane, and they did not know anything;
right

It is the vehicle. It is

getting the attention of the sports writers as

an athlete, and not writing the stories such as "Cute blue eyed petite
da-da boo-boo." That is the way they talk about women athletes. They
do not start a story about a male athlete the same way.
I remember speaking before women. I went to a breakfast one time
with Gloria Steinem to speak, and there were all women there, and I

—

froze. I am used to seeing all men
sports writers, ]>ress there are
really very few women involved. I think we have to cliange. Th.rough
having these programs and being accepted, we will be accepted in
time. That is the one thing I have tried to make happen ever since I
was 11 years old.
I was not allowed in a photo because I did not liave a tennis dress
on. I know that day I wanted to change tennis. That is just a small
part. Now I would like to see all women sports changed and help men
in sports too. What about the boy who is not very athletically inclined ?
should he be a put down too if he is a book worm and he does not
like sports?
many times do you see parents pushing him "Come one,
Freddie, get out there. You can do it. Show daddy and show mommy."
Forget it. Let people do their own thing where their abilities are.
There are so many women who have potential to be athletically inclined, and they are just afraid, but if through these educational programs, if you do fund athletic programs and girls find out it is fun,
they find out that they are accepted, in fact they are looked up to, this
will change everything.
It is when they go home and tell their family how much fun they
are having, and you see your children happy and their bright eyes
that is the best way.
I always have felt to change, we have to have professional vehicles.
That is why we want tennis to be professional, very much, because we
are the motivators, and I really think that is where it is at for a

Why
How

—

83
professional athlete. I feel I can motivate and get other people turned
on to my sport, but the only way I could do it is to be a professional,
and that is the truth.
As an amateur, I was saying the same things I am saying to you
today, and nobody could care less. So we have to have examples for
young people to look up to, and the better you do something, the more
responsibility you have to yourself as Avell as to others, because young
people come up to me and ask me a lot of things about drugs ^^about

—

everything.
I do not

know how to answer all their questions, but at least they
have identity. They identify for the first time in their lives. Little boys
come up to me and say, I want to be a great tennis player like you.
They don't think of me as a woman or man all they know is I am an
;

athlete.
it is through our textbooks, it is
whatever
field
are
through sports,
you
talking about, but we have
wasted half the potential of tliis country.
It makes me sad from that point of view, but I would like to see it
changed. I think it can change. It is changing, and it is not unladylike
to be assertive. Women are starting to have more self-respect, walking
tall, and I think a lot of it is just because of that match against Roberta
Riggs the other day. [Laughter.]
I cannot believe what that did, and what made me happy is, I was
world champion for the fifth time, and that turned me on the most
from self-satisfaction, but what I could do through that match against
Bobby wlio I know that is going to help a lot, and that really ma&es
me happy because it is getting people turned on.
It is just amazing how many husbands are washing dishes this week
really. You would not believe that. Well, maybe you do. Maybe you
are all at parties, I do not know, but I am really turned on to getting
other people to change their attitudes and to start having more fun,

I think

it is

at the educational level,

—

both men and women,
I think it has been a good thing for men, too, because
they have a
lot of pressure on them. They get a lot of ulcers because of what
society has done to them. "You have to be the breadwinner; you have
to make straight A's you have to do this and that."
Everyone is not the same, and some people are just going to get C's
in school
boy or girl but the pressure is always on tiie boy to get in
there. "You are going to be a breadwinner some day;
you are going to
be a doctor some day; you are going to be a lawyer." Parents should let
their children find themselves, not live through their children.
I find that so much in sports like little league and all that, I have a
younger brother who is a professional baseball player with the San
Francisco Giants, I think the reason Ave are here today is that our
parents did not live through us; they stood behind us. There is a big
;

—

difference.

We did not have a lot of money, but we knew they loved us, and
they were there. But parents really want their children to do what
they wish they had done. I cannot stress that enough.
That is all I wanted to stress. I am very disorganized when I am
speaking. I get emotional.

84
Senator Schweiker. I thank you very much. That
Senator Mondale. Senator Stafford.

is all

I have.

ENCOURAGEMENT OF WINTER SPORTS IN VERMONT
Senator Stafford. Thank you, Mr. Chairman.
I want to express my appreciation to you, Ms. King, for your being
here. I have read over your statement, and it indeed points up an
imbalance in the expenditure of fimds in colleges and universities
that ought to be corrected.
I have followed your career with admiration, and since T come
from a part of the comitry where we have lots of cold weather, I
cannot resist referring to skiing which is one of our favorite sports
in northern New England. In my State of Vermont, most of the public schools set aside at least one-half day a week of schooltime and
send all of the students of both sexes to the ski slope to learn to ski,
starting when they are young.
I do not think in skiing there is much discrimination as far as the
and maybe this is
availability of funds to both sexes are concerned,
one of the reasons that the only two Gold Medal winners we have had
in the Olympics have both come from Vermont Andrea Meade back
in the 1950's and Barbara Cochrane at the Olympics at Tokyo, Japan.
:

So I wonder if this is what you have in mind as an equal opportunity
for both sexes to participate "in sports, just wliat the Vermont schools
are doing in skiing.
Ms. King. That is very much what I am talking about. Of coiirse,
in sports where most women, such as Senator Schweiker
where
with
mentioned
skiing, tennis, golf, swimming, that is exactly
most of the women athletes have turned to. I think there is a very big

we have been

discrimination against women in team sports like softball, track, and a
lot more attention should be paid to this. Track and field sports might
be one of the best sports on which to concentrate some effort because
can all go out and run 10 yards or
there is no equipment needed.
100 yards without needing any equipment.
But it is going to be a long process. Nothing is going to
is doing that.
change quickly. I think it is great that New England
and decide to
to
women
the
to
it
is
I
feel
together
get
However,
up
not have to
do
the
do their own thing. I hope
younger people today
it took away from my perbecause
tennis
to
I
had
in
what
go through
formance level. Any time you take away from your peiformance level

it tears you down in some way.
At Wimbledon I was in more than 16 or 20 hours of meetings to get
the Womens' Tennis Association started. T locked the doors and I
we liave an association." Now
said, "You are not going to get out until
effect on their conditions.
some
had
have
that
are
they
happy
they
I really do not know that much about what is happening on the
educational level as far as funds are concerned, maybe you have some

as an athlete,

suggestions for me.
Senator Stafford.
the other witnesses.

are here to get suggestions

from you and

Ms, King. I like to learn from others because you see your own situation from your own local viewpoint, but otlier views are important.
I travel so much I get caught up in a very small world at times.

85
WIDER PARTICIPATION IN SPORTS
Senator Stafford. From reading your prepared text, I gather part
of your message to ns today is tliat it is liiglily beneficial for every
l)erson to be involved in athletics, to have an athletics experience, a
real one in grade school and on into college, and this benefit carries
over into your subsequent life as Avell as the period when you were
a student.
Ms. King. That is true. I think one thing sports teaches us is no
matter at what level of competition you may be, first of all you have
to have funds; second, it teaches you the day-to-day life of winning
and losing to accept it. to go forth and try to prove yourself as a
.

])erson.

One day you play great, the next day you play badly, and you cannot understand why, but that is the way everyone feels.
It teaches you a lot about yourself, about other human beings, about
how they react under pressure. As Bobby Riggs always said, a woman
always chokes and folds under pressure. He really meant that. Some
of his statements were pure show biz.
Senator INIondaij:. Thank you very much. While this morning's testiis concentrated on athletics, T gather that is your belief that the
bias and this problem you haA'e described in the educational system
is pervasive in all of its aspects, and that through the educational system we should try to eliminate these notions, these mores, and preju-

mony

you faced in athletics.
King. That is right.
Senator ^NIondale. I think your statement has been excellent, that
you have shown you are an intelligent spokeswoman for what we call
equity in education, and we are most grateful to have had you as a

dices that
]\rs.

witness.

Thank you very much.
Our next panel is from

the Department of Health. Education, and

Welfare.

STATEMENT OE CHARLES B. SAUNDERS, ACTING ASSISTANT
SECRETARY FOR EDUCATION; CHARLES M. COOKE, JR., DEPUTY
ASSISTANT SECRETARY FOR LEGISLATION, EDUCATION; PETER
HOLMES, DIRECTOR, OFFICE FOR CIVIL RIGHTS; HOLLY KNOX,
COCHAIRPERSON, COMMISSIONER'S TASK FORCE ON WOMEN IN
EDUCATION; CORINNE RIEDER, ASSISTANT DIRECTOR FOR
CAREER EDUCATION, NATIONAL INSTITUTE OF EDUCATION;
AND JOAN THOMPSON, FEDERAL WOMEN'S PROGRAM COORDINATOR, U.S. OFFICE OF EDUCATION, REPRESENTATIVES FROM THE
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, A
PANEL
Mr. Saunders. Thank you very much. Senator Mondale. I am happy
morning. 1 am Charles B. Saunders, Jr., Acting Assistant Secretary ,for Education. Before I begin my prepared statement
I would like to introduce the rest of the panel here with me.
On my right is Mr. Charles Cooke, Jr., Deputy Assistant Secretary
for Legislation (Education) next Mr. Peter Holmes, Director of the

to be here this

;

86
Office for Civil

Rights

;

left is

Ms. Holly Knox, who

Chair-

in Education
person of the Commissioner's Task Force on Women
for
Career EduDirector
Assistant
Ms.
her
is
Corinne
next to
Rieder,
cation at NIE and on the extreme right is Ms. Joan Thompson,
Federal Women's Coordinator.
In the spring of 1972, several forces came together to prompt
in educastepped-up Office of Education action on sex discrimination
tion: rising public concern about the widespread pattern of sex discrimination throughout the education system, enactment of Title IX of
the Higher Education Act establishing new Federal powers to move
against sex discrimination in education, and a call for greater
;

;

HEW

by former Secretary Richardson.
In response, Sidney P. Marland, who was then Commissioner of Education, moved to eleminate sex biases from Office of Education programs. As a first step. Dr. Marland established an ad hoc employee
task force to study the impact of OE programs on women including
research programs subsequently transferred to NIE and to report
to him on policy changes needed to correct abuses. In November the
task force submitted a 141-page report.
Senator Mondale. I think it is superb.
Mr. Saunders. We are very proud of it. I think it is a remarkable
job of telling us o,f the dimensions of the problem and what we have
efforts

—

to do.

Senator Mondale. Also a shocking document, I think, when you
realize the extent of discrimination in American educational institutions.
Mr. Saunders. It is certainly clearly documented.

Noting that HEW's education agencies had demonstrated scant
awareness of the inequities women face in education, the task force

summed up the problem this way

Chiefly because the agency has not been concerned about the use of its funds
deny women equal opportunity, OE and NIE funds directly support discriminatory practices of all kinds. In some cases, these are sins of commissionunequal pay for equal work, for instance. In others, they are sins of omission
for example, the failure to recruit women actively in predominantly male trainto

—

ing programs.

The group went on to point out examples of sex biases in a number
of program areas. They reported that
Vocational and training programs are helping to channel women
into a narrow range of relatively low paying occupations.
Some curriculum and public information materials developed under
or NIE sponsorship are sex biased.
Men overwhelmingly dominate top administrative positions in
:

NIE funded projects.
Many of the personnel training

and

and men for the educational

programs continue to train women
dominated by their

roles traditionally

sex.

funds support discriminatory student aid and admissions

practices.
Sex biases in research

may be producing distortions of our knowledge of the education needs of women.
Task force recommendations covered a wide range of policy and
action in several
procedural suggestions. Briefly, they urged

HEW

l)road areas: combatinoj sex discrimination directly supported in
:ind NIP] programs, strengthening existing enforceemnt procedures,
maneducating the public both about the problem and about the legal
funds to encourage studate to end sex

discrimination, using agency
new roles for both sexes, expanding opportunities
for women with special needs, and strengthening our data base on
women in education.
During the winter and early spring of 1973, the Office of Education's
Deputy Commissioners developed plans for implementing most of the
den.ts to explore

task force recommendations.
of
Agency responses have been completed and compiled. The Office
Education's final response is a T2-page document which makes specific
commitments for action including timetables for accomplishing
objectives.

to make agency policies and practices more reof women are unprecedented and varied. For
the
needs
to
sponsive
has
agreed to
example,
a
Develop
guidebook on avoiding sex and racial biases in instructo
tional, training, and public relations materials, for distribution
materials development projects funded by OE.
Review agency funded curriculum and information materials slated

These commitments

for national distribution for sex and racial biases.
Notify potential developers of instructional and public relations
materials through guidelines, RFP's and other such documents that,
as a condition for funding, their materials must be free from race or
sex stereotyping.
Assist adult women who wish to continue their education by alerting
all adult education programs that increasing educational opportunities for women is now agency policy.
Have
contract officers send the Office for Civil Rights Higher
Education Guidelines to each institution of higher education applying
for
contracts. This package is designed to assist institutions of

higher education in understanding requirements and responsibilities
under Executive Order 11246. A smiilar technical assistance package
is being developed by OCR for
potential contractors who are not
institutions of higher education.
Collect additional data by sex in five OE education surveys, and
publish an annual summary of the agency's statistics on women in
education.

Include an informal check on compliance with Title

assurances

in regular

program site visits.
Emphasize to education and related groups, the need for action
end sex discrimination through speeches by top OE officials.
Provide graining for
the agency's

Senator Mondale.
the

staff

own employment
INIr.

concerning biases facing

women

practices.

Saunders, would you submit for the record

list.

Mr. Saunders. I would be glad to.
[Information referred to and subsequently supplied follows

88
December

197 3

EXHIBIT 8

IMFI.EMENTING RECOMMENDATIONS
OFFICE OF EDUCATION PROGRESS REPORT:
OF THE TASK FORCE ON THE IMPACT OF OE PROGRAMS ON WOMEN

In August 1973 'the Office of Education committed Itself to an action plan
for implementing many of the recommendations of the Commissioner's Task
Force on the Impact of OE Programs on Women, which submitted its report
one year ago. This is a brief summary of the recommendations, OE's commitment for action, and actual progress to date.

Recommendation 1 dealt with Informing OE aid recipients of their obligations
under Title IX, by
a.

Including a statement on Title IX in program documents and
requiring applicants to submit an assurance of compliance, and

Distributing detailed information on Title IX to aid recipients.

OE Commitment

OE agreed to Insert a sex discrimination provision into appropriate
documents, and to mail Title IX regulations to education institutions
when they become available.

Action to date

A section on Title IX has been included in the OE General Provisions
Regulations, published in September. Since these regulations apply to
all OE programs, the Title IX section was added here rather than insertIn addition, the
ing it in dozens of separate program regulations.
General Council's office has drafted a sex discrimination provision for
insertion in other program documents such as guidelines and application
notices
.

Each Deputy Commissioner has appointed someone to review program documents
and insert the provision.
Of course, Title IX regulations are not yet
available; however, the contracts office is sending out copies of the
Higher Education Guidelines on Executive Order 11246 to institutions of
higher education which are potential contractors, during final contract
negotiations
.

Recommendation 2 urged that OE provide more detailed information on the implications of Title IX to school personnel, by

89
a.

conducting worksliops on Title IX, and

having; the Commissioner urge Chief State School Officers
to take a leadership role in ending sex discrimination in

education within each State.
OE Conmiitmen t

OE agreed to conduct public briefings on Title IX, Title VI of the
Civil Rights Act, and Executive Order 11246. The Commissioner also
agreed to stress the subject with the Chiefs.

Action to date

There are no definite training plans yet,
but information on Federal laws is distributed on request within the
OCR Director Holmes spoke briefly at the June 17 Council of
agency.
Chief State School Officers on Title IX and Title VI of the Civil Rights
Act. A more extensive briefing is intended once Title IX regulations
become effective.

Recommen dation 3 suggests that OE include informal Title IX compliance checks
in regular program site reviews.
OE Commitment

OE will note suspected or obvious conditions of discrimination and report
them to OCR, since OCR is the agency charged with enforcement.

Action to date

OE staff and OCR have discussed the possibility of developing checklists
for OE site reviewers.
However, checklists will not be developed until
Title IX regulations are completed, and site review compliance checks will
have to await this.

Recommendation 4 asks OE to see that materials developed with OE funds for
national distribution are not sex biased. This would include:
a.

having regulations or other program documents state that
avoiding sex stereotyping is a condition of funding for
the development of these materials,

developing a guidebook on how to avoid sex biases, and

having program staff review materials for sex bias, and
reviewing materials already under development for sex
biases .

90
01;

Coiiuni tmciit

Thu Deputy Commissioners agreed, in effect, to all these points.

Action to date

On (a.) no action has been taken while the General Counsel's office
considers the legality of requiring this as a condition of funding.

The guidebook has not yet been developed. The Office for Public
Affairs has included a discussion on avoiding sex biases in its
booklet for agency project officers (now in draft).
Several Deputy Commissioners and individual program heads have appointed
a specific staff person to review appropriate materials for sex bias.

Recommendation
education by

asked OE to help eliminate sex discrimination in career

establishing the elimination of sex segregation as one of
career education major goals, and stressing this in agency
materials on career education,

emphasizing in program documents that eliminating sex
segregation is a priority, and

requiring model programs to report success in including students
of both sexes in all career education activities.

OE Commitment

None, on the grounds that a response requires coordination with NIE.

Recommendation 6 asks that training programs seek to equalize the proportion
of men and women, in training areas where one sex is underrepresented.
It
urges that program guidelines require applicants to submit plans for improving
these proportions and to report annually on their progress.
OE Commi tment

The Deputy for Occupational and Adult Education said he intends to notify
State departments of education of the desirability of avoiding underrepresentation of one sex. The Institute of International Study promised
to insert a sentence in its program manual expressing the hope that all

91
eligible candidates will be infoniied of training opportunities.
Teaclier Corps reported it would encourage projects to recruit males,
who are underrepresented in entry level elementary school teaching
positions

Strongest action was envisioned by tlie Bureau of Education for the
Handicapped, which agreed to ask applicants for plans to overcome
imbalances if statistics show a group is underrepresented.
In
addition, BEH agreed to solicit proposals to develop recruitment procedures to insure equal access for both sexes, as well as for minorities
and the handicapped.

Recommendation 7 urges OE to promote more women in top positions in projects
funded by the agency, by
a.

asking applicants for discretionary programs to submit data
on top project staff by sex,

encouraging applications from women in program documents, and

placing women's organizations on appropriate mailing lists.

OE Commitment:

The agency rejected (a.) and (b.) as unnecessary and cumbersome.
However, it did agree to inform women's groups of discretionary
programs and to place women's organizations on program mailing
lists.

Recommendation

8 asks OE to

OE Commitment

review study questionnaires for sex biases.

The agency's forms clearance office has been made responsible for such
a review, and the Women's Program Office will prepare forms for
detecting sex bias.

92
KecoiiiiiieTKlat ton 9 recommends that OE avoid
with limited exceptions.

OE Commitment

.'.ingle

sex researcli studies,

Research projects will use samples of both sexes except in unusual
circumstances. The Commissioner agreed to notify the offices affected
by this requirement.

Recommendations 10-14 did not apply speci ically to OE.

Recommendation 15 requested that the Commissioner of Education and other
top agency officials speak before key edu:ation groups on their responsibilities for ending sex discrimination.
OE Commitment

The Deputy Commissioner for Occupational and Adult Education promised to
write a letter on his commitment in this area, and agreed to have the
DCOAE task force develop speech materials and a basic speech. The Deputy
Commissioner for Higher Education agreed to discuss Title IX in speeches
before the National Student Association and the National Council on
Education. One Deputy agreed to advise the Commissioner of possible
appropriate occasions for such speeches.

Action to date

The subject of sex discrimination has been raised in several speeches
by OE officials
.

Reconiniendation 16 urged the Office for Public Affairs to use its media
channels to help educate the public about inequalities facing women in

education, through
a.

a documentary film,

a traveling exhibit,

a pamphlet on women's legal rights in education,

articles in OE's monthly news magazine.

and

93
OE Conanitment:

OPA concurred with all these but (b.).
exhibit is not cost beneficial.

Action to date

It felt that a traveling

American Education magazine has published two articles on sex discrimination, one dealing with women's legal rights.

Recommendation 17 urges OE to spend program funds for projects aimed at
helping children of both sexes to encourage new roles, including:
a.

developing educational and guidance materials and approaches,

developing teacher training materials on avoiding sex biases,

disseminating a bibliography of unbiased instructional materials,
and

seeing that exemplary career education projects include instruction on women and work.

OE Commitment

No specific commitments were made on (a.) or (b.). /Jhile limited staff
and current priorities make (c) impossible, the Office for Public
Affairs does refer interested persons to organizations compiling
such lists. The Deputy Commissioner for Occupational and Adult
Education agreed that his Task Force will assure the Inclusion in
career education projects of materials to encourage participation
In addition, the Teacher Corps
of both sexes in all occupations.
and
promised to encourage projects to train interns to recognize
overcome sex biases.

Recommendation 18 urges OE to encourage education institutions to expand
educational opportunities for parents with child-rearing responsibilities
through:
a.

making day care an allowable cost in OE programs training
adults, and

setting aside $2 million for projects to help school-aged
parents
.

94
OE Commitment:
No commitment was made on (a)
pending a General Counsel decision
Recommendation 18(b) was rejected
about whether this would be legal.
because of OE s limited discretionary authority.
,

Recommendation 19 urges expanded part time education through:
a.

insuring that all OE programs serving adults accept part-time
students, and

urging institutions to make Federal student financial aid to
half-time students proportionate to their enrollment.

OE Commitment

The Deputy Commissioner for Higher Education did not accept the recommendation. Several programs already serve part-time students; and 19
(b) fias rejected on the grounds that priority should be greatest need
not full or part-time status, and that the longer period part-time
students are in school makes financial aid for these students more
expensive. The Deputy Commissioner for Occupational and Adult Education
said his Deputyship would encourage states to provide continuing or
occupational education for women, both for full and part-time study.

Recommendation 20 asks that OE guidelines for programs for adults state that
women wishing to continue their education be given special consideration.
It also asks that this population be a special target group for Educational
Opportunity Centers and that the new discretionary set aside under Title I
of the Higher Education Act fund programs serving this group.
OE Commitment

OE reported that this group cannot be singled out for participation
None.
unless legislation mandates It, and that no funds were budgeted for Title I
HEA.

95
ReconmicndaLion 21 urges a public service information campaign on new
opportunities for women in education, by
a.

distributing materials encouraging young women to enter
male-dominated occupations, and

providing information on student financial aid to women in
the home
.

OE Commitment

OE rejected the first as a Labor Department rather than an OE function.
OE did assist the Labor Department in updating portions of their Handbook on Women Writers. However, the Office of Public Affairs agreed to
develop a briefing paper for women in the home wishing to resume their
education or training.

Recommendation 22 urges OE to experiment with new educational approaches
designed to expand opportunities for women.
OE Commitment

None, on the grounds that this responsibility rests with NIE and the
Fund for Postsecondary Education, not OE.

Recommendation 23 asks OE to collect additional data by sex in ten of its
regular surveys.
OE Commitment

OE agreed to collect these data in seven surveys.

Action to date

Additional information by sex has been added to one of the seven surveys;
information on tenured faculty tlie llECJIS Employees on Higher Education
survey.

96
KeconnncndalLon 24 urges the collection and reporting of data on OE programs by sex, including:
a.

participation data,

data on top project staff, and

summaries of projects to improve educational opportunities for
women
.

OE Commitment

OE did not accept recommendation (a) , feeling it would be time consuming
However, it did
and limited value without staff to evaluate the data.
for
agree to have the Women's Program Office make recommendations
OE did agree
expanding the number of programs collecting these data.
and rather than have all programs provide the summaries mentioned
to (b)
in (c), it agreed to have some programs provide them.
,

Recommendation 25 asks that evaluations include an analysis of sex discrimination in the program or area covered.
OE Commitment

OE has not yet responded to this recommendation.

Recommendation 26 suggests a series of studies on sexism in education. It
specifically asks that OE sponsor a study of the barriers women and men
without a high school diploma face in resuming their education, and that
the current OE study on barriers to women's participation in postsecondary
education include a control group of males.
OE Commitment

OE has not yet responded to the request for a study on barriers facing
women without a high school diploma. The agency did agree to include
a male control group if the current barriers study is continued.

97
Rocommoiulat ion 27 urges OE to expand dissemination of information on women
in education, through:
a.

publishing special statistic reports on women in education and
higlilighting sex breakdowns in regular statistical reports, and

including participant data by sex in annual program reports.

OE Commitment

The National Center for Educational Statistics has agreed to (a). On
the Women's Program Office has agreed to report evidence on dis(b)
crimination in any programs collecting data by sex.
,

Recommendation 28 asks that OE establish educational equality for the sexes
It also urges:
as an official agency priority.
a.

tracking implementation of the recommendations through the
Operational Planning System (OPS), and

setting aside 10% of the funds of several programs for projects
furthering opportunities for women.

OE Commitment

OE rejected the recommendations to make this an official priority and
to set aside program funds for these purposes.
The agency plan does include
having the Women's Program Office decide which recommendations should
be tracked through OPS
.

Recommendation 29 urges training for OE employees on:
a.

Title IX, and

on employee biases against women.

OE Commitment

OE agreed that Title IX training is needed for program directors, and
other OE regional staff. It also plans equal employment training for
all staff.

98
Action to date:
OE staff have discussed the possibility of Title IX training with staff
The Equal Employment Opportunity Office
in the Office of Civil Rights.
is developing an EEO training program.

Recoiimiendation 30 asks establishment of a 12 person Women's Action Office.

OE Conmitment

OE agreed to establish a Women's Program Office, probably comprised of
3 to 5 people.

Action to date

Preliminary steps toward establishment of the office have been taken.
A formal announcement is expected shortly.

Recommendation 31 suggests convening an ad hoc committee to recommend on
selection of top personnel in the Women's Action Office.
OE Commitment

None.
OE rejected this recommendation, preferring regular merit promotion procedures.

Recommendation 32 urges designation of Women's Action Advisors throughout
OE, to link programs with the Women's Action Office.
OE Commitment

OE favored an employee advisory committee but preferred to leave
None.
final decisions to the Women's Program Office.

Recommendation 33 asks OE to increase the proportion of women advising on
agency policies by:

99
a.

seeing that advisory couucii recommendations aim to bring
advisory council membership to 507o female,

setting the same goal lor program review panels, education
teams, technical assistance personnel and consultants, and
adopting a standard consultant fee,

appoint task forces approximately

having agency officials report periodically on the male/female
make up of all these groups.

OE Commitment

female, and

507<,

On recommendation 33(a), the Commissioner agreed to ask the Secretary
On (a) (b) and (c) OE agreed that each
to accept 50% as a goal.
Deputy Commissioner will review and report on the composition of task
forces, review panels, and consultants annually, and that plans for
improving these ratios will be drawn up wherever possible.
,

100

Mr. Saunders. At the same time, NIE establislied an ad hoc commitcomposed of senioi- staff to react to the r-ecommendations made by
the task force. The committee accepted 18 of the '2i^l task foice recommendations applicable to NIE, and, I mi^ht add, tlie committee added
several recommendations of its own.
tee

Since that report NIE established an Office for Human Riofhts to
deal with minority and woniens' concerns both within the Institute
and in the education community at laro:e. The Office for Human
Rights is now. setting deadlines for activities and designating offices
I'esponsible for ini])lementing the reconnnendations.
The Office for Civil Rights has pi-epared a draft of the regulation
applicable to Title IX of the Education Amendments of 1972 (Public
Law 92-318). The draft has been circulated for comment to other
departmental and aj^propriate agencies, such as the I^.S. Commission
final draft will be forwarded to the Secretary for
on Civil Rights.
his approval.
It should be noted that under the statute, the regulation must have
the President's approval.
During the interiui ])eriod, the Office for Civil Rights has sent
memoranda to public school superintendents, State agency officials,
vocational schools, and presidents of higher education institutions
broadly outlining the nondiscrimination requirements of Title IX.
The 1978
survey of school district contains questions relevant
to Title IX. For example, school districts have been asked to report
on classes or groupings com]n-ised of 80 percent or more students of
one sex. On the joint
employment form, public school
systems must furnish various data on the sex composition of teaching
is designing other survey
and administrative staff. In addition,
forms which will assist in the undertaking of compliance activities

—

OCR

EEOC-OCR

OCR

in this area.

Mr. Holmes from OCR will be glad to provide any further details
on the status of Title IX desired by the subcommittee.
I would like to talk briefly about the departmental position on
S. 2518. The l)ill would authorize the Secretary to make grants and
contracts for a wide variety of activities to promote women's educational equity. These activities include The development of unsexbiased
curriculums; training programs; support of women's educational programs and resource centers; improved career, vocational, and physical
education programs and the preparation and dissemination of materials for use in the mass media.
The bill would also establish within the Office of Education a 21member advisory council to advise, review and make recommendations for the administration of programs covered in the bill, and to
coordinate related activities within the Federal Government. Appropriations totaling $80 million over the next 3 fiscal years would be
:

;

authorized.
The administration strongly supports the objective of educational
equity for all, but we do not regard the method set forth in the bill
for achieving this objective as necessary or desirable.
Senator Mondale. That is what you said on child abuse. You are
always with us in principle. It's like Truman said "You are always
for minimum wage; the lower the minimum, the better,"
Are you people ever going to be for anything?
Mr. Saunders. I think we have some very strong commitments in
:

this area.

101

How

Senator Mondale. The rhetoric is beautiful.
many women are
in top education administration positions since that report came out?
Mr. Saunders. I can get you the figures.
Ms. Thompson.
have seven, I think.

Senator Mondale. Seven out of how many ? Super grades
Ms. Thompson. We have 7 I think out of 53. I can doublecheck
'?

that for you.

[The information referred to and subsequently supplied follows :]
of November 27, the OflSce of Education had four women in Grades 16-18,

out of a total of 40.

Mr. Saunders.
feel, Senator, that the stated objectives can be
attained through determined efforts under existing authorities and
resources available to the Department, along with other efforts at all
levels of government and by affected organizations, institutions, and
groups.
One aspect of the bill which we consider especially unnecessary and
duplicative is the proposed Council on Women's Educational Programs. The Department already has a 19-member Advisory Committee on the Eights and Responsibilities of Women which was established in the public interest under the authority of Executive Order
11246.

Senator Mondale. AVhat kind of budget does that council have ?
Mr. Saunders. It is a very active committee.
Do you know what the budget is for the Advisory Committee ?
Ms. Thompson. I do not know.
Senator Mondale. Would you submit that ?
Mr. Saunders. It is around $200,000, I understand. We will supply
it.

[The information referred

and subsequently supplied follows:]

The

Secretary's Advisory Committee is operating under the continuing resolution at the same level as last year, $116,000.

Mr. Saunders. Seventeen of the members, including the chairperson who is currently Judge Elizabeth Athanasakos, are desigwomen's action
nated by the Secretary. The Director of the
women's
Federal
the
the
of
Director
and
program are ex
program
officio members.
This committee advises the Secretary concerning policies, programs,
and other activities of the Department relating to the status of women.
In developing and assessing such recommendations, the committee reviews policies, programs, and other activities of the Department as
they relate to women. An annual report is submitted. Also, the com-

—

HEW

mittee has a five-member education subcommittee.
For these reasons we would oppose the enactment of S. 2518,
Instead, we favor a three-part strategy in
designed to achieve
educational equity for women. First, the Education Division will continue our efforts to implement most of the recommendations made by
the Commissioner's Task Force Report.
Second, the Office for Civil Rights will enforce and monitor Title
IX of Public Law 92-318 and other legal prohibitions against sex
discrimination.
And finally, we will move forward under existing authorities with
projects to equalize educational opportunities for women. Our activities under the first two approaches have already been described.

HEW

102
I would like to look now more closely at the third strategy. Some
program funds have already been committed to activities for women's
educational equity. We consider this response only a beginning and we
intend to commit more funds to this purpose is the future.
The Office of Education, for example, has funded two national conferences on the subject. The Center for Human Kelations of the National Education Association received a grant from OE of $34,850 to
set up a working conference on sex role stereotypes in the classroom.
The Conference, which was held in November 1972 brought together
individual scholars, feminists, educational associations, and related
to join in a collaborative effort for increasing teachers' awareness of the damaging effects of sex role stereotypes in the classroom.
Another, to be held in January under the auspices of the Institute
for Educational Leadership at George Washington University, will
produce materials aimed at helping those at the State and local level
to work toward eliminating sex discrimination in the schools.
An
grant was made under the Education Professions Development Act to the University of Puget Sound in Tacoma, Wash., for
"Project Upward INIobility." It provides a 1-year fellowship program
for women, including a 7-month internship in universities and related
governmental agencies. One group of interns has completed the program and received master's degrees, and a second group is now in

groups

training.

The goal is to develop the capabilities of the participants to work
at administrative levels in higher education. In fiscal year 1973,

provided $75,000 for program development and $54,000 for stipends.
This year, $90,000 will be provided for progi'am development.
The Fund foi- the Improvement of Postsocondary Education has
also supplied moneys for a number of projects. In fiscal 1973, its first
year of operation, the fund provided resources totaling $544,890 for
seven major programs aimed solely at the postsecondary needs of

women.

Some examples of the types of grants made are To operate a service
center designed to improve the career and educational opportunities of
adult urban women, to establish a women's center for career and life
planning and the integration of career and liberal arts curriculums,
and to develop and produce a video-cassette law school course on women and the law.
Additionally, a number of other projects, while not dealing solely
:

with women, have major components responsive to women. These include projects aimed generally at developing new approaches to nontraditional learners, such as mature people resuming their education

and

pai't-time students.
like to submit for the record at this point a

would

more detailed
of the seven women's programs sponsored by the fund.
At the new National Institute of Education, funds totaling $2,002,966 were obligated during fiscal year 1973 for 12 research and developI

list

ment

projects.

Senator Mondalp:. Where did they go ?
Mr. Saunders. I have a list of them which I would like to submit.
I will attach

as exhibit

[The information referred

to in exhibit 1 follows

103
EXHIBIT

FISCAL 1973 WOMEN'S PROGRAMS

FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION

Barat College $49,572
Lake Forest, Illinois
For the restructuring of the college to meet postsedondary educational needs of non-college-age women.

San Jose College §51,781
San Jose, California
For a program of services designed to facilitate the re-entry of
minority women into postsecondary education.

Women's Inner-City Educational Resource Service
Boston, Massachusetts

$209,890

For the operation of a service center designed to inprove the career
and educational opportunities of adult urban women in the greater
Boston area.
4)

Mills College $75,600
Oakland, California
To establish a women's center for career and life planning and the
integration of career and liberal arts curricula.

Seton Hall University
Newark, New Jersey

$46,994

For the development and production of a video-cassette law school
course on women and the law.
6)

Women's History Research Center, Inc
Berkeley, California

$50,457

For developing local collections of materials sensitive to women's
needs by (1) intensive training of library interns in the methods
of the library, and (2) on-site consultations to libraries interested
in providing services to women.
7)

Purdue University $60,596
West Lafayette, Indiana
For reducing the attrition of women students in the sciences.

Additionally, a number of other projects while not solely dealing with
women, do have major components responsive to women. These include projects aiming generally at developing new approaches to non-traditional
learners.

104
FISCAL YEAR 1973 FUNDING BY NIE OF WOMEN'S PROGRAMS

12 Projects

— Total

Funding;

$2,002,966

THE CAREER EDUCATION PROGRAM (Field Initiated Studies)
1)

"
"
The Role of Women in American Society $54,646.50
Educational Development Center
Newton, Massachusetts

To develop a film and related teaching materials on alternative life
choices available to women.

"
Sex as a Factor Influencing Career Recommendations of Public School
Guidance Counselors " $9,691.31
Virginia Polytechnic Institute and State University
Blacksburg, Virginia
.

To study whether a student's sex alters the career recommendations of
a counselor and other aspects of student-counselor relationships.

"
The Impact of Colleges and Universities on Educational and Occupational
"
$9,976.00
Aspirations of Women
of
California, Santa Barbara
University
Santa Barbara, California

The study compares the differential effects of attending college or
university upon the educational and occupational aspirations of men
and women.

"
The Impact of Educational Attainment on Fertility and Female Labor
Force Behavior " $92,021.00
University of Minnesota
Minneapolis Minnesota
,

To estimate the structural aspects of the labor market to answer the
questions
:

(a)
(b)

(c)

What are the costs and benefits of education in economic terms?
If women not currently working enter the labor market would
they receive benefits similar to those presently working?
What is the economic cost to women of bearing children?

105
Page
5)

2
"
"Study of Sex Bias and Sex Fairness in Career Guidance Materials
NIE hopes to continue this study in FY 74.
(in-house study)

$35,000

The project has three objectives;
(a)

(b)

(c)

to determine operational criteria for sex bias and sex fairness
in career guidance inaterials inventories
to issue a request for proposals to have the operational criteria
applied to published inventories and placed in a consumer's manual
to identify further research needs and secondary analyses

As this study is large in scope, it has a senior consultant and an outside Planning Group to help identify issues to be addressed.
A workshop
is planned by the end of February in which counselor educators, test
constructors, and publishers, psychologists, and others interested in
women and counseling will be invited to react to the tentative operational criteria for sex bias and sex fairness.

"Educational Development Project " $1,636,000.
this program in FY 74)
Educational Development Corporation
Providence, Rhode Island

(NIE hopes to continue

This project is designed to appeal mainly to women interested in reentering the labor force, although it does not confine itself solely
The program is developing techniques for telephone counselto women.
ing and guidance, surveying local educational resources, collating
information about careers, and updating information and procedures
to train and supervise paraprofessional telephone counselors.
The EDC counseling effort is directed at persons who are non-college
educated and home-based.
Its focus is on career-deci'sion making and
career information rather than on job placement.

OFFICE OF RESEARCH GRANTS
7)

"
The Effect of Interest in Material on Sex Differences in Children's
"
$9,977.00
Reading Comprehension
Illinois University
Urbana, Illinois

To explore the effect of interest on comprehension by supplying boys
then girls high versus low interest reading materials.

"A Study of Women as Graduate Students "
Virginia Polytechnic Institute
Blacksburg, Virginia

$44,743

106
Page

To determine whether or not discrimination against women as graduate
students exists, and how it is shown, e.g. male-female differences
in admission rates, financial support, treatment as students, types of
institutions, and fields of study.

"Modification of Female Leadership Behavior in the Presence of Males"
$22,000
Educational Testing Service
Princeton, New Jersey
The three objectives of this study are to:
(a)

(b)
(c)

10)

investigate whether task-oriented leadership behaviors of females
differ from those of males
determine experimentally whether leadership behaviors of females
are modified in the presence of males
validate a novel technique for assessing interpersonal interaction.

"Massachusetts Law, Women and Vocational Education"
Organization for Social and Technical Innovation
Newton, Massachusetts

$69,110

To examine the interaction between a State law and an educational
system to learn more about the dynamics of their relationship to each
The law which is the subject of this study is one which enlarges
other.
educational opportunities for girls attending public schools in
Massachusetts. The educational system studied is vocational education.

11)

"The Effect of Prenatally Administered Progestins on IQ Achievement,
Personality Development and Gender Role Behavior in Children." $9,998
Teachers College, Columbia University
New York, New York

To examine the effect of such progestins in children in controlled
research groups.

12)

"
Classroom Interactions and the Impact of Evaluation Feedback:
Differences in Learned Helplessness" $9,804
Illinois University
Champaign, Illinois

Sex

The study addresses the problem of children's maladaptive responses to
failure on school-related achievement tasks.

107
FISCAL YEAR 1974 NIE PROPOSED PROJECTS— AWAITING FINAL POLICY DECISI013S
BY THE NATX0::AL COLTJCIL on EDUCATION RESEARCH

Because of our undecided Fiscal Year 1974 funding, the Council has not yet
made firm policy decisions covering new initiatives for the Institute.

CAP£ER EDUCATION
1)

PHOGP-A.M

Continuacicn of the "Stud v of Sex Bias and Sex Fairness in Career
Guidance .''.aterials" $165,000
(See the description under FY 73 funding project #5)

Continuation of the

Educational Develonrent Pro-^ect "

(See the description under FY 73 funding, project

"Career Eaucaticn

r;2'?ds

of Mincritv

v:cTren"

$500,000

?f6)

$60,000

The focus of this prccrram is the er.ployment problems minority women
face when entering th<2 labor force.

"Studv of I.inkaces-^or -Wer^n betvc^n "ducaticn and Labor Market with
^
$^7000
Specific f~T;n-.3i= en ::.-e o: C- v:i:: --iITT

To revicv/ and synthesi::e existing literature and evaluate existing
progranvs as they relays to:
(a)
(b)

(c)

the prcblem.s woir.en face prior to entering the labor force
a survey of the existing cuic=.T-:Ge prograrjs for worf'n
high
schools and colleges with an errr-.hasis on special counseling prograir.3 which are prinariiy ccr.cGrnod with wo~3n
a rt- view of the theoretical and empirical investiaaticns which

handle special prcbler.s which relate to' guidance and counseling
for wcn-.en (achiever.ent conflicts, sex role ^stereotyping, etc).

OFFICE or

rr'^ L'AKCM

.^-:d

r:c^LO~'TC''^Y s'^uorns

In Septerber, the Office of Research and Exploratory Studies brought on board
Dr. Jean LipT.an-Bluren as their specialist in research on and about women.

108

Dr. Llpman-Blumen has proposed four projects for funding by the
Office of Research and Exploratory Studies, though again we must
mention that the Council has not yet made decisions covering
these and other new initiatives.

"Vicarious Achievement Project"

$3,000

This project is designed to assess the problems of vicarious
modes of achievement in both females and males. Direct
achievement, and fear of success and failure are alternative
modes of achievement also studied within this research design.
Vicarious achievement in female subjects is a special research
focus within this project. The project is designed to address
the question of whether girls are taught to meet their needs for

achievement primarily through the success of an important male
figure in their lives, (i.e„ father, brother, husband) rather than
through their own achievement efforts. How does this affect
their educational and career as well as other important life
choices and styles? (A follow-up project is tentatively planned
to develop training modules for classroom resocialization to
direct achievement modes. The follow-up pscja^c is not included
in this budget figure)
6)

"Life Plans of Married

Women"

$60,000

This research represents a follow-up of a 1968 study of 1900
married women. The original data were collected prior to the

advent of the women's movement, which presumably has had
considerable impact on certain segments of the female
population.
This follow-up study will assess the degree to which the
movement and other factors have made an impact upon the
educational and occupational aspirations of a group of married

women
7)

International Interdisciplinary Conferences on .Male/Female

Roles in Advanced Industrialized Societies "

cover

first

$50,000

(to

conference/workshop)

first conference, now in the planning stage, would focus
on the occupational xind educational problems facing women in
Industrialized societies. The conference would t ave an international and interdisciplinary pers-pectlve on the problems
discussed. The conferences are designed to brirg together

The

109
researchers, educators, policy formulators and implementers,
as well f>s mass media personnel, A major purpose of these
conferences is to synthesize existing and current research
and plan future research that will form the basis for an informed
social policy.

The initial conference is planned for late 1974 and there Is a
good possibility that foreign countries will supply matching
funds to support
8)

Women

it.

Education Literature Review

$4,000

This is a review of the literature concerned with women's
It will attempt to look at the historical, socioloeducation
gical, economic, psychological, occupational, and educational
literature that focusses upon issues in women's education.
It will be an effort to assess the quality and direction of
research on women's education. This review will be done in
order to identify those areas of research which should form
the focus of NIE's research effort on women's roles.
.

no
Senator Mondale. Let us just take a look at those for a minute.

Where did those grants go?
Mr. Saunders. They are

attached to the testimony. These include
study to determine whether a student's sex alters the career recommendations of guidance counselors, a film and teaching materials on
:

alternative life choices available to women for use in schools, a study
to determine whether discrimination against female graduate students
exists, a study on the modification of female leadership behavior in
the presence of males, and a career information service aimed mainly
at women interested in reentering the labor force.
I would like to submit for the record at this point a more comprehensive list of programs funded by NIE. This list includes a
would like to fund, based on the adminnumber of projects that
istration's budget request. As you know, the Congress has reduced
that request substantially, and adjustments in the plans may be

NIE

necessary.

Senator Moxdale. Reduced in what request ?
Mr. Saunders. NIE budget request. We asked for $162 million.
Senator Mondale. What percent of the increase would go to fight
discrimination if you were granted it ?
Mr. Saunders. Do you have a specific figure on that?
Ms. Rieder. Somewhere in the neighborhood of an additional $1
million to $2 million, in addition to the roughly $2 million worth of
projects already underway.
Senator Mondale. What did we appropriate ?
Ms. Rieder. The Senate appropriated $75 million.
Senator Mondale. "What did you request ?
Mr. Saunders. We requested $162 million.
Senator Mondale. So out of $95 million, do you intend to set aside

another $1 million for this project? We are talking about $90 million you said we did not give you, and you are planning to give how-

much of that to this project ?
Mr. Saunders. Between $1 million and $2 million.
Senator Mondale. That is doing better. Go ahead.
Mr. Saunders. It is really difficult to tell that. We would have to
wait and see what kind of package came in.
In conclusion, Senator, we intend to continue and expand our support for these kinds of projects under existing authority. At the same
time, we are realistic enough to know that in order to achieve a maximum commitment from the many programs and agencies that could
make a contribution, continuing encouragement and followup will be
necessary.

The Office of Education will establish within the next few weeks a
Women's Action Office, thus implementing the key recommendation
made by the Commissioner's Task Force report.

oversee OE efforts to secure equal opportunity for
within the agency and in education at large. It will also serve
as a clearinghouse for information on discrimination against women.
So, in other words, within the next few weeks one of the key recommendations will be accomplished and in place.
Also, the (^ommissionei- has assured me that he will commit funds
this year for initiating additional programs aimed at achieving edu-

This

office will

women

cational equity for

women.

Ill

In sum, Mr. Chairman, we are confident that the actions outlined
abo\e, both completed and contemplated, together with the rising concern and action by other Federal agencies and State, local and private
organizations will produce progress toward the objectives shared by
the Department and this subcommittee. This Department is committed
to doing its shai-e but these problems can only be solved by increased
awareness, concern and committed action by the whole society.
This concludes my prepared statement, Mr. Chairman, and I will be
happy to respond to any questions you or other members of the subcommittee may have.
Senator IMoistdale. '\'Vliy have no final guidelines for Title IX been
issued a year after enactment ?
Mr. Saunders. Title IX guidelines are still in draft form.
Mr. Holmes. Tf I may. Senator, as the statement indicated, the regulations under Title IX are now being circulated within the Department and among other departments.
Senator Mondale. Do you expect those to be promulgated shortly ?
Mr. Holmes. Comments are back to us now, and we are reviewing
them. Tlie document should go to the Secretarj^ in the very near future.
Senator Mondale. When do you think the guidelines will be final?
Mr. Holmes. I would expect them to be issued for comment by the
first of January.
Senator ISIondale. What do you mean, in the Federal Register?
]\Ir. Holmes. Yes, the Federal Register, issued for comment at the
beginning of the A'ear.
Senator INIondale. Do you agree with the Task Force recommendations that title IX should be amended to increase educational institutions not now covered, such as military academies, single sex public
undergraduate colleges, private undergraduate colleges, and the rest ?
]\Ir. Sauxders. The Office of Education response to that recommendation was that it was too early at this point, it was unrealistic to
talk about amendments to the law which was just on the books, and we
are still in the process of trying to implement it.
would like to see the law implemented before we consider further changes.
Mr. Holmes. If I may, it is not altogether clear to me. Senator, why
tlie exemptions were legislated from the legislative
history in the hearing record. The legislation is packed full of such exemptions, as you
note. I do not know what went into Congress' consideration.
Senator Moxdale. Do you support removing those exemptions?
Mr. Holmes. I have to agree with INIr. Saunders too that I think we
need more information. I think the Congress miffht verv well want to
consider that issue itself as well.
Senator Mondale. But that is why you are up here, to find out 3'our
point of view. You do not have one ?
Mr. HoL]\rES. Xo I do not at this point in time.
Senator Mondale. Title IX applies to all education programs and
NSF, the Defense Department and other agencies should also be enforcing it. What steps have you taken to coordinate their efforts with
those of
Mr. Holmes. Yes.
have circulated a number of memoranda and
the regulations in draft form to all such agencies. The Office of Civil

;

HEW?

112
Rights at HP^iW has been delegated the lead responsibility in developing the regulations. The regulations as developed have been circulated
to all these agencies for their views and comments.
[Additional information supplied for the record follows:]
On July 27 the then-Director of the OflSice for Civil Rights, J. Stanley Pottinger,
wrote to the Otfioe of Management and Budget reiiuej^ting a delegation of authority to the Office for Civil Rights to take the lead in drafting a regulation to
implement Title IX and to coordinate that process with the other agencies. A
copy of the letter requesting the authority and the letter granting the authority
are attached as Exhibits 2 and 3.

[The exhibits referred

to follow

113

Exhibit

July 2t, 1972

Mr. Frank Carlucci

Deputy Director
Of fica of Management and Budget
17th & Pennsylvania Avenue
Washington, D. C.

Dear Mr. Carlucci:

Our office is presently in the process of developing
regulations governing the administration of Title IX
of the "Education Amendments of 1972", P.L. 92-318,
which prohibits sex discrimination in certain
Federally assisted programs. Ms. Gwendolyn Gregory,
who is the project director for the planning and
writing of regulations to administer Title IX, has
been in contact with Mr. William Boleyn of 0MB
concerning the need for coordinating the writing
and establishment of regulations or administrative
guidelines under Title IX which may arise in agencies
other than HEW. Mr. Boleyn has suggested we write
directly to you on this matter.
As you may know. Section 902 of the Education Amendments
Act provides that "each department or agency which is
anpowered to extend Federal financial assistance in any
education program or activity .. .is authorized and
directed to effectuate the provisions of Section 901...
by issuing rules, regulations, or orders of general
applicability..." This section also requires that the
President approve all such regulations.
At the present time there is no delegation of authority,
either by Executive Order or other direction, to coordinate
enforcanent of Title IX. Our first concern, therefore,
is to ensure that there is an Administrat ion-wide
promulgation of uniform and consistent regulations. In
order to ensure this result, I would like to suggest
that your office designate the Office for Civil Rights,
HEW, as the agency responsible for coordinating the
development of uniform regulations. Following this
task, it will also be helpful if your office would
delegate responsibility for coordinating Title IX

114

.t activities among departments and agencies
enforce regulation is established. Since the vast
afte.ty of education sex discrimination problems
f^a." be enforced in this office, we are inclined to
Vlieve that the coordination function should be
/iBsigned herej however, that decision need not ba
reached at this time, unless you wish to make the
assignment now.

If you are agreeable to these suggestions, I would
appreciate your designating someone to m.eet with
Ms. Gregory at the earliest possible time in order to
bring the matter to a conclusion and inform all
relevant departments and agencies of it. Ms. Gregory
can be reached at Code 13-37603.

Thanks for your assistance.

Sincerely yours,

J. Stanley Pottinger
Director, office for Civil Rights

GGregory:bkw 7/21/72

115

EXHIBIT

Executive Office of the President,
Office of Management and Budget,
Washington, D.C., August 28, 1972.
Mr.

Stanley Pottingek,

Director. Office for Civil Rights,

Department of Health, Education, find Welfare,
Washington, D.C.
Dear Mr. Pottinger In reference to your letter of July 27, I agree that uniform and consistent regulations sliould be developed to implement the provisions
of Title IX of the Education Amendments Act of 1972.
Since your Office has had extensive experience with tlie general problem of
sex discrimination in educational institutions and will have the major responsi:

bility for enforcing the provisions of Title IX. I would like you to take the lead
in the development of uniform regulations. Tliis should be done, as you suggest,
in conjunction with the other agencies having Title IX responsibility.
If I can be of further assistance, please let
know.

Sincerely,

Frank

C. Carlucci,

Deputy Director.

Senator Mondale. Do NSF, the Defense Department and others
have offices desi^ied to enforce Title IX educational programs under
their aegis?

Mr. Holmes. Each of the agencies of course has an Office of Equal
Opportunity under basically Title VI authority, and I think that
those offices within these other agencies are the ones that will address
Title IX.
Senator Moxdale. "\^niat is the name of the person in charge of
Title IX enforcement in the Defense Department?
Mr. Hol:mes.
can give you that name for the record.
Senator Moxdale. Is there a full-time person there ?
]\Ir. Holmes. I do not know if there is a
person designated solely for
Title TX. There is an office for Civil Rights to which we circulated the
Title IX regulations, and that office like our office in
has responsibility for enforcing the law.
can provide for the record the name of the head of that office.
Senator ]Moxdale. You know what I am asking. I can look that up.
I want to know whether there is anybody over there at the
present time
working on the problem. That is my question. Do you know the

HEW

answer ?
Mr. Holmes. Mr. Cooke advises me there is a Federal women's coordinator at the Department of Defense.
Senator ^NIoxdale. Is there one in NSF, do you know ?
Ms. Thoimtsox. Yes.
Senator INIoxdale. Can you find that out and submit that for the

record? In other words, it is my impression that the focus is just starting to develop in this problem, but I think it will be accelerated if
someone is in charge.

Mr. Holmes. Yes; most definitely.
[The information referred to and subsequently supplied follows :]
On September 22. 1972 the then-Director of the Office for Civil Rights, Stanley
,J.

Pottinger, sent to each of the agencies or Departments which fund education
programs and activities a letter notifying them of Title IX and asking them to
designate a person to coordinate Title IX activities. A copy of that letter is
attached as Exhibit 4.
received a communication from each of the agencies,
either by telephone or in writing, stating the name of the designated person.

116
for the National Science Foundation (NSF) is Arthur J.
Kusinski, Assistant to the General Counsel. The representative for the Department of Defense is Lt. Col. Marilyn J. Russell, Deputy Assistant Secre*:ary for
Defense (MRS) (EO). Attached as Exhibit 5 is a complete list of the designated
persons for all agencies. On October 15, 1973 I sent to each of the agencies and
departments a copy of the Title IX regulation and asked for their comments.
A copy of that letter is attached as Exhibit 6. We have received comments from
the majority of the agencies and are in the process in evaluating them. At the
request of some of the agencies, such as the Environmental Protection Agency,
representatives of the OflBce for Civil Rights have met with Washington and
Regional enforcement staff to brief them on Title IX and on the regulation.
(Exhibits 4, 5; and 6 follow )

The representative

117

Exhibit

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

^EP

2 2 1972

Jeroue fhunan
Director
of lice ot Eqtui) Opportunity
Dejmrttjent of A^rlcultur*
20250
VVi3hln£ton, P.C.
;1r.

Dear Mr.

f.hxnsau:

Our office la It: the process of devcloplr". e regulation to l-pleient
Title IX of the FditcatlfJt! <\F;sndrente of 1972 (P.L. 92-.'?l?') whicii
prohibits cex dlscrlBlnetlon In ft-Jtrnlly nasleted educrttlor. propranu
Kc4 dctivltlee.
h» you tray kjiov, Section 902 of tlic T='.'iucatlon Ax*ndr.ents of 1072
provide* that 'Keeh 7oderal dopnrtaent and ni^&ncy which i» eti^ow^rcd
to extevtd Federal financial aaslstance to ony cdiicctloc prcrrcii or
activity ... is authorized and cJlrected to effectuate the prrvlaione
cf ='ectlcn 951 fprohlbltlnj^ sc:-: dlacrlr-lnatloo} ... hv Jss-;li>. rules,
re.'-ulatlors, or crdcru of i,eneral aFpllcabillty ..."
This eoctlcn
also req«!lrc» thiit the Frcsloitsnt approve all s^-'ch rfrwl-itlons.
In order to assure ao adLlntetratlon- wlJc profulf.^tion of unlforr.
atd consletent ravulatloT>8, our office !\as Boufht direction iron, the
Office of >;«tiasefuent and Luufet to coort^lniiti? the tcvrloprent of
ref-ulatlona arong the stiwt-ral a}^encl<v8 which fund e'.U'catlon pro; rnra
and actlvltlea.
I have enclosed a copy of a letter fror- Prank
Carluccl, Deputy Director ef 0MB. requesting- this office to take the

lead In this process.

Our reeulatloD Is presently in first draft forr anJ will be sent to
you for co!sf'<er.t shortly.
I vould appreciate year desigoatlnf. soneone to weet with
Gvcntielyn
CTe'ory, who is the project director for the planning and writing of
the ref,ulation. ^[«. Grovory can be reached at code 13-37^0}. During'
the period of October 10-21 please coutact '-urton Taylor at Code 13-

3UI8.
Thank you for your assistaitea.
Sincerely yours »

{Sgirflh
OFFICE

SURNAME

S-ftasfirr ^,.ifi

oFggE f;ta^M^»^JW?tt|l*g»ei OFFICE
Direittor, bfflce for Civil S Ljchts

SURNAME

118

Exhibit

Mr. M. Stanley Kelly

Deputy Director
Equal Opportunity Programs
Agency for International Development
New State Building
2 0523
Washington, D. C.
Ms, Maxine Cade

Office of Equal Opportunity
U. S. Department of Agriculture
20250
Washington, D. C.
Mr. Gil Cordova
Office of the General Manager for EEO
U. S. Atomic Energy Commission
20545
Washington, D. C.

Mr. John B. Russell
Director of the Office of
Facilities and Operations

Cibil Aeronautics Board
1824 Connecticut Avenue, N.W.
20428
Washington, D. C.

Ms. Alice Helm

Deputy Assistant General Counsel
Department of Commerce
20230
Washington, D. C.
Lt. Col. Marilyn J. Russell
Deputy Assistant Secretary for
Defense (MRS) (EO)
Department of Defense - Room 3-B-936
20301
Washington, D. C.

Mr. Frank Kent
Director of the Human Rights

Division
Office of Economic Opportunity
1200 19th Street, NW
Washington, D. C. 20506

119
Page

Mr. Richard Murray-

Deputy General Counsel
Office of Emergency Preparedness
17th and F Street, NW - Room 215
20504
Washington, D. C.
M". Carol Thomas

Director, Office of Civil Rights
and Urban Affairs
Environmental Protection Agency
401 M Street, SW - Room 735
20460
Washington, D. C.
Ms. Josephine Trevathan

policy Coordinator
Office for Civil Rights
General Services Administration
20405
Washington, D. C.
Mr. Kenneth F. Holbert
Director, Office for Civil Rights
Department of Housing and Urban Development
20410
Washington, D. C.
Mr. William H. Hunter
Equal Opportunity Specialist
Office of the Secretary
Office for Equal Opportunity, Title VI
U. S. Department of the Interior - Room 1345
19th and Constitution Avenue, NW.
20240
Washington, D. C.
Mr. Winifred Dun ton

Attorney Advisor
Law Enforcement Assistance Administration of Justice
Indian Building
Department of Justice
20530
Washington, D. C.
Mr. Arthur A. Chapin

Director, Office of Equal
Employment Opportunity
Department of Labor - Room 7415
20210
Washington, D. C.

120
Page

Mr. Lawrence Vogel

Mr. Odell Vaughn

Civil Rights Coordinator
National Aeronautics and Space
Administration
20546
Washington, D. C.

Chief Benefits Director
Veterans Administration
810 Vermont Avenue, NW
20420
Washington, D. C.

Mr. Joseph R; Schurman
Associate General Counsel (Humanities)
National Foundation on the Arts
and the Humanities

1800 G Street, NW.
20505
Washington, D. C.
Mr. Arthur J. Ku sin ski
Assistant to the General Counsel
National Science Foundation

1800 G Street, NW.
Washington, D. C. 20550
Mr. Arnold Feldman
Deputy Director for Compliance
Small Business Administration
1441 L Street, NW
20416
Washington, D. C.
Ms. Gladys Rogers

Special Assistant for Womens Affairs to the
Deputy Under Secretary for Management
Department of State - Room 4253'
20520
Washington, D. C.
Mr. Jim Burroughs
Administrative Audit
Division of Personnel
Tennessee Valley Authority
Knoxville, Tennessee 37902
Mr. John Frazier

Director
Office for Civil Rights
Department of Transportation
20590
Washington, D. C.

121

Exhibit

DEPARTMENT OF HEALTH. EDUCATION, AND WELFARE
OCT

5 1973

Mr. M. Stanley Kelly

Deputy Director
Tqual Opportunity ProRrajna
Agency for Int*»matlonnl Developnpnt
few StntP Tlullillnp
20523
V'ashlnf.ton, n.C.
Dear Mr. ICelly:
I have encloseti a copy of a draft Regulation vhlrh 1b helnr circulated
within the department for cocimcnts and will then he aent to the
I would appreciate your aen'llnp ne your agency's corrreTits
Secretary.
hy Koverober 2
.

^Ince the President must approve the "epulatlon prior to Its first
puhllcatlon, we would lH'o to have the benefit of vonr conmonts prior
to our gcndlnp It to tlie White ''ouso.
If you have any J^iestlons, please contact (Twendol'ni Orepory on
962-1801.

Plncerely yours.
,Scdi peter

E.Ho^-^^<

Peter K. Holmes
Director
Office for Civil Plfhta
'^ncloBure

OFncf

122
task force report women conthe (xS-l-^ level or above in
at
of
peisonnel
percent
of Civil Riohts. Has this changed in the last year, and, if

ScJicitor jNToxdatj:.

stituted only

the

office

At the time of the

ll.C)

how mnch?

so,

Mr. Sauxdkks. T think that is a mixed pictnre. Senator. There has
been some improvement in some giades. but overall it does not look
o'ood. For example, while we have some statistics here, since 1970 the
percentage of women of the gi-oup in grades 16 and above has gone

from 4 percent

to 11.4 percent.

Senator Moxdat.k. T)o yon have a figure that is the same for the 11.0
pei-cent figure? In othei' words, your ivport said in grades GS-IS or
above there were only 11.6 percent women a year ago. What is the
comparable percentage today ? Do you have that?
Mr. Saunders. I do not.
Ms. Thompson. We have statistics worked in a diffeient way for
GS-13 through 15 and above and from a statistical basis I would say
we have not impro^'ed. We have fewer women in those grades, GS-1?)

and above.
Senator IMondale. So it is probably the case that the percentage figis lower?
Ms. TiioMi'Sox. I would think so, but I can furnish it to you.
[The information referi-ed to and subsequently supplied follows:]

ure

Attached as Exhibit 7 is a summary of the employees of the Office for Civil
Rights by race and sex as of September 30, 1973. Of the 201 total figure for employment of GS-13's and above, 21 are females which constitutes only 10.4%.
However, OE's percentage was 18.3% when the Task Force report was written
and is still 18.3%.

[Exhibit No. 7 follows:]
EXHIBIT

OFFICE FOR CIVIL RIGHTS HEADQUARTERS & REGIONS ON BOARD AS OF SEPT.
Male

Female
Spanish
sur-

Grade

18
17
16
15
14
13
12
11

10
9.
8.
7.
6.
5.
4.
3.
2.
1.

Black

White

named

American OrienIndian

30, 1973

tal

Total

Black

White

Spanish

Ameri-

sur-

can
Indian

named

Grand

Oriental

Total

total

123

Does the

Office of Civil

IX?

Rights have enough

Mr. Holmes. Not presently, Senator.

staff to enforce Title

We received

in tlie

supplemen-

appropriations a total of 18 additional jjositions for Title IX. We
have in fiscal 1974 appropriations, which is currently coming through
the legislative process, 165 additional staff to our office, approximately
50 persons in the higher education area, and oO in the elementary and
secondary education area.
The majority, I think, of that number will be working with Title
IX. I might mention in that connection that we want, from an enforcement standpoint to incorporate Title IX enforcement with our basic
Title VI reviews, and therefore people may be designated or man-years
designated for both statutes.
You will find our investigators enforcing both Title VI and Title

tal

IX.
Senator Mondale. Can you tell us whether you get all the staff' you
request for Title IX enforcement?
Mr. Holmes. Yes.
Senator Mondale.
much are you spending now annually in
Title IX enforcement?
Mr. Holmes. There are 18 peoj^le that we received from the supplemental ap]:)ropriations, Senator, for Title IX enforcement. Of course
more than 1 8 people are involved in the Title IX work right now, even
though the regulations have not been finally published.
Senator Mondale. Do you feel that you have a staff now to do the

How

Mr. Holmes. I think with the additional 165 in fiscal 1974 appropriwe will know better after getting them on board and training
them whether we have enough or not.
Senator Mondale. In the task force report it was shown that a number of OE and NIE career education publications appeared to show
sex bias women working as nurses, men as doctors, men as the superation

—

visors, et cetera.

has funded the development of an extremely
The report said
sex-biased career guidance test as part of career guidance.
There is a film which shows women in limited and stereotyped female occupation roles and sex stereotyping is evident.
Have these materials been withdrawn from distribution?
What is happening to those documents?

Mr. Saunders. The film was withdrawn from circulation.
great
to make
deal of work has been done by the public affairs office of
sure that some of these sex biases do not appear in future publica-

tions.

Senator Mondale. Is anyone on your panel familiar with that part
of the task force report?
Mr. RiEDER. Yes, I am.

Senator Mondale. Could you tell us where you are on that?
Ms. RiEDER. The specific project at Johns Plopkins University is not
being funded this year. We have a major studj^ that has been initiated on sex bias and sex fairness in career guidance counseling,
changes in curriculum. This is under the Ohio State University contract. So w^e have made changes in every one of these.

124

Do you think that the criticism of the task force
bears some validity, however?
Ms. RiEDER. Yes, I think so. I think one of the major problems
though is really getting at a definition in career guidance and counseling material as to what is sex bias and w^hat is sex fairness. This is
what we hope to come up with within 2 or 3 months.
Senator Mondale. How much would it cost to conduct a Colemantype study on sex discrimination ? Do you think such a study would
be worthwhile?
Mr. Saunders. NIE is planning qtiite a major study. I had better
turn the microphone over to Corrie.
Ms. RiEDER.
have proposed to conduct about a $500,000 study to
both collect and improve our data base on women in education and
also to begin developing some promising interventions. To do a Coleman-type study I think would be on the order of several million
Senator Mondale.

report

still

dollars.

Would that be valuable, in your opinion? You
seen the testimony we received at our last hearing in which
some of the organizations interested in this field felt there was much
that we needed to do in terms of basic data and material and information on sex discrimination that can only be developed by this type of
Senator Mondale.

may have

effort.

Ms. Rieder. It is questionable. I think what we really have to do
to mine our 1970 census for data on career patterns, employment

patterns, et cetera, of women.
If you were to speak to Jim Coleman now^, I think you would find he
questions whether, given our level of statistical techniques, more
studies like that are necessary or whether we need to get small kinds
of studies, microstudies.
I think it is a question now of whether we should be spending several million dollars to get a Coleman-like report or whether we know
enough, and what we really need are some specific interventions.
done to inform individual
Senator Mondale. What has
women of their rights under Title IX? Are there any efforts along
that way?
have issued a number of memoranda,
Mr. Holmes. Yes, Senator.
have asked those in higher
as the statement mentioned to you.
educational institutions and also in elementary and secondary institutions to insure that policies contained in Title IX be disseminated
among faculty and student bodies.
Also we have developed a poster that has been very popular and has
been widely circulated among both elementary and secondary schools
and higher education institutions on the issue of sex discrimination
in employment, as well as the treatment of students.
Mr. Saunders. I might add, Senator, that the OfRce of Education
has published an article on the subject of Title IX in American Education last fall, one o,f the recent issues.

HEW

Senator Mondale. Could you have someone on your staff who has
worked with this task force, which I think is most impressive, give us
an updating on what has happened in each area of recommendations ?
Mr. Saunders. Yes.
Senator Mondale. I w^ould like a point-by-point breakdown for example in personnel, administration, education, salaries, and the rest,

125

we can have a quick checklist of what kind of progress has been
made in each of the recommendations of this task force.

Mr. Saunders. We have a report on each action, on every action
taken by the Office of Education on each recommendation of the task
force. I will ask for an overall summary o,f what has been done.
These are commitments which the Office has just made within the
last few months.
Ms. Thompson. At this point we have primarily just begun the
groundwork. Very few of the recommendations have been implemented per se. Most of the bureaus and divisions have appointed either
a task force or individuals to work on implementation.
The primary holdback has been establishing the Women's Action
Office since that office will be responsible for monitoring the various
recommendations, as well as keeping up with the activities of other
bureaus and responsible people.
We have also started developing materials with standard clauses
similar to the Title VI message, that is, nondiscrimination relative
to sex.

Mr. Saunders. I would like to submit for the record the detailed
statement of the Office of Education response to the task force
recommendations.
Senator Mondale. I would like to have kind of a layman's response
to a checklist of criticisms found in the task force. For example, if it
were 11.6 in GS-13 and above a year ago, what is it today? That way
we can find out whether we are going up or down or whether they are
being paid more or less. That is a simple statistical thing, it seems to
me. I feel you could have that kind of survey for us, so that we could
put that in the record.
Mr. Saunders. We can get that for you.
[Information referred to may be found on p. 149.]
Senator Mondale. I understand Holly Knox, who is here with you
today, was the chairwoman of the Commissioner's Task Force on
Women and Education.
Ms. Knox. Yes.
Senator Mondale. Maybe you can help on that.
]Ms. Knox. The task force study covered a
very broad range of areas.
Employment, although that is maybe the key to getting everything
else done, was tangential. Actually^ we were asked to look at OE
programs and the problems women have under those programs.
We did deal with employment because we felt it was key to long-

term program policy changes. However, the recommendations dealt
solely with program problems and getting changes in policies.
Senator Mondale. For example, day care should be an allowed cost
in order to serve people in the
childbearing age?

Ms. Knox. OE has rejected that recommendation, and NIE
accepted
in an altered form.
Senator Mondale. What does NIE want to do ?
Ms. Eieder. Instead of using the phrase
"day care," we would prefer
to use the phrase "child care." We feel that funds should be available
for various forms of child
care, not just day care. We are working
on it right now.

126
Soriator Mondale. ^Yho are yon talking to ?
Ms. Etedeij. "We have mainly had in-house discussions on wliether
we do provide fnnds for research and training in that area.
Senator Mondale. Research ?
Ms. RiEDEK. Yes.
Senator Mondale. We are having quite a fight witli tliis administration right now. They want to deny day-care services for any mothers
who are near welfare and need day care to have a job. I gather that is
the sort of thing this task force is talking about.
Ms. Knox. Bight. We were talking about day-care services for
women or men who are being trained in OE programs, such as fellowship programs, manpower programs, and such.
Senator Mondaee. I see.
Ms. Knox. We were concerned with the need to enable more women
to get into those programs, so we keyed onr day-care recommendation

HEW training programs in edu-

to encouraging their participation in
cation.
Senator Mondale. Good luck. If you
on that, I would appreciate it.

can get

me some

information

Senator Stafford.
Senator Stafford. Thank you, Mr. Chairman. I have just a few
questions.
One I believe would be for Mr. Saunders. As a practical matter
how far down into this Nation's public school systems does
reach to insure nondiscrimination in all education programs in which
the Federal Government has a statutory role ?
will be reaching the entire public educational
Mr. Saunders.

HEW

system with the publication of the regulations. We have very normal
and regular channels through the States, the chief State school officers,
superintendents of the school systems of this country, to inform them
of the regulations and the requirements.

Mr. Holmes. Senator Stafford, if I may respond to your question,
with the Office for Civil Rights. From the enforcement standpoint it is a multifaceted problem, the problem of sex discrimination
I

at every level of education.
in our basic enforcement program under the regulations, as well
as under Title VI of the Civil Rights Act of 1964, do conduct investigations at the elementary and secondary education level, and that is what
we will be continuing to do under Title IX.

Then you have the question of the program funded by the Office
of Education and the work that is being done and the research in that
area to create greater awareness and sensitivity to many of these issues.
So it is a multifaceted problem, and it does reach every level of the
education system.
Senator Mondale. Do you expect it will be reaching into the areas
that Ms. King described this morning in her prepared statement, that
is the imbalance in
participation in sports, for example, that currently
exists

Her statement brought out

quite vividly this imbalance.

Mr. Holmes. Yes, that is very much a part of the Title IX coverage.
Senator Mondale. One additional question which may be a little
repetitious, but I would still like to clarify it. With the NIE appro-

127
priations cut from $130 million in fiscal year 1973 to $75 million in fiscal year 1974, assuming the conference report does get adopted, what
will the effect of this be on NIE research and development activities
related to women ?
Mr. Saunders. It will be ongoing, but we obviously will not be able
to do as much as we had hoped to do.
INIs. EiEDER. Since receiving that figure the staff
people in the Institute have been reordering NIE's plans and priorities to present to
the National Council on Educational Research which will be meeting
in December. As the Institute's policymaking body, the Council will
decide how the $75 million will be allocated. As you know, funds for
research on women amounted to 2 percent of our program budget in
fiscal year 1973. I am hoping in fiscal year 1974 that NIE will be able
to keep the figure at $2 million.
Senator INIoxdale. You mean tliey might cut it ?
]\Is. RiEDER. The budget, as
you know, has been reduced from $130
million to $75 million.
Senator Mondale. What did you get last year, $2 million ?
Ms. RiEDER. $2 million, and I am hoping NIE will keep the same
figure or increase it.
Senator Moxdale. They are not thinking of cutting the money, are

they

"Well, we have had a substantial cutback, something in
order of 50 percent, and there are many other program areas such
as the disadvantaged competing for these funds.
Senator Stafford. Thank you very much.
Senator Mondale. Here we go again. We have gone through this
with child abuse. We have gone througli it in childcare, in sudden infant death. Are we going to have a situation here where the administration takes the position absolutely no funds are needed? Then we try
to pass sometliing, the President vetoes it, and everybody gets bitter.
Can we sit down in this new spirit of detente we get along with the
Russians and the Chinese and the Arabs we ought to be able to sit
down and work up a bill here instead of having this ridiculous posi-

Ms. RiEDER.

tlie

—

HEW

tion where
responds administratively to try to head off a bill
for whatever reasons you have over there.
are willing to bend and to compromise if you are, and then we
can work out of this thing together. It should help you in your stated
objective of trying to achieve justice for women, and it avoids the folly
of us just giving into another match here in which no one can win.
Mr. Saunders. I would certainly hope we could avoid that kind of
confrontation. Senator. I do think that legislation is premature at this

point.

Senator Mondale. In other words, your position is no legislation,
and that is your compromise.
Mr. Saunders. No.
Senator ]Mondale. Would you accept legislation of any kind ?
Mr. Saunders. I think our testimony shows we are moving, we have
made commitments to move in this area, and I think before the Congress decides what needs to be legislated, in fairness we need to have a
chance to put some of these commitments into effect that we have already made.
period,

128
Senator Mondale. I am very impressed by the task force. But just
as in those other fields we find that the administration acts usually
after we have introduced a bill. When it looks as if we are ready to
pass a bill, then they try to head us off.
Mr, Saunders. I think in this case our movement has been before the
legislation appeared.

Senator Mondale. About a year ago this bill was introduced in the
House.
Mr. Saunders. Secretary Eichardson started this 2 years ago as far
as the department is concerned.
Senator Mondale. The task force, that is right.
Mr. Saunders. We have had a 6-month study. We have had some
months to look at the results of that study, and as a result we have
substantial commitments which are highly significant I
think for Division of Education programs.
We cannot claim we have fulfilled those commitments. We are
just starting on them, but I think we deserve a chance to see whether
we can fulfill those commitments before further requirements are

made very

legislated.

Senator Mondale. Certainly some things have happened, but it is
going both ways. You have fewer women in higher professional status
today than you did when the report came out. A year has gone by,
and you still have no regulations issued on Title IX. You just talked
about the marvelous progress that is being made in day care nothing.
This is the kind of fight we are going to get into, who is at fault,
the administration or the Congress, and I say everybody loses in that
kind of fight.
That is why I asked you whether you felt we could sit down and
work out a bill. I gather your answer is "No."
Mr. Saunders. I hate to put it that way, Senator, because I think
we are working toward the same objectives.
Senator Mondale, Is your answer "No?" I gather it is.
Mr. Saunders. My answer is that we are trying to do the same kind
of things this bill would have us do, and that we believe we can demonstrate that we can do without legislation.
Senator Mondale. If this bill helps to do what you want to do, why
do you not support it?
Mr. Saunders, If we can do it without legislation, why do we
need it?
Senator Stafford, Mr. Chairman, in the same spirit of the time you
have mentioned maybe we could ask the Secretary of State if he could

—

not intervene here ? [Laughter.]
Senator Mondale. You know it is interesting. Every time the Defense Secretary comes up here he always wants it right now, and
every time we have a representative from HEW, whether it is health
or education or housing or discrimination, they never want anything
they always want less than they liad last year.
Is there any chance we could get someone over there who is as inter;

ested in people as say Schlesinger is in arms ?
Mr. Saunders. I think we are very much interested in getting legislation which would simplify the whole approach to Federal education
programs so we can meet problems more effectively.

129
Senator Mondale. You have given me my answer. Thank you very
much.
Our next witness is Barbara Greene Kilberg of the National Women's Political Caucus, who is vice president of academic affairs, Moimt

Vernon

College.

You may proceed.

STATEMENT OF BARBARA GREENE KILBERG, VICE CHAIRPERSON
OE THE NATIONAL WOMEN'S POLITICAL CAUCUS
Ms. KiLBERG. Senator, I am Barbara Greene Kilberg, vice president of the National Women's Political Caucus and vice president for
academic affairs at Mount Vernon College in the District of Columbia.
I would like to digress just for a minute from my prepared statement to say I also happen to be a member of Secretary Weinberger's
Committee on the Rights and Responsibilities for Women, and I think
normally I am a very reasonable and cooperative individual, but I left
this liearing room when I heard that the advisory committee had been

consulted.

The advisory committee has not been consulted.
To the best of my recollection, we have talked with Congresswoman
Mink individually and in groups. We did not ever take a vote on it in
the committee itself. I do not think we ever felt it necessary to, because

HEW

doubt anv of us dreamed
was against it.
The advisory committee is not against this bill. Although I cannot
speak for them, I believe most of the members of the advisory commitI

would be in favor of it.
There is plenty of work ro be done at HEW, and we would love to
help any committee that Avould be dealing with that.
I think it should be noted that Avhile we have had some success at
HEW. we have also had a lot of problems, and the task force recommendations to the Office of Education is one of the best reports I have
ever seen. It was very well done, and it was done with all good faith
and sincerity.
It also should be noted there were a lot of problems getting that
report implemented. What we found as members of the advisory committee in dealing with
is you really do need as much clout as
you can possibly get, and I do not think a categorical program dealing
with women's educational equity is out of line.
Eacli and eve it time, it has always been a fight to get women contee

HEW

sidered as a separate entit}^ within a department. The fact is we are a
separate entit}'. As we have seen in relation to other minorities, when
there has l^een discrimination, preferential treatment to remedy the
effects of pa.-t discriiirmation is not unconstitutional, it is not bad, and
T think it is necessary at this point.
Senator jSIoxdale. You may have heard Mr. Saunders say that they
are making the full effort right now, and no ]f>oi'^l
v^eded.
"^^^ould you agree with that ?
Ms. Kii.BERG. No. I think new legislation is need'
ot ques'at is a fact.
tioning anybody's good faith, but I do bel'
'

•

The Secretary
That

originally promised w*- w<.

just continuously iiappened,
a very special priority for women i n

July.

and I

HEW.

..,ivc tlie »-egulations in
tliink there is a need for

130

We liavc been throu<>:]i tliis so many times in
other fields. It is the same litany that we heard this mornino-:
We arc acting.
Usually, the actions have occurred within the 3 weeks before the
hearings were scheduled. If we want to hold monthly hearings, maybe
we could get something done. That is why we want legislation.
Ms. KiLBERG. As a member of the advisory committee, it is my imhas tried to make progress continually. However,
pression that
I think they need help. I would not want to characterize their efforts
as those made jiist before a hearing.
Senator Moxdale.

many

HEW

I will go back to my testimony.
I appreciate this opportunity to testify on behalf of the caucus in
support of S. 2518, the Women's Educational Equity Act, introduced
in the Senate by Senator Mondale. This bill is identical to H.R. 208,
which has been introduced in the House of Representatives by Con-

gresswoman Mink. We commend and thank Senator Mondale and
Congressman Mink for their leadership in directing congressional attention to the pervasive problems caused by discrimination against

women in the educational

systems of America.

believe that there is a sexual ti'ack system in our schools that
directs women from the outset to anticipate second-class status in the
economic and sociopolitical mainstreams of our country. The myth
of sexual stereotypes is perpetuated in many ways.
It starts in the educational "play programs" of the preschool years.
It continues in the most basic primers and texts which i-einforce the
traditional and female roles along with the three R's, teaching our
children, both directly and subtly, that there are personality traits,
behavioral patterns, and levels of ambition and ability that are dis-

"male" or "female."
In most school textbooks, be they readers, math books or spellers
and especially those on the elementary level the female is still displayed as the dependent mother, capable only of solving minor problems and performing menial tasks. Her activities are basically those
of combing hair, helping the children make cookies, and searching for
tinctl}^

—

the dog.
the sole province of the father wdio
He is always greeted with a
ti-emendous outburst of enthusiasm because he is the one who can do
the job.
And if the female should be assigned a professional role, you can
count on it being a teacher or perhaps a nurse. Only once did I notice
in a textbook an aggressive role for a female; that was an elderly
grandmother who flew around in a small Cessna airplane.
The clear implication was that she could engage in such activity, only
because she was a grandmother who happened to have no responsibilities and thus could be irresponsible and eccentric. I would recommend
to this subcommittee a study of spelling primers used by 90 percent of
the grammar school students in this country.
The study was done by Dr. Lenore AVeitzman, who is a sociologist
at the University of California at Davis.. In addition to the "normal"
sex stereot57)ing, she found a very subtle discriminatory pattern in
the use of consonants and vowels. The consonants who were boy figures

Any major

decision or activity

strong, intelligent,

and dependable.

131

were continuously pushing, ignoring, or ordering about the vowels
who wore girl figui'os.
She sho^ved us a series of slides and pictures of the spelling. It is
really funny. They were trying to teach young kids not to conjugate
a verb but to take the verb hide, h-i-d-e, and change it to hidinir,
-i-d-i-n-g.

They had

who were the consonants pushing two girls who
and they would push them right into one, and then even-

these boys

Avere vowels,

tually right out of the picture. And I think that psychologically it
says something to a second or third grader.
Student counseling all through the school years continues the reinforcement of stereotyping rather than focusing on individual interests and potentials. The role-models that are visible to
young people
within the structure of the school itself are cues paiticularly tlie oAcrrepresentation of men in key administrative and policy positions
within the educational system. Only 1.4 percent of all high school
principals and 19. G percent of the elementary school principals are

—

women.

On the college level, women comprise 20 percent of all acadamic
personnel 43.5 percent of the instructors and only 9.4 percent of the
high-level professors. These statistics bear out the fact that the higher
one progresses through the academic hierarchy, the more male-oriented
and male-dominated becomes the raj-efied atmosphere.
The sexual track system has been outlawed by Title IX of the 1972
education amendments. I believe that the research and demonstration
funding incentives of S. 2518 will be valuable catalysts in bringing
about voluntary compliance in a number of ways. New curricula and
other educational tools are needed that explore women's roles in our
society and that explore the traditional myths of a "woman's place."
The publishing industry as well as the educational systems need in:

make badly needed changes in texts and curricula. A more
balanced approach to the motivational development and direction of
young people is needed. Specialized training of educational personnel
should stress the importance of connselirig and other forms of teacherstudent contact in influencing the life goals and ambitions of youth.
Schools must examine their own role-model potential whait are the
opportunities for female participation, advancement, and leadershij)
centives to

in the faculty? Colleges, universities, and vocational and technical
training institutions must be encouraged to provide incentives, programs, and new approaches that increase female student enrollment,
and that provide a broad range of career opportunities for women in
all fields, including those areas that have been male-dominated and exclusionary to date.

Particularly important is examination of recruitment and admission
practices that discourage women from seeking many kinds of professional training and education. Also important foi' \\ omen are programs
and services that permit class attendance during tlie years of motherhood, such as daycare facilities. The older womar. who wishes to re-

sume an education interrupted by child-rearing and family

responsi-

should be encouraged to do so. Tlie possibilities are endless.
Senator IMondai.e. We have a prograin at the University of Minnesota which uses their social services money. They are trying to get out
bilities

132
a prooTam wliicli offers to welfare mothers a chance to go to college
or on to college.
Many of these women have now graduated and gone into professional jobs. It is a marvelous program.
Ms. KiLBERG.
at Mount Vernon are a women's college, and we
would like to open courses to adult women, and one thing each and
every woman has said to us, whether from the ghetto or from the

middle or upper

classes, is "I need daycare."
It is especially vitally important in the lower socioeconomic group,
:

and they simply cannot advance Avithout daycare.
In the District of Columbia Mayor Washington
ously but daycare

fighting vigor-

being cut back.
I would like to say a word here abor.t women's colleges. Most,
is

women's colleges are small, private, and liberal arts. Our numbers
have declined by half in the last decade, from approximately 300 to
145 institutions. Mount Vernon College has made an affirmative commitment, as recently as this past August, to remain a women's institution. We are glad we made that decision and believe it was the right
one.

feel that the education of women is of special importance and
that it can be done with distinction in the educational environment of
a women's college. But I must also share with you that many of our
friends warned us about the potentially serious financial and enrollment consequences of remaining a women's institution. As the latest
Carnegie Commission report and numerous other analyses have indicated, private liberal arts colleges are in trouble and whate^^er difficulties coed colleges are having are doubled for women's colleges.
The Women's Educational Equity Act would help us in curriculum,
in career-orientation and training, in enrollment and in the precollege preparation of the students who enroll at Mount Vernon, who
would learn from the earliest age those things which would help them
develop a sense of self, a sense of pride in the potential and achievements of women of themselves.
As the drafters of the legislation have wisely acknowledged, educational opportunities exist in many forms of human experience outside
of the highly structured academic setting. Too often we foi-get that
our educational institutions are not always the reformers, but often
are the perpet.uators and trustees of prevailing social values a.nd
mores.
It is in a chauvinistic society that the sexual track system exists, not
independent of that society. S. 2518 authorizes community-based and
community-oriented education and action programs aimed at attitudinal change among those outside of the academic "catchment areas."
In the broadest sense, we hope that this means bringing new consciousness into the all-male boardrooms, hiring halls, and legislative cloakrooms, as well as into the women's coffee klatches.
The National Women's Political Caucus exists to increase women's
participation in American political life. Nowhere are women more
lacking than among the ranks of elected public officials. Women constitute only 6 percent of State legislators. There have been only three
women Governors in the history of the country. Women have never

—

133
constituted

more thcan 3.7 percent of the U.S. Congress, nor more than
mayors in tlie hirgest 1,000 U.S. cities.
is one of those aspects of American life in which sexual

4.2 peTTont of

Politics
stereotyping: remains rampant.

The cover

picture of the October 15

New Yorker magazine

illustrates all too well the prevailing role of
in politics: they stuff envelopes for male candidates, and de-

women
much

of the work of the Women's National Political Caucus, that
what most of the women are doing.
The National AVomen's Political Caucus rejects the stereotype. Our

spite
is

undergoing a political crisis that has shaken us to our very
cannot afford now, nor could we ever, the costs of ignoring
the leadership potential of our women. The need for competent, qualified candidates at all levels of participatory politics is too great.
We believe that the educational objective of S. 2518 caii do a great
deal to increase public awareness of America's greatest wasted political resource
its women. And we hope that the projects funded under
this legislation, if enacted, will be focused on the added richness women
can bring to American public life, as w^ell as to the economic and educational mainstreams of our country.
Senator jNIoxdale. Thank you very much, Ms. Kilberg, for a very
country
loots.

—

excellent statement.
I asked
whether they thought it made sense to fund what we
call a Coleman-type study in sex discrimination to provide a statistical
basis for future programing. Would you favor an amendment to this
bill requiring NIE to conduct such a study ?
If so, Avhat are some of the areas that it should include ?
]Ms. Kilberg.
study that would look into the practices
have had testimony from the National OrgaSenator Mondale.
nization of Women that they thought one of the problems was we
needed an in-depth statistical analysis of sex discrimination in education, the whole bit.
Ms. Kilberg. I think you do. I would just have one word of caution,

HEW

is that many of the women's groups we have been meeting
with have pointed out that we are shown data from this department,
data from the U.S. Census Bureau, from the Labor Department or any
other collection in terms of black men and women and Avhite men and

and that

women.

have to have data that tells us for instance what is happening
to the black woman versus the white woman. I think a study of that
would be desperately needed since the present statistics are compiled

on a combination of sex and race.
There are certain problems that a white woman in a middle
society has that are different from a black woman in a middle

class
class

or lower class society.
I frankly, anytime I testify or go to make speeches, just have
to draw from every little ]^lace I can to try to get some data, and this
use it
is very fragmentary, and I am not sure how accurate it is.
because it is all we have.
Senator Mondale. Such a statistical effort might do no more than
develop the fact that you do not have statistics which might be useful,
then when we develop the next census, try to gather data on what is

helpful.

134
Ms, KiLBERG. I believe that many people would tell you the present
census data are terribly inaccurate. INIany Puerto Rican women have
told me they believe the last census killed off a million Puerto Eicans,
and they do not know what happened to them.
I think there are indeed a lot of problems with the census.
Senator Mondale. I think the census has been very helpful, one of
the most helpful institutions in American life, but it needs to become
more sophisticated and needs to change its methods in order to give us
the data that we need.
need a lot of lead time.
Ms. KiLBERG. One point, on the advisory committee I think the exhave seen
perience of most of the women has been fairly good.
cooperation, but I think the point also is if you are going to be an
advisory committee, you must actually be asked to advise, and that
is very hard when you are dealing with a whole department of

programs.

A council of women designed to look at women's education, such as
would examine the Women's Equity Education Act, would be very
useful because they would have day to day contact and clout with
the people in the bureau or the agency that is organizing it. That is
much more effective than having an advisory committee which just
kind of takes shots at everything that comes up, because it is an almost
impossible task.
I personally as a

member strongly support this bill.
Senator Mondale. Thank you very much.
Our next witness is Margaret Stevenson, Assistant Executive Secretary for Program, National Education Association.
As always, Ms. Stevenson, we are running out of time. Could I ask
you to summarize. We will place your statement in the record as
though read.
[The statement referred

and subsequently supplied follows :]

Prepared Statement of Dr. Helen Wise, President of the National Education
Association on S. 2518, The "Women's Educational Equity Act of 1973.
Before the Subcommittee on Education of the Senate Committee on Labor
AND Public Welfare, November 9, 1973
I am Margaret Stevenson, Assistant Executive Secretary for Programs of the
National Education Association. I am here today representing NEA President
Helen D. Wise.
The National Education Association is pleased to present this statement in support of the principles contained in S. 2518, the Women's Educational Equity Act

of 1973.

of the inequities which have been present in the educaUnited States. It recognizes realistically that sex
discrimination has indeed existed but recognizes also that now, in a time of increased awareness of women's capabilities, aspirations, and prerogatives as human beings, at least some of the continuing discrimination can be attributed to
simple and correctable ignorance rather than to deliberate bad faith.
More important, though, than the acknowledgment of past ills and of current
progress is S. 2518's attempt to provide simple, workable procedures to alleviate
many of the problems which confront those people, both women and men, who are
S.

2518 addresses

tion of

women and

—

many

girls in the

—

trying in their own lives and careers to end sex discrimination.
S. 2518 can assist educational institutions in developing programs to eradicate discrimination in school practices and policies and in making all concerned
aware of subtle forms of discrimination. It will significantly help those school
governng bodies which genuinely desire to provide equality of educational opporfinantunity for women and girls, particularly since it provides some additional

135
cial assistance to develop anti-discrimination programs without cutting into the
regular school budget. It will also provide a remedy which concerned individuals

or groups can suggest to help eliminate discriminatory practices and policies perpetuated by those school governing bodies which are unwilling to begin developing programs without legal prodding.
Obviously, a first line of attack must be against sex discrimination rooted in
and perpetuated by traditional sex stereotyping, the practice of viewing certain
role.s, activities, and qualities as proper only for boys and men
aggressive, dewhile regarding others as proper only for girls and women
cisive, wage earner
submissive, supportive, homemaker. S. 2518 will encourage and assist schools
and teachers in developing programs, practices, and materials to overcome the

—

stereotypes which persist.
A second line of attack might well be against sexism the unquestioned,
unchallenged, miexamined belief that one sex is superior to the other. Sexism has
operated effectively to deny more than 51 percent of our population the opportunity to develop to their full potential. This attitude has permeated all institutions of our society. The schools, as the primary socialization tool i^reparing
children for adult roles, have served to reinforce this attitude.
If the schools are to provide for the needs of girls, they must move to open
educational opportunities beyond those that have traditionally existed. Growing
up equal is not growing up the same way, but rather is growing up with opijortunities that permit each person to develop and grow in ways that are consistent
with personal and individual values, culture, and potential. Specifically, we are
talking about the kind of equity which will, for the first time, permit and encoxirage women to move into areas which have traditionally been the exclusive
domain of men. S. 2518 will help to provide such equity.
The Council on Women's Educational Programs established by S. 2518 will
assist in coordinating national efforts to eliminate discrimination and assure
consistency of effort on a national basis. Its dissemination of reports on programs
developed under the Act can assist others in instituting tested programs and will
serve to eliminate duplication of effort.
There is no question that education associations, women's organizations, and
individual women will be increasingly pressuring educational institutions for
change. Many of these groups are already challenging educational programs.
As they become more and more aware of the legal tools to fight discrimination,
more and more challenges will result. S. 2518 will do much to eliminate the agony
of disputes over whether or not a program can or will be developed under the
regular school budget. It will also assist women's groups, education associations,
and school administrations to institute programs, and will make available advice
on program design and implementation. There is little question that program
and policy changes will be instituted, and S. 2518 will be of great value in implementing change with a minimum of antagonism.
An NEA policy, reaffirmed at our annual convention just last summer in Portland, Oregon, calls for a guarantee that women teachers will have equal opportunity for advancement to administrative positions. Clearly this means more
than the trite phrase, "equal pay for equal work." Clearly also, such truly equal
advancemant opportunities would be in the best interests of not just the individual woman who i.s promoted, but of the entire education system. It would open
up a previou.sly overlooked pool of talent, resources, and commitment. We are
pleased to note that S. 2518 would encourage such opportunity for advancement.
Another goal sought by
policy is maternity leave taken at the discretion
of the women teacher and her doctor and taken without loss of job, tenure, status
or pay in other words, maternity leave that is administratively treated just like
some other prolonged disability such as a broken leg. S. 2518 clearly would encourage such leave policies to be incorporated into teacher contracts.
Seliool ijrograms in sports and phy.^ical education have long distinguished
between boys and girls. Consider what happens to school coaches of such sports
as basketball, golf, tennis, and swimming all sports in which both boys and girls
actively participate. The men coaches of the boys' teams generally are paid for
their extracurricular duties and/or are relieved of lunchroom or busloading
supervision. On the other hand, the women coaches of the girls' teams donate
their time for coaching usually having to fight the administration for money
for incidental expenses and are still required to perform their busloading and
lunciiroom duties. We feel that S. 2518 would do a great deal to dispel the

—

NEA

—

136
liistorically made this distinction a fact of life, and could
to girls'
result in increased attention being paid and resources being allocated
sports.
Women clearly have many legal tools to fight discriminatory programs and
policies under the 14th Amendment to the U.S. Constitution, Title VII of the
Civil Ui^lits Act of 1964. Title IX of the Education Amendments of 1972, the
Equal Pay Act of 1963, and the Executive Orders which require aflirmative
action programs by government contractors. All of these provide a means of
recourse for past discriminatory practices. S. 2518 will, of course, supplement
existing legislation and orders. It provides mechanisms and resources designed
to solve problems early in the otherwise-lengthy legal processes. Hopefully such
mechanisms could lessen the antagonisms which can so often occur when legal
actions are long, drawn out, and abrasive.
But S. 2.")18 has a more i>ositive value it encourages and funds efforts to end

atmosphere which has

—

sex stereotyping and discrimination before such situations become entangled
in complicated legal proceedings.
We do not view S. 2r)l8 as a panacea. However, we do see it as a good first step
which may begin to really equalize opportunities for boys and girls, men and
women. We commend its sponsors, and stand ready to do whatever possible to
ensure its adoption.

Senator Mondale. You have heard the testimony which preceded
you. Maybe you could just point out the key points as you see them
for our purposes here this morning.

STATEMENT OF MARGARET STEVENSON, ASSISTANT EXECUTIVE
SECRETARY FOR PROGRAM, NATIONAL EDUCATION ASSOCIATION; ACCOMPANIED BY MARY CONDON GEREAU, SENIOR
LEGISLATIVE CONSULTANT, GOVERNMENT RELATIONS, NEA
Ms. Stevexsox. Thank you, Senator Mondale. I feel that much of
our testimony supports the things that have been said. I think I would

few particular sections.
"We suggest that through this bill, obviously a first line of attack
must be against sex discrimination rooted in and perpetuated by traditional sex stereotyping, the practice of viewing certain roles, activities,
and qualities as proper only for boys and men aggressive, decisive,
wage earner while regarding others as proper only for girls and
women submissive, supportive, homemaker. S. 2518 will encourage
and assist schools and teachers in developing programs, practices, and
materials to overcome the stereotypes which persist.
second line of attack might well be against sexism the unquestioned unchallenged, unexamined belief that one sex is superior to the
other. Sexism has operated effectively to deny more than 51
percent of
our population the opportunity to develop to their full potential. This
attitude has permeated all instjrutions of our society. The schools, as
the primary socialization tool preparing children for adult
roles, have
like to refer to a

—

served to reinforce this attitude.
So we feel that this bill would help us in that area.
support the Council on Women's Educational Programs which
would be established by the bill.
The Council on Women's Educational Programs established by S.
2518 will assist in coordinating national efforts to eliminate discrimination and assure consistency of effort on a national basis. Its dissemination of reports on programs
developed under the act can assist others

137

in instituting tested
of effort.

programs and

will serve to eliminate duplication

There is no question that education associations, women's organizaand individual women will be increasingly pressuring educational institutions for change. Many of these groups are already
challenging educational programs. As they become more and m.ore
aware of the legal tools to fight discrimination, more and more chal-

tions,

lenges will result.
S. 2518 will do much to eliminate the agony of disputes over whether
or not a program can or will be developed under the regular school
budget. It will also assist women's groups, education associations and
school administrations to institute programs, and will make available
advice on pi-ogram design and implementation. There is little question
that program and policy changes will be instituted, and S. 2518 will be
of great value in implementing change with a minimum of antagonism.
An
policy, reaffirmed at our annual convention just last summer in Portland, Oreg., calls for a guarantee that v\^omen teachers will
have equal opportunity for advancement to administrative positions.
Clearly this means more than the trite phrase, ''equal pay for equal

NEA

Avork." Clearl}^ also, such truly equal advancement opportunities would
be in the best interest of not just the individual woman who is promoted, but of the entire education system.
It would open up a previously overlooked pool of talent, resources,
and commitment.
are pleased to note that S. 2518 would encourage
such opportunity for advancement.
Another goal sought by
policy is maternity leave taken at the
discretion of the woman teacher and her doctor and taken without loss
of job, tenure, status or pay in other words, maternity leave that is
administratively treated just like some other prolonged disability such
as a broken leg.
I would like to make a particular comment on the sports situation
in light of our earlier discussion.
are all aware of the considerable
amount of money that goes into boys' sports, but consider what happens to school coaches of such sports as basketball, golf, tennis, and
swimming- all sports in which both boys and girls actively partici-

NEA

—

pate.

The men coaches of the boys' teams generally are paid for their
extracuriicular duties and/or are relieved of lunchroom or busloading
supervision.
On the other liand, the women coaches of the girls' teams donate
their time for coaching usually having to fight the administration
for money for incidental expenses and are still required to perform
their busloadrng and lunchroom duties.
feel that S. 2518 would do a great deal to dispel the atmosphere
which lias historically made this clistinctior. a fact of life, and could
and resources being alloresult in increased attention being paid
cated to gii'is* sports.

—

Women
grams and

cleari}
}>olicles

,!•

i.;.

under the

iegal tools to fight discriminatory proi4th Amenchnent tc the TT.S. Constitu-

tion, Title VII of the Civil TJights .\ct of 1974, Title
F(lur'>flm^ \,rp,-;rlinP7irc of 1079 <-^ - Vrvn^ Pbv Act of W^^-.

of the

nnd the

138
Executive orders which require affirmative action programs by Government contractors.
All of these provide a means of recourse ,for past discriminatory
practices. S. 2518 will, of course, supplement existing legislation and
orders. It provides mechanisms and resources designed to solve problems early in the otherwise lengthy legal processes. Hopefully such
mechanisms could lessen the antagonisms which can so often occur
when legal actions are long, drawn out, and abrasive.
I think those in a sense are the main points we brought out. We do

bill.
know it is not a panacea.
certainly commend
sponsors and we stand ready to do whatever we can to insure its
adoption.
Senator Mondale. Thank you very much for that excellent statement. Certainly the task force shows eloquently that discrimination
exists in public schools against the teachers. Although women are 67
percent of the teachers, they make up only 31 percent of the department heads, 15 percent of the principals and .6 percent of superintend-

endorse this
its

ents.

In the field of college libraries, 83 percent of the personnel are .female, 70 percent of the chief librarians are men, so that the figure is
dramatic and unarguable.
The question is whether we need this legislation or we can rely on
assurances that we have heard this morning.
Ms. Stevenson. Mary is our specialist. Senator.
Ms. Gereau. Senator, you and I know we cannot rely on them.
They do exactly what you said this morning. They get excited about
doing something when a lot of pressure is brought by women's groups
and others, and if the Congress does not quickly enact this into law

some new fancy will come along, and they will drop this and go off
in another direction.
It is obvious that they are not putting in anything close to the proper
percentage of support. If you read the list of projects that they submitted with their record, it is ridiculous. You have to really reach out
to see they are related to sex discrimination.
Senator Mondale. You know the figure in the task force report
was 11.6 percent females in grades 13 and above in the Office of Civil
Rights. You heard their answer that they are doing better. You know
they are .fudging on the figures.
Ms. Gereau. If they put one more person in, they are doing better.
Senator Mondale. That is why they did it obviously because there
are so few. I understood the comparable figure shows the reduction in
percentage of women in GS-13. That is what they have done. I think
that speaks more eloquently than this action force that they are going
to set up sometime from now.
I am very suspicious because I have been through it, as you have,
so many times. You deal with the politics. They try to head off legislation so they can go on and do what they want to do.
Both you and I know they have spent 5 years doing everything
they can to cut money off on day care, to eliminate standards so these
children aie properly cared for where day care is provided, and right
now we art', in the middle of a bitter fight with this administration to
keep money in day care and to keep any kind of standards. Whether

139
it is with title I, you just name it, anything dealing with education
shows discrimination.
That is why I was hoping maybe we could just sit down and have
some sense of coequality here between the executive branch and the
Congress and work out a bill. But as I heard this morning, they do
not want anything.
Ms. Gereau. Senator, I think you put your finger on it when you

HEW

that they
said full e({uality. I detect in this administration in
can run the country by edict, and they do not need the Congress to

help them do it.
We feel, hopefully, this bill will pass and be funded. If it is not
funded in the amount that is very reasonably requested in the bill, it
still would be funded to some point, but the important thing is that
the Congress of the United States would have spoken to this problem.
I do not want just the administration speaking to it. I want the Congress speaking to it. They represent the people in this country, and this
is the thing 'hat is important philosophically and psychologically for
the people.
have to straighten these men out and let them know
that little girls are important, too.
I understood Billie Jean King's point when she said it should not
say the Women's Equity Act. I think it has to say that, but this bill

important to boys and men as well as to girls and women. Little boys
should be allowed to cry in first grade when they skin their knees. It
does damaging things to the child psychologically, and yet they are
taught by daddy at home, "Don't be a sissy you can't cry."
I still remember one of the great pictures I have seen in my life, and
I think we all remember the picture of the Frenchmen when the Geris

;

mans were marching into Paris. American men are taught that they
cannot show em^otions, and I think this is what brings on a lot of
ulcers.

So eliminating sex stereotypes does not just benefit girls; it is going
going to let them be artists with pride and
not be called sissies by the rest of the kids. This is a very important
to benefit little boys. It is

point.

Senator INIoxdale. Mary, I understand you are leaving. That is a
terrible loss to us. You have been one of the great strengths for all of
us in the 9 years I have been in the Senate, and I understand you are
going with a union.
I personally owe you an enormous amount of debt and

appreciation
for not only your contributions in terms of the
issues, but more than
that the emotion and the strength that you have put behind these
are going to miss you, and we hope that the union will let
fights.
you continue your efforts.
Ms. Gereau. Senator, I am going with the National Treasury Employees Union. They are one of the four groups, a coalition with NEA,
and I have an understanding with them that I will continue my in-

Indian education and in women's equity.
Senator Mondale. And in anything else.
Ms. Gereau. I am not going to forget anything I have learned in
16 years. People say, how can you leave the NEA, a
socially conscious

terest in

issue like education, and
go to work for what is basically the Internal
Revenue employees? :My reply is, if I can help to keep the Internal

140

Revenue employees happy, then I think I am doing something for the
will be happy, too.
country because the American people
Senator INIoNDAnK. T tliink we can say what is good for the Treasury
good for the country. Thank you.
Dr. Janet Heddesheimer, assistant professor
of education, George Washington ITnivcrsity, representing the American Personnel and Guidance Association. We arc very pleased to have
will place
you her-e this morning. We are in a serious time bind. We
your statement in the record as though read, and perhaps you can
extemporaneously indicate the points that you think ought to be made.
employees

Our

final witness is

JANET HEBBESHEIMEE, ASSISTANT PROFESGEORGE WASHINGTON UNIVERSITY,
REPRESENTING THE AMERICAN PERSONNEL AND GUIDANCE

STATEMENT OF
SOR

DE.

EDUCATION,

ASSOCIATION
all, Senator Mondale, I would like to
be
here
I
am
to
today and have an opportunity to
pleased
say
Act.
testify in support of this bill, the Women's Educational Equity

Ms. Heddesheimer. First ox

how

The American Persomiel and Guidance Association has gone on
record in support of this bill, in support of the House bill, and will
continue our support of this bill.
We are very proud of our record in the area of women's concerns.
One of our commitments has been to facilitate the developmental
process in girls through the work of our divisions and committees.
I have provided the committee with a number of publications we have
done through the years, and I hope you will find them of some use.
Senator Mondale. Thank you. I will be interested in reading them.
INIr. HEFiDEsiiEiMER. Last year we were honor-ed with the presence of
Congresswoman Mink at our national convention, and Ave have invited
you to attend, Senator, and we hope you will find time in your busy
schedule to come and be with us.
Senator Mondale. Where is it being held ?
Ms. Heddesheimer. In New^ Orleans, Senator.
We feel that the issue of sex discrimination has been well established
through the hearings you liave had on this side as Avell as on the House
side, and I do not want to spend a great deal of time going into that
today.

Our concern as counselors is directed toward enabling women to
take advantage of the options open to them.
believe that even if all
discrimination were to end tomorrow, nothing would drastically
change. The majority of women are still electing to train in a small
mimber of occupations. A study has indicated that fewer than 5 percent of all professional women fill those ];ositions which to most Americans connote j>rofessions physician, lawyer, judge, ejigineer, scientist,
editor, reporter, college president or professor.
The inajority of the otlieis are eitlier no7K"oll(>ge teacliers or nurses.
In order to place wojuen iu male-dominated occupations, there iruist be
a bank of trained females to draw upon. For too many i)rofessions
that pool is limited or nonexistent
Woiiion wishing to enter nonir'adiuona.' positions are severely iiandicapped hv rjoisi.*-^ ;i« tr, A''.o!l.i-r ^hay could be successful. Some of the

141

problems handicappiiifj -women as they strive to move into these occupations are lack of trainin^f, resistance from family, conflict of values,
jreoo;raphic immobility, and sex-role stereotyping.
The most disturbino; aspect of these liandicaps is that many of them
are emotional problems of women such as lack of motivation, fear of
failure, and limited self-confidence. What is even more disturbing is
that this self-defeating behavior is developed in girls at a young age.
Our research suggests that by kindergarten girls are accepting for
themselves sexually stereotyped occupations with limited vocational
aspirations.
T think this has been liiglilighted repeatedly during the hearings
today. I would like to, if I may. read to you a quotation which appears
in
prepared statement which I think illustrates very clearly Avhat
I am talking about.
It is fi-equently ai-gued that a 21-yeaj--old woman is perfectly free
to choose a career if she cares to do so. Xo one is standing in her way.
But tliis argument conveniently ovei'looks the fact tliat our society has
spent 20 long years carefully marking the woman's ballot for her. and
so it has nothing to lose in that 21st year by pretending to let her cast
it for the alternative of her choice.
Society has controlled not her alternatives, but her motivation to choose any but one of those alternatives. The so-called freedom to choose is illusory, and it cannot be invoked to justify the society which controls the motivation to choose.
I think that is one of the themes that I tried to bring out in my testi-

mony.

oider for educational efforts aimed at widening girls'
to be successful, a counseling component is necessary. Counselors can assist in helping women to see their potential
and to make full use of their talent. They can also furnish them with
information on increasing opportunities that do exist in the work
feel tliat in

and women's horizons

world foi- women.
In addition to increased and improved counseling services, upgraded counselor education programs are necessary.
So tliat counselors can work successfully with girls and women over
the lifespan, they must first be well informed and reexamine their
own biases and concepts of the occupational role of women. Dr. William Bingliam, associate professor of educational psychology in the
Graduate School of Education, Rutgers University, studied the extent
to which counselors are accurately informed about women and work

and examined counselors' attitudes toward workingwomen.
The data indicated that some counselors are misinformed and that
there are notable sex differences in information. Generally, the counselor's in tlie study expressed more positive than negative attitudes toward women and woi-k. Dr. Bingham said
:

In some respects, their attitudes were less clearly defined than was expected.
Such lack of definition may leave some clients, especially girls, with feelings of
uncertainty about where they stand with their counselors.

a recent conversation

APGA

Commission on

Lynn Hahn, chairwoman of the
and chairwoman of the Department

with Dr.

Women

of Counselor Education, California State University, Sacramento,
Calif., she strongly emphasized this need to expand counselor education programs to include infonnation on counseling girls and women.

142
University courses and in-service programs for counselors in the
keeping abreast of the rapid
changes in the labor market and the increased opportunities for women
are essential. Another important element in such training programs
are activities that focus on value and attitude change in counselors
who have an outmoded view of the role of women in our society.
Unfortunately many of the counselors in the field, men as well as
women, are burdened with their own sex role stereotypes and find it

field desif^ned to assist counselors in

very

difficult to

help girls in breaking

down

these sex role stereotypes.

We do feel strongly that more programs are needed, in-service train-

ing programs for counselors in the field to break down sex role stereotyping, and also to make women aware of the constantly new information that is coming out in terms of the wide range of opportunities that
are available for girls and women. It takes active efforts to keep up
with this constant influx of new information.
are very much in support of the bill, as I said. ITnlike HI-CW, we
feel it is not a narrow categorical program but a broad-based program
w^hich cuts across the educational community.
I would like to say one final thing, that even though we feel strongly
that counselor education and in-service programs need to be upgraded,
we also feel at the same time that there are a number of ongoing programs which are effectively working, and many of our counselors are
extremely effective, and we are proud of their efforts in this area.
Both Dr. McDonough and I would be very pleased to answer any

may have today.
Senator Mondale. Thank you vei-y much for an excellent statement.
You represent the guidance counselors in the educational system, and
they have come under some pretty heavy attacks from women who
say they were directed only into women's occupations and were not
encouraged to seriously consider fields such as medicine and law. Do
you think tliese criticisms are justified?
Ms. Heddesheimer. As I stated earlier, T think in far too many cases
they are justified, but I think the old axiom stands, that fre((uently the
questions you

weak programs or the

inefToctivc

the publicity, and the counselors
not heard about.

programs are the ones that receive
are doijig a commendable job are

who

Senator Moxdale. Are most guidance counselors male or female?
Ms. Heddesheimer. I think it depends on the setting.
Senator Mondale. Do you have any information on that?
Ms. Heddesheimer. I do not have.
Dr. McDoNOTifsH. Senator, we can say this, that in the beginning
part of our testimony in terms of our association, we have sex as an
optional item, just as race will be.

have about 9,000 members who are women out of 38,000 memAs I say, it is an optional item.
I think in terms of the i)rofession, Janet is right, that it probably
depends upon the setting. We do have generalized statistics, but we
do not have it broken doAvn for the N^ation, men and women, in all
elementary and secondary settings. I guess the answer to that is. "No.''
Sentitor Mondale. Thank you very much. I would like to note that
the American Federation of Teachers has submitted a statement to
the subcommJttee on S. 2518, and to include it in the appendix to the
record of this hearing. The subcommittee stands in recess.
[At 12 :15 p.m., the subcommittee recessed.]

bership.

APPENDIX

STATEMENTS
Statement of Marjorie Stern, Chairwoman, Women's Rights Committee

On behalf of the American Federation of Teachers, AFL-CIO, I wish to thank
the Senate Subcommittee on P^diication for tlie opportunity of makinj; this
statement in support of the
of 1978. jNIy name is Marjorie Stern and I am
Cliairwoman of tlie Women's Kiglits Committee of tlie teachers' union. As a
teaclier of social studies, home-making, and parent education, I am particularly
aware of the delimitin.ir roles of women, and moreover the structured education
of sirls and younj; women in the public educational system.
Our organization, devoted to championing the causes of teacher and student
welfare and giving teachers a voice in making educational policy, has long stood
for equality in education for all, male or female, regardless of race, creed, color,
political pursuasi(m, or national origin. In the past several years, our union has
been active in examining the role of women in society and in school, and we
have developed national polic.v in behalf of raising the status of women, and
we have worked to implement it nationally and through local union programs.
For far too long the role of women in American societ.v has been viewed as
servile and decorative, while at the same time reality has dictated that from
whatever class, they are exploited bodily and psychologically. From the founding
of our nation, with its many and diverse cultural strains, women have been
placed in the smiling workhorse role of second class citizens. Now in the latter
half of the 20th centur.v, with medical science and technology lengthening their
lives, shortening their options on childbearing and child rearing, and expanding
their employment and educational horizons to meet those en.ioyed by men, the
United States has the chance to undertake the improvements women need for
equal status and opportunity with men.
Xo one succeeds without some education in this massive, complex society, and
women are no exception. Xo class or group suffers more from lack of education
itself, from knowledge of what it means to be really free of stereot.vped roles,
which are subservient, limited, dependent, and not fully adult. With this country's
still great public education system, supplemented by its fine private schools, and
with a will to uplift and change women's status in society to meet their potential,
the Women's Educational Equity Act can be our nation's commitment to the
present and future of over half its citizens.
If we have agonized for the past several years over the personal problems, job
inequities, inadequate utilization of intelligence and talent of women, it should
be our serious commitment to do something jiractical and far-reaching about it.
and now. Passage of this Act would provide not only the funds, and the personnel
to carr.v out this goal, but would gladden the lives of teachers and students who
have seen the problems but had no way of Implementing change except on a
private, personal basis. Now as a matter of public polic.v funds for change and
official commitment could be made available. We wi.sh to support the aims and
of 1973 which coincide with AFT policy resolutions,
programs of the
man.v of which we find a perfect match to our beliefs and hopes for programs

WEEA

and

action.

committee, composed nationally of teachers from every region of
the U.S. and representing the several levels of education, has for several years
struggled with the gargantuan problem of implementing our dream of an Ideal
education which is not sexist for every student that is, one sex exploiting the
other whether male or female but is humanizing, so that a free and equal society might evolve. Passage of this Act would give both legitimacy and funding
to that dream.

Our

;

(145)

146
Research projects oould be carried out which would provide scientific l^nowledge and theoretical concepts such as those wliich exist in other social science
would
disciplines. Official governmental, academic and institutional .support
of women's
greatly enhance the development of legitimate knowledge in the fields
for classstudies, so that teachers at all levels of education could draw upon it
room implementation.
Teacher-written curricula, lesson plans and units relating to role, history,
treatment and societal options of female students and concomitant male role
re-examination could be more systematically instituted within existing school
systems. Such stimulation for change would meet the need for more material
suitable for use in teaching situations, particularly with children. Such materials,
directed to the purpose of instilling in young people the idea that women are
human beings deserving of the same rights as men, take time and care to develop and these needs should be properly recognized without further overburdening the teacher.
Furthermore, such programs could be established in all affected areas of education, from university to pre-school in the best academic traditions. Providing
grants for worthwhile and serious study, bringing a factual and objective cast
to what is now voiced or written in i)iecemeal fashion would develop an acceptable body of knowledge.
Training and re-training of teachers who have unknowingly carried on sex
role stereotypes for either male or female in their classrooms, who have reflected
in their teaching a male-dominated world, could be carried on systematically.
This work now is done only by a few sensitive teachers. The systematic retraining of a sizeable group of influential adults whose main role and occupation is to transmit the culture and values of our society to subsequent generations is probably one of the most important ways to enhance our thinking and
behavior about females.
Important, too, is the development of visual teaching materials which direct
and inspire individuals to develop to their maximum potential. Valid models
are crucial to attaining the goal of developing positive self-images, sorely needed
by females in our society. Teaching materials that portray limiting, ,>^ex-role
stereotypes can re.sult in irreparable psychic damage and distorted aspirationa!
levels for women, and produce sexist caricatures aped and emulated by the

media as well as women themselves.
Casting out old and invidious images and creating new and healthier ones
in books, films, film-strips, filmloops, records, encyclopedias, pamphlets, leaflets,
and ephemeral materials are goals for which reliable criteria are needed. For
instance, neuter nouns should be found for "man", or "men" when referring to
humans. Females should be portrayed, not as stereotyped grandmothers, but as
individuals who have a wide variety of interests and personalities. Women
should also be pictured receiving public recognition and achieving success in
many fields of endeavor. Females should be portrayed as being independent, competent, athletic, persistent, and as vital as male.s. They should be shown in the
foreground of activities in much more of the material presented to children.
Moreover, females can be presented as taller, heavier, more intelligent or more
capable than males just as often as the other way around without denigrating

males.

with proper funding and encouragement offered to those
are significant in the life of young students, such as parents, community workers and leaders, counsellors, and those influential in work
like such as labor, business, and government leaders can reinforce what is objectively and scientifically true about women. Without such community support
school learning loses its legitimacy and primacy in the individual's nsind.
Adult women, damaged by society's inattention and neglect could benefit by
re-counselling and re-training for useful work in an era when a few years out
of the labor market and the opportunity for developing to changing conditions
might make their former occupations obsolete. Greatly needed are well developed
continuing education programs which recognize these economic facts of life and
which would rescue from .society's wastebasket talents and skills which would
otherwise be discarded. Women should not be penalized for their socially
assigned role of child rearing. Neither should educational institutions prevent
women from studying at what are now unconventional hours of having barriers
placed in their way in the form of obsolete courses, untransferrable units, ineqit-

Such training,

too,

besides teachers

who

147
able residence requirements, inflexible scheduling, lack of child care facilities,
or lack of financial aid or scholarships. Development of re-entry and mid-life
programs are a paramount need.
Further, sponsorship of training programs for counselling personnel is absolutely essential to promoting positive self-images and expanded career and
vocational counselling for all girls and women. Encouragement of entry into
apprenticeship and job skill upgrading programs for all women, employed and
unemployed, could be stimulated by informing labor and business leaders of their
value, and of the relation of education to low pay, poverty, and high unemployment rates. Such programs could end the problem of the female adult dropout
from the mainstream of American life which was supposed to be the "happily
ever after" of the storybook. The extension of the Greek ideal of a healthy mind
in a sound body could be possible in this 20th century American life, and surely by
the 21st century no longer a dream but an accepted reality.

American Association of University Women,
Washington, B.C., November 29,1973.
Senator Walter F. Mondale,
Old Senate Office Building,
Washington, B.C.

Dear Senator Mondale I realize that time is growing late, but the American
Association of Univerity Women, an organization of 180,000 members in 1,760
branches, would like to do down on record as being in support of your bill S. 2518
(Women's Educational Equity Bill). The Association considers S. 2518 to be
:

one of

its legislative priorities in

from status

this

AAUW

programmatic year of "women,

to stature."

AAUW

The
members strongly urge you and your colleagues to pass this significant piece of legislation to remove the unjust discriminatory practices against
women in education and to create new educational opportunities for women and
for all of society. Moreover, they feel that any group which is viewed as different
from the majority requires special assistance.
Sincerely,

Association Legislative

Helen Timmons,
Program Commnttee Chairwoman.

Enclosure.

Statement of Mrs. Helen Timmons, Chairwomen, Association Legislative
Program Committee, on Behalf of the American Association of University

Women
The primary goal of the American Association of University Women, an organization of approximately 180,000 women organized in 1,776 branches in the
50 States, has been to strengthen educational opportunities at all levels. In the
1890's
supported local day care centers by the 1930's it was supporting
the incorporation of kindergartens in the public school system. In the middle
1940's
was getting involved in early childhood education, public support
for public schools and federal aid for school construction.
In the 1950's,
supported the reservation of high frequency channels
for educational TV broadcasting and the National Defense Education Act. By
the 1960's, the organization backed Higher Education Facilities Act of 1963.
The Vocational Education Act of 196.3. The Economic Opportunity Act of 1964,
The Civil Rights Act of 1964, The Elementary and Secondary Education Act
of 1968 and others. Now, the 1970's,
strongly supports Senator Walter F.
Mondale's (D-Minn) Women's Educational Equity Act of 1973, which addresses
our major concern of equalization of educati<mjil opportunity for women.

AAUW
AAUW

;

AAUW

148
concern for equal educational opportunity for all Americans,
such as the Women's Educational Equity Act is needed because of the neglect of women in almost every field of study history, psychology,
sociology, literature, art, and others. Special emphasis therefore is required to
fill in major gaps in knowledge and understanding about women in order to
meet the educational needs of both men and women in our society.
Faculty, administrators, teachers are faced with limited choices in securing
textbooks free from stereotyping male-female roles. Incentive grants for the
development of curriculum, text and materials, nondiscriminatory tests and career counseling will help to overcome the reluctance to change. Pictures in texts
can show women and men as dentists, doctors, lawyers, and women and men
as child care supervisors, secretaries, nurses. Boys are demanding to be enrolled
in Home Economies courses and girls are pressing to take courses in Auto Mechanics but few counselors are recommending this development of the natural
interest of kids. Implementation of this bill will provide increased opportunities
for both sexes.
recognizes the need for Resource Centers for Women on campus. Counseling and proper introductions can assist women in enrolling in departments
and in (ourses which have not always welcomed women. Centers for Women
which have been functioning for a decade are now supported in university budgets because they offer effective programs'. Those centers which are just being
constituted may need financial assistance until they prove their value to women

While there

specific legislation

—

AAUW

and

to the university.
Statistics continue to show the small number of women in high level administrative posts. To assist in preparing women faculty members to assume policy
making positions in major universities by educating them intensively in the

policies and procedures of university goverance, the University of Michigan
offers a six weeks Institute on Academic Administration for faculty women with
a Ph.D. or professional degree and a tenure ladder position. Qualified men are
also considered. This type of administrative seminar needs to be available for
the ui)ward bound woman executive in other management fields.
According to Department of Labor Statistics, women are in the work force for
at least half of their adult lives, whether they are single or married. Yet the
American educational system continues to train women for economic dependency
and minimal vocational expectations. An untapped national resource lies in the
skills, abilities and special insights of women, particularly at the leadership and
administrative level. This bill provides essential tools which will prepare women
for the roles they must assume in the next decade.

149

REPORT OF THE COMMISSIONER'S TASK
FORCE ON THE IMPACT OF OFFICE OF
EDUCATION PROGRAMS ON WOMEN
A LOOK AT WOMEN IN EDUCATION:
ISSUES AND ANSWERS FOR HEW

Report of the Commissioner's Task Force
on the Impact of Office of Education Programs on Women

November 1972

U.S. Office of Education
Department of Health, Education, and Welfare

150
Commissioner's Task Force on the Impact of OE Pro<3raws on Womtti

CHAIRPERSONS

Holly Knox
Frances Kel ly

MEMBERS

Herbert Carl
Eleanor Dolan
Mary Ellen Flynn
Gary Grassl
Ella Griffin
Jean Hinsley
Jennifer Johnston
Charles Lovett
Mary Ann Mi 11 sap
Elizabeth Payer

TECHNICAL ADVISOR

Joan Thompson

**********
In addition, the following people assisted the task force in the
preparation of this report:

Abbott
Arline Camm
Julie Kisielewski
Ann Kohankie
Sharj/n

151
PREFACE

How can education--known for decades as a "women's fie1d"--be
guilty of discrimination against women? This report, addressed first
of all to that paradox, summarizes the evidence that our educational
institutions everywhere have been denying females their right to
Second, it explains
equal opportunities as students and as employees.
how HEW education aid has contributed to sex discrimination and
recoirenends action to make Federal education programs part of the
solution, not part of the problem.
In the wake of rising public concern about discrimination against
women in education, the Commissioner of Education (then Sidney P.
Marland, Jr.) established last May a task force to investigate the
Just a few months
impact of Office of Education programs on women.
earlier, the HEW Women's Action Program had called attention to sex
bias in several Office of Education programs and recommended changes;
Secretary Richardson asked that they be implemented. Meanwhile, by
late spring, more importtnt events were at hand as Congress moved toward
enactment of sweeping legislation banning all Federal education aid
to any institution or individuals practicing sex discrimination.

Believing that these events had profound implications for all
Office of Education programs and deserved a studied, comprehensive
agency response. Commissioner Marland asked his 12-member task force
to report back with findings and advise on the agency's response.
This is that report.
Besides the Office of Education, the task force also looked at
the activities of two other HEW units:
the new National Institute of
Education, whose research and development functions were still part
of OE when the task force began its work, and the Office for Civil
Rights, whose enforcement efforts will certainly affect the speed
with which the education community meets women's demands for equality.
The information presented here was gleaned both from the general
literature on sex bias in education and from agency program staff.
To find out about the relationship between specific programs and sex
discrimination, we worked from questionnaires tailored to individual
programs--sometimes by gathering responses in writing, more often by
personally interviewing program administrators and staff. Questions
were far-ranging:
they covered program participation by sex, the role
of women in administering projects in the field, past efforts to
reduce sex discrimination in agency programs and special projects
aimed at expanding opportunities for women.

Information on many programs was sketchy or nonexistent, either
because yery little information of any kind is gathered at the
Federal level (as in many formula grant programs) or because programs

152
have not yet recognized the need to collect data comparing the
participation of males and females. The task force study, then,
has only scratched the surface, and we hope that it will prompt
program officials to look much more closely at the relationship
between their own programs and sex discrimination.

The 12 task force members represented various shades of
opinion about the role of women in American society; the viewpoints
and recommendations presented here reflect a consensus rather than
Despite differing viewpoints, we did agree on
complete unaaimity.
several fundamental premises which underlie the report:
-- that every person has a basic human and constitutional
right to equal opportunity;
-- that the education system must strive to enable each
individual to explore his or her unique potential to

the fullest; and
-- that both males and females are now prevented from
doing that by society's insistence on traditional

definitions of the proper roles of men and women.
With women's rights, as with other areas of civil rights, the
how do we see that all Americans-issue is basically a human one:
males and females, rich and poor, black, brown and white--can take
their places as human beings with the same human and civil rights?
For it is clear that discrimination against women is part of a
much broader problem of exploitation and exclusion in American
society. Women share the experience of second-class citizenship with
ethnic minorities, the handicapped and the poor. While the task
force was not able to analyze the educational needs of these groups,
we do believe that many of our reconmendations also apply to them.
We urge that agency officials consider this as they act on task force
recommendations.

The first, a summary
We have presented our report in two parts.
of the problems women face throughout American education, reflects
the task force's concern that sexism in education is still a little
understood phenomenon. We hope that the report will help to inform
people, both inside HEW and out, about the seriousness and magnitude
The
of the inequalities women confront within the education system.
second part examines the relationship of HEW education programs to
the problem and presents an agenda for action.

Women seeking equal opportunities in education have just begun
In this mediato win public recognition for their grievances.
oriented society, gaining public attention is genuine progress.
The question now for Federal education officials, as for educators
throughout the nation, is whether we will now move beyond that
That is the challenge.
symbolic victory to substantive change.

iv-v

153
CONTENTS

Task Force Membership
Preface
Contents

iii
vi

Part I
SEX DISCRIMINATION IN EDUCATION:

AN OVERVIEW

....

Early Education Reinforces Ideas of Male Superiority
Sex Discrimination in Secondary Education
Biases in Postsecondary Education
Women with Special Needs Encounter Additional Difficulties
The Education System as an Employer
Research and Development: Help or Hindrance?

2
4
8
11

14
17

Part II
THE HEW MANDATE

Chapter I: The Legal Imperative
Uncovering Sex Bias in OE and NIE Programs
Action to Date
Next Steps fer HEW's fducation Agencies.
^
"
Recommendations
Next Steps:
The Office for Civil Rights
Recommendations

24
26
33
34
38
43
45

Chapter II:
Beyond the Legal Imperative
Educating the Public
Recommendations
Exploring New Roles for Women and Men
Recommendations
Serving Women's Special Needs
Reconnendations
Building Our Store of Knowledge on Women in Education.
Recommendations
Putting Our Own House in Order
Recommendations

46
47
49

Footnotes

52
53
56
58
61

66
72

154
APPENDICES
Appendix A: Selected Laws Pertaining to Sex Discrimination.
Title IX, P.L. 92-318
Executive Order 11375
Executive Order 11246
Appendix

Appendix C;

Task Force Recommendations
Units Affected by Task Force Recommendations.

Implementing the Recommendations of the HEW
Appendix D:
Women's Action Program

83
84
86
87
94

118

134

155

PART

SEX DISCRIMINATION IN EDUCATION:

AN OVERVIEW

Part I describes the many ways in which sex discrimination
in the educational system works against women, both as
students and as workers.

156

SEX DISCRIMINATION IN EDUCATION:

AN OVERVIEW

As the decade advances, equality for women is emerging
And
as one of education's thorniest and most urgent issues.

little wonder.
At a lime when women are demanding equality as both a
human and a constitutional right, our schools are still imparting
concepts of male superiority. Although women are close to half
the working population, education is still primarily preparing
them to be housewives.
As an employer, the education system
Women working in education can generally
is equally guilty.
expect lower pay, less responsibility and far less chance for
advancement than men working at the same level.

The situation is not without its bright spots.
But
mounting evidence makes it clear that unequal treatment of the
sexes is the rule in education, not the exception.
As a girl
progresses through the education system, she confronts serious
biases and restrictions at each level, simply because she is
female.

EARLY EDUCATION REINFORCES IDEAS OF MALE SUPERIORITY

From the time they first start school, children learn
from teachers, textbooks, games and films that males are
superior to females.

Elementary school textbooks reveal startling biases.
Females are continually underplayed as topics of interest. An
extensive study covering 144 readers from 15 reading series,
varying from primer to 6th grade level, disclosed that while
boys were the focus of 881 "amusing and exciting" stories,
only 344 of these stories centered around girls.
Similarly,
there were 282 stories featuring adult males, but only 127
stories about women.
In addition, there were 131 biographies
of famous men, but only 23 of famous women. ^

157
Derogatory comments aimed at girls in general were common
these readers. One reader depicts a girl getting lost in
London with the caption, "Girls are always late." Another primer
denigrates girls with a "Look at her, Mother, just look at her.
She gives up." and again with "You cannot
She is just like a girl.
write and spell well enough to write a book. You are just two
little girls." 2
in all

Other sex stereotypes are commonly threaded through grade
Girls emerge as passive, dependent,
school curriculum materials.
and incompetent, while boys are active, self-reliant, and
Mothers mostly appear as housed eaners, clothesmenders,
successful.
grocery shoppers and cake bakers; fathers are wage earners.
The negative influence that biased curriculum materials
exert on children is reinforced by differences in the way
Teachers
teachers and administrators treat boys and girls.
communicate their expectations of "feminine and "masculine"
behavior in subtle ways:
girls are asked to do light classroom
chores (watering the flowers or decorating the Valentine box),
boys are assigned to the heavier and more responsible tasks
Physically active girls are
(moving chairs or hall patrol).
labeled "tomboys"; boys who cry are "sissies."
Then too, the traditional classroom set-up, with children
sitting quietly row by row, is difficult for most children, but
especially hard for boys who have been encouraged from birth to
Teachers tend to reward passivity and
be physically active.
obedience, qualities many girls have already acquired.
This dichotomy in roles is undoubtedly reinforced when
children look at adult roles in their own schools, where they
an early
are likely to see that women teach and men run things:
in "career education."
For while
and potentially damaging lesson
85 percent of all public school elementary teachers are women,
79 percent of the elementary school principals are men.^

By the time children are ready to leave grade school, they
have already begun to develop distinct Impressions of the limitations
placed on them because of their sex.

158
SEX DISCRIMINATION IN SECONDARY EDUCATION

Once children reach secondary school, they are likely to
confront even more rigid sex stereotyping. Both girls and boys
may be prevented from taking advantage of certain educational
activities, although restrictions facing girls are far more serious
than those boys usually face.

Sex-biased Curriculum Materials
Sex biases in the curriculum are a problem at this level too,
though the focus has shifted: women are ignored more often than
In history and social studies texts, for example,
maligned.
women--their achievements and their concerns--are virtually
The history of women's exploitation and their struggle
invisible.
for equality is dealt with superficially, if mentioned at all.

Stereotyping Interests and Abilities
Early on, girls and boys discover they are expected to develop
different "aptitudes"--boys in math and science, girls in English
and the arts.
Teachers, principals, and parents may encourage
boys to pursue these "masculine" fields, but admonish girls to
There is no question that these
stick to the "feminine" fields.
The National Assessment Study
sex stereotypes have an effect.
discovered, for instance, that while there was little difference
between boys and girls in science writing at age 9, the gap widened
increasingly at ages 13, 17, and young adulthood.

Sex-Segregated Courses
Children who do display unconventional interests may be
blocked from pursuing them because appropriate courses are
restricted to the other sex. Home economics and industrial arts
classes are frequently segregated by sex, making it difficult for
Men don't
both sexes to acquire basic home management skills.
learn to cook or mend; women can't put up a shelf or fix an
electrical outlet.
Young people are becoming interested in
in an informal survey taken in
what the other half is learning:
Boston recently, girls in traditionally female vocational education
said they would rather take industrial arts than home economics,
if they had the chance.
Students of both sexes have begun to
demand that these courses be coeducational. A few pioneering
school districts have combined home economics and industrial arts
into courses covering a range of "survival" skills, others have
devised "bachelor cooking" courses, while others have simply
opened up the old courses to both sexes.

159
Segregated Academic and Vocational Schools:

Separate But Not Equal

Opportunities for girls are further limited by restricted
admissions in schools. Academic and vocational high schools in
large school districts sometimes exclude one sex entirely or
require higher admissions standards for girls than for boys.
Simply because of their sex, students may find themselves ineligible
for the school offering the best or only courses in their field
of interest.
Until recently. New York City excluded girls from two of the
city's high quality public academic high schools specializing
Two years after a court
in science, mathematics and technology.
order opened the first school, the Board of Education was still
5
listing these schools for "boys only" in its official catalogue.

Vocational high schools in big cities are also frequently
A 1971 telephone survey by OE's Office of Legislation
sex segregated.
found, for example, that the District of Columbia had four (two for
men, two for women); Baltimore, four (also two for each); and New
York City, 18 (13 for males, five for females).
Boys' vocational high schools
Separate does not mean equal.
tend to offer training for more diverse and better paying jobs.
The segregated schools in New York City prevent girls from taking
architectural drafting,
courses in 17 different vocational fields:
dental labs processing, jeweTry making, industrial chemistry and
Boys are excluded
upholstery as well as areas in heavy industry.
from two."

A comparison of Boston's two trade high schools, one for each
sex, is particularly revealing.

Boys at Boston Trade High choose from courses in automobile
mechanics, basic electronics, cabinetmaking, carpentry, drafting,
electrical technology, machine shop, painting, plumbing, printing,
At Trade High School for Girls, on the
shreet metal and welding.
other hand, students are only offered programs in clothing, foods,
The average expected wage
beauty culture, and commercial art.
for trades taught at Trade High School for Girls is 47 percent
less than that for the trades available at Boston Trade High School
for Boys.^
In addition, nonvocational course offerings at these schools are
determined by sex. At Trade High School for Girls, students
take typing and merchandising, while boys at Boston Trade learn
Girls can study biology but
geometry, trignometry and physics.
not chemistry.
Interestingly, the Boston school system makes
exceptions for boys who want to be admitted to the girls' trade
school (seven were enrolled in 1970), but no exceptions have
ever been made for girls who sought admission to the trade school
for boys.^
5

160
Limitations in Vocational Education

Justifications for this kind of rank discrimination range
from the well meaning--"She won't be able to get a job"--to the
absurd--"We can't let girls do metal work because they have to
wear masks and work with sparks. "9 Whatever the excuse, schools
must stop denying students free choice in vocational training.
The fact is that some women want training in vocations
Women have succeeded, despite
now dominated by men, and vice versa.
tremendous resistance, in all of these fields; during World War II
the popular "Rosie the Riveter" served as evidence that women were
Sex discrimination in
effectively replacing men in many industry jobs.
employment has been Illegal since 1964; now it is illegal in
vocational schools, too.

Equality in job training is not a minor concern for women.
Despite the persistent myth that "woman's place is in the home,"
women are now a permanent and growing sector of the work force.
Within the past thirty years, the number of women in the work force
has more than doubled, so that today two out of every five workers
are women. 10 Nearly two thirds of the new jobs created during the
1960's were held by women. H
Nor are women only temporarily employed or merely working for
Seventy percent of all women employed are working
full-time, and the average woman worker has a full-time worklife
expectancy of 25 years. ^^ Nearly half the women employed in 1971
were working because of pressing economic need. 13
"pin money."

So long as the schools continue to steer girls into vocational
training for low-paying jobs, they will continue to contribute to
That gap
the earnings gap between working women and working men.
In 1955, a woman working fullIs substantial and growing worse.
time earned only 64 percent of a man's earnings, but by 1970, she
was only earning 59 percent as much. 14

Athletics
Schools sponsor physical education and extramural sports
because educators recognize the importance of life-long habits of
These habits are needed as much by women, as
physical fitness.
workers and mothers, as by men.
However, girls get short shrift
in physical education, both at the secondary and higher education
level.
Schools and colleges devote greater resources to boys'
than to girls' athletics:
in facilities, coaches, equipment and
interscholastic competition.
In one midwestern district, school
officials spent ten times as much on boys' athletics as on girls';
and there is no reason to believe that this school district was
unusual .15 Girls are often either excluded from interscholastic
competition or required to play under restrictive rules specially
In one case. State rules for high school
designed for girls' games.
athletics forced a high school to deny its best tennis player both
coaching and the chance to compete. Why? The athlete was female. 16

161
Expelling Pregnant Students

Discrimination is particularly severe for one group of students—
those who become pregnant.
Every year over 200,000 young women under
18 give birth. 17 Usually these young women are expelled from school
Out of 17,000 school districts surat the first sign of pregnancy.
veyed in 1970, fewer than one third offered pregnant school -age girls
any education at all. 18 School districts that did allow students to
study during pregnancy usually kept them at home or segregated them
in special classes for various reasons—on moral grounds, for special
protection or for convenience.'^
None of these reasons justify denying a young woman the right
There is no evidence
Class attendance
that pregnant students are morally contagious.
poses no greater health hazard to pregnant women than performing a
job, doing housework or caring for other children--an things that
women commonly do up until childbirth.
to regular public education with her peers.

Expulsion compounds the already serious problems of teenage
Of every 100 pregnant teenagers who leave school, 85
pregnancy.
never come back.
Rejected, cast out with a child to support and
often no salable skills, these teenagers are nine times more likely
to commit suicide than their peers. 20

Eighty-five percent will keep their babies, either to raise an
illegitimate child alone or to enter into a early marriage that is
three or four times more likely to end in divorce than marriages in
21
Their children are four times more likely
any other age groups.
to have psychological problem than those with older parents.
Among
the teenage mothers who remain unmarried, 85 percent go on welfare. 22
Guidance and Counseling
As a girl prepares to leave secondary school to take a job or
to seek further education, school guidance counseling may further
dissuade her from striking off in academic or vocational .tfirectfons

which may be her choice but which are usually reserved for men.

Many guidance counselors advise students to do what's
"practical." Unfortunately, what is considered practical may lead
to a tragic under-utilization of women's talents and skills.
Counselors may advise girls tc go into conventional "women's fields,"
But, as we have stated
regardless of their Interests or abilities.
above, many girls are interested in other fields.

162
Sex discrimination in another form of guidance— vocational
One test,
interest tests--has begun to attract public attention.
the Strong Vocational Interest Blank, received widespread
attention when cited for sex bias in March 1972 by the American
As the association's
Personnel and Guidance Association.
resolution calling for the test revision explained:

The Blanks (SVIB) provide different occupational
scores for men and women: women cannot be scored on
occupations like certified public accountant,
purchasing agent, and public administrator; men
cannot be scored on occupations such as medical
technologist, recreation leader and physical
education teacher.

When the same person takes both tests, the profiles
one woman scored high as a
turn out differently:
dental assistant, physical therapist, and occupational
therapist on the woman's profile, and as a physician,
psychiatrist, and psychologist on the man's form. 23

BIASES IN POSTSECONDARY

Although

EDUCATION

more and more women are demanding and gaining access

to postsecondary education, the record is not one of consistent

The proportion of women undergraduates and professional
progress.
students grew from 30 percent in 1950 to 41 percent in 1970, but
was still smaller than it was in 1930.
And women won a higher
proportion of the doctorate degrees during the 1920's, 1930's,
and 1940's than they did in the I960' s. 24

According to one study, only half of the female high school
graduates qualified for college work actually do go on to college,
while 65 percent of the qualified men do.?5The proportions of
women shrink on each step of the educational ladder. Women earn
just over half the high school diplomas; but they earn 43 percent
of the bachelor's degrees, 40 percent of the master's degrees,
and only 13 percent of the doctorates. 26
Women also have a more difficult time gaining access to top
In the 35 undergraduate institutions, both'
quality education.
single sex and coeducational, judged the "most selective in the
country" by one college handbook, women represented only 29.3
percent of the admissions in 1970.
They were only 32 percent
of those admitted to the coeducational institutions. 27

163
Yet
both the
tion--in
to these

women perform as well or better than their male peers in
Sex discriminasecondary and the undergraduate years.
admissions, student aid awards and counsel ing--contribute
disparities.
Admissions

Sex discrimination in admissions--commonplace in public and
private institutions, single sex and coeducational --is one obstacle
facing women seeking higher education.

Most of the approximately 300 institutions which exclude members
of one sex are private, although a few public institutions close their
Of these, the U.S. Military academies are the most
doors to women.
Because of the single-sex pattern of higher education in
prominent.
Virginia in 1964, the State system that year rejected 21,000 women
and not a single male.
Since then, the State has changed its policies. ^^
Sex discrimination in admissions to public institutions is particularly
burdensome, since public education is iri' general, substantially less
expensive than private education.

Most students attend coeducational institutions of higher
education, and it is in admissions to these schools that discriCoeducational institutions,
mination against women is so damaging.
both public and private, use various strategies to limit the number
of women admitted.
Some use quota systems to maintain a steady
ratio of male and female students, almost always with women in the
Cornell University, for example, maintains a male/female
minority
ratio of 3:1; Harvard/Radcliffe, 4:1.29 j^e main campus at
Pennsylvania State University, a public institution, this year
ended a long-standing quota of 2.5 men to every woman. 30

Other institutions simply demand higher admission standards
for women than for men.
Whatever the system, women usually come
out on the short end. As a faculty member at one graduate school
coirmented:
"Our general admissions policy has been, if the body
is warm and male, take it; if it's female, make sure it's an Afrom Bryn Mawr."31

Student Aid
Sex discrimination in student aid awards is another roadblock
for women seeking higher education.
The Educational Testing
Service (ETS) recently documented a clear pattern of sex discriETS found that women averaged $215 less
mination in student aid.
in student financial aid than men, though women had equal financial
need.
To compound the problem, men working to defray college costs
earned more than female students.
This was not only true in offthe biggest disparities were in jobs provided by
campus jobs:
colleges and universities, where men averaged $300 per year, or
78 percent, more than women. 32

164
Women are effectively excluded from certain kinds of
scholarship aid. Government scholarships designed to attract men
into military service, such as ROTC scholarships, have not been
available to women, nor can most women qualify for veterans'
Athletic scholarships, a significant portion of
benefits.
And many
financial aid in some institutions, are limited to men.
private scholarships and fellowships are designated for men only.
Until 1969 New York University Law School, for example, excluded
women from competition for Root-Tilden scholarships, generous
$10,000 scholarships for "future public leaders," a category which
apparently was felt to be suitable only for men. 33

According to ETS, the only type of student aid where women
averaged larger sums than men was in loans--probably because they
receive less aid from other sources and must rely on larger loans. 34
Loans are an expensive way of financing an education for anyone,
but they represent a particularly heavy burden for women, since
women have less earning power than men.
Women who are married or raising children may have
particular difficulty securing the aid they need to remain in
Financial aid officers may feel that these
or return to school.
women do not need help, since they have husbands to support them,
or that they are probably not serious about obtaining an education.
In addition, financial aid is difficult to obtain for part-time
study, which poses an additional handicap for women with children
who can only attend school part-time.

Counseling
Counseling for women in higher education holds the same hazards
it does for younger women in secondary schools.
Advisors often urge
women to avoid "masculine" academic fields or discourage them from
applying to graduate schools where common wisdom has it that it's
hard for women to get in.
Women are often warned against seeking
further education, despite good academic records:
-

"Have you ever thought about journalism?
(to
planning to get a PhD in political science).
a lot of women journalists who do very well."

a
I

student
know

"A pretty girl like you will certainly get married.
Why don't you stop with an M.A.?"35

Biases against women in each of these areas— admissions, student
aid and counsel ing--are typically rationalized by widely-held prejudices and presumptions about women and their needs.
It is assumed

165
that some man will always provide for a woman, that women won't
complete their education, or that women don't really need an
education. As a young widow with a five-year old child who
needed a fellowship to continue her studies was told, "You're very
We have to give fellowships
You'll get married again.
attractive.
to people who really need them. "35

Millions of women
In fact, none of these assumptions hold up.
will remain single, be divorced or widowed, or marry a low wageearner. 37 According to the data available, women are slightly more
likely to complete high school and slightly less likely to complete
postsecondary degree programs than men in the same field. The more
education a woman has, the more likely she is to hold a job. A
study of female Ph.D's seven
found 91 percent working--81
shortsighted to suggest that
works for pay, while a woman
children.

years after receiving their degrees
percent full -time. 38 Moreover, it is
a man needs a college education if he
doesn't if she works at raising

Undoubtedly, many of the myths persist because many people are
The attitude is
simply unable to accept women as equals to men.
perhaps best expressed in a comment of Nathan Pusey while president
of Harvard.
Upon learning of the end to graduate student deferments
during the Vietnam war, Pusey said, "We shall be left with the blind,
the lame, and the women. "39

WOMEN WITH SPECIAL NEEDS ENCOUNTER ADDITIONAL DIFFICULTIES

Because of their special life patterns, many women with family
responsibilities experience special difficulties in acquiring an
For mothers who wish to continue their studies while
education.
their children are young, finding adequate, affordable child care
is a major problem.
Others who interrupt their education to raise
children or pay for a husband's education find returning to education limited by such problems as a dearth of part-time study
opportunities and by credit transfer problems.
These problems are shared by women at all levels of the
socio-economic scale whether they are looking for basic literacy
education, occupational training or retraining, or a high school,
undergraduate or graduate degree. Women with families need special
services and flexible arrangements few education institutions have
been willing to offer.

166
Child Care Needs

Students' child care needs have not been adequately met.
Day care
readily available for many people and costs are still prohibitive.
While low-cost cooperative day care centers are growing in
popularity, adequate child care can be expensive. A recent study of
"quality" child care centers estimated average costs at $2,600 per
child per year. 40
is not

A woman with children who is not working must add child care costs
expenses, since she would no longer be at home proWithout help in shouldering child
viding these services free of charge.
care costs, large numbers of women must stay home or despite a desire
to continue their education.
to her educational

In postsecondary education, demands for child care assistance
have exploded within the last three or four years.
Child care
centers subsidized partially at university expense have begun to
Centers often double as research laboratories
appear on campuses.
for campus scholars and students.
However, efforts to date are
still grossly insufficient.
The American Association of University
t
Women reports that no more than 5 percent of our colleges and
universities offer day care services. 41 Some are open only to
faculty children; many impose extremely selective admissions
criteria to deal with the surplus of applications.
Waiting lists
are long. 42
-.r.

The child care issue has not won much visibility in secondary
and vocational schools, perhaps because these schools have traditionally refused responsibility for educating young women with
children.
With growing recognition that pregnancy and motherhood
are not acceptable grounds for denying young people the right to
public education, school systems will have to confront the child
care issue.
Child care services may be essential for keeping
young mothers in school.

National statistics on the number of mothers seeking child
care assistance in order to attend school are nonexistent.
However, we do know that in 1971 over two million college students,
25 percent of the total national enrollment, were married. 43 And
over 200,000 women under 18 have children each year.

Child care services have barely begun to meet the demands,
either for women already struggling to balance studies and child
care responsibilities, or for women who might return to education
or training if they had access to acceptable child care.

167
Part-Time Study Needs

Although not as limiting as lack of access to child care
facilities, other hurdles stand in front of the women who wish to
return to school, including a dearth of part-time study opporFor many women, part-time study is often the only way
tunities.
More and more people of
to combine childrearing with learning.
both sexes, unable or unwilling to devote full time to education,
are demanding access to postsecondary education.

Although no national data are available, part-time study
opportunities clearly do not come close to meeting this demand.
Part-time vocational or manpower training is extremely rare.
Traditional continuing education courses offered part-time usually
cannot be credited toward a degree, and many undergraduate schools
still close their doors to all part-time students.

Academic Credit Problems
Because families often go where the husbands' opportunities
take them, credit transfer problems in higher education are
particularly acute among married women. Many institutions refuse
Even if they
to accept transfer credits from other institutions.
accept academic credits already earned, no credit is nonnally given
for the years of experience and learning these women have had outside the classroom.
The Age Handicap

Some institutions discriminate, either openly or covertly,
against applicants over a certain age. This policy falls harshly
on women hoping to continue their education after raising their
children.

Both women and men can benefit from adjustments in conventional
The failure of education institutions to
institutional practices.
"
respond to the needs of women and men retur«fng^»to^ education is an unjust and inexcusable waste of valuable human
Not only are these individuals denied fulfillment of
resources.
their potential, but the institutions themselves suffer by not
using the wealth of experience these people have already acquired.
•

•

168
THE EDUCATION SYSTEM AS AN EMPLOYER

Women employed in the education system face discrimination
practices just as damaging as those women experience as students.

Women make
Education, tradition has it, is a woman's field.
up the bulk of the Nation's teaching staff in the elementary and

secondary schools; yet they remain a largely untapped and underWomen are denied equal
utilized source of educational leadership.
pay and equal opportunity for advancement and they are channeled
Wherever
into a small number of "approved" educational fields.
you look in education, women abound in the lower ranks and there,
generally, they stay.
Women returning to careers in education face many of the same
obstacles women returning as students encounter.
Pregnant teachers
frequently receive the same summary treatment as pregnant students-policies require them to leave the jobs while pregnant, often with
no guarantee of a place when they return.
Day care services or
subsidies are rarely available to employees in education and parttime employment opportunities are scarce.
Women in Administrative Positions

Elementary and secondary schools are mainly staffed by women,
but when teachers are selected to move into the administrative
In school year 1970-71, 67 percent
ranks, men are usually chosen.
of all public school teachers were women, but women constituted:
-

15 percent of the principals, and

percent of the department heads,

0.6 percent of the superintendents. 44

Presently, only two Chief State School Officers are women--those
in Montana and Guam.
When women do get into administrative
positions, it is usually at the elementary school level where
responsibility, pay, and status are lower. While 20 percent of the
elementary school principals in 1970-71 were female, women were
only 3.5 percent of the junior high school principals and 3 percent
of the high school principals. 45
In postsecondary education administration, women are even less
Men dominate college and
visible, but the same pattern holds.
university administration, particularly at the policy-making levels.
The National Education Association's 1971-72 survey of higher education institutions found that of 953 presidencies in 4-year

169
institutions, women held only 32; the proportion is about the same
Even some of the women's colleges, vrfiich
in 2-yea)^ colleges. ^^
historically guaranteed vomin OBportvinit1«s for a<lm<«<«tr«tW<e
leadership, have been htr1n9 ti»i* p>f«S;1«l*ftts In y*<?»»^t y^drs.

Female trustees are rare. A 1970 American Association of
University Women survey found that 21 percent of the institutions
responding to the survey had not a single female trustee and
another 25 percent had only one.'*7 The only deanship women were
likely to hold was dean of women; only 21 percent of the deans of
administration, faculty or instruction were women. 48 Perhaps the
most startling statistic was the sex breakdown of head librarians
in 4-year higher education institutions--in a field 83 percent female,
nearly 70 percent of the head librarians were men.
A long tradition of excluding women from top administrative
positions in education may discourage some women from aspiring to
administrative positions. However, the fact remains that administration is "the way up" in American public education in terms of
It is absurd to conclude that
salary, responsibility and status.
many women year after year voluntarily turn their backs on these
hallmarks of advancement.

Discrimination Against Women in Higher Education Faculties
Colleges and universities present an array of obstacles to
Less than one in five
women who want to teach at that level.
faculty members is a woman. A recent study of the University
of California at Berkeley pointed out that 23 percent of the
university's doctorates in psychology went to women, but the last
time a woman had been hired in the psychology department was in
1924.50
Discrimination in hiring at large and prestigious institutions has forced many women to take jobs in small institutions
with lower pay and status and less opportunity for research.
Once women join the faculty, discrimination makes it much
harder for them to move up through the ranks than for men. Almost
40 percent of the full-time instructors at 4-year institutions are
women, but the proportion of women drops with each rise in rank.
Women comprise:
-

percent of the assistant professors,

15 percent of the associate professors, and
9 percent of the full professors. 51

Women are likely to remain on each step of the academic
ladder long after their male colleagues with the same qualifications
While it has been reported that females with doctorates
have moved on.
"have somewhat greater academic ability than their male counterparts, "52
barely half of all women with doctorates and 20 years of academic
experience are full professors, but 90 percent of the men with the
same qualifications have reached that ranK.53
15

170
Taking into account all the possible factors influencing faculty
rank, Astin and Bayer concluded in a recent analysis that sex discrimination is an important factor in determining faculty rank--more
important than such factors as the number of years employed at the
institution, the number of books published and the number of years
since completion of education. 54
In addition, it appears that the more prestigious the institution the less likely women are to penetrate the upper ranks. At
Harvard University, to pick an obvious example, of 411 tenured
professors in the Graduatfi School of Arts and Science in 1970-71,
409 were men. 55

Salary Discrimination in Education
Institutions of higher education regularly pay women less than
In terms of median salaries by rank, women
men of equal rank.
instructors earn $510 per year less than male instructors, and
women full-time professors earn $1,762 per year less than their
male counterparts. 56 And as time goes on, the gap is widening.

Astin and Bayer found that sex was a better independent
predictor of salary than such factors as years of professional
employment and type of advanced degree. The authors reported that
by 1968-69 standards, female faculty members should receive an
average of $1,000 a year more just to equalize their salaries with
those of their male colleagues of equal rank and experience. 57
This is an extremely conservative estimate, since it does not take
into account financial inequities attributable to other kinds of
in promotions, opportunities for research, hiring
discrimination:
by high-paying institutions and other factors.

At present no data are collected on teacher salaries in
elementary and secondary schools.
However, in some States,
elementary and secondary schools are prohibited by statute from
In vocational education
paying women less than men of equal rank.
the median salary in 1969 for female teachers for all levels combined was $1,158 less than for men; women earned only 87 percent
as much as their male counterparts. 58
Sex Typing By Field

Within the education professions, positions are highly sexWomen tend to be clustered in certain fields; men, in
typed.
others.
Women overwhelmingly dominate early childhood education,
elementary education, and special education. They are 92 percent
of the school librarians.
In vocational education, most of the
teachers in the health occupations, home economics, and office
occupations are women. At the lowest end of the professional scale,
almost all teacher aides and other educational paraprofessionals are
female.
16

171
Men, on the other hand, have always dominated teaching positions
the sciences, law, medicine and engineering.
In
vocational education teaching in agriculture, distributive education,
technical education and trades and industry has been predominantly
male.
in mathematics,

In recent years, educators have begun to wage an energetic
campaign to attract men into the fields of education customarily
In some of these fields, the proportion of men
dominated by women.
has increased, stimulated perhaps by tight job markets elsewhere.
If the same energy were devoted to bringing women into male-dominated
fields, a few years could bring substantial changes.

Nonprofessionals in Education
Women employed as nonprofessionals experience similar discrimination
HEW's Office for Civil Rights has
turned up numerous cases of sex discrimination against nonprofessional
In one institution, custodial employees were divided by
employees.
sex into "maids" and "janitors."
Each had the same duties, but maids
were paid substantially less.
In another, 4 pay levels were created
for the job of clerk; white males received the highest pay, black
males next highest, white females came after that, and black females
were last.
All of them had to have the same qualifications and perform the same work.
In hiring, advancement and pay.

Career ladders for nonprofessionals and paraprofessionals are
practically nonexistent.
Despite growing popularity of teacher
aides, few school systems offer these people, almost always women,
the chance for training and advancement to professional responsibility
and status.
Like most employers, few education institutions have
begun to face up to the need for career ladders to enable nonprofessional office workers to move into the professional office
jobs.

RESEARCH AND DEVELOPMENT:

HELP OR HINDRANCE?

Research and development can offer valuable insights and useful
tools for tackling our most perplexing problems.
Despite their
potential, research and development to date have contributed little
to our ability to solve one of education's most serious inequities:
In general,
systematic discrimination against the female sex.
research and development people have shown only slight interest in
exploring sex biases or testing ways of overcoming them.
Moreover,
studies too often reflect the anti -female biases of researchers.

172
Exploring Sexism through Research and Development
It is encouraging to note that there are increasing signs of
interest In research relating to sex biases, particularly among
female scholars.
However, remarkably little scholarly work has been
done on sex discrimination itself--either on the precise nature and
extent of sex bias within the education system, its roots or its
An ERIC search for research materials on sex discriminaeffects.
tion produced only 12 items, none containing any empirical results. 59
Too much of our information on sex discrimination is piecemeal,
or out of date.
anecdotal

Researchers have produced some information on sex differences
and sex role development.
They often report findings on differences
and similarities between males and females— in play behavior,
learning styles, interactions with teachers and in other situations.
Where differences exist, causes are rarely explored. We still lack
empirical evidence on the extent to which these differences are
biologically or culturally determined,
.

Research on the way children develop concepts of appropriate
sex role behavior has had similar limitations.
There is (as Me
noted earlier) evidence that as children go through school, they
progressively acquire clearer and more rigid ideas about what is
expected of males and females. But we do not know to what extent
schooling may be responsible or which aspects of the educational
experience have the strongest influence on children's concepts of
appropriate sex roles.
Much of the research on sex role stereotypes has another
weakness: many studies reflect the researcher's assumption that
accepting traditional masculine/ feminine role differences is
essential to a child's healthy development.
In fact, learning all
the "cannots" and "must nots" traditionally associated with being
female in this society can be a crippling experience. Although there
have been a few extremely provocative studies on this problem, many
of the studies of sex role development appear to be motivated by a
desire to see that boys and girls develop "proper" sex role concepts.
For instance, researchers studying the effects of female teachers
on boys frequently express a concern that boys may fail to develop
"appropriate" sex role identification without male teachers as
models. 60
Unless the necessary research is put to use, it will provide
little help to children in classrooms.
It must be accompanied by
the products of development for instance, new curricula, teaching
approaches, whole new fonns and models that can be put to use in
real educational settings.
As matters stand, curriculum material^
and teacher training techniques aimed at helping teachers avoid
sexist behavior are virtually nonexistent. A few recent education
experiments dc have particular significance for women, e.g., a homecommunity based career education model and nonresident college degree
However, serious
programs with credit for nonacademic experience.

—

173
attempts to tackle some of the most basic problems, such as
techniques to counter sex role stereotyping in the early preschool
and school years, are lacking.
Biased Questionnaires
In addition to the dearth of helpful research and development
relating to sex stereotypes and biases, many studies contain sex
biases which distort findings and produce knowledge of little or
Even
no use in solving problems of discriminating against women.
worse, these studies may reinforce popular misconceptions about
Somewomen and encourage educational decisions harmful to them.
times, for example, biases are based on the outdated assumptions
Others seem
that woman's proper role is homemaker and dependent.
to reflect attitudes that women, their lives and aspirations--and
barriers '-o those aspirations--are not important enough to be
studied.

Sex biases can be found in the kinds of questions researchers
ask the population being studied.
Project TALENT , a major 20-year
longitudinal study of high school students which began with Office
The original
of Education support in 1960, offers some examples.
questionnaire sent out to students recognized that mothers may work
But the questions
and that they may be chief family wage earners.
about responsibilities on the job were limited to fathers' jobs.
The questionnaire also included questions relating "your (or your
future husband's)" salary to amounts of life insurance, savings
and investments. Male students could not include a wife's expected
income; female students could not consider combined incomes of self
and spouse. 61

Another example turned up recently in a draft questionnaire
prepared for another major longitudinal study now in progress with
NCES support. o2 a special questionnaire for those neither in
school nor employed reflected a number of highly unscientific
The researchers assumed that
assumptions about the role of women.
everyone who was not employed and not in school was a full-time
The questionnaire repeatedly referred to
homemaker and female.
"your husband," although there are men who by choice or necessity
Respondents were also
stay home, tending house and/or children.
asked what vocational training they would prefer, and the choices
were all occupations traditionally attracting large numbers of
women:
secretarial, dental assistant, food services, beautician,
child care. Another question asked whether respondents had taken
noncredit adult education courses--courses for credit were not
included, implying that women in the home would not be interested
in academic education for credit.
Fortunately, NCES recognized
the problems with this questionnaire, and it has never been used.
It is a useful example, however, of the kind of biases that creep
into ostensibly "objective" and "scientific" research.

174
Single Sex Studies

Researchers sometimes pick members of one sex or the other as
subjects for study. On the basis of an extensive ERIC search, the
task force found that this practice tends to produce distorted
In the abstracts
information in areas of great importance to women.
surveyed, single sex studies were more than two times as likely to
use males as females.
Seventy-eight dealt with males only and 34
dealt only with females. Again, most of the 34 abstracts on women
did not contain empirical studies, while most of the ones on males
did report study results.

Researchers are also much more likely to use males rather than
In
females as a basis for generalizing about the whole population.
our review of the ERIC files, for example, less than half the titles of
male-only studies indicated that only men had been studied, while
more than three fourths of the titles of female-only entries filed
indicated that only females had been studied.
The tendency of researchers to draw general conclusions from a
study of males is particularly disturbing and particularly prevalent
in research in areas of special Importance to women, or where imporIn the
tant differences can be expected between men and women.
abstracts reviewed, male-only studies focused most often on careers,
Slow
the poor and the emotionally and physically handicapped.
readers, school dropouts, underachievers, the physically fit and
delinquents were also the topics of male-only studies.
None of
Few of the female-only abstracts dealt with careers.
the other topics appeared in female-only studies except delinquency,
which rated a study on "clothing fabric selection" among delinquent
There were no studies of female dropouts, no studies of poor
girls.
or ethnic minority females and no studies of handicapped or underachieving females.

Single sex studies may also reflect faulty assumptions that
"Women
males have a corner on the problem or issue under study:
don't usually work," or "It's really black males who have the
problems," or "Most dropouts are male." None of these assumptions
are true.
Women do usually work, black women are subject to both
sex and racial discrimination and have extremely serious problems,
It is time
boys are only slightly more likely to drop out.
researchers understood that women too have pressing needs and began
effoVding them the same attention as men.
The tendency of educational researchers to focus on males
makes designing education programs that meet women's needs much
harder. A great deal of research has been undertaken on the theory
that the knowledge gained can eventually be put to use in changing
educational practice.
Biased research put to use cannot help but
lead to biased educational approaches,
20

175
From even a brief look at the status of women 1n education, it
abundantly clear that education contributes its share to the
exploitation of women. Through its system of formal education,
society should seek both to nurture young minds and to open doors
On both counts, education is failing
to lifelong opportunities.
the female sex.
is

176

PART

THE HEW MANDATE

Part II describes the relationship between the Federal education
agencies and the pervasive sex discrimination we documented in
Part I.

Chapter I outlines existing discrimination in HEW programs and
necessary steps to carry out a legal mandate to end discrimination
In Federal education programs.

Chapter II presents a plan for creative Federal leadership In
fulfilling the spirit of the laws against sex discrimination.

177

THE HEW MANDATE

Until very recently, sex discrimination in education was
In fact, sex discrimination in the schools
perfectly legal.
attracted little public attention. Only with the re-emergence
of women's rights as a major national issue did sex discrimination in the schools begin to attract serious public attention.

Recent Executive and Congressional action now bars
the Federal government from providing aid to an agency or institution practicing sex discrimination in education--either against
In 1968, a Presidential Order
students or against employees.
called on universities and other Federal contractors to end sex
In June 1972, Congress declared
discrimination in employment.
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
"^
While some instituactivity receiving Federal assistance
tions are exempted, this law extends the sex bias ban to discri-

mination .against both students and employees in almost all
institutions receiving Federal education aid.

wherever
Both Congress and the President have spoken:
That
Federal education funds go, sex discrimination must s.top
mandate poses a tremendous challenge to HEW and to other government
.

agencies with education programs.
Since the myth of female inferiority is part of the basic
fabric of our education system, we can hardly expect sex discrimination to disappear with the stroke of a pen. As with any
progress in civil rights, fundamental change will come only with
vigorous and persistant action.

Responsible Federal agencies must take the lead with a
creative mixture of information and exhortation, incentives and
The Assistant Secretary for Education and the agencies
sanctions.
So
reporting to him must be heavily involved in that process.
must HEW's Office of Civil Rights and other Federal agencies
engaged in education support.

178
CHAPTER

THE LEGAL IMPERATIVE

As we noted, public concern about sex biases in education and
laws protecting the rights of women in education are fairly recent.
It is not surprising, then, to find that the Office of Education
has been distributing Federal aid with no questions asked.
As a
result, much of the serious and widespread discrimination described
earlier is being supported, in part, with Federal education funds.

Together, the two laws banning Federal education aid to
individuals and agencies discriminating against women are
comprehensive:
-- Executive Order 11246, as amended effective
October 1968, bars sex discrimination in
employment among all Federal contractors,

although not among grantees. Contractors
(which include almost all colleges and
universities) must draw up plans both to
correct current discriminatory practices
and to overcome the effects of past discrimination.
Plans must include specific
Violations
goals and timetables for action.
can result in withholding or loss of all
government contracts. ^

—

Title IX of P.L. 92-318 enacted in June 1972
prohibits any individual or institution
benefiting from Federal education aid from
discriminating en the basis of sex, either
against students or employees. All Federal
education funds can be cut off if an institution fails to comply.
There are limited
exceptions.
Religious institutions acting
on religious grounds and military academies
are completely exempted and admissions discrimination is still permissible except in
vocational, graduate, professional and
public coeducational undergraduate schools.-^

179
This chapter explores the implications of these civil rights
It outlines:
laws for HEW.
-- major areas of sex bias directly supported by

Federal education funds;
-- action already taken by a few OE offices to
counteract sex discrimination in programs

they administer;
-- steps the Assistant Secretary for Education
and agency heads reporting to him must take to
live up to basic legal requirements; and

—

steps the Office for Civil Rights should take
to strengthen enforcement procedures.

180
UNCOVERING SEX BIAS IN OE AND NIE PROGRAMS

Chiefly because the agency has not been concerned about the
use of its funds to deny women equal opportunity, OE and NIE funds
In
do directly support discriminatory practices of all kinds.
some cases, these are sins of commission--unequal pay for equal
In others, they are sins of omissions--for
work, for instance.
example, the failure to recruit women actively in predominantly
male training programs.
Below, we cite examples of these biases in several important
areas, from career preparation to curriculum development to
The problems highlighted here are by no means the only
research.
ones, but they are among the most important.
Then, too, the task
force was dependent on program information available in Washington:
these are all program areas where so«e Inforsjatlon on the impact on
women was at hand.

Vocational and Manpower Training
As we indicated in Part I, vocational and manpower training
programs, wittingly or unwittingly, are helping to channel the
bulk of the Nation's female workers into low-paying jobs.
OE's
The agency's programs have reinown programs are no different.
forced, rather than counteracted, a strong tradition of sex bias
in vocational training.
This is true of training programs for
students under the Vocational Education Act (VEA) and for unemployed
and underemployed adults--primarily the poor--under the Manpower
Development and Training Act (MDTA).

OE programs tend to train women for a much narrower range of
occupations than men--occupations which usually promise little
pay, poor chances for advancement, and minimal challenge.
By and
large, male trainees select from a far greater range of training
opportunities, resulting in relatively high paid skilled trade and
technical jobs.

Under MDTA, a recent study discovered that the Department of
Labor's individual referral service, which places people in some
institutional MDTA programs, assigned male trainees to
training
for 177 different occupations; women were only assigned to 12.^
Over half the female students in vocational education are being
trained for support staff office jobs--receptionist, typist, file
clerk, and so on.
half
In MDTA institutional training In 1970,
the women were trained for similar jobs:
clerical and sales.
Sixty-four percent of the men, on the other hand, learned "machine
trades" and "structural work"-- two training categories which
^
bring in considerably higher earnings after training.

181

The differences in earnings these disparities will produce
are tremendously costly to women throughout their working lives.
In fact, the average female MDTA trainee earns less after training
than the average male trainee does before training. ^
A great deal of vocational and manpower training is completely
Separation of the sexes is taken for granted in
segregated by sex.
So much so, that
our. vocational and manpower training programs.
when States were asked to identify their best vocational education
projects serving disadvantaged and handicapped students, 14 listed
7
Annual reports on MDTA from
projects serving only one sex.
1967-70 feature a total of 103 photographs, barely 10 percent
showing classes with both men and women.

Although home economics and industrial arts programs are not
strictly vocational education, sex segregation is a common pattern
The $25.6 million Consumer and Homemaking Education
here too.
program may be supporting extensive sex discrimination, since most
school systems still exclude boys from home economics courses.
While the program has no statistics on how many of its projects ^
actively exclude boys, it does focus chiefly on courses designed
to prepare young women for a dual role as worker and homemaker,
aiid only 7 percent of the program's participants are male.
This year for the first time, vocational education funds can
also be spent on industrial arts courses, which most school disIf industrial arts courses do not open up
tricts close to girls.
to girls, OE may become a direct partner in still another kind of
sex discrimination.
The limited career aspirations many girls acquire early in
life are certainly an important factor in problems of sex typing
But OE's vocational and manpower training
in vocational training.
They have clearly
programs must take their share of the blame.
failed to encourage girls to seek training for occupations promising
In many cases, vocational and
more pay or better opportunities.
manpower programs have actively discouraged both sexes from training
for careers dominated by the other sex.

Career Education
Top OE leadership has generated a great deal of interest in an
important new concept that could tackle sex stereotyped career
expectations early: career education. Career education aims to
completely revamp elementary and secondary education in order to
maximize career options for every student. Since it involves
teaching children about careers from the early school years on,
the new initiative has tremendous potential for counteracting
prejudices concerning women's work roles before they are firmly
developed.

182
Even so, without a conscious effort to prevent sex
stereotyping in children's career ideas, career education will
Girls
simply be a new way of reinforcing the old prejudices.
will learn earlier that they can expect to be stewardesses,
secretaries and nurses; boys will learn earlier that they can
expect to be astronauts and doctors, politicians and carpenters,
draftsmen and business executives.

The task force did find indications that these biases are
already developing in the OE/NIE career education effort:

—

A brochure from one exemplary career education
project, which has become a model for school based career education, says that classes should
"teach us early to respect the work men do. "8

-- Sex
stereotyping is evident in several

draft
curriculum units under development for schoolbased career education. A third grade unit on
retail jobs, "The Supermarket," for instance,
makes it clear that all supermarket jobs but
one (cashier) are men's jobs. Another, a home
economics curriculum designed for ninth grade
girls, only encourages girls to investigate
careers related to home economics.
Sex stereoFor exaaiple,
types perv/ade the entire unit.
when girls are asked about long range goals,
the author lists looking for a part-time job
and going to college to be a preschool teacher
as expected responses.

-- Under another career education
experiment now

underway, employers themselves will provide
students with career awareness, job experience
and training and academic instruction.
Since
sex discrimination is virtually universal in
the employment v/orld, sex discrimination in
the program itself is likely unless cooperating
employers agree to offer both sexes the same
opportunities. So far, no one has noved to
g;jarantee participating female scudents equal
treatment.
The career education program is 'irking on one nwdel that shoul
benefit v/cmen:
the !>cme/ccp»mjnity -abased B?odei aime<i at reaching
in r,;ie honse.
worwn,
Though this rrodel has gotien off
mainly
peopls,
to a slew start, we are >)0^3eful t'mt 1t 7My help wotmert l^ the heme
to entar or re--intar careerj.

183
Educational and Public Relations Naterials
OE, and now NIE, spend substantial resources on developing
educational and training iraterials for national distribution.
Even though the task force was able to examine only a few samples,
In addition to learning
we did find a number of sex biases.
materials, the public information materials OE produces on its
own programs sometimes contain the same kind of biases:
-- OE has funded the
development of an extremely sex

biased career guidance test as part of the career
"The
education efforts now administered by NIE.
Self-Directed Search" tends to discourage girls
from entering skilled trades and technical professions; boys are likely to be discouraged from
entering office and service occupations now
dominated by women. The test draws occupational
preference profiles based on what students have
done or like to do and on their own assessment of
their competencies and talents. A girl who has
nev^r repaired a TV set, taken shop or been
encouraged to believe she has §cientific ability
is likely to be steered away from the largest
group of occupations listed--including forester,
architectual draftsman, barber, air traffic conIn the same way,
troller, jeweler and optician.
boys may be dissuaded from looking into such
fields as English teacher, philosopher and even
foreign service officer.
-- A

workbook designed to teach elementary school
children action concepts shows boys and girls in
sex-typed roles boys are active, while girls are
Girls, not boys, are shown
passive and domestic.
sitting, standing, and sleeping--all "actions"
without movement. Girls ars also the only ones
pictured sewing, washing dishes, cooking, playing
with dolls and sweeping.
Boys, on the other hand,
are shown shoveling, marching, playing with tanks
and cars, fishing, washing a car, painting a
house and flying kites. ^

—

OE's own public information materials have
The most
prod'jcsd similar sex stereotypes.
notable example, the "Career Education" film
produced for OE-sponsored career education workshops, showed women in limited and stereotyped
All supervisors but
female occupational roles.
one were male, and the lower paying occupations
The film nad nien
were ger.erally held by women.
in over 30 different occupations, women in fewer
thc";n 20.
To his cr-2di:, former Comratssioner
Marla.id did recognize tne problem with the film
a.id recalled it for re-editing.
Shortly before^
29

184
OE's American Education magazine had gone to press
with an ad for the film, featuring a photograph of
children in career education:
boys posing as
doctor, policeman and fireman; and a girl posing as
a nurse.

Education Personnel
OE and NIE programs affect employment in education chiefly in
two different ways:
through jobs in agency -funded projects at the
State and local level and through training in our many education
Researcher Training).
personnel training programs (NIE has just one:
By and large, both jobs and training supported by the two agencies
contribute to the overall inequities facing women who work in

education.

Men overwhelmingly dominate the administration of OE and NIE
This is clear from information on project direcfunded projects
tors gathered by the task force; unfortunately, we could not obtain
In almost all of the programs
information on other project staff.
which could furnish data on project directors by sex (approximately
40), fewer than one-fifth of the project directors were female.
.

According to program staff reports, most recent data showed
there were no female directors in the 27 Education Leadership
projects funded under the Education Professions Development
Women headed only:
Act (EPDA) Part D.

—

one out of 18 ERIC clearinghouses,
-- two of the 80 MDTA skills centers, and
-- three of the 106
Language and Area Centers funded
under Title VI of the National Defense Education Act(NDEA).
No regional education laboratory or research and development center
was headed by a woman, and 65 out of 67 laboratory and center program directors were men.

Women seem to be just as scarce in decision-making positions
at the State level, according to the scattered information available.
Here too, in most of the programs for which we did get
statistics, fewer than 20 percent of the State program coordinators
were female. Women represented only:
-3 percent. of the State adult education director?,
-- 11
percent of the directors for Title III of the

National Defense Education Act,
4 percent of the directors for Title I of the
Elementary and Secondary Education Act, and
-1
out of 56 State vocational education directors.
--

In the traditionally "female" fields, the record was better.
Over half of the Right to Read program's 35 State coordinators were

185
For two library programs--Title I of the Library Services
women.
and Construction Act and ESEA Title II--the figures were 42 percent female and 36 percent female, respectively. These statistics
are still disappointing, however, since 4 out of every 5 librarians
are women.

The record in promoting
Opportunities in Personnel Training
equal opportunities in education for women through OE and NIE perAs expected, OE programs are
sonnel training programs is mixed.
generally training women for educational roles already dominated
They are being trained to serve as teachers and paraby women.
.

professionals in elementary and secondary, early childhood and
Men are being trained for roles which they
special education.
already dominate: administration and leadership in education at
all levels, teaching in higher education and research and
development.
A few programs do seem to be contributing to equal opportunities
EPDA Part E serves a higher profor women and men in education.
while
portion of women than currently exists in higher education:
only 1 in 5 facuHy members is female, 43 percent of the fellowships
went to women in FY 1971-72, and a sampling of FY"il969-71 institute
participants indicated that women were slightly less than one- third.
In addition, several of the EPDA programs are bringing more men into
The
elementary and secondary education by emphasizing veterans.
Career Opportunities Program raised the proportion of male aides
And EPDA Part B-2,
being trained from 18 to 39 percent in one year.
in attracting and qualifying new educational personnel, focuses on
mature women returning to work, a group badly neglected by most
This program, however, is being phased out.
training programs.

Despite these gains, the proportion of women is highest in
training for jobs at the bottom of the career ladder (paraprofessionals) and lowest in training for jobs at the top (administration)
throughout OE and NIE education personnel training programs:

—

Several programs funded under EPDA estimated that
women were over 90 percent of the aides or paraprofessionals trained.

-- The
Training Teacher Trainers program (TTT) funded
under EPDA reported that women were 82 percent of
the aides, 69 percent of the teachers, and 19 percent of the administrators trained.

—

Women were a scant 25 percent of the trainees in
school administration under the EPDA Education
Leadership program, according to program reports.
Program staff reported that leadership training
under the Education for the Handicapped Act also
serves mostly men.
31

186
Moreover, many training programs clearly have not been serving
Since training, espewomen in the target population equitably.
cially advanced training, can be the key to professional advancement,
these programs are contributing to a system that advances men more
readily than women, even in fields heavily dominated by women.
--

Though the overwhelming majority of school librarians
are women. Title HEA II-B doctoral fellowships go
In the program's first four years,
mainly to men.
school years 1966-67 through 1969-70, women in the
program received only 38 percent of the doctoral
'^^
degrees.

-- Women have been seriously underrepresented in

vocational education personnel training under EPDA
Part F.
According to program staff, 13 percent of
In contrast,
the fellowship recipients were women.
women are over two-fifths of the people teaching
secondary vocational education^ where most vocational
education staff can be found. ^*
-- Since 1964-65, women have received only 5 percent of

the faculty research fellowships funded under the
Fulbright-Hays Act. This is a small fraction of the
proportion of women on the higher education faculties.
,

Access tp.Eduoation

OE funds help to support the many discriminatory practices that
make it particularly difficult for women to gain access to the
education they want.
In student aid, for example, the ETS study mentioned earlier
found discrimination against women in both the Equal Opportunity
Grant Program and the National Defense Student Loan Program.
Women were over half of the recipients in both programs, but the
mean Equal Opportunity Grant for women was 20 percent less than
that for men.
Despite the fact that women typically receive more
student financial aid through loans than men, women averaged
slightly smaller loans than men under the National Defense Student
Loan program. 12 These differences could not explained by differences
in need, since the study found that male/female income levels were
comparable.
In terms of admissions practices, OE funds go to a variety of
fnstitutions practicing discriminatory admissions policies,
including single sex vocational schools now required in Title IX
to open their doors to both sexes.
In addition, thousands of school
districts which regularly expel pregnant students
participate in
agency-funded programs.

187
Research
Sex biases were common in research and development materials
In fact, two examples of sex biases
examined by the task force.
in research mentioned in Part I came from studies funded by OE:
Project TAtENT and the draft longitudinal study questionnaire to
full -time homemakers (See page 19).

OE supported,
OE has funded numerous studies of just one sex.
for instance, a major study on the effects of dropping out of high school;
only male dropouts were studied. Another study, in the planning stages at
one of NIE's research and development centers, would investigate
influences on the vocational education decisions of male black
adolescents. Aimed at the development of "more effective career
guidance for disadvantaged black youth," this study will shed no
13
light on the career guidance needs of young black women.

ACTION TO DATE

This task force is the Office of Education's first agency-wide
Neither OE nor NIE has begun to
attempt to confront these issues.
act on the new legal mandate to eliminatedbiases in their own proHowever, a few programs have already taken first steps on
grams.
For example:
their own initiative.
-- The Bureau of Adult, Vocational

and Technical
Education (BAVTE) formally warned vocational educators to avoid discriminating against both
students and employees on the basis of sex, as
Sent to State
well as race, color and religion.
and regional staff in January 1972, BAVTE' s memorandum on biases in vocational education
represents OE's only warning to recipients of
agency grants on sex discrimination.

—

The Researcher Training Program, now under NIE,
notified FY 1972 applicants for training funds
that they should work to develop the talents of
women, as well as minorities, industry personnel
and representatives of a wide variety of disThis is an important step, although
ciplines.
the addition of industry personnel and representatives
of different disciplines dilutes the impact of the
statement as an equal opportunity measure.

-- A few offices
report that they have made some effort
The Office of
to review materials for sex biases:

Public Affairs (public affairs materials), the
33

188
National Center for Educational Communications
(materials on exemplary programs and practices slated
for national dissemination) and the Center for
Vocational Education Curriculum Development (vocaThese efforts
tional education curriculum materials).
have not always been effective, though, as the examples
of sex biases in public affairs materials mentioned
earlier indicate.

The Vocational Education Exemplary Programs staff
has urged project directors to make use of pamphlets
encouraging training for girls in traditionally male
occupational fields.

The Higher Education Training Program under EPDA
Part E has established as one of its priorities
programs preparing women for careers in higher
education. Again, this is progress, although its
impact is diluted since this is one of many priorities.
dC^.

The Institute for International Studies {IIS) established
its own task force last summer (1972) to assess the
impact of IIS programs on women.

NEXT STEPS FOR

HEWS EDUCATION AGENCIES

With the enactment of new laws banning sex discrimination, OE
and NIE's first responsibility must be to use all the administrative
tools at hand to eliminate sex discrimination in agency programs.
The Office for Civil Rights will take the formal actions necessary
to secure institution-wide compliance for recipients of Federal
funds.
But tackling sex discrimination in education cannot, must
not, be left solely to the work of an enforcement agency.

While OE and NIE have no powers to press for compliance throughout
an entire institution, they do have sole authority for the conduct of
their own programs.
Since it is now illegal for these agencies to
supply funds to any institution discriminating on the basis of sex,
it is up to them to do whatever they can to prevent direct discrimination under OE and NIE programs.
OE and NIE must notify contractors and grantees about the new
laws, secure assurances of compliance and monitor programs for

189
In addition, both agencies will need
evidence of discrimination.
to use their discretion over project grant programs as leverage
to assure compliance in areas where discrimination against women
The informal pressure and leadership
has been especially acute.
which the Assistant Secretary and his education agencies can
provide, coupled with the case-by-case legal action from the
All of
civil rights office, are both needed to meet the challenge.
these units will need to carry out their complementary responsibilities in close cooperation.

Making the Legal Requirements Known
As a beginning, NIE and OE need to provide explicit instruction
to each recipient of their funds about its obligation to end sex
discrimination. Notices must be placed in guidelines and other
agency publications; applications must be changed to include an

assurance that grantees will comply with the ban against sex
discrimination. Both are already standard operating procedure
for the racial discrimination ban in the Civil Rights Act of 1964.

Simple notification will not be enough; aid recipients will
need guidelines spelling out their concrete responsibilities under
Failure to provide these institutions with specific
the new law.
guidelines has caused difficulties in securing compliance with the
Executive Order. OE has not furnished prospective contractors
with the documents detailing required action:
Department of Labor
guidelines. Revised Order No. 4 or new HEW guidelines just developed
Both OE and NIE must begin to supply these
for universities.
materials, along with regulations and guidelines on Title IX when
available, routinely to all prospective beneficiaries of agency
funds.
Title IX is already in
OE and NIE will need to act promptly.
effect, and FY 1973 projects should not be funded until an assurance
Where program documents have already
of compliance is given.
appeared without these additions, program offices should distribute
addenda at once to make up for that oversight.

Specific written guidance must be supplemented with working
sessions between administrators and HEW staff where information and
concerns about Title IX compliance and enforcement can be freely
That way administrators can discuss precisely how
exchanged.
Title IX applies to their own policies and practices. Title IX
school
workshops should reach a range of education personnel:
superintendents and university presidents, student financial aid
NIE
and budget officers, career counselors and librarians and so on.
should flirect similar efforts to researchers and research directors,
OE should place
heads of regional laboratories and R&D centers.
special emphasis on informing State agency officials, since State
staff will be responsible for monitoring local projects funded
under State formula grant programs for compliance with the new law.

190
Monitoring for Compliance
Once the minimal legal forms and information needs are met, OE
and NIE must Include a check on Title IX compliance in their own
monitoring activities. Many programs do attempt some monitoring-through site review teams, telephone checks or written reports.
Whatever the method, program officers should look at the treatment
of women in each program and take steps to resolve any problems
Here again, OCR should help out by suggesting
they discover.
standards to be used in program monitoring.

Applying Leverage through Discretionary Authority
In addition, NIE and OE must use their discretionary authority to
combat sex biases in program areas where discrimination is particularly
damaging.

Instructional and Informational Materials
As we noted earlier,
both agencies support the development of educational and public
relations materials intended for broad national distribution:
curriculum materials, teacher training techniques, program reports,
To stop perpetuating sex biases in these materials,
films and so on.
NIE and OE should take several steps:
.

Notify developers, both inside the agency
of their obligation to avoid sex biases.
be done formal ly--through guidelines, for
and informal ly--in the course of contract

and out,
This can
instance-negotiations.

-- Produce a
pamphlet on avoiding sex bias as a guide

for developers.
This would serve not only the agency's
own needs for consistency, but also the growing number
of people across the country who are becoming concerned with sex bias in the schools and in the media.

—

Review the products of agency-funded development
efforts for sex biases before they are finalized.
Most
of these materials are already subject to review, either
by the program unit supporting their development or, for
public relations materials, by the Office of Public Affairs.
To insure that materials are reviewed carefully for sex
bias, specific staff people in appropriate offices
should be designated to perform that job.
These people
should be named after consulting withwomen in each
office about which staff members would be most sensitive to sex bias.

In most cases, sex stereotypes can be eliminated without much

trouble.

Changing photographs, revising a story line slightly,
For a
deleting words here or pictures there will usually suffice.
36

191
few projects, however, sexism will be so deeply lodged in the
fundamental concept of the work that the only remedy will be
the "Self-Guided,
complete rejection. We found one such case:
Search" guidance test developed at Johns Hopkins (see page 29)
and urge that support for it be dropped.

Both NIE and OE have already invested
Career Education
If we
substantial energy in the success of Career Education.
fail to use our influence to counteract sex bias in pioneer
career education projects, these "models" and "exemplary programs"
will offer new ways to reinforce outdated career aspirations for
both girls and boys.- Eliminating sex segregation should be
established as a priority under all education and training programs
for careers, and model and exemplary projects should be held
accountable for involving both sexes in all activities.
.

Other related recommendations speak
Other Areas for Action
for themselves; they range from promoting the advancement of women
through training programs to avoiding sex biases in research.
.

Strengthening Title IX
Finally, we propose two additional steps designed to strengthen
Title IX. Title IX covers all Federal agencies supporting education:
the National Science Foundation, the Office of Economic Opportunity,
To
the Department of Labor, the Department of Defense and so on.
We
our knowledge, these agencies have taken no action on Title IX.
suggest that the Federal Interagency Committee on Education work to
get all appropriate Federal agencies moving on enforcement of
Title IX.
We urge the Assistant Secretary to seek an amendment to Title IX
itself, extending its coverage to admissions in elementary and
secondary schools, to military academies, to single sex public
undergraduate colleges, and private coeducational undergraduate
colleges. There is no justification for allowing institutions
which receive public monies to restrict educational opportunities
Both women and men ultimately suffer from this
for either sex.
We have avoided recomnending that admissions to private
practice.
undergraduate institutions be covered, however, since the task
force could not agree on removing the exemption for these instituHalf of the task force felt these institutions do have
tions.
merit, and that as private institutions they should continue to
qualify for Federal aid they may need to survive.

192

REcomemATiONs

Halving the. Lzgat ^.zquuiAejnuvU Knou)n

We fLZcormznd that OE and NIE iuLiy In^o^un potZYVtial and acMial
oi FzdeAoZ zducation OA-d oi thzlh, obtiQatiom to
iJianLnatz 4 ex du^cAAjniniVticn undeA T<XZe. IX and Ex-tcutivz
OfideA TT246.
SpzcA-iicjoULZij , we ^tcoime.nd that:

Kzcip^ianti,

OE and UlE giUdztinzi, fizguJiatLom and otheA
appiopfu.aXz doamzntii be amended to indbxde. a
6tat:ejmnt on Title. IX, P.L. 92-316, and AcqiuAz
appticanti to &ubmlt an a66uAxincz o^ comptlance..
OE and HIE should attach an addejidim to thU
e.^ie.cX to all TV 1973 pfiognxm dacjumzYVtt, already
pfUnte.d uuMioat tfvU 6tateinejvt.

KUi OE and HIE contAact6 and QHanti> oi(^i.ceAA pKovldz
all appticanti ualth deXxulzd In&tAuctlons on theAA
obtigatloni undeA Title IX and Executive OfideA 11246
bz^oAe thzy i^lgn oi^uAance^ o^ compllancz. ContAactoK& should Aeceyive a copy o^ Rev-cAed OndeA No. 4,
Ve.paAtment 0(J laboA giUdellnz& and HEW guideZine^.
All potential aid AeclplexvU should Ae-czlve TiXle. IK
/Legutatloni and guidelines whe.n pubti6h.zd.

We Azcotmend that OE and HIE pAovlde, In^onmatlon and technical
as&l&tance. conceAnlng Tltlz IX and IX& Impticatlom, dlAexiXly
to State, education peA&onneZ, school adnunlt>tAaXofu> and edu-

cation peA6onnel thtougliouX the coantAy.
Aecontmnd that:

Specifically, we

Eacii deputy Commis&loneA In OE and equivalent
Mlthln HIE be Ae&pon&lble {^oA conducting extensive
uooAkihops and con{^eAence6 on Title IX ^oa key State
and local pensonnel in theiA AespecZlve oAeas o^
conceAn. All AeguloA pAogfiam wofikshops and conleAences spon&oAed by the tjoo agencies should
Include bKle^ings on Title IX. These should be
conducX.ed on a. continuing basis as long as sex
dlscAimination Aemalns a ma jo ft pfioblem In educaA specl{,lc peAson In HIE and OE should
tion.
be designated to cooAdlnate each agency's plans
ioA these activities.

The CormUssloneA o^ Education make Title IX a
majoA topic o{, discussion In kis next meeting

193
uiUh tka Cklzi Statz School 0U-icQA6. He 6koaZd
mphciiizt thz Izadejahlp iota the. FzdeJuit goveAnmznZ uUM axpucX thz Statz zduacuUon agznclzA to
ptay In zZimiruiting &zx dUcfUminaXion at thz
Statz and local IzvzZi.

HonitofUng jo A Comptiancz

We nzcormznd that OE and NIE morUXoA. thzAA own p^gnjuu ioft
Titlz IX comptiancz. SpzcLilcaUiy , we Kzcotmznd that OE and NIE
IncJbidz complLancz &tata& chzckd on all fizgul/vi 6ltz izvlzm,
I/.
includlnQ State. managzjnznX >iz\)leao6 conducted undzA. ESEA JiXlz
0E'& Vzpaty CoimiUilonzAj> and zqulvaZznt oi{ricLati, in WIE &houZd
mnk viUh thz O^lcz iot ClvU. Zcght& to dzvzlop fizpofitinQ ioms
and uni^om cuXzAia lo^t moniXofUng comptiancz Atata& In iltz
KzvieiJOi

Lzvz/iagz thAough V4j>cAztxonaAy AuXho^AJty :

InbtAMJctlonal and InjoAmatlon Matz'Uat&

Wz Kzcoimznd that OE and HIE lnt>uAz that all In&tyLuctionaZ and
public fizlaZioni, matzfUaZs dzvzlopzd uuMi OE and NIE {^undi iofi
national diitxibmUon be ifizz 0){ Azx bla&zd. Thli> would includz
caxzzA and vocational matz/Ujal& uszd In modzl and zxzmplaAy
Spzciilcally , wz Azcormznd that:
pn.ognaini>.
a.

GijbidzLinz6, n.zqu.eJ>t6

{^on.

pfiopo&ati^

and othzA.

appfLOpniatz documzntb 6tAZ66 at a condition ^oa
{^anding that matzAijJdU be dzvzlopzd without 4 ex

itzAzotyping.

OUlcz of, Public AUaOu, In coopzAotion with
OE and NIE pAogfum ita^i, dzvzZop a guidzbook conczAnzd with avoiding 4 ex bia6ci> to a&^iit contnactoA&, gAantzzi and agency i>ta{,i in developing
matz/ual6.

0E'4>

OE and NIE dz^ignatz at Izobt onz itaH pzA&on
within zack appAopAiatz pAogAom and f^lblic a^{,aiAi>
oiiicz to clzoA nzw mxtzAiaJU bz^oAz thziA completion and di&6zmination. Tkc&z ita^i pzoplz
should be izZzctzd af^tzA con&ultation with thz
womzn in. thz6Z o^iicz6.

OE and NJE Azvizw zxtsting pAOjZctb ioA 6zx
Aa poAt C($ thi6 ziioAt, NIE &uppoAt ^OA
bia6Z6.
thz "Szli V/Jizctzd SzoAch" guidance 6y6tzm
dzvetoped at Johm Hopkim should be tz/tminatzd.

194
Lzve/uig^ thAough V-UcJiztlonaAy kuXhofUty-

CaA.e.eA

Edaavtion

We ^zcormtnd that OE and NJE Monk togzXheA to oJUmlnatz 4 ex
dLitiCAAjnination -in caAzeA pfizpaJuvtion.
Spejcl^X-oaLiy , we. fitcontmnd
that:
a.

OE and WIE dbtabtUh the. eJLimination oi &zk izQfizqation
a6 one, oi cMAeeA edacaZion'6 majoK goaJU, and empha&^zz
that new) goai -in mateMaZM zxpialyUng the. coAeeA education concept.

Vnogfum guuideJbinti, and otkeA appHapfUate documenti be
amended to emphasize that the eJUmLnation o{^ 4 ex
6cgfiejgatAjon aj> a pfujofUXy <n eduavtion and tyuvin^ng
{^01

caneeA&.

GuldeLinzi) nejciuiAe aJUi modeZ and exempZany pfiognaiu in
coJieeA eduxiatAjon and t/iainZng fieponX tkein. iocceAi i.n
Including itudenti, o{^ both iexei in oJUi exiacation
activitieji .

OtheA

AAexm,

Ion.

Action

— TftaininQ

We fiecarmend that OE and HIE wonk to equaJbize the pfwpo>vU.on ol
men and Momen at aZZ Zeveti and in att oAeoi o^ education thnoagh
VeA&onneZ training pfiogfum guideLinzi, 6houid
training pfiogfuum,.
be modiffied to fieqaiAe appticanti to incMide ptan6 ^ofi incneasing
the numbeA& 0($ mate and ^emaZe poAXicipanti in ^ieZdi w/iete
eiXheA 6ex ij, andeAAepfLeJ>ented oa weZZ oa fiepofit annuaZZy on
pfiogfizi>6 touxvidi) achZzving that goaZ.
Speci^caZZy, we Kexiormend
that:
a.

GneateA numbeAi> o^ women fae tnaZned in a/ieai^ wheAe they
o/ie cuhAentZy undeAAep^zientzd, 6ach as exiucationaZ
adminZ&tAoXijon in aZZ {^ieZdi, tAadzi and indu&tAy in
vocational education, zducaXZonaZ fizt>ejxAch and deveZopmenX, educational tzchnology, the hoAd" 6cienceJ> and in
otheA appfiopftiate oAeoi.
'

fa.

mmbeA6 o^ men be ttained ^ox employment in
enXAy level po6iXion6 in aAeji& uke/ie they a/te auoientZy
andeAnepfizsented, 6uch a6 eanZy chiZdhood education,
eZementoAy exiucation, spzcZaZ educatZon, home economics,
bui>inzi>6/o{^{fice education, the health pfioiej^sions and in
In addition, g^zateA numbzu
otheA appKopfUatz oazoa.
o{, men should fae tAainzd as poAapAo^essionaZs in alZ
GfiejxteA

iizlds.

195
OtheA AAtcLA joK Actio n--?Ko {tat Kdmlni&tAaXion

We n-zcormand that 01 and HIE pnomotn thz ln\}ot\jm<Lnt oi women
top poiltlom In OE-and hlJE-iunded pKojuaU. SpzciilaiXZij ,
we ^zcotme.nd that:

Ivi

OE and NIE amznd giUdaZlnzi> {,ofL di&cAztlomKy pfiogiam
to fizqaiAZ that appticanti {^oi {,and6 iubmU data on
tltlz, 6alaAy and fiupon&lbAJUtltti oi top pfioJexU
6ta{i{, by 4ex.

OE and HIE Kovlm that iniowation {^oA tvldencz o^
dl&cAAjnlnatlon and mjgotijatz bzf^oAz {^undlng {^on. thz
cofiAzction Oj$ any A.nzqiuXiz!>
.

In all pKoqnajn guA,dzLLnz& and othzt oHlcJM pKog/um
dociimznt6, OE and WIE zmphai^lzz tkzAA -LtitzAZAt In
KZCzlvlnQ appticatlovU) ifiom womzn and ^ok pn.ojZcX6

dUAZctzd by Momzn.
d.

OE and NIE, woAklng uiith loomzn'i onganA^zaXlom,
zncoiitagz uoomzn to apply ^o^i dlscuztionaJiy pfiognxm
Womzn'i ofLganizationi &houJid be Inciludzd on
^ands.
appnopnJjotz maxLing tUti> ion appticaXion notl^cation and guidztinz diitAyibation.

OthzA. Ka.zoj> jon Actio n--Rz6zaAck

We A.ecormiend that OE, NIE and thz A^i-UtanX SzcAzta/iy ion
Planning and Evaluation (ASPE) nzvlew ion 4 ex bla6z^ all
nz&zanch Instnumznti to be a&zd In zdacatlon 6tudiz& thzy
iund.

We nzcommznd that OE, NIE and ASVE In&cJtz, bzionz ianding
zducxLtion nz^ZjOAch pkojccti, tiiot pnojzcti itudying pzoplz u^z
Exe.zption&
&cmplz6 oi both 6zxzi, and nzpont nz&ulti by 6ZK.
ihouLd be madz only uoiizn thz Inionmation nought l& aiyizady
availablz ion onz 4 ex on whzn a ttudy l& zxpticltly dulgntd
to Aznvz thz goal oi zquatity oi thz 6zxz6 and 6pzcZaZ clncumtancz& nzqtuAz a onz-&zx -itudy.
Spzcyiiicatty , we nzcotmznd that guldztinz&, nzqaz&tA ion
pnopo&alb and othzn appnopniatz documznXi itatz thz condLtiom,
undzn which onz-i>zx itadizA onz pznmiiitiblz and nzquzit that
anyonz applying ion iandi ion iadi a 6tudy pnovidz a
j 06 tiiication.

196
St/izngthtnlng TiXtt IX

]0'

We nzcormznd that

tho. fzcLznaJL

InteAogzncy Cormitttz on

Edaccutlon e.x.plofiZ tka Ajnptiacutionii o^ T^utZe. IK {^ok othtn.
ftdeAOJL agznclu pnovZcLiyig zduccution a&A'i&ta.ncz and

zncouAOQz tho&a OQ^nCyiu to take, thz mcUAO/iy action
to eniJoAce Ttttz IX.

We fitdormznd that thz k6&l6ta¥it SzcAzta/iy {^oK Edacjatlon
6t/Longly uAqz thz amzndmznt o^ TiXlz IX to covzA adml66toni,

in zZemzntaxy and izcondoAy ichools, nUZitaAy acadzmlz6,
6tngtz 6ZX pubtic andeAQfwJduatz cotJLzgz& and pfUvatz
cozducationaZ undeAgKoduatz colZzgz6.

197
NEXT STEPS:

THE OFFICE FOR CIVIL RIGHTS

The Office for Civil Rights (OCR) already handles Executive
Order enforcement in higher education institutions. Title IX
expands its sex discrimination enforcement authority to institutions
of all kinds receiving Federal education aid, with very few
exceptions.
OCR's work is absolutely critical to the effectiveness of any
The Office interprets
civil rights law applying to HEW programs.
these laws through regulations and guidelines, conducts on-site

compliance investigations, negotiates with institutions found out
of compliance and notifies HEW agencies to terminate funding if
contractors or grantees refuse to comply. Clearly, the impact of
anti-sex discrimination laws will depend largely on how effectively
OCR carries out its job.
Executive Order Enforcement
So far, the record in enforcing equal treatment for women in
employment under the Executive Order has been disappointing. The
Executive Order itself and enforcement efforts have proven weaken
chiefly in two areas: accountability and compliance standards.

Unless the government conducts a compliance
Accountability
investigation, a contractor is not accountable for its efforts to live
While they are required to develop an
up to the Executive Order.
affirmative action program detailing plans to eliminate sex (and race)
discrimination, contractors do not have to submit them to Federal
officials; public agencies and small contractors are not even required
In fact, compliance investigators have
to put them into writing.
found that many contractors that are required to put their plans in
writing do not bother to do so, since they do not have to submit them
The government neither approves affirmative action
for approval.
programs nor monitors progress in carrying them out as a routine matter.
,

Only if the enforcement unit (OCR, in HEW's case) decides to do
compliance investigation does an institution have to answer for the
adequacy of its affirmative action program, or its efforts to live up
to it.
Investigations are costly and time consuming and only a small
minority of institutions do undergo such an investigation. Trying to
enforce the Order without routine review of all affirmative action
plans would be like trying to achieve school desegregation by telling
dual school systems they must desegregate, asking them to devise their
own program (either written or unwritten) and then assuming that
desegregation has occurred.
a

In addition, OCR has been slow in
Compliance Standards
It
developing and promulgating specific standards for compliance.
took four years after coverage of sex discrimination was added to the
Executive Order for OCR to come out with guidelines dealing with sex
OCR has also failed to develop
bias in higher education institutions.
.

198
uniform standards to guide its own personnel in compliance reviews.
Investigations are handled by regional office staff, and procedures
and compliance standards vary from region to region, from institution
Not only does an absence of uniform standards frustrate
to institution.
effective civil rights policy, it is unfair to any institution making a
genuine effort to comply with the Federal government's equal employment
demands.

Enforcement of Title IX
Hopefully, Title IX enforcement will be more vigorous than
efforts to (fate under the Executive Order. Of course, it is still
We must make clear, however, our concern that OCR
too early to tell.
move promptly and decisively on Title IX enforcement. Regulations, now
under development, must be specific enough to give educators a concrete
understanding of what is expected, especially in terms of sex discrimination against students which the government has never before tackled.
Detailed guidelines need to follow just as promptly.
OCR will need to provide regional offices with clear and uniform
procedures for investigation and enforcement. We urge a special focus
on sex discrimination at the State level, since State education
agencies, with administrative responsibility for much of the Federal
aid funds, exert a great deal of influence over the way local school
districts spend their funds. We also strongly advise that the enforcement of Title IX to be carried out in coordination with efforts under
the Executive Order.
Not only would that minimize duplication of
efforts, it would also ensure that each investigation covers discrimination against both students and employers.

Discrimination in OCR Staffing
As a law enforcement agency, the Office for Civil Rights has a
OCR's
special obligation to meet the standards it sets for others.
record in hiring female professionals is appalling.

Women are only 11.6 percent of all OCR professionals GS-13 and
In the mid levels, OCR employs 77 GS-13's--7 are women; 59
GS-14's--8 are women; and 31 GS-15's 4 are women.
over.

—

199
The Office for Civil Rights is charged with guarding the rights
of women under billions of dollars worth of HEW grants and contracts.
Minority groups have argued for a long time that full minority
By
representation is the key to energetic civil rights enforcement.
the same token, rights of women in HEW programs can only be protected
if women have an equal share in senior and decision-making positions
in the Office for Civil Rights.

RECOmEWATIOMS

12.

We fizcjormand that HEW* 6 O^^tcz ioK Civil JU^hXi it/izngthen Iti,
p^oceduA.t6 ion. holding cont/uicton^ accouyvtablt iofi compti/mcz
to Exzcutivz OndoA 11246.
Spzcii-Lcally , Me. recommend that
HEW giUdzlinu A.e.qiUAz cont^actonj) to iuimlt OiK/JmatlvQ.
acjtion plam ^ofi appncval u}keXheA on. not a zompllancz n.e.vlew hai>
been madz; piaru> &houJid bz acczptzd oA iZjZcXzd uiUkin th/tzz
month& a^tzA i,ubml&.ilon.

Title. IX EnjoKczmtnt'

13.

Compliancz StandaAd&

We fLZcormznd that thz O^iicz ^on Civil Righti dzvalcp itAong
uni{,oftm pfwczdjnAZ6 ioK invz&tigating izx di/,cJumiyiation in
zdacMtion.
Spzci^^cally wz fizcjormznd that',

OCR dzvzlop a. AtandaAd pAoczdwiz ion collzcXing and
zvaluating inionmaXion at dz^inzd intzAvali on thz
comptiancz 6tatu6 o{, ini>tutution6 undeA Titlz IK
and Exzcutivz OnAeA 11246.

Invz6tigation6 iniZiautzd undzA Exzcutivz On.dzA
11146 bz coAAizd oat in conjunction with invz&tigationi initiated undzA Titlz IX.

Titlz IX Enjonczmznt:

14.

Statz Education Agzndz&

We xzcotmznd that thz O^icz ^oA. Civil 1Ught& voofik ditzctly vnitk
zach Statz to oveAcomz pKz&ent inzquitiz^ zxpzAiznczd by womzn
in Statz education agzncizi. Spzciiicalty , u)z'>Azcormznd that
OCR 6zt thz investigation o^ Statz zducation agznciz& as a
pfiioAity undzA Titlz IX zn^oAcesnent.

200

CHAPTER II:

BEYOND THE LEGAL IMPERATIVE

Administrative action to enforce the legal ban on sex
discrimination is only the first step towards achieving equality for
women in education. Over time, we must work for fundamental change
Ultimately, the fight for change
throughout the education system.
must be won in every school district, in every college and univerIn that struggle, the Federal government's principle contrisity.
bution must be leadership, since government can directly affect
only a small share of the Nation's education resources. We look
then to HEW as a catalyst for change.
This chapter outlines the most important leadership roles HEW's
"House of Education" should play:
public education, helping students
and teachers to explore new roles for both sexes, fostering new
educational approaches and knowledge building.
Finally, it lists the
internal management changes the education agencies ought to make if
they are serious about championing women's right to equal educational
opportunities over the long term.

201

EDUCATING THE PUBLIC

There is remarkably little understanding, either in the education
community or in the public at large, of the serious barriers to
If education instituequality women face today throughout education.
tions all around the country are to begin removing those barriers, many
more people--inside the education system and out— will have to appreciate the problem.
The Assistant Secretary for Education and the agencies reporting
to him have substantial public information resources at their command.
Through press releases and reports, articles and films, program and
public affairs staff generate a steady flow of information on education issues of national importance.
Top agency officials are con-

stantly in demand for speeches and other public appearances; both the
Commissioner and his Deputies had extensive speaking schedules last
year.
All of these information resources can be put to work building
public awareness of the inequalities women experience in education.
In OE, a few efforts have already been made:

-- The Commissioner early in 1972 issued a strong
statement on the educational rights of pregnant
He said:
students.

Every girl in the United States has a right to
and a need for the education that will help her
prepare herself for a career, for family life,
To be married or pregnant
and for citizenship.
is not sufficient cause to deprive her of an
education and the opportunity to become a contributing member of society.^^
The U.S. Office of Education strongly urges
school systems to provide continuing education
for girls who become pregnant.
Most pregnant
girls are physically able to remain in their
regular classes during most of their pregnancy.
Any decision to modify a pregnant girl's school
program should be made only after consulting
with the girl, her parents, or her husband if
she is married, and the appropriate educational,
medical, and social service authorities.

202
Further, local school systems have an obligation
to cooperate with such other State, county, and
city agencies as health and welfare departments
and with private agencies and physicians to
assure that pregnant girls receive proper medical,
psychological, and social services during pregnancy and for as long as needed thereafter.

The needs of pregnant girls are but one aspect of
our concern. Young fathers also require assistance to enable them to meet the considerable
responsibilities which they have assumed. We
shall continue to emphasize in all aspects of our
concept of comprehensive programs for school -age
parents, the problems, the needs, the resources,
the processes, and the program activities which
wi 1 1 serve both young women and young men experIn so .
iencing or anticipating early parenthood.
doing, we also serve the children involved, and
intend to promote a more successful "services"
integration model" for them— a strengthened family
structure.
-- OE
just sponsored a conference on sex role stereotypes in
Conducted
the schools, held Thanksgiving weekend, 1972.
by the National Education Association, the conference

attracted participants from various segments of the education community and the concerned public.
-- The
agency is sponsoring a portable exhibit on school -

aged parents, dramatizing the problems these young
women face and the need for services to parents of both
sexes.
-- The December 1972 issue of American Education , OE's own

mass circulation magazine, carries a lead article on
the laws banning sex discrimination in Federally- funded
programs.

These are excellent initial efforts, yet the Education Division has
barely begun to use the public information resources it has availThe Commissioner delivered 35 major addresses over the last
able.
school year, the Deputies among them many more.
However, no top
agency official has ever delivered a speech whose primary focus
was a fundamental civil rights issue affecting half the population:
equality for women. 15

203
Top level leadership is needed to emphasize the seriousness
In addition, OE, NIE
of the inequities facing women in education.
and the Assistant Secretary should use other media at their command
to increase public awareness.

RECOmENVATlOhiS

Eduxuvting tkz fubtic

/5,

We -tecommend that thz A^&'Utiint SzcJizXafuj ion Education, thz
Cormli,i,lonzA oi Education, thz VXAzctoA. 0|J NIE and thzAA
fLZdpzcZivz Vzputlzi, 6houZd oA/tangz to ipeak 6e(Jo>ie feet/ natconaZ
education gfioupi on thexA fte>i>pon(,-ib,ititiz& ^ok ending
Vofi zxxmpZz, we 6uggz&t that:
dJj>cAAjnincLtofiy p^icLcticz6.
a.

fa.

Thz A66Aj,tant SzcAztoAy ^on. Education 01 thz ComnuM&ionzA ol
Education addA.z66 a con{,eAzncz
thz majOfi book pubtl6king
oj
ai&ocAjOtioYU, on OE'6 conczAn vuMi &ZX itzAzo typing <m
zducatlonat matznJjitt, avid it6 z^^zct on thz 6tatu6 o£ womzn
in zducation.
Thz VtnexitoA 0^ hlJE'6 CoAzzA Education Ta&k Eoficz and thz
Vzputy CorrmM&ionzA ioK OccupationaZ and AduZt Education
6pzaJz bzion.z thz AmzAtcan Vocationat Association and othzA
kzy vocational groups on thz mzd to zncowiagz young mzn
and women to zxpZoiz. thz zntiAz nangz 0^ vocationat
oppoKtunitizs
.

16.

Thz Aisi&tant SzcAztoAy {^ofi Education on. thz CormiaionzA 0^
Education discuss thz dztAAjnzntat zHzcXs 0($ inadzquatz
counszJLing on ZouiZAing ^z/natz caAzzA aspitations bz^oAz thz
nationat mzztings o{^ szcondoAy school counsztoKS.

We Azcormznd that thz O^^icz 0^ Public A^^aiAs usz thz Aangz ol
mzdia at iXs disposal to zxpand public consciousnzss 0($ thz growing
stAugglz among u)omzn to szcjuaz zqual oppoAtunitizs in zducation.
Spzci{^icaUiy , we fizcoimznd that:
a.

OVA {joohk Mith pKoghjom o^^icials to pfwdu.cz a docxmzntaAy £ilm
ioA public distAiiation on voays zducation can hzlp women to
bfizak tAodttional szx boAAizAs in voAious occupations at all
Itsjdis.

204

fa.

OPA. oKQanlzz an txklblt on. voom^n and iex d^cjusnlnaution
in zducaXion {,0^ U6Z aX zdacjOition conieAzncu and at
gatheAZngi 01$ u}oimn'6 fUghti g/Loap6. Tkz exhibit mlgkt
pKemloAz In the. Oi^Jx-Z ol Eduaation' & maun lobby, arid ^oau
poAticuia/iZy on TiXZe. IX, i>ZKUm i.n caAzeA t/uUning, aJnd.
4 ex 6 t£Azo typing in zZejne.ntaAy &choot cjuJifiicxiZa.

In coopanxition uicth the. OUice. {^ofi CiviZ Ziaht& in HEltl,
OPA dzvelxjp and di66ejninate. a oamphleX. to ^<i- gejneAal public
on tqiM pfiotexiting {jnomzn* i Kignti, to exiuat oppofUunitie^ in
zducation.

AmeAiaari Education continue, to pubti&h anXictzi> to

available in ftepfiint io>m on the
in educatix}n.

fioteJ>

and

be.

pnogfizt,& o^

made
women

205
EXPLORING NEW ROLES FOR WOMEN AND MEN

If schools are to take the mandate to eliminate sex biases
seriously, they will have to discard many outdated attitudes, practices,
and educational tools.
Teaching techniques, textbooks, films, and
guidance tests will all need basic revisions.

Unless OE and NIE take the initiative in developing replacements
for these antiquated teaching tools, educators will have nowhere to
turn when they begin trying to overcome sex biases in the classroom.

Accepting the challenge will mean much more than merely producing
It will demand new materials and learning approaches
neutral materials.
which explicitly address the problems of sexism and help teachers and
students to cope with them.
The task force unearthed only one instance where OE has supported
this kind of initiative--A curriculum unit designed to dispel traditional
myths about women's roles in the work force. Aimed at secondary school
girls, the unit provided students with information on occupations and
on women's expanding role in the work force.
Unfortunately, the Ohio
State Center for Vocational and Technical Education produced this unit
quite independently of the curriculum development for the school-based
career education model. The Center has not yet adapted it or any
other materials like it for inclusion in career education curriculums.
OE and NIE should continue supporting the development and
dissemination of materials to help boys and girls understand the right
of women to equal vocational opportunities and the underlying causes
of job discrimination. At the same time, they should see that all
model career education programs include components on the role of
women in the work force.
In addition, OE and NIE should focus development and dissemination
resources on curriculum and guidance materials which encourage
students of both sexes to explore new roles, and on teacher training
materials which aim to help teachers avoid biases in their dealings
To assist educators, teachers and citizens concerned
with students.
about sexism in the present curriculum, OE should disseminate a
bibliography of unsex-biased curriculum materials.

206

RECOmENVATJONS

ExptoKinQ New RoleJ> jo^

(7.

(i/omen

and Men

We -recommend that OE and NIE {^oiteA tddicjvUjonat appKoachoM
oi both AexeA to oxpZxtKz new fLotu.
Spzcl^caZZy, Mt ftzcjormcnd that:
vohixih znaou/iage. ciUZdn.ejfi

OE and WIE jjund the. dzvzZopmznt 0(J cdacatlonaJt and galdancz
ttckniquQM and mateAAjxtt, dej^'ignzd to encou/iage itudantA to
txpZofLQ, new fioZe^, poAticalaAly In zduxuUional axejJM itAioAe.
Aex d^sc^ujninatlon li, e^pzcUaZZy &t/ionQ, at> in catee/t.
QAuxmtloYi and guidance testing.

OE iiuppofit the develx}pment and di66ejnination o^ t&acheA.
In addition,
fualYiing mateAi£Lt& on avoiding &ex bijue^.
we fLZCormiZnd that OE and HIE peA&onneZ Piaijfiing pfiogfum

guideJUjiu be amended to encouAage piajZCjU to
inctude tn^aining in oveAcomlng 6 ex biaj,t&.
c.

OF deveZop and dl&ieminate a bihliogAaphy o^ am, ex- biased
mateAiat& appfiopiijoXe {oft school use, e^peclaiZy at the
eZementa/iy and secondary levels.

OE and WIE insuAe that aU. modeZ and exemplany cxuieeA
education pfiojecXs include inst/iuction that expticijtZy
add/izsses the problem o^ s ex- steAeo typed occupations and
dispels myths about women in the. vooAk {^ofvce.

207
SERVING WOMEN'S SPECIAL NEEDS

No one should be denied an education simply because she—or
he--has chosen to raise a family.

Yet, education is out of reach for many women with family
responsibilities not because of active sex discrimination— but
because educational institutions do not provide the special services
these women need to pursue education or training.

These problems, already summarized in Part I, are not susceptible
to enforcement measures.
Positive, not punitive action is called for
to secure special services and new educational improvements compatible
with these women's needs. With a modest redirection of resources, OE
and NIE can do a great deal to expand educational opportunities for
women with families.

Action to Date
OE-NIE programs have supported scattered efforts to open up
education to women with special needs:
-- The home/community-based career education model,
mentioned above, will use the mass media to help
unemployed adults in the home (chiefly women), take

advantage of community career education resources.
NIE is now funding the model's development.
-- The Adult Education Program offers part-time

One project, "Armchair Education,"
basic education.
reaches into the home to motivate prospective students
to take advantage of educational and other community
resources.
-- Title

I of the Higher Education Act supports several
projects serving women seeking continuing education
and training.
Eight projects funded in FY 1971
offered counseling services and skill training to women
However, these efforts remain
reentering the work force.
limited, and projects have not been evaluated for their
effectiveness in meeting women's needs.

-- Local

school districts have opted to use funds from
several programs for special projects for school -aged
In addition, OE is lead agency for a standing
parents.
Interagency Task Force on Comprehensive Programs for
School-Aged Parents, whose mission is to marshall federal
resources for teen-age parents.
53

208
Next Steps
OE and NIE can do much more in using existing program resources
to promote expanded educational opportunities for v«)men--and men--for

whom raising a family create special difficulties. The two agencies,
along with the Fund for Improvement of Postsecondary Education, should
act now on several fronts.
Child Care
Currently, no OE programs specifically authorize
program funds for child care, although it is possible that some program
funds such as ESEA, Title I, are supporting student day care services
Title I and the Follow Through program will pay for
at local option.
babysitting costs necessary for parental participation, but this is
the closest OE has come to actively offering the child care
assistance needed to enable parents to participate in an agency program.
.

Spending program funds for child care is not 5 new idea. Most
of the Federal poverty-oriented training programs— Including WIN, Job
Corps, JOBS, Neighborhood Youth Corps, Public Service Careers , and the
Concentrated Employment Prog ram- -permit grantees to pay for trainee
child care.
We urge that OE permit local projects to use program funds to help
needy parents shoulder child care costs on a sliding ir.come scale,
either by providing child care services or through payments for such
services.
Although we don't expect this option would be used widely,
it would pemlt program staff to use funds for that purpose should the
need arise.

OE's efforts on behalf of these
Serving School -Aged Parents
First, special projects
young people have had several shortcomings.
funded by OE often segregate pregnant students in special classes,
whether or not they prefer regular classroom instruction. Second, in
the program with the biggest stake in keeping school-aged mothers in
school. Dropout Prevention, only three out of 21 projects have
components serving pregnant students.
Third, except for these three
projects, OE has not supported interagency efforts to focus HEW
resources on school -aged parents by setting aside discretionary funds
OE should assure that its initial commitment to
for that purpose.
serving these young people is carried out by identifying specific
program resources to be used.
.

Because OE and NIE programs mirror existing
Part-time Study
practices In recipient institutions and because program administrators
may not appreciate the demand for part-time study, projects we assist
usually conform to traditional full-time education patterns.
OE-and NIE -funded vocational and graduate education programs are mainly
full-time.
.

209
OE and NIE can use their service and training programs as
leverage to expand part-time opportunities throughout the education system by requiring that all such projects make provision
for part-time students.

Recent changes in student aid legislation may make it easier
for women to secure an equal share of Federal student financial
P.L. 92-318 opened all student aid programs to students
aid.
If this authority is used,
attending school at least half-time.
it could benefit women with children who seek higher education on
Student aid officers may be reluctant to aid
a part-time basis.
part-time students, however, and OE should encourage these officers
to make full use of the new authority.

Accommodating Other Programs to the Special Needs of Women .
OE and NIE should Identify women wishing to continue education
or training as a special target group in programs currently
serving adults: not only in adult education, but also in personnel training, manpower training and postsecondary education
Women with family responsibilities have been largely
programs.
excluded from these programs, and only a visible emphasis on
projects serving their needs is likely to produce different
results.
Two new program authorities are particularly well suited
P.L. 92-318 authorized the creation
of Educational Opportunity Centers serving low-income areas, to
provide information on student financial aid, help in applying to
institutions of postsecondary education, counseling and tutorial
For women cut off from the usual sources of information
services.
and advice on student aid opportunities, these centers could be an
invaluable source of information. The same law also authorizes a
ten percent discretionary set-aside of the HEA Title I Community
Service and Continuing Education Program for special projects
exploring solutions to problems of social change. These funds
should be targeted on developing model programs for women returning to education and work.
to reaching this population.

The Office of Public Affairs program for disseminating information
to the public on priority education issues could be extremely useful
in reaching women in the home with relevant information on education

and training.
For example, OPA has been distributing "25 Technical
Careers You Can Learn in 2 Years or Less" as part of a career education
The Office can use similar techniques to reach women— with
effort.

210
information, for Instance, about student aid and about exploring the
The Women's Bureau in
types of occupations now opening up to women.
the Department of Labor has put out an excellent series of pamphlets
designed to do Just that ("Why not be an Engineer?"); such materials
could be Bsed in an OE information campaign aimed particularly
at younger women.
Finally, experimentation with entirely new approaches to education
responsive to life styles of women raising families is sorely needed.
The home ^onuiupity -based career education model is one step; others
are needed to meet the needs of women getting an academic education
The Fund for the Improvement of Postsecondary
of various kinds.
Education, NIE, and OE have complementary responsibilities for
fostering major educational change. They should be working together
to see that education begins to serve the long neglected population
of women who want both a family and more education.

RECOMMEWPATIOWS

Ckild CoAz and SeAving Sckool-Age.d VoAej/vU
IS.

We Azcommznd that OE, NIE encouAag&. educAtlonat Znitltuutioni
to pfiovyLdo. oppoitujfiitiu {^ofi pan.<Lnte> naottYiQ cfUtdAen to potAoe
theAA e.ducxition. Spicl^catty, we -tecommend that:
a.

cnAe, be mode am. attowabte co6t -in oJUL pfiogAomi
[ZncZudLng Cjonit/uiction p^gham) &eAving pzoptz oi
OE ihouZd xzcoimend new lejg^alatlon
cIviZd-bejaAlng agz,
uihoAz p^oQfum galddbuiu, cannot accomptUh thu.

Vay

OE 6eX a&idz

cut

tzobt two mlZtion dolZau

^om

duUcAZtionaJiy

monlii6 {,ofL pKojtcX6 to 6uppoKt the mfik oi the. Jntziagency
Ta&k ToHjcz on. Compfiehen&lvz VKognam ion School- Aged-PtuiejvU.

VaAt-TijmQ. Studij
19.

We fizcomnend that OE and NJE pnomote panX-tone itudy oppottuKLtieJ)
^0^ voomejn. fLetu/iKcng to educxvtion. Spec^^caiZy, u>e Kzcoimejvi that:
a.

OE and NJE Zn&uAe that poAX-tanz itudznti oAz admiXted to
p^ojzcti funded undzA. poitAzcondoKy and othzA p>wgfam&
OE &houZd fizcormznd tzg-Lslation to accomptL6h
6eAV4,ng aduLt&.
thlA vohzAz aX cannot be acJvLzvzd thfiough giUdzLinz changz&.
56

211

StadeMt old pftogfum QiM.dzLinti> uAgz Zn&tiMjLtloyit to makt
VadeAoZ. (,A.na.n(UaZ cud avcuilaJblz. to haZf^-tanQ. 6tudznti, In
pfiopofttion to theyUi

tnKoWnznt

Accoimoddting OthzA Vkoquoju to
10.

2.f

the.

6tudejit body.

Spzclal HzexU oj Women

We KexLormznd that OE and HIE galdztinej> ^ofi pfwgAom cUmed at adutt6
ttatz that pAojZcti ^>zAv-ing womzn uxi&king to continut thexA
In addition, thz
e.dacxutLon fae given ipz(uaZ con6AAeAXLtion.
Educational Opportunity CejiteAi e/>tabli6hzd undeA P.L. 92- SIS
should ide.ntii^y thi& population oi a 6p&ciaZ toAget g/ioup, and
Title I 0^ the HlgheA Education kcX should oAe iti dUcAetionafLy
6et-a6ide to iund model pn.ogAam6 ^enving tJii& gnowp.

We fiecormend that the O^y^ce oi Vublie matfu unde/ttake a pubtic
ieAvice in^ohmation campaign publicizing neui oppoitimitieb ^oa
women in education th/iough radio and televiiijon 6pot& om uieXZ.
For example, we 6ugge&t Xkat:
ai> through printed materlaJL&.
a.

fa.

22.

Ivi thi.

OE make u&e o^ the excellent materiali already developed
by the Women'i Bureau at the Department oi Labor to
encourage young women to enter male- dominated proie&6ion&,
and cooperate Mith the Women'^ Bureau in developing new
materials.
OE direct information on student financial aid to voomen
in the home loho plan to return to education or employment
training a^tet 4,everal year^' absence.

We recoimend that OE, WIE and The Fund ^or the Improvement o£
?o4,t&econdary Education experiment uUth new educational approaches
uiith a potential ^or expanding opportunities ior women in both
academic and vocational education.

212
BUILDING OUR STORE OF KNOWLEDGE ON WOMEN IN EDUCATION

At the national level, OE and NIE bear chief responsibility for
building our store of knowledge about women in education in the United
States.
Between them, the two agencies should be gathering national
statistics on the status of women as students and employees in the
education system, evaluating the impact of OE and NIE programs on
women and supporting research on sex role development and sex
discrimination.

Collection and dissemination of educational statistics have been
With the
part of OE's basic mandate since its creation in 1867.
enactment of the Cooperative Research Act, OE also took on responsibility for supporting research and development in education. This
year OE turned responsibility for educational research and development
over to the National Institute of Education.

Collecting Information
With respect to collecting information on women, OE has not
fulfilled its oldest mandate. Despite growing concern about sex
discrimination, information comparing the status of men and women in
Few national statistics have been
education is still limited.
collected to supplement piecemeal information on sex discrimination
that has come to light in recent years.
In addition, OE has gathered
only scattered information on the status of women in its own programs.

Accurate information on women in education is essential to
education policy makers and interested citizens in determining the
extent and degree of sex discrimination supported by our educational
In turn, agency officials will find it difficult to
institutions.
identify and overcome sex discrimination in their own programs without
accurate information on their impact on women.
OE does collect a wealth of national
National Statistics
statistics on education, most gathered by the National Center for
Educational Statistics (NCES). Over the last year and a half, NCES
has moved to collect more information comparing men and women, so
that now 25 out of 55 of their surveys collect data by sex.
.

While it is encouraging that NCES is beginning to recognize the
need to increase its store of data by sex, these efforts will not
satisfy the need for information on women in education. Data on the
salary, education and employment histories of staff in elementary
and secondary schools need to be collected by sex, as well as information on the number of single sex vocational schools. These are
information on comparing the participation of
just two examples:
males and females throughout the education system is needed to
improve our ability to assess progress toward equality for women.
58

213
Adding new sex breakdowns to current surveys will cost money and
However, this
demand more effort from our educational Institutions.
is a small price for information which is essential to solving basic
inequalities between the sexes.
OE and NIE do not systematically collect statistics
Program Data
on the impact of their programs on men and women.
Many programs
collect no data on the number of participants by sex, even in areas
where sex biases may be expected, such as in several of our vocational
.

education programs.
In addition, programs which accept applications from individuals,
such as fellowship and student aid programs, collect no data on the
Nor do they record the amount of award
number of applicants by sex.
by sex, despite the ETS finding that women do receive smaller awards
under student aid programs.

Information on women in the admiiistration of project grant
programs is even harder to come by; programs rarely have data on
In fact,
project staff below the level of project director by sex.
a sex breakdown on project directors themselves can only be obtained
The
by counting male and female names, a highly unscientific method.
situation is similar in State grant programs: usually only the State
program coordinator's name is known; data on the proportion of
females on the State staff are not collected.

Evaluation
Besides collecting basic statistics on women in agency programs,
OE and NIE should begin to use formal evaluations to assess program
impact on women. Many of OE's evaluations do collect data by sex,
since evaluators expect programs to have different effects for male
and female participants.
However, when evaluators find differences in a program's
effect on males and females, they do not explore the reasons and can
offer no advice to administrators on changing the program to balance
its effect on the sexes.
This fall, the Office of Education and the Department of Labor
are cooperating on an evaluation of MDTA training programs on women.
The study is designed to examine the effectiveness of MDTA in preIt will
paring women for entry and re-entry jobs in the labor market.
model of the thorough evaluations we should be funding
serve as a
It
on the effectiveness of OE programs in meeting women's needs.
will analyze sex stereotyping in the training courses, obstacles to
equal opportunities for women and means of expanding opportunities
for women in the program.

Similar studies on other OE programs would be extremely helpful.
We would particularly encourage the Office of Planning, Budgeting
and Evaluation (OPBE) to fund follow-up and longitudinal studies
showing the long-range impact of programs on women and men.
59

214
Research Studies
On the whole, OE has supported little research shedding new light
Studies have been funded
on problems of inequality between the sexes.
more by accident than conscious policy. A few researchers have
requested funds for small studies and have been fuiided, but OE has
made no effort to assess the need for research in this area and to see
that it gets done.

The one major study to date was funded by the Office of the
Secretary but administered by OE: a study on "Barriers to Women's
Participation in Postsecondary Education." Still in the pilot phase,
the study has run into a number of difficulties and has been delayed
a year.
Unfortunately, the present study design does not provide a
control group of men, so that the study cannot produce information
comparing the needs of men and women.
As we noted earlier, a great deal of research must be done to
lay the solid groundwork for long-term progress towards equality for
women. OE should build on the work already begun in the "barriers"
We do suggest that a male control group be added and that
study.
OE undertake a similar study on the educational problems of women
who are not high school graduates.

NIE must take the lead in focusing research resources on the
In authorizing the new
problem of Inequality between the sexes.
Institute's creation. Congress spelled out its foremost concern:
providing "eyery person an equal opportunity to receive an education
of high quality regardless of his race, color, religion, sex, national
origin or social class, "16 As Congress recognized, unequal opportunity for women is among education's most serious problems. We urge
NIE to heed its mandate to deal with the problem by undertaking a
coordinated research and development effort aimed at improving
opportunities for women. As part of that effort, NIE should be sure
to explore the Impact of schooling on sex-stereotyped career goals
and the extent of sex bias in guidance testing.

Reporting and Disseminating Information
Building our Information store on women In education will have
limited impact unless OE and NIE begin to report and disseminate
that information much more effectively than they do now.
OE does
not report or disseminate the information it now has on women in
useful form—either national education statistics or data on how
women fare under OE programs. As a result, the Information we do
have is inaccessible both to education policy makers at all levels
of government and to the concerned public.
Both national statistics and evaluation results comparing
males and females, when collected, are scattered throughout long
reports and difficult to find. Were OE to collect sex breakdowns
on teaching staff at all levels in education, given the way
statistics are reported now, one would need to refer to three
60

215
separate reports to coppare women's participation at all levels. The
time lag between data collection and publication is another problem:
the Office for Civil Rights has to collect its own statistics on
minority enrollments in institutions at all levels since NCES could
not guarantee to make data available the same year it is collected.
In only one area of reporting—ERIC, the information retrieval
system for research reports and other education documents—has an
attempt been made to report materials on women in a useful form.
Several ERIC categories (descriptors) used to call up information
ERIC
apply to women, including a new one on women's studies.
clearinghouses have compiled several bibliographies and research
The higher education clearinghouse
reviews concerned with women.
has put out a report on women's rights on the campus; the clearinghouse on the disadvantaged just released a bibliography on women's
These efforts will be most helpful
educational and career roles.
and we urge ERIC staff in NIE to press clearinghouses to produce
more of the same.

To improve reporting and dissemination of existing information
NCES should
on men and women in education, we urge several steps.
begin to publish comparative statistics on the sexes as separate
reports; it should also devote special sections of its larger
reports to data by sex.
Program and evaluation data on women in
OE programs should be highlighted in separate sections of program
and evaluation reports.
Finally, NIE's dissemination staff should
make women and sex bias a major focus of the targeted communications
program, which summarizes research on a subject for wide distribution within the education commuiity.

RtCOMENVATlONS

NaXionaZ Stata>tic6

23.

Wz fincomnznd that NCES amend ajU pfit&ent 6un.vey6 to cottecit thz
iotiouxlng data by 4 ex:
a.

A bfi2jakdoim by ie.x ^oa. eZeimnta/iy ickool paptti, in
zach QHodt, to bt addzd to thz ELSBGJS State, Tall
ReponX on Staii and Puplt6.

SzcondoAy tchool ^ubjzcjt oAea. £nfioilmente> by &zx,
to be. added to the ELSEGIS SuAvzy o{t Szconda/iy
School 0^£e/ung6, EM/ioZljnent& and CuAAlculum
Vfuxxitlczi,

1972-73.

216
c.

zZemtntoAy school pnX.nclpaJU and on
tkz numboA o^ ipejUaZutA by 4 ex, to be colZzcXzd
TIua
A.n thz BeZmont EZemznta/Ly School SuA.ve.y.
6uAvzy*6 qwtbtixjnnoiAjiz on tiocheA diaAacXe/UAtic&
l& thoKoagh and 6liouJtd be u6zd a6 a modzt ^oK
coltacjUng AAionmouUon l6olcUing ^zx ca a voAlabZe.,
kJUi daXjo. on

NOTE:

Data by sex In characteristics of all
school staff are needed to determine
whether women remain at lower positions
with lower pay despite equivalent or
better qualifications than the male
staff.

Szcx}ndaAy Ackoot Ata^^ and p^Uncipat data, by 6ex, to
be cotZzctzd in the. BeJbnont Szaonda/iy School Su/L9ty.
be
ft/e uAge that thz 6ta£^ and school qut&tionnalfLU
zxpanded to colliXLt by a ex the, 6amz tn^onmation a6

thz ElmzntoAy School SuAvty cjollexit& on zZementoKy
school Ataii (e.g., 6alaAy, yeau o£ teaching
zxpeAlence., d^KejzA eoAned, etc.),

NOTE:

iJ.

No data on characteristics of teaching
or administrative staff in secondary
schools are currently collected at all,
much less by sex,, so that OE has no
information on the status of women In
secondary schools.

The numbeA and *>alaAif dLuVLibutlon by a ex o£ tenuJied
hlgheA edmcatlon faculty, to be added to the HBGIS
In addiXion,
Employtzi in HigheA Education 6UAvey,
NCES should make an e£^ont to pfiovijdt HEGJS taloAy
data to OCR in a tbnehj ^a&tvion {oK u&e in enioKCA,ng
Title IX and ExtaUive OKdeA 11 246,
age dUtnibwtion ion. men and women by lieJbd and
con£eAAed, to be added to the. HEGJS EaKrnd
Vegnezi and OtheA Fonmal NjooAdA Con^eAAed 6UAvzy,
Tfie

dejgn.ee

NOTE:

Such data would indicate the extent to
which men and women interrupt their
education and at what age, and will
provide an estimate of the length of
interruption by level and academic field.

EnAollment data

^on.

adult and continuing education by

6 ex to be collected in the Adult and Continuing

Education in In^titutioni o^ HigheA Education luAvey,
62

217
h.

AZl data on adaJU ba&lc e^ducation 6taU and
In thz KdJalt 8<u-c.c
panXicJ^payUi to be. coZlexLte.d
Education hwivzy (boierf on thz annual KtpoKtit
iabmitttd by Statu).
Vocxitional zduucaXlon znAotbntnt data by Aex ^ox
Qjach Imtitutlon to fae coilncXad In thz
Vocational Education ViAzctofUti
.

NOTE:

These data would indicate what types
of vocational schools (including
area vocational schools) operate as
single sex institutions.

VaXa by 4 ex on tibfiaAy i,taU by IzveZ to be
doZlzctcd In thz tibnoAy and mutejum AuAvex^
[Public LibnoAy SuAvzy, FzdzAal Lihnafiy SuAvzy,
Moietun Sun.vzy and School Libna/iy SuAvzy)
.

VnoQnam Vata

24.

We Kzcormznd that OE and NJE collect, and Hjzpont to thz public
batlc data on all pKogfiam& by 4 ex. SpzcA^ilcalty , we fLZCormznd
that:
a.

Pfiognami iZAvlng a 6tudznt clizntzlz coltzct pfWQKOjn
poAticlpant data by A ex.

Vl6CAztionan.y pfwgfiam6 collzct and updatz Zniofmation
on 4 ex and t.ajUn.y oi top pn.ojzct 6ta{t^ quoAtzAly.
NOTE:

staff information could be collected
by the PGIS system, on the procurement
No commitment action
cover sheet (PCS).
should be made until all information is
entered.

All

A££

pnjogfiami, pfizpoAz dz&cAlptivz 6uimnafLiz& ojj pnxsjzcti,
dz&lgnzJd to tmpfiovz zducational oppoKtunttizA ioA.

womzn.
d.

FzlloiMhlp and tnaining pfLog^iam collzct data on thz
numbzA OjJ appticanti, by 4 ex.

6tudznt ^tncmcial aid pfiogAaru should collect
data on thz amount o^ aid and numbzn OjJ g^iant& by
In addition, data by 4 ex on thz guoAontzzd loan
6ZX.
Tfie

218
pAcgfum iihoutd. IncJiudz tho. numbe/i and amovM. oi
loam, -recommended bof itudznt ^A^nanciat aid

NOTE:

Under P.L. 92-318, student financial
aid officers for the first time must
certify the amount of a student's
financial need before a bank can make
a guaranteed loan.

BvaZuatlon

25.

We Azaoimend

thaX.

alt OE-and NJE-6pon&ofLai tvaZu£utioni> Indbxdz

analy6U o^ ihe. p'leAenee, cmuzs and -impact o^ 4ex dlic^xminaXion
In zack o£ thz ptog^um on. tdacatlonat a/iejos b&ing 6tudizd, Vol
many pfiogfum oAtoi, pa/vticudbaJity ^MximkLp and tAxuning pfwgfum&,
zxpandad iotiow-ap 6tudit6 o^ paAXOu,pant& by 4 ex mILL be
mqiuAexl.
R&&eaA£.k

26.

Studiu

that OE and WIE 6uppoAX a i>eJUt6 o^ 6tudie/> on
Kotz devaZopment and ^ex di&cAxminatijon -in education.

fi.zjtormojfid

6(LX

Spe.cJ,^icatZy , M>e xzcairmend that''
a.

HIE Azvlew eKi6ting KUOjoAch on the. dzveZopment oi
and &zt£ linage and &wppofUt a 6eAit& 0(J
neMZxiAck and development e^iofiti designed to iUJi
the gap& In ciovient knovoleAge oi tkl& topic.
4 ex Kote/i

OE 01

HIE iuppofit a itudy on how the attitudes o^
coun&etoUf tmcheAi, adminittAotofu , paienti and
peeJii, a{^{^ect coAeeA ptam and expectcUion& oi women
and men, with a izpokate anaty&li o^ AZKi&m in

guidance te&t&.
c.

The iuZl-icale 6tudy le/^ulting {lom the pilot itudy,
BaA/LleAi> to Women' 6 PoAXicipation in Poit^ecvndaAy
Education, be broadened to include a lepfLUentative
6 ample o^ maZeJt as a compoAison gioup.

OE AuppoAt a study o^ the baAAieAs iemaiz and mate nonhigh schoot gftaduates iace in acquiAing additionaZ
education and training.

219
Repo^^tcna and VAJtimituUina In^oAmaution

27,

We A.ecommenrf tkcut OE and NIE zxpand z^^oAti to
dli>6ejru,na;U
in^omation on wormn in ejducrLtion,
wz A.tcormtnd that'-

n.zpoAX.

and

SptciiyicaZZy,

NCES pubtUh, at lexut anmiaZZy, ^pzclaZ minl-fizpofvU
and pA/)jZcXlon6 on thz Kziativz Atatiii o^ women and
men in zducation, both 04 6tudent6 and employzz&. In
addition, NCES' KZQulax Kzponti skoatd includz izpa/iatz
ckaptzu cx^mpoAing data on men and women.

VhoQHam data appza/iing in annual Azpo^ti inctudz
participant data by 4 ex.

OfBE and it6 tquivatent in WIE incMide. in thoAJt
zvaluation and planning 4>tudiz& Apzciai 6zction& on thz
ijnpacX 0^ pfLognam6 on the 6zxzi.

220
PUTTING OUR OWN HOUSE IN ORDER

The recommendations found in the preceeding pages touch upon some
These cannot be impleone hundred OE-and NIE-administered programs.
mented effectively, nor can a long-term commitment to equal opportunity
for women be sustained without some important management adjustments in
OE and NIE.
Lasting changes are unlikely unless:
--

agency heads make it clear to staff that
educational equality for women has priority status
and that funds will be conmitted to fostering it.

program staff themselves are educated about sex
discrimination.

-- a
permanent women's office staff monitors changes

and explores new strategies.
-- women and men share
equally in agency decision

making.

Equality for Women as a Priority
Equality for women in education should be identified as a priority
at the Assistant Secretary or Commissioner/Director level, with
recommended action steps carried out through the Operational Planning
System or its equivalent at NIE.
Putting equal opportunities "up front" as an agency priority is
the key to the Assistant Secretary's leadership.
As a major civil
rights issue affecting over half our population, equal opportunity for
women is as pressing and important as current agency priorities.

Throughout the agencies, the task force found little understanding
of the educational inequalities women face and limited awareness of the
Assistant Secretary's concern. Since program officials do respond to
top-level priorities, a forceful mandate from the Assistant Secretary
and from the agency heads is essential.
Unless equal opportunity for
women is made a priority, neither agency is likely to sustain major
In addition, several programs that could contribute (e.g.,
changes.
public affairs and targeted communications) deal only with priority
areas.
Through OE's Operational Planning System, the Deputy Commissioners
specify and report on steps to implement goals reflecting the
Commissioner's priorities.
Presumably, NIE will develop its own system
for tracking objectives.
Given the number and extent of changes we
believe OE and NIE should make, a formal system is needed to articulate
and track objectives concerning equal opportunity for women.

221
It is unlikely that a significant amount of resources will be
devoted to projects aimed at improving opportunities for women without
specific commitments by the Commissioner and the Director of NIE.
Specific program funds should be targeted on advancing women in educational administration; on developing unbiased curriculum and guidance
materials; on breaking down occupational stereotypes; and on building
Since Title IX
opportunities for those returning to school or work.
of P.L. 92-318 amended Title IV of the Civil Rights Act, funds should
also assist sex-segregated schools in desegregating.

OE and NIE should not simply fund projects offering special
services to women; they should focus program resources on projects
exerting leverage for change in the way the education system itself
treats women.
Basically, women suffer unequal treatment in education-not through some fault of their own--but because of discrimination and
inflexibilities within our system of education.
Projects addressing
that problem directly will be the most significant ones in the long
run, and program staff should consider that when deciding how agency
funds can best serve women.

We decided against recommending specific legislation such as
the "Women's Education Act" (H.R. 14451), which authorizes funds for
research and demonstrations, curriculum development, tests, guidance
programs, teacher training and so on. All of these activities are
HEW
badly needed, but could be supported under existing legislation.
should take the initiative on this issue, rather than wait for a
If, in the end, HEW does not commit existing
specific authorization.
resources to promote educational equality for women, women's rights
organizations will be justified in pushing for legislation to
accomplish this.

Staff Education
"I've spent a lot of time in universities and I know there isn't
If our conversations with program staff
any discrimination there."
indicate prevailing attitudes, Oc and NIE staff are generally unaware
of sex discrimination in education.
Few people knew about Title IX
and few knew that Federal contractors are forbidden to discriminate
in employment.

Although sex discrimination in education has only recently
attracted attention, OE and NIE can no longer afford to be ignorant
or unconcerned.
Sex discrimination in education is virtually universal
and deeply entrenched.
Now it is also illegal. Agency personnel must
understand both the nature and effects of sex discrimination and their
responsibilities under the antidiscrimination laws. They should also
understand that personal prejudices against women may influence program decisions.
67

222
Women's Action Office and Advisors
The Commissioner and NIE's Director will need a continuing
assessment of each agency's progress toward equal opportunities for
The
women as well as advice on necessary next steps to follow.
OE Federal Women's Program Coordinator shoulders some responsibility
for OE programs, but as the equal employment officer for women, she
must devote most of her energies to internal employment problems.
She has not been given the staff she needs to do that job in depth,
much less take an active role in program policies affecting women.
OE and NIE should each establish an office to oversee efforts
to secure opportunity for women within the agencies and in education
These offices must have the responsibility, the authority
at large.
and sufficient staff to do the job.
They must also be concerned
with sex biases in agency employment, since internal discriminatory

These offices should
practices affect program policy decisions.
also function as a clearinghouse on discrimination against women.
To supplement the work of the Women's Action Office, each
deputyship in OE and equivalent unit in NIE should have its own
Advisors.
Since the Women's Action Office would provide a strong
and active focus for women's equality, it will need continuing
sources of information and assistance on employment and program
The units in OE and NIE will
developments throughout the agency.
also need easily accessible advice and assistance to help them
define and assume their specific responsibilities to women.
Women's
Action Advisors, representing all grades and the various minorities,
would serve both functions.

Women and Educational Policy Making

Our mandate has been to define the impact of our programs on
women outside the agency. We have not studied the effects of OE
and NIE employment practices on women, nor do we feel qualified to
make specific recommendations.
However, decision making in the Division of Education is
thoroughly dominated by men: with rare exceptions, line decisionikers from Assistant Secretary to branch chief are men. While
one does not have to be female to care about equality for women,
an agency essentially run by men cannot be expected to demonstrate
sensitivity in assuring equity for women in its programs. The
agency's effectiveness in promoting opportunities for women
throughout education will be undermined if it does not begin to
practice what it preaches.

Grade

225
Another form of discrimination among these people is in pay.
While field readers receive a standard fee for their work, consultant compensation is flexible and compounds the effects of past
employment discrimination for many women. Since consultant fees
are often gauged to past salary and title, women who have been
denied equal advancement opportunities are paid less than men whose
professional lives bear no such handicap.
Women are a majority of the general population and 40 percent
of the working population.
Increasing numbers of women with lifelong occupational aspirations are entering the work force as
professionals. Yet in the education agencies, decision-making
continues to be monopolized by men; women generally stop advancing
at GS-12 or GS-13.
The Office of Education and the National Institute of Education
have the opportunity to exert leadership In affording women an equal
chance— through their influence, through their initiatives and
through their programs.
They must begin, however, by putting their
own houses in order.

226
RECOmEWAUOhlS

is.

We fLtcormtnd that zquaZlty ion the. iexei in eAuccutlon
In
dzdUxAzd an oiilcAjol pnlonlty o{, both OE and HIE.
that pfiio^ity, we ne.ccmimnd that:
a.

fae

tine, uiith

Imptejnentatlon o^ fLejCommcnxiatloni, be t/iacked thAcugh
OpeAationaZ Planning Sy&txm at the AA6i6tant
SecAeXa/Ly ok Cormli>6ioneA/ViAecton. Ze\>eZ.
the.

At lexut

peAcent o^ the appfiopniatiom ^ofL the
be. spent on pfiojzct^ u)hlch make a
cont/Ubatcon to e^quat zdaavtional oppoKtimity
10

ioiZouu.ng pfiogMJU
hpecAjai.

ioi

ujomejt:

Education Pfio{,eMloni Development Act, ?aAt& V, E
Education ^on. the Handicapped Act, Vant V

and F

fundi could be u&ed in projects vohich advance,
in school administAatlon, tAnin teacheAS to
avoid 6 ex bias, tAoin administnatou on implementing Title IX and tAoin teacheA tAoinefU to
seyUiiXize teacheAi to 6 ex bias.
uoomen

HigheA Education Act, T-Ltte II
fundi could be used in pfwjecti vohich advance
women in libnaAy adminUtAation, suppoKt wonkshops
on un6exbia&ed mateAial& and assi&t tibAo/Uam in
building colZectionA relating to women's nights
and women '4 issues.

Vocational Education Act, VoAts

V and

funds could be used in pfiojecZs ujhich study the
obstacles to iwmen's iull poAXicipatio n in aU.
ofieAS oi vocational education, demonstAate
approaches to bneaking down sex stereotypes in
vocational education and develop auAAiculum
mateAials which counteract careeA sex stereotypes.

fund lor the Improvement o^ Postsecondary Education
funds could be used ^or expeAiments lAxith
new iorms o^ education wiXh a potential ^or
expanding opportunities lor women returning
to education and training a^ter several years'
absence.
72

227
Cl\)JJi

U^htt Kct

oi 1964, TltZz IV

Fundi twuZd be u6^d to (i6&l&t
6Ch00t6 A.n d(UiZQfiejQ(VtiOA.

&Q.xr

&e^fiZQaXeA

Staji EducaXlon

29.

We nzcjormznd tiiat OE and A/IE ande/Uake. to zducatje. theUA own Ata^^^
to Oivo-Ld 4 ex biaj> aji agzncy opznation and pAogfiam manoQ&v^jfit.
SpeciilcxWiy, i*?e ^zcoimtnd that:
a.

B^z^lngi jJoA. aZZ AupeAvliofiy 6ta^^ be condactzd on thz
unpticatyion6 o^ JitZt IK and otkzn 4 ex dAJtCAAjnination
tzjQi^tati-on loK OE'6 and NJE'i pfioQfum opa^uxXjLon^
.

OE and HIE aAAange ^oA. t/uUning pfiognam to cAzatd
employ zz au}aAimeA6 o£ 6zx bia^m. and tkoJji
in^^imncu on tht actions o^ mployzz&.

Wom&n'i Action Oi^lcz and Advl6ofii,

30.

We ^zcotmtnd that both OE and NJE (UtabtUh a liiomzn^ & Action
Oj^jJ^ce to Aee that itzpi to Ajnpfwvz thz 6tatu& o^ iwmcn both
i.ni>ldz and out&'idc thz. agzncy a/iz ca/iAtzd out 6moothZy and
ZKpzditiouiZy
SpzcciicaZZy , mz Kzcommznd that:
.

Tkz&z oa{,^cz^ 6ZAvz aj, a continuing iouhcz oi
advicz to thz Contnii^ionz^ and thz ViAZJCtoi on
pKogfiz^t touxind6 that goal and on new ttzp& nzzdzd
to hzZp uoomzn 4>zcuA.z zqualiXy in zdacation and in
thz FzdzAol zdacation ojgzncizA.

Th^ttZ oiiiczA izpoKZ dVizcXly to thz At^i^tant
Cormi&itionzh. {^oK Spzciat ConczAni, and an o^^iciaZ o^
zquivaZznt &tatuA.z in NJE and ab6o^ thz iunctiom oi
thz FzdzAoZ Womzn'6 Vnogfiam CooidinatoA..

228
c.

The. ^ottomjig o^atUzaXion
Action O^^ce. 6e de.vtZoptdi

ion.

the Women 'a

Director, Women's Action Office
GS

-I
1

StcAeXoAial Staii

I
Associate Director
for Equal Employment
GS

Associate Director
for Program Policy
GS

pA.o^U6lonaZ 6ta^^

pfLo^z&ilonaZ

izcAeXoAAjol ita^l

AtcAeXanxal

6ia{^{i

6ta^

WIE wouZd kavz a &mcUUiVi itai^i con&onant uuMi
the agzncy'i pte&znt 6lzz.

31.

We fLZcormejad that both OE and WIE convene an ad hoc cotrmtttce.
by adve/ctu-ing {^on. people -LnteAuted A,n hctp-cng In the &eZection oi the Vtfiectai and A&ioclate Vtnectafii, oi the Women'6
Action O^^icei. Theie ad hoc cormiittee& uioutd be no mofie than
15 mejnbeu, elected f^fiom among the oiAjgiywUi volunteeu .
The6e
cormittee& would dnauo up cUteAAM. ^oa. the 6 election o^ the
ViAectofi and the Ai,&ocAjate ViAeeXonj) and identify and necormend
candJjdate& to {^iZJL those po6iM.oni.
Upon ^inaZ setecZion o^
candidate6 by the OE Cormt&sionefi and WIE ViAectoft, the fie&ponstbiMXiei) 0^ the ad hoc comnittees would tenminate.

32.

We A.ecormend that i>}omen'6 Action Advtsou be designated
thn.oughouut the agencZei to link p^g^xun policies and employees
with the wofik 0^ the Women's Action O^^ice. Specifically, we
fiecotmend that:
a.

On a continuing basij>, Advtsohs wofik with the Women's
Action 0{^{^ice in caAAying out theiA mission thfioughout the agencies by fiecommending pnlofvitiei, ion
action, Aevieuiing p^ogAom and employment activities
a^^^ecting women and keeping cotmunication channels
open between p^gnxm o^^icAjals and the Women's
Action 0{){,ice.

AdvtsoKs be designated by the ViAcctofis o^ the
respective Women's Action 0^{,ices.
74

229
c.

A(h>i60A^ be h.zgata/i
{,A.om

mpZoyzu,

theAA KzguZoA dLutizi

A.eZejCU>exi

poAt-timz

Each OE Ve.piUy6lu.p and e/iulvat^nt In WIE havz at
liiut tMQ kdvitofii, onz loK. InteAnaZ mploytmnt and
OE &hoijutd havz. om Kd\jl&oK cononz ^on. pfLog-iam
ceAned viiXh mpZoytmnt ^oa zveAy 200 pzoplz am a
dtputyAhip, wWi thz Of^f^icz oi thz CottmU^wneA
combZmd voltk thz VzpatyAkip ^oa VzveZopmznt. OE
4)h.outd havz om AdvAJtOA conceAnzd Mitk pfioQHxm
policy ^OA. zveAy 100 pzoplz In thz th/izz pfiogiam
Vzputyihipi and onz kdviiox ioK thz -ftco tta^^i
Vzputy6kip6
Accofiding to OE'6 cuAAznt 6t£L^£'ing,
that would nakz a total o^ 24; NJE Advl6ofU woutd
bz cho4>zn Xn a compoAoblz mannzA..
.

Spzclal Policy

33.

Voi>ltAJ}n&

Wz Azcormznd that OE and NJE iub&tantlaUbj IncAe/i&z thz pAopoAZion
0($ womzn advl&lng on thz opzAotion OfJ OE pAogAam6.
Spzcl^catty,
we Azcommznd thata.

fa.

AU. \ilE and OE Azcoimzndationi> ^oA odviAoAy coancAjU
and dpzcAjaZ commu^'Loni, aJm to bAlng thz pAopoAtlon
oi u)omzn on. ZAch to 50 pzAcznt.
Thz iiomz goal bz 6zt jjo-t thz appolntmznt o^ uoomzn to
pAogAosn Azvlzw panzl6, oat&ldz zvalu£ition tzanu,,
tzchnlcal a&&u>tancz pzA&onnzl and con6ultanti>.
BuAzaa chizii 6hould bz Az6pon6iblz ^OA a.pf^vlng
thz6z appolntmznt6 to 6zz that goaJU oaz bzi-ng mzt.
In addition, OE and NJE should adopt a htandoAd ^zz
^oA compzn6atlng consultants, AzgoAdlz&A o^ laZajiy,
ZKpzAizncz OA othzA con&ldzAjation& .

Task {)0Acz& bz appAoximatzty SO pzAcznt iemaZz. OE
and NJE 6ta^ should avoid dziinlng cAitzAia ^oA
task {)OAcz mzmbzAshlp so that a pAzdominancz o^ mzn
must bz choszn. BuAzaa clviz^ and Vzputizi> should
AzvlzM and appAovz task ^oAcz mzmbzAshlp to szz that
goals a/iz bzing mzt.

BuAzau chizis and Vzputizs AzpoAt quoJitzAijj to thz
CormiisslonzA o^ Education and to thz VlAzctoA o^
NJE on thz malz/^emalz makzap o^ all, azvIzw panzls,
outsldz zvaluation tzams, tzchnlcal assistants,
consultants and task ^oAczs.

231

CORRESPONDENCE FROM THE
OFFICE OF CIVIL RIGHTS
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
OFFICE OF THE SECRETARY
WASHINGTON. DC.

OCT

20201

1973

Honorable Walter F. Mondale
Subcotnmittee on Education
Consnlttee on Labor and Public Welfare
Room 4230 - New Senate Office Building
United States Senate
Washington, D. C. 20510
Dear Senator Mondale t
Z am writing in regard to the hearing of October 17 conducted
by the Subconsnittee on Education, Conanittee on Labor and
Public Welfare, at «fhich you presided.

The hearing was held to receive testimony on S. 2518, the
proposed Women's Educational Equity Act.
Dxiring the course of the hearing certain questions arose

relating to activities and staffing of the Office for
Civil Rights, and I would like to comment on them for the
record
.

t%#D witnesses referred to the fact that the Departmental
regulation applicable to Title DC of the Education Amendments
of 1972 has not yet been published for public comment. This
is regrettable.
Bowever, I should point out that to define
in clear and specific terms the obligations conferred by
Title IX in areas such as athletics and the whole spectrum
of employment rights, in elementary and secondary as wall
as higher education, has not been a simple undertaking.

Pirst,

During the process of drafting the regulation, OCR has made
special efforts to confer on a continuous basis with
representatives of \«c»nen's organizations and of the education
community. A final draft is now being circulated for comment
to other departmental agencies preparatory to sulanission to
the Secretary. By statute, the regulation must have the
President's approval prior to publication for public camnent
in the Federal Register.
During this interim period, OCR has sent memoranda to public
school superintendents. State agency officials, vocational

232
Page

2 -

Honorable Walter F. Mondale

schools, and presidents of higher education institxitions
broadly outlining the non-discrimination requirements of
Title IX. This material was submitted earlier to Sxibcommittee
staff; additional copies are enclosed herewith.

Second, one witness before the Subcommittee indicated that
"HEW takes the position that they cannot enforce the law
(Title IX) until the guidelines are vrritten..."

OCR has received n\imerous complaints of sex discrimination
involving elementary and secondary schools as well as
colleges and universities covered by Title IX. When action
can be taken on the issues raised by these allegations in
the absence of the regulation, OCR is proceeding to
investigate Title IX complaints to the extent resources
and other commitments permit.
The Higher Education Division reported to me that 31 Title IX
complaints involving higher education institutions were
filed as of July 31. There may be additional complaints
received more recently by regional offices. The 31 complaints
can be broken down as follows:
10 complaints involving admissions to an institution or

to programs within institutions;
involving discrimination in athletic
programs and/or use of athletic facilities;

3 ccxnplaints

4 complaints involving differential dormitory regulations;
2

complaints involving disparate residency requirements
for the purpose of granting in-state tuition;

complaint concerning differential regulations with
regard to hair length;

complaints concerning employment, one of which involves
7 institutions;

4 complaints concerning membership in institution supported

organizations, one of which involves 25 institutions;

complaint involving discrimination against a student
by the faculty of a graduate department;

233
Page

3 -

Honorable Walter F. Mondale

complaint involving discrimination in financial aid;

complaints concerning discrimination in student health
insurance, particularly with regard to pregnancy
benefits.

of these ccxnplaints have been investigated and others are
under investigation. In a number of cases, a review of the
complaint has been postponed pending publication of the
regulation. Examples of cases where action has been taken
are: complaints against George Mason University and the
University of Georgia System were resolved in favor of
complainants with the determination that disparate
residency requirements based on sex for the purpose of
granting in-state tuition are prohibited under Title IX.
Complaints against Louisiana State University and against
the University of Missouri at Columbia alleging differential
dormitory regulations based on sex were resolved in favor
of the complainants. OCR is investigating a complaint
against Harvard Law School alleging discrimination in
admissions. We are also investigating a complaint against
Cal State University at Northridge alleging sex discrimination in the admission to a school prograun.
Scane

With respect to Title IX complaints filed against school
districts, we contacted eight of our ten regional offices by
telephone yesterday for a status report. A total of 97
Title IX complaints have been received, of which 57 have
been acted on. That is, 57 complaints have been reviewed
and resolved or are vinder review at this time. In some
cases, the review has entailed on-site visits.
For instance, the Philadelphia Regional Office conducted an
on-site investigation of a complaint alleging sex discrimination in the athletic program of Pittsburgh secondary
schools
.

Another complaint acted on involved the alleged exclusion of
female students from shop courses in Loudoiin County, Virginia.
The Dallas Regional Office has received approximately 20
individual complaints alleging Title rx violations. One
complaint was filed by the Dallas Women's Coalition against
the Dallas Independent School District, claiming that the
district's plan to correct certain identifiable practices
involving alleged sex discrimination was inadequate. At the
request of the school district, the Dallas Regional Office
is currently evaluating the plan.
WEAL has filed a

234
Page 4 - Honorable Walter P. Mondale
well-doc\imented complaint against the Waco Independent School
District, alleging Title IX violations in athletics,
employment, and curriculum. This complaint was mentioned
by Ms. Arronne Fraser during her testimony before the
Subcommittee and it will be scheduled for review in November.
It is true that for the roost part, in the absence of the
regulation, OCR has confined its field coripliance activity
to date to the review cf complaints. And, as indicated
earlier, some of the complaints pose issues which can only
be dealt with after pertinent and specific requirements
are formally agreed to and finalized in the regulation.
But it is incorrect to assert that no enforcement activity
has taken place.

Third, you indicated that it would be helpful for the
Subcommittee to receive a breakdown of the number of persons
employed by OCR who are working on sex discrimination matters.
I am enclosing a chart showing a breakdown of the 124 persons
assigned to the Higher Education Division of OCR. 81 of
these persons are assigned to Executive Order 11246, as
sunended, which bars employment discrimination on the basis
of race, color, religion, sex or national origin at colleges
and universities holding Federal contracts. Under the OCR
budget, 18 persons are allocated to Title IX, and 25 persons
to Title VI. In carrying out compliance activity under the
Executive Order, personnel are concerned with investigating
class action complaints and reviewing affirmative action
plans with respect to problems of race and ethnic discrimlTnation as well as sex discrimination. For instance, in
negotiating with a university on the preparation of an
acceptable affirmative action plan, OCR personnel will deal with
issues of both race and sex discrimination insofar as the plan
is based on or encompasses utilization analyses, recruitment
policies, and goals and timetables. The 124 persons represent
clerical and processional staff, and regional and headquarters
personnel. The Administration's FY 75 budget for OCR proposes
an increase of 50 persons for Executive Order enforcement.

A total of 252 clerical and professional positions are
assigned to the Elementary and Secondary Education Division
for FY 73.
Of the 52 persons assigned to headquarters, six
are working on Title IX matters. A number of compliance
persons in each of the 10 regional offices has handled

235
Page

5 -

Honorable Walter F. Mondale

Title IX issues and complaints, although not exclusively.
Title VI of the Civil Rights Act of 1964, and the civil
rights -related provisions of the Emergency School Aid Act,
remain the dominant concern and undoubtedly this pattern
will continue at least until the Title IX regulation is
published. The Administration's FY 74 budget provides for
30 additional positions for this division and, if and when
the budget is approved, many of the new personnel will
deal with Title IX compliance issues.
Fourth, a witness before the Subcommittee indicated that
there had been no results from OCR's compliance activity
under the KxecutTve Order.
I am enclosing a breakdown on the disposition of individual
Executive Order complaints in the higher education area
and other information concerning compliance reviews. A
year ago, OCR issued "Higher Education Guidelines under
Executive Order 11246" to help clarify the application of
Department of Labor regulations to university «nployment.
A copy is enclosed. OCR is proceeding vigorously to improve
internal review procedures, develop a strong technical
assistance capability, and evaluate affirmative action
plams. Just recently, OCR accepted a plan sulanitted by
M.I.T. and we are currently reviewing a promising plan
submitted by Harvard University on the basis of lengthy
discussions and negotiations. Moreover, Executive Order
complaints and reviews involve issues other than employment
For instance, OCR has helped to bring about pay
per se
equity adjustments in numerous cases. Examples are:
pursuant to negotiations carried out with the University of
Michigan, the institution has thus far granted equity
adjustments to 237 academic and non-academic female
employees totaling $187,728 as part of its affirmative
action obligation. This month, the Denver Regional office
for Civil Rights negotiated a pay settlement with the University
of Montama which granted salary increases to 39 vromen faculty
members totaling $88,000 in order to make their pay equal to
that of their male counterparts.
.

To be sure, we are dealing with complex and sensitive issues
and undoubtedly we have made our share of mistakes. But
there has been progress.
During the hearing, mention was made of the forthcoming report
by the Carnegie Commission on Higher Education. This report

236
Page 6 ' Honorable Walter F. Mondale
puts the Conunission behind the OCR "Guidelines" and urges
colleges and universities to undertake the steps necessary
to design emd implement affirmative action plans. While we
would take issue with some of the Commission's observations
in the chapter dealing with affirmative action, we believe
this section would help clarify the historical record.
Fifth, OCR shares the concern expressed by witnesses with
respect to the effects of sex role stereotyping in textbooks.
We are also concerned about practices that tend to deny or
limit the opportunity of girls and women to take full
advantage of the educational curriculum. There is no
question but that a public school curriculum must be open
to all students without regard to sex and student counseling
roust be consistent with this policy.
We also emphasize that
Title IX applies to the employment practices of school
districts. The shockingly low percentage of female
administrators at this educational level is of equal concern.

am enclosing copies of the 1973 OCR school district survey
forms inasmuch as they include questions releveuit to Title IX,
You will note that on the individual school caunpus report,
school districts are being asked to report on classes or
groupings comprised of C0% or more of students of one sex.
On the joint EEOC-OCR employment form, public school systems
roust furnish various data on the sex ccHnposition of teaching
and administrative staff. When the results are obtained,
the information will be used in conducting school district
reviews and will help to set review priorities.
I

I should also mention that OCR is currently designing a
survey covering area vocational-technical schools which will
provide a breakout of the sex composition of such schools
and of the courses offered by such schools. There are
approximately 1900 area vocational-technical schools in the
country; witnesses before the Sxibcoromittee expressed
particular concern about the identifiable patterns of
enrollment in the curricula. In the event the survey form
is approved, it should help to establish a firm factual
basis on which to detezmine possible violations and
compliance priorities in the vocational education area. The
survey also seeks similar data relevant to compliance with
Title VI of the Civil Rights Act of 1964.

237
Page

7 -

Honorable Walter F. Mondale

On October 30 OCR will meet with representatives of major
textbook publishing firms to discuss the sex stereotyping
issue. As of now we believe that in order to realize
corrective action on a broad scale, OCR must seek the
cooperation of textbook publishers. We have pursued one
complaint on this subject filed by the Committee to
Study Sex Discrimination against the Kalamazoo Public
Schools, Kalamazoo, Michigan. The pertinent correspondence
is enclosed.
Finally, during a colloquy with Ms. Arvonne Fraser of WEAL,
concerning the delay in preparing the Title IX regulations,
"I know they (the Office
you are recorded aa follows:
for Civil Rights) are not busy doing anything else."
I do not believe the record will support such a conclusitMi.
Moreover, it is unfair to the hiindreds of people employed
by this office who have steadfastly and with dedication
worked effectively to enforce Title VI and other nondiscrimination provisions of Federal law. Should you or
your staff wish a briefing on ctirrent activities of the
office, or further written information, we would be pleased
to comply.
I request that this letter and enclosures be made part of
the record of the hearing.

Sincerely yours.

Peter E. Holmes
Director
Office for Civil Rights
Enclosures

238
HIGHER EDUCATION DIVISION
11246 Effort (Universities & Colleges)
(November 16, 1971 - December 31, 1972)

E. O.

Total

nvuriber

of individual complaints

544

Sex discrimination complaints

355

Other complaints (race and national origin)

ia9

Status of complaint workload

Cases on hand not investigated
Cases under investigation

Total on hand

107
76

•

183

Sex cases

I54

Ouiier cases

29
183

Actions taken 11/16/71

12/31/72

Cases settled or closed

224

Cases transferred to EEOC

137

36l

239
HIGHER EDUCATION DIVISION.

Regions

Compliance reviews and class complaints:
Compliance reviews since Nov. 15,
1971 to Dec. 30,1972
AAP.s approved (interim or final)
AAP.s rejectedAAP.s pending
Class action compliance pending

15
1

Total complaints Nov. 16, 1971 to Dec. 30,

1972

Sex
Race or other

39
25
14

action

Under investigation
Cases settled
Transferred to EEOC
Complaints on hand Jan.
Sex..._
Race or other

3
16

20
1,

1973

3
3

E.O. 11246

III

COLLEGES AND UNIVERSITIES

VII

VIII

Total

240

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
OFFICE OF THE SECRETARY
WASHINGTON. D C. 20201

August 1972

MEMORANDUM TO PRESIDENTS OF INSTITUTIONS OF HIGHER EDUCATION
PARTICIPATING IN FEDERAL ASSISTANCE PROGRAMS

As you may know, on June 23, 1972, the President signed into law the
"Education Amendments of 1972" (effective July 1, 1972). Title IX of
this Act prohibits sex discrimination in all federally assisted education
programs and amends certain portions of the Civil Rights Act of 1964.
The Office for Civil Rights, Department of Health, Education, and
Welfare, is presently in the process of developing regulations and guideFor your immediate information, however, I
lines to implement Title IX.
have set forth below a brief summary of the pertinent provisions of
Title IX, and have attached a copy of the law.
A.

Basic Provision

Title IX of the Higher Education Act states:

"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..."

This sex discrimination provision of Title IX is patterned after Title
VI of the Civil Rights Act of 196A which forbids discrimination on the basis of
race, color, and national origin in all federally assisted programs.
By specific exemption, the prohibitions of Title VI do not reach
employment practices (except where the primary objective of the Federal
aid is to provide employment)
However, there is no similar exemption
for employment in Title IX.
.

Therefore, effective July 1, as a condition of receiving Federal
assistance, your institution must make all benefits and services available
As indicated below,
to students without discrimination on the basis of sex.
there are exemptions to and a deferment in implementing the admissions
provision. However, all other requirements of this Title are presently
in effect.
B.

Which Institutions are Covered

All educational programs and activities which are offered by any institution or organization and which receive Federal financial assistance by
way of grant, loan, or contract other than a contract of insurance ot

241
-2-

guaranty are covered. Title IX specifically lists the types of educational institutions which are covered. These include public and private
preschools, elementary and secondary schools, institutions of vocational
education, professional education, and pndergraduate and graduate higher
education.
C.

Provisions Concerning Admissions to Schools and Colleges

1.
Certain educational institutions covered by Title IX are prohibited from sex discrimination in all of their programs and activities,
including admissions to their institutions. These institutions include:

private)

Institutions of vocational education (public and private).

Institutions of professional education (public and private).

Institutions of graduate higher education (public and

d.
Public undergraduate institutions of higher education
(except those which have been traditionally and continually single-sex).
2.

Exemptions from the admissions provisions.

Some educational institutions covered under Title IX are exempted
from complying with the prohibition against discrimination in admissions.
These institutions are:
a.

Private undergraduate institutions of higher education.

b.
Elementary and secondary schools other than secondary
vocational schools whose primary purpose is to train students in vocational and technical areas.
c.
Public institutions of undergraduate higher education
which have been traditionally and continually single-sex.

Schools of vocational, professional, graduate" higher education, and
public undergraduate higher education which are in transition from
single-sex institutions to co-educational institutions are exempt
from non-discrimination in admissions for specified periods of time
provided each is carrying out a plan approved by HEW, under which the

242
- 3

transition will be completed. Although all these Institutions are exempt
from the requirement of immediately admitting students of the previously
excluded sex, they are required not to discriminate, as of the effective
date of the Act (July 1, 1972), against any admitted students in any educational program or activity offered by the educational institutions.
D.

Other Exemptions

1.
Institutions controlled by religious
Religious Institutions
organizations are exempt if the application of the anti-discrimination
provision is not consistent with the religious tenets of such organizations.
:

2. Military Schools
Those educational institutions whose primary
purpose is the training of individuals for the military services of the
United States or the Merchant Marine are exempt.
:

The Act allows institutions
Provision Relating to Living Facilities
receiving Federal funds to maintain separate living facilities for
persons of different sexes.
E.

Who Enforces the Act
The Federal departments empowered to extend
aid to educational institutions have the enforcement responsibility.
(The enforcement provisions are virtually identical to those of Title VI
of the Civil Rights Act of 1964)
Reviews can be conducted whether or
not a complaint has been filed. We presently are in the process of
developing procedures under which this agency will represent all Federal
agencies in the administration of Title IX, as is presently the case
under Title VI of the Civil Rights Act of 1964.

Who Can File Charges
Individuals and organizations can challenge
any unlawful discriminatory practice in a Federal program or activity
by filing a complaint with the appropriate Federal agency. During the
review process, names of complainants are kept confidential if possible.
G.

;

H.
What Happens When a Complaint Is Filed
An investigation is conducted,
if warranted, and if a violation is found, informal conciliation and
persuasion are first used to eliminate the discriminatory practices.
:

Formal Enforcement Procedures
If persuasion fails, the Act provides
for formal hearings conducted by the Federal agency(s) involved.
Such
action can result in the termination or withholding of Federal financial
assistance.
In some instances, cases can be referred to the Department of
Justice with a recommendation that formal legal action be taken. Recipients
of Federal monies which have been terminated or withheld can seek Judicial
review of the final order issued by the agency.
I.

;

243
- 4

Preferential Treatment:
Institutions cannot be required to establish
quotas or grant "preferential o r disparate" treatment to members of one
sex when an imbalance exists wi th respect to the number or percentage
of persons of one sex participa ting in or receiving the benefits of
federally assisted educational programs or activities. This provision
is analagous to the racial imba lance provision in Title VI which states
that the absence of a racial ba lance is not In itself proof of discrimination.
However, these provision s do not mean that corrective actions
may not be required to overcome past discrimination.
Prov ision Concerning Blind Students
Students cannot be denied
admission on the grounds of blindness or severely impaired vision to
The institution,
any federally assisted education program or activity.
however, is not required to provide special services for such persons.
K.

We will provide more specific guidance on the requirements of Title IX in
the near future.
In the interim, should you have any questions relating
to this matter, please feel free to write to me.

ctor. Office

Attachment

Civil Righ

244

Public Law 92-318
92nd Congress, S. 659
June 23, 1972
Education Amemlmeiits of 1972

TITLE IX— PROHIBITION OF SEX DISCRIMINATION
SEX DISCRIMINATION PROHIBITED

No person in tlie United States shall, on the basis of
excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any education program or activity
receiving Federal financial assistance, except that
(1) in regard to admissions to educational institutions, this
Sec. 901. (a)

sex, be

Exceptions,

section shall apply only to institutions of vocational education,
professional education, and graduate higher education, and to
public institutions of undergraduate higher education
(2) in regard to admissions to educational institutions, this
section shall not apply (A) for one year from the date of enactment of this Act, nor for six years after such date in the case of an
educational institution which has begun the process of changing
from being an institution which admits only students of one sex
to being an institution which admits students of both sexes, but
only if it is carrying out a plan for such a change whfah is
approved by the Commissioner of Education or (B) for seven
years from the date an educational institution begins the process of
changing from being an institution which aximits only students
of only one sex to being an institution which admits students of
both sexes, but only if it is carrying out a plan for such a change
which is approved by the Commissioner of Education, whicliever
;

the later

;

(3) this section shall not apply to an educational institution
is controlled by a religious organization if the
application
of this subsection would not be consistent with the religious tenets

which

of such organization;

apply to an educational institution
the training of individuals for the military services of the United States, or the merchant marine and
(5) in regard to admissions this section shall not apply to any
public institution of undergraduate higher education which is an
institution that traditionally and continually from its establishment has had a policy of admitting only students of one sex.
(b) Nothing contained in Subsection (a) of this section shall be
interpreted to require any educational institution to grant preferential
or disparate treatment to the members of one sex on account of an
imbalance whicli may exist with respect to the totalniumber or percentage of persons of that sex participating in or receiving the benefits
of any federally supported program or activity, in comparison with
the total number or percentage of persons of that sex in any community, State, section, or other area Provided^ That thiis subsection shall
not be construed to prevent the consideration in any hearing or proceeding under this title of statistical evidence tending to snow that
such an imbalance exists with respect to the participation in, or receipt
of the benefits of, any such program or activity by the members of
(4) this section shall not

whose primary purpose

;

one
IMfinition.

sex.

For purposes of this title an educational institution means any
or any
public or private preschool, elementary, or secondary school,
institution of vocational, professional, or higher education, except that
in the case of an educational institution composed of more than one
school, college, or department which are administratively separate
units, such term means each such school, college, or department.
(c)

245

FEDERAL ADMIXISTRATIVB ENFORCEMKNT
Src. 902. Each Federal department and agency wliich is
to extend Federal financial assistance to any education

empowered
program or

by way of grant, loan, or contract other than a contract of
insurance or guaranty, is authorized and directed to effectuate the
provisions of section 901 with respect to such program or activity by
issuing rules, regulations, or orders of general applicability which
shall be consistent witli achievement of the oljectives of tlie statute
authorizing the financial assistance in connection with which tlie
action is taken. No such rule, regulation, or order shall l)ec()nie effective
unless and until approved by tlie President. Com])liance with
any
requirement adopted pursuantto this section may be effected (1) by
the termination of or refusal to grant or to continue assistance under
such program or activity to any ivcipient as to whom there has been
an express finding on the record, after opportunity for hearing, of a
failure to comply with .such requirement, but siich termination or
refusal shall be limited to the pai-ticular political entitv. or
part
thereof, or other recipient as to whom such a finding has been made,
and sliall be limited in its effect to the particular program, or part
thereof, in which such noncompliance has bwn so found, or (2) bv
any other means authorized by law Prorided. hotrerrr. Tliat no such
action shall be taken imtil the department or agency concerned has
advised the appropriate |>erson or persons of the failure to comnly
with the requirement and has determined that compliance cannot be
secured by voluntary means. In the case of any action terminating, or Report to
refusing to ^ant or continue, assistance because of failure to comply congressional
with a requirement imposed pursuant to this section, the head of the committers.
Federal department or agency shall file with the committees of the
House and Senate ha\nng legislative jurisdiction over the propram
or activity involved a fuliwritten report of the circumstances and the
grounds for such action. No such action shall become effective until
thirty days have elapsed after the filing of such report.
activity,

JUDICIAL REVIEW
Sec. 903.
department or agency action taken pursuant to
Any oe
section 1002
iui« shall
snaii be
to sucn
such juaiciai
subject m>
suoject
judicial review as may otherwise
be provided by law for similar action taken by such department or
agency on other grounds. In the case of action, not otherwise subject
to judicial review, terminating or refusing to grant or to continue
financial assistance upon a finding of failure to
comply with any
requirement imposed pursuant to section 902, any person aggrieved

(including any State or political subdivision thereof and any agency
of either) may obtain judicial review of such action in accordance
with chapter 7 of title 5, United States Code, and such action shall
not be deemed committed to unreviewable agency discretion within
the meaning of section 701 of that title.

86 STAT. 375

80 Stat. 392.
5 use 701,

246
-

PROHIBrnON AGAINST DI8CRIKINATION AGAINST THE BUND
Sec. 904. No person in the United States shall, on the ground of
blindness or severely impaired vision, be denied adinission in any
course of study by a recipient of Federal financial assistance for any
education program or activity, but nothing herein shall be construed
to require any such institution to provide any special services to such
because of his blindness or visual impairment.

person

EFFECT ON OTHER LAWS
Sec. 905. Nothing in this title shall add to or detract from any
to any program or activity under
existing authority with respect
which Federal &iancial assistance is extendedl)y way of a contract of

insurance or guaranty.

AMENDMENTS TO OTHER LAWS
Sec. 906. (a) Sections 401(b), 407(a) (2), 410, and 902 of the Civil
Rights Act of 19&4 (42 U.S.C. 2000c(b), 2000fr-6(ft) (2), 2000c-9, and

78 Stat. 246,
266 .

2000h-2) are each amended by inserting the word '^x" after the word

"religion".
(bl (1) Section 13(a) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(a)) is amended by inserting after the words "the provisions of section 6" the following: "(except section 6(d) in the case of

75 Stat. 71.
77 Stat. 56.
29 use 206.

paragraph (1) of thissubsectiMi)".
(2) Paragraph (1) of subsection 3(r) of such Act (29 U.S.C. 203
school"
(r) (1) ) is amended by deleting "an elementary or secondary
and inserting in lieu thereof "a preschool, elementary or secondary

80 Stat. 831.

school "•
(8) Section 3(s) (4) of such Act (29 U.S.C. 203(8) (4) ) is amended
by deleting "an elementary or secondary school" ana inserting in
lieu thereof "a preschool, elementary or secondary school".

INTERPRETATION WITH RESPECT TO UVINO FACIUTTES

Notwithstanding anything to the contrary contained in
to prohibit aiiy
nothing contained nerem shall be construed
educational institution receiving funds under this Act, from mainSec. 907.
this title,

taining separate living facilities for the different sexes.

247

DEPARTMENT OF HEALTH, EDUCATION. AND WELFARE
OFFICE OF THE SECRETARY
WASHINGTON. O.C. 20201

May 4, 1973

MEMORANDUM FOR PRESIDENTS OF SELECTED INSTITimONS
OF HIGHER EDUCATION PARTICIPATING IN
FEDERAL ASSISTANCE PROGRAMS

Subject:

Title IX of the Education Amendments of 1972, Prohibition
of Sex Discrimination Plans to End Discrimination in
Admission by Certain Educational Institutions

—

In August of 1972, the Office for Civil Rights wrote to you summarizing
the requirements of Title IX, "Prohibition of Sex Discrimination," of
A copy of Title IX is enclosed as
the Education Amendments of 1972.

Attachment A.
Title IX generally prohibits discrimination on the basis of sex, with
certain exceptions, in all educational institutions receiving Federal
financial assistance. This prohibition does not apply to military or
merchant marine schools or colleges, or to religiously controlled
institutions to the extent it is inconsistent with the religious tenets
of the organization controlling the institution.

With regard to student admissions, federally assisted institutions of
vocational, professional, graduate higher education, and public undergraduate higher education are required by Title IX not to discriminate
on the basis of sex beginning July 1, 1972, the date Title IX became
effective. These types of institutions are defined as follows:

An Institution of Graduate Higher Education means an
educational institution which offers:
1.
Academic study beyond the customary bachelor of arts or
bachelor of science degrees, whether or not leading to a certificate or any higher degree in the liberal arts and sciences;

Any degree in a professional field beyond the first professional degree; or
2.

No degree or further academic study, but which operates
3.
solely for the purpose of research by persons who have received
the highest graduate degree in any field of study.

248
-2-

An Institution of Undergraduate Higher Education means

An Institution offering at least two but less than four
1.
years of college level studies beyond the high school level,
leading to a diploma, or an associate degree or wholly or principally creditable toward customary baccalaureate degrees; or
2.
An institution offering programs of studies leading to
customary baccalaureate degrees, requiring at least four but
less than six years; or

An agency or body which certifies credentials or offers
3.
degrees, but which may or may not offer programs of study.
A Public Undergraduate Institution of Higher Education is an
undergraduate institution of higher education which is under
the control of publicly elected or appointed officials and
primarily supported by public funds.

An Institution of Vocational Education means a secondary
school or a post secondary institution (except an institution
of undergraduate higher education) which has as its primary
purpose preparation of students to pursue a technical, skilled,
or semi-skilled occupation or trade, or to pursue study in a
technical field.
An Institution of Professional Education means an educational
institution (except an institution of undergraduate higher
education) which offers a program of academic study that leads
to a first professional degree in a field for which there is a
national specialized accrediting agency recognized by the U.S.
Commissioner of Education.
(Please see Attachment B.)

Pursuant to Section 901(c) of Title IX, each administratively separate
unit of a federally assisted educational institution is treated as a
separate institution in determining which of its admissions processes
For these purposes, an "adminimust be free of sex discrimination.
stratively separate unit" of a federally assisted institution is
defined as a school, department or college of the educational institution which applies policies or criteria for admission of individuals
which are separate (but not necessarily different) from the policies
For
or criteria applied in any other component of the institution.
example, if a private university which receives Federal financial
assistance contains a graduate school, a law school, and an undergraduate college which are "separate administrative units" as described above, each is treated as a separate educational institution

249
-3-

The college's admissions would be exempt
as regards admissions.
from the requirement of Section 901(a), but those of the graduate
and law schools would not; the graduate and law schools would be
treated separately from one another in determining which, if either,
were eligible to operate under a plan.
The admissions prohibition does not apply to private undergraduate
institutions of higher education or to public undergraduate institutions of higher education which were founded as, and continue to be,
single-sex institutions or to military or merchant marine schools or
As described above, the prohibition also may not apply to
colleges.
religiously controlled institutions.

Institutions which were single sex as of June 2A, 1972, or which began
to admit students of both sexes after June 23, 1965, are not prohibited
from discrimination on the basis of sex in admissions until June 2-i, 1973,
In addition, these institutions may have up to six years afte.r June 24,
1973, to completely eliminate such discrimination if they are operating
under a transition plan which is approved by the Commissioner of Educati.-r
If, after studying this memorandum, you determine that your institution
is eligible to submit a plan to eliminate admissions discrimination,
please consult Attachment C, "Plans to Eliminate Discrimination in Ad-

Submissions
missions," for guidance in developing an appropriate plan.
should be made within 45 days of the date of this memorandum to:
Student Affairs Coordinator
Higher Education Division
Office for Civil Rights
Department of Health, Education,
and Welfare
20201
Washington, D. C.
Plans will be reviewed for adequacy and specifically approved or disapproved by the Commissioner of Education, as required by Title IX.
Educational institutions which submit plans found to be unacceptable^
will be so notified as soon as possible and offered further guidance.
Educational institutions which are eligible to submit a plan, but do
not, will be required not to discriminate on the basis of sex in
admissions as of June 24, 1973.
Some educational institutions not subject to the Title I.X requirements
in admissions or which are eligible to operate under a plan for eliminating discrimination, are nonetheless subject to the requirements of
Sections 799A or 845 of the Public Health Service Act and/or Part 83
These provisions toof Title 45 of the Code of Federal Regulations.
gether prohibit discrimination on the basis of sex in the health
training programs of any allied health training center, school of

250
-4-

nursing or medicine, or other college or entity which receives Federal
support under Titles VII or VIII of the Public Health Service Act. An
explanation of Sections 799A and 845 and Part 83 is enclosed at Attachment D (Forms HEW-590A and 590C)
The various exemptions from Title IX
do not change the obligations of institutions under Sections 799A and
845 or Part 83.
Thus an institution will not be eligible to receive
support under Titles VII or VIII of the Public Health Service Act if it
discriminates on the basis of sex in admissions to its health training
programs, or in any selection process which precedes eligibility for such
programs, even if it does so under a plan approved by the Commissioner
of Education under Title IX.
.

The regulation implementing Title IX referred to in the August 1972
memorandum is not yet available. This regulation will set forth all of
the requirements pertaining to that Title.
Should you have any questions concerning this matter, please feel free
to contact Burton M. Taylor, Student Affairs Coordinator, Office for
Civil Rights. His telephone number is Area Code 202 963-4418.

QSvJ-<^^Vvu^'^
Peter E. Holmes
Director
Office for Civil Rights

Attachments

(4)

John Ottina
U.S. Commissioner
of Education-designate

251

ATTACHMENT A
Public Law 92-318
92nd Congress, S. 659
June 23, 1972
Educntum

.Vmt'irdmetUs of 1072

TITLE IX— PROHIBITION OF SEX DISCRIMINATION
SEX DISCRIMINATION PROHIBITED

No person in the ITnited States shall, on the basis of
excludexl from participation in, be denied tiie benefits of, or be
subjected to discriniination under any education projrranj or activity
receiving Federal financial a-ssistance, except that
(1) in repard to admissions to e»fucational institutions, this
section shall
to institutions of vocational eilucation.
apply only
professional education, and ^raduato higher edtication, and to
public institutions of iinderjjraduat* higiier education
(2) in regard to admissions to educational institutions, this
section shall not, apply (A) for one year from the date of enactnicnt of this Act, nor for six years after such date in the case of an
educational institution which has
begun the process of changing
from being an institution which admits only students of one sex
to being an institution wiiich admit^is studen!.-. of both sexes, but
only if it is carrying out a plan for such n change whfah is
approved by the Conmiissioner of Education or (B) for seven
years from the date an educational institution begins the pro*'essot
changing from being an institution whicli aximits only students
of only one sex to being an in-stitutioi, ^vtiuh admits students of
both si'xes, but only if it is carrying out a plan for such a change
which is approved by the Commissioner of^ Education, whichever
is the later ;
(3) this section shall not apply to an educational institution
which is controlled by a religious organization if the application
of this subsection would not be consistent with the religious tenets
Sec. 901. (a)

sex,

Exceptions.

be.

of such organization;

apply to an educational institution
the training of individuals for the military services of the United States, or the merchant marine; and
(5) in regard to admissions this section shall not apply to any
public institution of undergraduate higher education which is an
institution that traditionally and continually frcxn its establishment has had a policy of admitting
only students of one sex.
(b) Nothing contained in subsection (a) of this section shall lie
interpreted to require any educational institution to grant preferential
or disparate treatment to the members of one sex on account of an
imbalance -whicli may exist with respect to the total number or percentage of persons of that sex participating in or receiving the oenefits
of any federally supported program or activity, in comparison with
the total number or percentage of persons of that sex in any community. State, section, or other area Provided, That this subsection shall
not be construed to prevent the consideration in
any hearing or proceeding under this title of statistical evidence tenaing to snow that
such an imbalance exists with respect to the
or receipt
participation in.
of the benefits of, any such program or activity by the members of
(4) this section shall not

whose primary purpose

one
D»finition,

sex.

For purposes of this title an educational institution means any
public or private preschool, elementary, or secondary school, or anv
institution of vocational, professional, or higher education, except that
in the case of an educational institution
composed of more than one
school, college, or department which are aaministratively separate
units, such term means each such school, college, or department.
(c^

252

FEDERAI, ADMINIBTRATIVB

INFORrrMKNT

Sfc. 902. Each Federal department and agency whirh is empowered
to extend Federal finnncial assistance to any education program or
activity, by way of prant, loan, or contract other than a contract of
insurance or guaranty, is authorized and dir-ect^'d to effectuate the
provisions of section 901 with respect to such program or activity hv
issuing rules, regulations, or orders of gencrnl applicability w'hich
shall bo consistent with achipvemei\t of the ol.jertives of tl)e stntuto
authorizing the financial assistance in connoction with which the
.action is taken. No such rule, regulation, or order shall iKs-ouie effective
iin'ess and until approved by the President. Coni])liance with any
requirement adopted pursuant to tliis section may be effected (1) by
the termination of or refusal to grant or to continue assistance under
such program or activity to any recipient as to whom there has been
an express finding on the record, after opportunity for hearing, of a
failure to comply with such requirement, but such termination or
refusal shall be limiti-d to the particular political entitv. or part
(hereof, or other re<'ipient as to whom such a finding ha> lH>en made,
and shall l)e limited in its effect to the particular program, or part
thereof, in which siich noncf)mi)liaiicp lias Ih^'tx so found, or (2) bv
any other means authorized by law ProvideiL hmrrrrr. Tltat no sucii
action shall be taken until the department or agency concerned has
advised the appropriate ])erson or j^ersons of the failure to comnlv
with the requirement and has determined that compliance cannot be
secured by voluntary means. In the case of any action terminating, or
refusing to p-ant or continue, assistance because of failure to comply
with a requirement imposed pursuant to this section, the head of the
Federal department or agency shall file with the committees of the
House and Senate having legislative jurisdiction over the propram
or activity involved a full written report of the circumstances and the
grounds for such action. No such action shall become effective until
thirty days have elapsed after the filing of such report.
:

JTTDICIAL

Report to
oon«r«ssional
<:<»™>itt«»».

SETIEW

Sec. 903.
Any department or agency action taken pursuant to
section 1002 shall be subject to such judicial review as may otherwise
be provided by law for similar action taken by such department or
agency on other grounds. In the case of action, not otherwise subject
to juaicial review, terminating or refusing to grant or to continue
financial assistance upon a finding ot failure to comply with any
requirement imposed pursuant to section 902, any
aggrieved

person
(including any State or political subdivision thereof and any agency
of either) may obtain judicial review of such action in accordance
with chapter 7 of title ft, United States Code, and such action shall
not be deemed oommittod to unreviewable agency discretion within
the meaning of section 701 of that title.

86 stat. 37?
so stat. 392.
s use toi.

253
-

ntoHiBrnoN aoainbt duokikinatioh aoaikst thx blutd
Sec. 904. No person in the United SUtes shall, on the ground of
blindness or severely impaired yiaion, be denied admission in any
course of study by a recipient of Federal financial assistance for any
education prog;ram or activity, but nothing herein shall be constmea
to require any such institution to provide any special serrioes to such
person because of his blindness or visual impairment.
-

EFTECT ON OTHni LAW^

Sec. 905. Nothing in this title shall add to or detract from any
ezistinff authority with respect to any program or activity under
which Federal financial assistance is extended oy way of a contract of
insurance or guaranty.

AMENDmCNTS TO

OTHE.H

LAWS

Sec. 906. (a) Sections 401(b), 407(a) (2), 410, and 902 of the Civil
Rights Act of 1964 (42 U.S.C. 2000c(b), 2000o-«(a) (2), 2000r>-9. and
20w)h-2) are each amended by inserting the word "sex" after H f^ word

78 Stat. 246,
266 .

"religion".
(bl (1) Section 13(a) of the Fair Labor Standards Act of 19»S (29
U.S.C. 213(a)) is amended by inserting after tbe words 'the provisions of section 6" the following: "(except section 6(d) in the case of
paragraph ( 1 ) of this subsection ) ".

75 Stat. 71.
77 Stat . 56.
29 use 206.

of subsection 8(r) of such Act (29 U.S.C. 208
(2) Paragraph
(r) (1) ) is amendea by deleting "an elementary or secondary school"
and inserting in lieu thereof "a preschool, elementary or secondary
school".

80 Stat. 831.

(8) Section 3(s) (4) of such Act (29 U.S.C. 208(b) (4} ) is amended
by deleting "an cJementary or secondary school" ana inserting in
lieu thereof

"a preschool, elementary or secondary school".

imWtFKKTATION WITH BESTBOT TO UTIXO rACIlfnBS
S>q. 907.
this title,

NotwithstAnding anything to the contrary contained in
nothing contained nerem shall be construed to prohibit any
educational institution r«oeiving funds under this Act, frexu maintaming separate living facilities for the different

254
ATTACHMENT B

SELECTED ASSOCIATIONS AND AGENCIES RECOGNIZED FOR THEIR SPECIALIZED
ACCREDITATION OF SCHOOLS OR PROGRAMS*

BUSINESS - American Association of Collegiate Schools of Business

DENTISTRY - American Dental Association
HOSPITAL ADMINISTRATION - Accrediting Commission on Graduate Education
for Hospital Administration

LAW - American Bar Association

LIBRARIANSHIP - American Library Association

MEDICINE - Liaison Committee on Medical Education representing the
Council on Medical Education of the American Medical
Association and the Executive Council of the Association
of American Medical Colleges
OPTOMETRY - American Optometric Association
OSTEOPATHIC MEDICINE - American Osteopathic Association
PODIATRY - American Podiatry Association
PSYCHOLOGY - American Psychological Association
PUBLIC HEALTH - American Public Health Association, Inc.
SOCIAL WORK - Council on Social Work Education
SPEECH PATHOLOGY AND AUDIOLOGY - American Speech and Hearing Association

THEOLOGY - American Association of Theological Schools

VETERINARY MEDICINE - American Veterinary Medical Association

*Excerpted from Nationally Recognized Accrediting Agencies and Associations March 1972, U.S. Department of Health, Education, and Welfare,
Office of Education, Bureau of Higher Education.
,

255
ATTACHMENT C

INSTRUCTIONS FOR "PLANS TO ELIMINATE DISCRIMINATION
IN ADMISSIONS"

Institutions are eligible to operate under plans during the period
beginning June 23, 1973, and ending no later than June 23, 1979. A
plan must identify each specific obstacle to nondiscrimination in
admissions which you believe will exist after June 23, 1973, and
It
provide for its elimination at the earliest practicable date.
should be noted, however, that sex discrimination in treatment of
students after admission and sex discrimination in employment have
been prohibited since June 24, 1972.
Your plan shall include the following information:
1.
State on the first page the name, address, and FICE Code of
your institution, the administratively separate units to which the plan
is applicable, and the name, address, and telephone number of the person
to whom questions concerning the plan may be addressed.
The person who
submits the plan shall be the chief administrator or president of the
institution, or another individual legally authorized to bind the institution to all actions set forth in the plan.
2.
State whether your institution has already begun to admit
students of both sexes, and if so, when it began to do so. An institution which began to admit students of both sexes prior to June 2A, 1965,
is not eligible to operate under a plan and must have eliminated all
discrimination in admissions as of June 24, 1972.

3.
Identify and describe any obstacles to admitting students without
discrimination on the basis of sex on and after June 23, 1973. This should
be done separately for each administratively separate unit to which the plan
Nondiscrimination does not imply that your institution must or
applies.
will accept students of either sex in any particular number or proportion,
but it does mean removal of all obstacles, based on sex, to admission of
students.

Many institutions may wish to increase their annual class size
at some time in the future, so that the number of students of the sex
previously favored need not be reduced, while more opportunities for
students of the other sex are provided.
Such a policy may not be adopted
as a substitute for nondiscrimination in whatever admissions your institution does undertake.
Consequently, financial or other considerations which
may delay an increase in enrollment cannot excuse eliminating admissions
discrimination after June 23, 1973.

256
-24.
Describe In detail the steps necessary to eliminate as soon
as practicable the obstacles described in item (3), and indicate for

each the schedule for taking these steps and the Individual (s) directly
responsible for doing so.
For each class or group of students whose admission commences
5.
after June 23, 1973, no policy or practice may result in different
treatment of applicants on the basis of sex, unless such treatment is
necessitated by an obstacle identified in item (3), and a schedule for
eliminating that obstacle is provided.

To overcome the effects of past exclusion of students on the
6.
basis of sex, your institution must take action to encourage individuals,
of the sex discriminated against, to apply to it and must include as part
of its plan specific steps designed to encourage such applications.
These steps shall include stating your institution's nondiscrimination
policy in all publications designed for applicants, students, and
counselors of applicants, as well as instituting recruitment programs
which emphasize the institution's commitment to enrolling students of
the sex previously excluded.
7.
Based on information available to your institution, include in
the plan estimates of the number of students, by sex, expected to apply
for and enter each class during the period covered by the plan.

8.
Please Include any other information which you believe to be
useful in evaluating your institution's elimination of sex discrimination
in its admissions.

257
ATTACHMENT D

DEPARTMENT OF HEALTH. EDUCATION, AND WELFARE
OFFICE OF THE SECRETARY
Office for Civil Rightt

330 Independence Avenue, S.W.
Washington.

DC. 20201

Explanation Ol

HFW FORM NO. 590. ASSURANCE OF COMPLIANCE WITH SECTION 199\ OF PART H.
TITLI VII, OF THE PUBLIC HEALTH SERVICE ACT. AND SECTION 845 OF PARTC. TITLE
VIII. Of THE PUBLIC HEALTH SERVICE ACT
I.

Applicability

.Section

7y9A

of Part H, Title VII, of the Public Health Service Act states that:

The Secretary may: not make

a grant, loan guarantee, or interest subsidy payment
or tor the benefit of, any school of medicine, osteopathy,
dentistry, veterinary medicine, optometry, pharmacy, podiatry, or public health or
any traming center for allied health personnel unless the application for the grant,
loan guarantee, or interest subsidy payment contains assuraiKCs satisfactory to the

under

this

Title

to,

Secretary that the school or training center will not discriminate on the basis of sex
in the admission of individuals to its
training programs. The Secretary may not enter
into a contract uncler this Title with any such school or
training center unless the
school or training center furnishes assurances s;itisfactory to the Secretary that it
will not discriminate on the basis of sex in the admission of individuals to its
training

programs.
Section 845 of Part C, Title VIH, of the Act imposes identical requirements with
respect to awards
to schools of nursing.
II.

Definitions

Because Sections 799A and 845 cover a wide variety of programs and institutions, a
snnple
Assurance of general applicability requires definitions of certain relevant terms.

A "center" or "training center for allied
PHSA Section 795(1), and Regulations

health professions," is an institution meeting the criteria of
thereunder. (Excerpts of Section 795(1). and other PHSA
sections cited below are attached to this Explanation.)

A "school" is any school of medicine, dentistry, osteopathy, pharmacy. optometr\ podiatr>
veterinary medicine or public health, as such schools are defined in PHSA Section 724(4). (See
attached.)
.

"school of nursing"

any "school of nursing" defined

PHSA

Section 843. (See attached.)

avoid repetition, the term "Educational Unit" shall refer to any "school" (as defined ahoveV
school of nursing, center, or other school or institution which receives an award under Titles VII or
VIM, or for whose benefit such an award is made.

HEW- SWA

(3/72)

258
ti-rni "trainint! propram" rcRrs to all courses, curricula, or other training offered by an
Itlucutional Unit anil kMdinp to aii\ ol tlic degrees specified in Sections 795( 1). 724(4), or 843 or
by regulation, whether or not the training program receives or is benefited by any award under

Tlic

Titles VII or VIII.

The

III.

VIM.

aiul

Coverage

a grant, loan guarantee, interest subsidy, or contract under Title VII or
thus subject to .Section 799A or Section S45.

"award" means

torni

litic

programs are not subject to the sc\ discrimination prohibitions

ilucalional Unit's traininji

1'^i.ausc

made ilircclly to
ncvcrdieless become subiect

no award

piogranis
lillc VII

lille

award

VIII

the l-ducational Unit, al! ot tlie Rducational Unit's training
to those prohibitions if the I'ducational Unit benefits from a
to .mother I ducational Unit. An .iward is said to "benellt" an

Toi iK

bciulit." whenever it h.is .my relationship with the recipient of an
designed \o give, any assistance or support to the implementation ol aiu
|-or example, if a hospit.il subject to the se\
training program al the I. ducational Unit
ihscrjmjnalion prohibitions permitted students of a school of nursing to jiarticipate in the liospital\
i.lassroom. clinic. il. or other Ir.iinint.' prt)grams, that award would 'benelil" the scliool ol nursing,
and all training progi.uiis ;ii ihe school of nursing would become subiect to the sex disciimination
prohihiliniis 1)1 Sections 7'>")A and X45.

Iducalional Unit, or

award whiih

gives, or

Il an AsMii.inee has been accepted by the Office for Civil Rights (OCR) from an l.ducatii>nal Unit
which sulise(Hiently oilers new training programs, llie Assurance extends automatically to the new
prourains An I. ducational Unit need not submit a separate Assurance form in application for
(hllerenl .iw.irds However. Ihe Assur.iiue will be cont.iined in the text of the documents b\ which
eaili iiuliMiliial awaid is made. If a college or university incluiles nuire than one bducational f'nii.
Ilie mllege or iimversily iii;i\
il
it
chooses, file a single Assurance which will appl> to all training
.

piour.ims

in all ol Ihe msliliilioirs

ducational Units.

college or university whicli is a "center" will include one or more
"
lor purposes ol ascertaining the ajiplicability of the sex
nursing
(lisciiinmalion prohihihons ol Sections 7'J'*A and HAS in those situations, each school or school oi
nursing is luated as ,m diie.ilional Unit separate from Ihe center (and. as stated above, l-ducation.il
'nits are ilelined .is those institutions which receive or benelil from an award under Titles VII or
Situ.iliitiis

will

'"schools."

.uise

when

"schools ol

III

and aie subiect to Ihe sex discrimination prohibitions of Sections 799A and 845).

In this siliialion. if an award is made to or for Ihe benefit of the center alone, i.e. exclusive of the
school or school of nursing. Ihe Assurance extends io all training programs offered by the center
.iloiie. II the awaril also benefits a school, or school of nursing, which is part of the center, the

AssiiraiKc also exteiuls Io all tiaining programs offered at that benefited school or school ol
nursing. II .in award is made to or lor the henelit of a school, or school of nursing, which is pari oi
ilie cenier. Ihe Assiiraiue extends to all training programs offered by th.it school, or school o\
In iddilion. il Ihe same award also benefits the center, or another school or sciiool ol
nursing which is part ol the center, tiie Assurance extends to all training programs offered b\ the
l>eneliled leiiUr or oilier school oi school of nursing.

nursing

or example,

a university offering training leading to any of the degrees specified in Section 7'^)5(
meeting the other criteria specilied therein, is a "training center for allied health professions."
II
the university also operates a medical school, as defined in Section 724(4), the medical school is
considered as an
ducational Unit separate from the university in its capacity as a center. If the
inedkal school leceives an award, all its training programs become subject to the sex discrimination
I

.iinl

)

259
M llic iiiiiviiNJly ci.nKr's ;illicd la-iillli trainint; is not olTcrcd in the nioJicul school, ami
dors nol iiciivi.- oi iHiulil Irom any olhcr Title VII or lillo VIII award, it is i\ol
.mI)hiI to till MX diNLinnination prohihitions. However, it sludi.nl- in the allied healtli projiranis
li.iilnipule ill classes liiiukd in whole or in part by the award to the medical school, or use lacihties
luiided liy siieli an award, the allied healtli trainint: would "benelil" from the award In that event.
(/// allied health programs would be subject to the s<.'x discrimination prohibitions
proliibilions.
lliil

IV.

All

ti,iiiiii)(!

The Meaning of Nondiscrimination
I

diieational Unit subject to the Assurance

Irom another

may

not.

the basis of se\. treat

one

iiuliviihial

determinini; whether he or she satislies any enn>llmcnt. elijiibililv oi
olhei condition lor admission to any ol its trainini! pro{:iams. "Aiimissions*" relcrs to all aNpect> o\
ain process by which the
ducatioiial Unit selects students or other participants in its tr.immi:
iliicalu'ii.il
piofiiaiiis. II a Iraimnj; piotir.ini williiii a "single sex" Ithicatioiia! Unit, or within an
nil which uses restrictive admissions cjuotas based on the sex ol the applicant, ailniits Ntudcni-.
dillereiilly

only Irom that

Admissions

diieational Unit, admissions to the traininj: proiiram are discriminator\

criteria, processes, or decisions

cannot

reflect

any bias on the

b.isis ol se\.

oi cs.iiiiplc.

inked sepaialely accordiiif; to their sex. nor cm standards loi i.mkiiii:
applicants by Ihe use ol iirades. test seores. aptitude scores or ol'ier means, ditier lor applic.intv ol
applicants

eaiinol

e.Kli sex.

Kecruilmeiit

proceilurcs must encourage potential applicants ol both sexes to apph and must
any past discrimination. The I duc.itional Unit's nondiscrinnnatvirv

eliininate ileterrent ellects ol

must be made known to potential ajiphcants. This should be accomplished b\ specil\ins:
recruiting materials that the i-ducatioiial Unit seeks and admits students, and provides benetlts lo
studeiils alter admission, without regard to their sex. The l-ducalional Unit should piij-'lici'c this
policy, and all interviewers and other participants in its recruiting and admissions acti\itics must be
pnlieics

all

made aware ol the policy. 11 it is determined that the ellects ol past discriininatorv policies
continue to deter applicants, and that tiie deterrent eliects are not eliminated tluoiigli liu
implementation ol a nondiscriminatory recruiting and admissions policy, the I diicationa! Unit nui\
be re(|uired to direct recruiting activities toward potential applicants ot the sex ag.iinsi wlikh
restrictions have previously operated, ("onsideration ol an applicants sex m recruiimcnl and
admissions is nol prohibited where such consideration is lor the purpose and has the cKect of
oveicoming prior

restrictive practices.

Nondiscrimination

admission to a training program includes nondiscrimination in all piaciuo
and students in the program; nondiscrimination in the cnio\ment ote\er\
right, privilege, and opportunity secured by admission to the program; and nondiscrimination in all
employment practices relating to employees working directly with applicants to or students in the
program. The l^ducational Unit must eliminate unintentional as well as purposelul discninination.
and must administer its program so that no individual is treated or participates ditlerentlv Irom an\
in

relating to applicants to

other,

on the

basis ot sex.

The Tducational Unit may not in any way use administrative criteria or methods which result in
discrimination on the basis ol sex. This requirement applies to determinations ol (1 ) the Ivpes ol
services, tinancial aid or other bencl'its and t'acilities which will be provided in the training prour.im;
(2) the situations in which the services will be provided; and l^) the class ot individuals who uku
participate in the program, or who will be provided the services, aid. benefits, or lacihties. For
example, training may not be olTered in facilities to which members o\ either sex are denied
may the Educational Unit, in operating a training program, permit groups not

admission, nor

260
subjcLt to the sex discrimination prohibitions to participate,

those groups discriminate on

tiie

h;isis ol sex.

Compliance Information and Procedures

In orckr lor

OCR

to asccrl;iiii compliynce with Section

799A

or Section 845, eacii Fducational Unit

he rei)iiin.d to keep ;md submit to OCR such information relating to its obligations under the
Assurance as the Director, OCR, may request. This incUides permitting access by representatives of
0( R lo such of the liiliicalionai Unit's records and other sources of information, and its faciliiies.
will

as the
I

Directoi,

OCR.

inay reiiucst.

OCR

will

conduct periodic reviews of the practices of each

diicational Unit.

review indicates an apparent or probable breach of the obligations imposed by Sections 7»io.-\ or
the Director, (X'R. will promptly inform the Fducational Unit and attempt to res^iKe the
ni.iller by conciliation. II the matter cannot be resolved informally, the Dep;irtnient will seek
remecly through administrative or judicial procedures. Remedies may include suspension or
teiinination of. and refusal to make or continue, any award which is subject to Sections 7P9A or
S4S. .mil IS to or for the benefit of the Educational Unit.
II

K4'>.

A'laclmienls

261
PUBLIC HEALTH SERVICE ACT:
Section 724(4):

The terms "school of medicine", "school of dentistry", "school of osteopathy",
"school of pharmacy", "school of optometry", "school of podiatry", "school of
veterinary medicine", and "school of public health" mean a school which provides
training leading, respectively, to a degree of doctor of medicine, a dejiree of doctor of
dentistry or an equivalent degree, a degree of doctor of osteopathy, a degree of
bachelor of science in pharmacy or doctor of pharmacy, a degree of doctor of
optometry or an equivalent degree, a degree of doctor of podiatry or doctor of
surgical chiropody, a degree of doctor of veterinary medicine or an equivalent degree,
and a graduate degree in public health, and including advanced training related to such
training provided by any such school.
.

PUBLIC HEALTH SERVICE ACT:
Section 795:
(1)

The term

"training center for allied health professions"

means

a junior college,

college, or university

(A) which provides, or can provide, programs of education leading to a
baccalaureate or associate degree or to the equivalent of either or to a higher degree in
the medical technology, optometric technology, dental hygiene, or any of such other
of the

allied health professions curriculunis as are specified by regulations, or which, if
junior college provides a program (i) leading to an associate or an equivalent
degree, (ii) of education in optometric technology, dental hygiene, or curricuhims as
in

by regulation, and (iii) acceptable for full credit toward a baccal.uire.itc
or equivalent degree in the allied health professions or designed to prop.ire the student
to work as a technician in a health occupation specified by regulations of the Surgeon
are specified

(iencral,

(B) which provides training for not less than a total of twenty persons m su».h
curriculums,
(C) which, if in a college or university which does not include a teaching
hospital or in a junior college, is atTiliated (to the extent and m the manner

determined in accordance with regulations) with such a hospital,
(D) which is (or is in a college or university, which

is) accredited by
recognized body or bodies approved for such purpose by the Commissioner of
Kducation, or which is in a junior college which is accredited by the region.il
accrediting agency for the region in which it is located or there is satisfactory
assurance afforded by such accrediting agency to the Surgeon General that reasonable
progress is being made toward accreditation by such junior college, and
(R) in the case of an applicant for a grant under Section 793. which, if the
college or university does not include a school of medicine, school of osteop.ithy.
school of optometry, or school of dentistry, as defined in paragraph (4) of Section
724, as may be appropriate in the light of the training for wiiich the grant is to be
made, is affiliated (to the extent and in the manner determined in accordance with
regulations) with such a school.
.

262
litlc

(

luK' ol

cdcral Rcgiilutions

Siilion 57.703 Specified cun-iciilums.
(;i)

Basit iind spici.il JmprovcnH'iit gr.ml liiiids jtithori/cd under Section 702 ol
iisi-il to develop uml improve eiirrKiilums wliieii iiii.ilil\
siiuleiil-. tor

Act m;iy be

llu'

IJu- li;ice;il;mre;ile

dejiree or its e(|iiiv jleiit or masters degree to the eMeiit reiiiiired lo
ot" the tollowint;

meel basic prolessional reiiuirements lor employment as one
(
Medical Teclinoloijisl.
)
1

(2) Optomelric leehnolojiisl.
(3) Dental lly-iienisl
('4)

Radiologic rechnolt>i;ist.

(5)

Meilieal

(())

Dietiliin.

Record

ihrarian.

(7) Otciipalioiial llierapist.

(X)J'hysieal llierapist.
(''("Sanilanaii.

(b)

the Act

Uasie and special improvement uraiil liinds aiil' oii/ed under Section "'"2 >>i
also be used lo develop and improve eiim, iilunis \\liieh i|iiahl\ siiidenlv

may

Ihe associate degree or its e(|Uivalent aiul lor einplm
(
)
X-ray rechiiK an

loi

(2)

meni

one oT the lollowing

Medical Keeoid

I'eclinician.

lechmeijn.
Denial laboratory Teehnieian.
(5) Dental Mygienisl
((>» Denial Assistant
(<)

Inlialalion Tlierapy

(

Ophthalmic

Assistant.

(X) Oceiipalional

herapy Assistant.

Dietary lechnician.
(10) Medical Laboratory leehiucian.
(11) Optomelric Teehnieian.
('>)

(12) Sanitarian Teclmiei.in.
lille

(

ovie ol

ederal Regulations

Section

5 7 70')

Determination of number of students.

(a) for purposes of Section 795(1 )(B) ol the Act. the number ol students to
which a center provides training in one or more ol the currieiilmns specified m Section
5 7 703 shall be the number ol lull-time students receiving training in such curriculums
on October 15 of the fiscal year in which application is made, provided that assurances

satislactory to the Secretary are received that a minimum of si\ full-time students
received training in each such curriculum on such date. .
.

PUBLIC HEALTH SERVICE ACT:
Section K43;
*

•

term "school of nursing" means a collegiate, associate decree, or
diploma school of nursing.
(c) the term "collegiate school of nursing" means a department, division, or
other administrative unit in a college or university which provides primarih or
(b) the

263
exclusively a program of educjtion in professional nursing and allieil suhjects leading
to thu degree of bachelor of arts, baclielor of science, bachelor of nursing, or to an
e<|uivalent degree, or to a graduate degree in nursing, and including advanced training
related to such program of education provided by such school, but only il sucli

program, or such unit, college or university is accredited.
(d) the term "associate degree school of nursing" me.ms a department,
division, or other administrative unit in a junii)r college. eommunit> college, college or
university which proviiles primarily or exclusively a two-year program ol education In
professional nursing and allied subjects leading to an associate degree in nursuig or to
an eciuivalcnt degree, but only if such program, or sucli unit, college, oi univer\it\ is
accredited.

term "diploma school of nursing" means a school allih.ited with
or an independent school, which provides primariU 01
exclusively a program of education in profcssii)nal nursing and .lihed suli|ects le.uling
In a iliploma or to equivalent indicia liuil such program has been s.iiisfacloniv
completed, but only if sucli program, or such affiliated school or such hospital 01
university or such independent school is accredited.
(e)

hospital

the

imivcrsity.

264
Explanation Of

HEW FORT^ NO. 590 ASSURANCE OF CX^IPLIANCE WTIH SECTLCSi 799A OF PART H,
TITI£ VII, OF THE PUBLIC HEALTH SERVICE ACT, AND SECTION S>i5 CF PART C,
AKENDIW
TITLE Vni, OF THE PUBLIC HEALTH SERVICE ACT
,

—

This addendum Is desigied to aid in inplementlng ^5 CFR Sectlcxi 83. 1,
insofar as that regulation inposes obligatlcais upon entitles which
are not enumerated In Sections 799A and 8^5 of the Public Health Service
Act and which receive assistance under Titles VII and VIII of that Act.
The regulation was prcrrulgated by the Secretary of this Department en
May 26, 1972, arxi was published at 37 Fed. Reg. 10938, June 1, 1972.
VII and VIII of the Public Health Service Act , as amended by the
Comprehensive Health Manpower Training and Nurse Training Acts of 1971,
authorize the Secretary of Health, Educatlcxi, and Welfare to award
financial assistance to promote the training of health personnel and
to sustain the viaJbillty of health training institutions. Sections
799A and 815 of the Public Health Service Act , k2 U.S.C. 295h-9 ard
298, direct the Secretary to require, from certain types of entitles
applying for such awards, assurances of nondiscrimination on the basis
of sex in admissions to health-related training programs. Adhiinlstration of those provisions has been delegated to the Director, Office
for Civil Rl^ts.
Titlar.

Section 83. 1, referred to above, requires that such nondiscrimination
assurances be obtained from all entitles applying for awards under
titles VII and 'VIII. That section reads as follows:
§83.1

Assurances required.

No grant, loan guarantee, or interest subsidy
payment under titles VII or VIII of the Public Health
Service Act shall be nade to or for the benefit of any
entity, and no contract under titles VII or VIII of the
Public Health Service Act shall be nHde with any entity,
unlenc the entity furnishes assurances satisfactory to
the DiPector, Office for Civil Ri^Tts, that the entity
will tot discriminate on the basis of sex in the admission of individuals to its training programs.
in order to conpl.s with this provision, where a recipient of assistance
under title VII oi- title VIII is not subject to Section 799A or 8^45,
the recipient must execute the attached "ASSURANCE OF COMPLIANCE WITH
45 CFR Part 83."
The body of this Explanation (Form HEW-590A (3/72)) shall be
applicable as appropriate to the attached Assurance. F^wever,
the term "Educational Unit", as defined in Section II of the
Explanation, shall include, in addition to its present definition,
any entity not enumerated in that definition which receives an award
under Titles VII or VIII, or for whose benefit such an award Is made.

HEW-5:iOC (6/72)

265
DEPARTMENT OF HEALTH, EDUCATION. AND WELFARE
OFFICE OF THE SECRETARY
WASHINGTON. D C 20201

May 30, 1973
Mmoi^MIDUM FOR DIRECTORS OF lUSTITUTIOflS OF VOCATIONAL
EDUCATION PARTICIPATING IN FEDERAL ASSISTAi^CE PROGRAMS

SUBJECT:

Title IX of the Education Amendments of 1972. Prohibition
of Sex Discrimination in Admission by Certain Educational
Institutions

Title IX {':enerally -prohibits discrimination on the banis of sex, with
certain exceptions, in all educational institutions recciivinf; Federal
financial assistance. This prohibition does not apply to military crmerchant marine schools or colleges, or to relif/.iously controlled lri.';t,itutions to the extent it is inconsistent with the religious tenets of
the orf;anization controllinc the institution.

A copy of an earlier memorandum for Chief State School Officers and local
school superintendents and a copy of Title IX are enclosed as Attachjnent A,
The Federal Re,";ulation implementing Title IX is not yet available. This
Regulation will set forth all of the requirements pertaining to that Title.
With regard to student admissions, federally assisted institutions of
vocational education are required by Title IX not to discriminate on the
basis of sex beginning July 1, 1972, the date Title IX became effective.
These institutions are defined as follows
:

An Institution of Vocational Education moans a secondary
school or a post -secondary institution (except an institution
of undergraduate higher education) which has as its primary
pi.irpose the preparation of students to pursue a technical,
skilled or semi-skilled occupation or trade, or to pursue
study in a technical field.

Institutions of vocational education which were single-sex as of June 2k,
1972, or which began to adinit students of both sexes after June 23, 1965,
arc not prohibited from discrimination on the basis of sex in admissions
until June 24, 1973. In addition, these institutions may have up to six
years after June 2h, 1973? to completely eliiTiinate such discrimination
provided, however, that they are operating under a transition plan, prepared by the institution, submitted to this Office, and approved by the
Commissioner of Education.

266

ir, after .:tud.yinf'; this memorandiom, you determine that your institution
is amony t?iose which would be eligible to submit a plan to eliminate
discrimination in admissions, please consult Attachment B, "Plans to
Eliminate Disci'imination in Admissions," for f^idance in developing an

appropriate p]an. Submissions should be made within 15 lays of the date
of this mcjtiorandum to:

Vocational Kducation Coordinator
Divisior of Elementary and Secondary Education
LHEW/Office for Civil Rights
330 Independence Avenue, S.W.
Washington, D.C. ^0201
Plans v/ill be reviewed for adequacy and specifically approved by the
Commissioner of Education, as required by Title IX. Educational institutions wliich submit plans found to be imacceptalilc will Ijc so notified
as soon as possible and offered further guidance.
Educational institutic^nr
which are eligible to submit a plan, but do not, will be required not to
discriminate on the basis of sex in admissions as of June 2k, 1973.
Shoiild you liave any questions concerning this matter, please feel free to

contact David Gerard, Vocational Education Coordinator, Office for Civil
Eights. His telephone number is Area Code 202/S(>2-kG8(j.
'

il/u-

\'u'.

Peter E. Holmes
Director
Office for Ci-vil Rights

Att acl miunt s

(

)

9^.^^s^
/^/John Ottina

(/^ U.S. Commissioner
of Education-designate

267

DEPARTMENT OF HEALTH. EDUCATION. AND WELFARE
OFFICE OF THE SECRETARY
WASHiNGTON D C 20201

February 1973

MEMORANDUM FOR CHIEF STATE SCHOOL OFFICERS AND LOCAL
SCHOOL SUPERINTENDENTS

Title IX of the Education Amendments of 1972 Prohibiting
Discrimination on the Basis of Sex as it Affects Elementary,
Secondary and Vocational Schools and Programs

SUBJECT:

On June 8, 1972, the Congress enacted the "Education Amendments of 1972,"
On June 23, 1972, the President signed the measure into law, and it
became effective on July 1, 1972. Title IX of this Act prohibits discrimination on the basis of sex in all federally assisted education programs
and amends certain portions of the Civil Rights Act of 196A and the Fair
Labor Standards Act. The Office for Civil Rights, Department of Health,
Education, and Welfare, is presently developing regulations to implement
Title IX. For your immediate information, however, I have set forth a brief
summary of the Act, with primary emphasis on its applicability to elementary,
secondary and vocational schools and programs. A copy of the law is attached.
Basic Provision
Title IX states:
"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.

..."

This sex discrimination provision of Title IX is patterned after Title VI
of the Civil Rights Act of 1964 which forbids discrimination on the basis
of race, color, or national origin in all federally assisted programs.
As indicated below, there are exemptions to, and a deferment in, implementing
Title IX as it applies to admissions.
However, effective July 1, 1972, as
a condition of receiving Federal assistance, preschools, elementary, secondary,
and vocational schools must make all other benefits and services available
to students without discrimination on the basis of sex and must implement
employment practices which do not discriminate on the basis of sex, except as
provided in D.
B.
The Act covers all educational programs and activities which
Coverage
are offered by any institution, organization, association or group, not
exempt under the Act, and which receive Federal financial assistance by way
of grant, loan, or contract, other than a contract of insurance or guaranty.
Institutions which are covered include public and private preschools,
elementary and secondary schools, and institutions of vocational education.
:

24-725

268

Certain types of educational
Provisions Concerning Admissions
Institutions covered by Title IX are prohibited from discriminating on
the basis of sex in all of their programs and activities, including
The only elementary and secondary schools covered by the
admissions.
admissions prohibition are institutions of vocational education.
Such
institutions are required not to discriminate in admissions on the basis
of sex as of June 24, 1972.
Institutions of vocational education which
as of June 23, 1972, were open only to students of one sex and institutions
of vocational education which admitted only students of one sex as of
June 23, 1965, but which after that date admitted students of both sexes,
will be exempt from the nondiscrimination in admissions requirements until
the close of June 23, 1973, and for six years thereafter (i.e., until June 24
1979) provided they are implementing a transition plan approved by the
Commissioner of Education.
C.

During the exemption and transition periods, institutions of vocational
education are subject to all other provisions of the Act and may not
discriminate against admitted students on the basis of sex,
D.

Other Exemptions

1.
Institutions controlled by religious organiReligious Institutions:
zations are exempt from the prohibition of Title IX to the extent that such
prohibitions are inconsistent with the religious tenets of such organizations.
2.
Military Schools: Those educational Institutions whose primary
purpose is the training of individuals for the military services of the
United States or the Merchant Marine are exempt.

Provision Relating to Living Facilities
The Act allows institutions
receiving Federal funds to maintain separate living facilities for persons
of different sexes.
E.

Who Enforces the Act : The Federal departments empowered to extend aid
to educational institutions have the enforcement responsibility.
(The
enforcement provisions are virtually identical to those of Title VI of the
Civil Rights Act of 1964). Reviews may be conducted whether or not a
F.

complaint has been filed. We presently are in the process of developing
procedures under which this Agency will represent most Federal agencies in
the administration of Title IX, as is presently the case under Title VI of
the Civil Rights Act of 1964.

269
- 3 -

Individuals and organizations may challenge any
Who May File Charges
practice or policy prohibited under Title IX by filing a complaint with
HEW or any other appropriate Federal agency.
G.

An investigation is conducted,
What Happens When a Complaint is Filed
and if a violation is found, informal conciliation and persuasion
are first used in an effort to eliminate the discriminatory practices.

if warranted,

If persuasion fails, the Act provides for
Formal Enforcement Procedures
Such action
formal hearings conducted by the Federal agency (s) Involved.
can result in the termination or withholding of Federal financial assistance.
In some instances, cases may be referred to the Department of Justice with
a recommendation that formal legal action be taken.
Recipients of Federal
monies which have been terminated or withheld may seek judicial review of
the final order issued by the agency.
I.

Institutions cannot be required to establish or
Preferential Treatment
grant preferential or disparate treatment to the members of one sex solely on
account of an imbalance which may exist with respect to the total number or
percentage of persons of that sex participating in or receiving the benefits
of any federally supported program or activity in comparison with the total
number or percentage of persons of that sex in any community. State, section,
or other area.
However, this provision does not mean that corrective actions
may not be undertaken or required to overcome past discrimination, or that
evidence of a statistical Imbalance may not be used to prove the existence
of discrimination.
J.

Students cannot be denied admission
Provision Concerning Blind Students
on the grounds of blindness or severely Impaired vision to any federally
assisted education program or activity. The institution, however, is not
required to provide special services for such persons.

We will provide more specific guidance on the requirements of Title IX in
the future.
In the interim, if you have any questions relating to the
implementation of Title IX, please feel free to write to me.

'(^./^^<
Patricia A. King
Acting Director
Office for Civil Rights
Attachment

270

Law 92-318
Congress, S. 659
June 23, 1972

Public
92nci

Education Amendments of

197^2

TITLE LX— PROHIBITION OF SEX DISCRIMLXATION
SEX DISCRIMINATION PROHIBITED

No person in the United States shall, on the basis of
excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any education program or activity
receiving Federal financial assistance, except that
(1) in regard to admissions to educational institutions, this
section shall apply only to institutions of vocational education,
professional education, and graduate higher education, and to
public institutions of undergraduate higher education
(2) in regard to admissions to educational institutions, this
section shall not apply (A) for one year from the date of enactment of this Act^ nor for six years after such date in the case of an
educational institution which has begun the process of changing
from being an institution which admits only students of one sex
to being an institution which admits students of both sexes, but
only if it is carrying out a plan for such a change whfah is
approved by the Commissioner of Education or (B) for seven
years from the date an educational institution begins the process of
chan^ng from being an institution which admits only students
of only one sex to being an institution which admits students of
both sexes, but only if it is carrying out a plan for such a change
which is approved by the Commissioner of Education, whichever
Sec. 901. (a)

sex, be

Exceptions.

;

the later ;

(3) this section shall not apply to an educational institution
is controlled by a religious organization if the
application
of this subsection would not be consistent with the religious tenets

which

of such organization;
(4) this section shall not apply to an educational institution
is the training of individuals for the military services of the United States, or the merchant marine; and
(5) in regard to admissions this section shall not apply to any
public institution of undergraduate higher education which is an
institution that traditionally and continually from its establishment has had a policy of admitting only students of one sex.
(b) Nothing contained in Subsection (a) of this section shall be
interpreted to require any educational institution to grant preferential
or disparate treatment to the members of one sex on account of an

whose primary purpose

imbalance whicli may exist with respect to the totalTiumber or percentage of persons of that sex participating in or receiving the benefits
or any federally supported program or activity, in comparison with
the total number or percentage of persons of that sex in any community. State, section, or other area

not

Definition.

Protfided,

That

m construed to prevent the consideration

this subsection shall

any hearing or pro
evidence tending to show that
in

ceeding under this title of statistical
such an imbalance exists with respect to the participation in. or receipt
of the benefits of, any such program or activity oy the members of
one sex.
For purposes of this title an educational institution means any
(c)
public or private preschool, elementary, or secondary school, or any
institution of vocational, professional, or higher education, except that
in the case of an educational institution composed of more than one
school, college, or department which are administratively separate
units, such term means each such school, college, or department.

271

FEDERAL ADMINISTRATIVE ENFORCEMENT
Sex?. 902. Each Fexleral department and
to extend Federal financial a^sistance'to

agency which is empowered
any education program or
activity, by way of grant, loan, or contract other than a contract of
insurance or guaranty, is authorized and directed to effectuate the
provisions of section 901 with respect to such program or activity by
issuing rules, regulations, or orders of general applicability which
shall be consistent with achievement of the objectives of the statute
authorizing the financial assistance in connection with which the

No such

rule, regulation, or order shall become effective
approved by the President. Compliance with any
requirement adopted pursuant to this section may be effected (1) by
the termination of or refusal to grant or to continue assistance under
such program or activity to any recipient as to whom there has been
an express finding on the record, after opf)ortunity for hearing, of a

action
un'ess

taken.

and

until

failure to cximply with such requirement, but such termination or
refusal shall be limited to the particular political entity, or part
thereof, or other recipient as to whom such a finding has been made,
and shall be limited
its effect to the particular program, or part
thereof, in which such noncompliance has been so found, or (2) bv

any other means authorized by law Provided, however. That no such
:

action shall be taken until the department or agency concerned has
advised the appropriate person or persons of the failure to comoly
with the requirement and has determined that compliance cannot be
secured by voluntary means. In the case of any action terminating, or
refusing to grant or continue, assistance because of failure to comply
with a requirement imposed pursuant to this sectioti, the head of the
Federal department or agency shall file with the committees of the
House and Senate having legislative jurisdiction over the propram
or activity involved a full written report of the circumstances and the
grounds for such action. No such action shall become effective until
thirty days have elapsed after the filing of such report.

Report to

concessional
committeos.

JUDICIAL REVIEW
Sec. 903. Any department or agency action taken pursuant to
section 1002 shall be subject to such judicial review as may otherwise
be provided by law for similar action taken by such department or
agency on other grounds. In the case of action, not otherwise subject
to ju(5icial review, terminating or refusing to grant or to continue
financial assistance upon a finding of failure to comply with any
re^juirement imposed pursuant to section 902, any person aggrieved

(including any Stat« or political subdivision thereof and any agency
of either) may obtain judicial review of such action in accordance
with chapter 7 of title 6, United States Code, and such action shall
not be deemed committed to unreviewable agency discretion within
the meaning of section 701 of that title.

86 STAT. 375
80 Stat. 392.
5 use 701,

272
-

FROHmmON

AGAINST DISCRIMINATION AGAINST THE BLIND

Sec. 904. No person in the United States shall,
blindness or severely impaired, vision, be denied
course of study by a recipient of Federal financial
education program or activity, but liothing herein

on the ground of
admission in any
assistance for

any

shall be construed
special services to such

any such institution to provide any
person because of his blindness or visual impairment.
to require

EFFECT ON OTHER LAWS
Sec. 905. Nothing in this title shall add to or detract from any
existing authority with respect to any program or activity under
which Federal financial assistance is extended by way of a contract of
insurance or guaranty.

AMENDMENTS TO OTHER LAWS
78 Stat. 246,

266.

75 Stat.
77 Stat.

71.
56.

29 use 206c

Sec. 906. (a) Sections 401(b), 407(a) (2), 410, and 902 of the Civil
Rights Act of 1964 (42 U.S.C. 2000c(b), 2000o-6(a) (2), 2000c-9, and
20W)h-2) are each amended by inserting the word "sex" after the word
"religion".
(bl (1) Section 13(a) of the Fair Labor Standards Act of 1936 (29
U.S.C. 213(a)) is amended by inserting after the words "the provieions of section 6" the following: "(except section 6(d) in the case of
paragi'aph (1) of this subsection)".
(2)

so Stat. 831,

(r) (1)

Paragraph (!) of subsection S(r) of such Act (29 U.S.C. 203
is amended by deleting "an
)
elementary or secondary school"

and inserting in lieu thereof ''a preschool, elementary or secondary
school".
(8) Section 3 (s) (4) of such Act (29 U.S.C. 203(s)
) is amended
(4]

by deleting "an elementary or secondary echool" ana inserting
lieu thereof

"a preschool, elementary or secondary school".

INTERPRETATION WITH RESPECT TO UVINO FACIUTIES
Sue. 907. Notwithstanding anything to the contrary contained in
this title,
nothing contained nerein shall be construed to prohibit any
educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes.

273
ATTACliWEl T

riJSTRUCTTOwS FOR "PI.AKS 'J'O LLIIliKATF I.'ISCRIMINATION
IW ADMISSIONS"

Institutions are

to operate under plaiis d\iring the period
A
1973, and ending no later than June 23, 1979.
plan n/ur:t identify each specific obstacle to nondiscriiiiination in
admissions which you believe v;ill exist after June 23, 1973, and
It
provide Cor its elimination at tb.e earliest practicable date.
should be noted, however, that se:: discrimination in treatment of
students after admission and sex discrir.iiuatjon in employment liave
been proliibited since June 24, 1972.
clij^-.ible

beginnjuj; June 23,

Your plan shall include the iolloving information:
1.
State on tlie first pa[;e the name, address, and FICE Code of
your institution, the administratively separate units to which the plan
is applicable, and the: name, address, and telephone nuuber of the person
to whom questions concerning the plan may be addressed.
The person who
submits the plan shall be the chief administrator or president of the
institution, or another individual legally authorized to bind the institution to all actions set forth in the p]an.
2.
State whetlier your institution has already bej^un to admit
students of both sexes, and if so, when it bef*,an to do so. An institution which began to admit students of both sexes prior to June 24, 1965,
is not elipible to operate under a plan and must have eliminated all
discrimination in admissions as of June 24, 1972.
3.
Identify and describe any obstacles to admitting students without
discriiiination on the basis of sex on and after June 23, 1973.
This should
be done separately for each administratively separate unit to which the plan
nondiscrimination does not imply that your institution must or
applies.
will accept students of either sex in any particular number or proportion,
but it does mean removal of all obstacles, based on sex, to admission of
students.

Many institutions may wish to increase their annual class size
at some time in the future, so that the number of students of the sex
previously favored need not be reduced, while more opportunities for
students of the other sex are provided.
Such a policy may not be adopted
as a substitute for nondiscrimination in whatever admissions your institution does undertake.
Consequently, financial or other considerations which
may delay an increa; c in enrollment cannot excuse eliminating admissions
discrimination afte) June 23, 1973.

274
-24.
Describe in dr^tail Lhe steps neccfisar) Uo eliminate as soon
as practicable the o\< itacles de.scrd.hcd in itom (3) , and indicate for
each the scliedule for taking these steps and the individual (s) directly
responsible for doinf so.

For each cias.s or croup of students whose admission commences
5.
after June 23, 1973, no policy or practice may result in different
treatment of applicaut.'; on tlie basis of sex, unless such treatment is
necessitated by -an obstacle identified in item (3), and a schedule for
eliminating that obstacle is provided.

6.
To overcome the effects of past exclusion of students on the
basis of sex, your institution must take action to encourage individuals,
of the sex discriminattd ayainst, to apply to it and must include as part
of its plan specific steps designed to encoura£je such applications.
These steps sliall include stating your institution's nondiscrimination
policy in all publications desip.ned for applicants, students, and
counselors of applicants, as well as instituting recruitment programs
which emphasize the institution's commitment to enrolling students of
the sex previously excluded.
7.
Based on information available to your institution, include in
the plan estimates of the number of f;tudents, by sex, expected to apply
for and enter each class during the period covered by the plan.

8.
Please include any other Information which you believe to be
useful in evaluating your institution's elimination of sex discrimination
in its admissions.

275

1 '.

i.\.'

}

DCPAfrrMZNT OF .'-(UALTH. SL^UCATION'.
orncE Of Tl.^; riicRETARY

S--.-J;"',

V.'ASMINCIC'I K

JUL

Dr.

V.'inir,:r.

1 7

.":.

Michisan

20201

.
'

of Pclio;ils

•_.

Kaiamajioo City School District
Krilan.azoo

VVELHAHr

Coats

Supo.rn.nton'd'.-nt

Ar.TJ;

•

A9001

Dear Dr. Coats:
1 am enclosing a copy of the May 29, 1973," ccr/.plaint filed '.n'th the
Secretary of Health, Educr-.tion, and Welfare' by Ms. Jo Jnccbi: on
behalf of the. Corjiiittcc to Study .So:c Discrimination in the Kalauazoo
Public Schools. As, you prrbably l;noxv, the corpplaint all>.-_;cs that
a district-adopted Houf;hi:c.ri-Mif f lir. Reading Pro;;rr.:n utliir.es textboolcs
containin3 sex stereotypes in violation of Title. IX of the Education
Anon-JinciUs of 1972.
Title IX, a copy of which is encicned, prohibits

federally assisted education
ing on the basis of se:-;.

progri-ins
"

and activities

fro;-',

discriniinau•

I am also enclosing a copy of my response to Ms. Jacobrccnplaint.
You will note I have inforr.ed Ms. Jacobs that until the regulation
the Office for Civil Pvi;:hts vlll
implemcntinf^ Title IX is '.^ubiishcci
be unable to deternine whether a school district's use of tc-y.tbooks
allegedly cor.taining' sexual stereotypes is an action pro;;Jbited by
Title IX. i:ow?ver, becaus.e the Co:..-:<ittee to Study Sox Discriniinnticn
in the Kalaaazoo Public Scr.ools is an organivatlcn apparently created
by the Kalaiuazoo Board of r:;d"jcaLion, I would apvireciaue your rcviewinj
the findin;;G and conclusior.'j of thir. Ccrrnittee.
If, after ccnsidcring
this cor^plaii-.t you and tl;a Board cf Educatior. .'.till ir.tend to adopt
the Houghton-Mifflin Rc:id:n3 Program, I would appreciate sour furnishing
this Office with the reasons why you and the Board do not believe the
.Corandttees 's ccr.-.plaint i.s valid.
Your rcspon-.e v.'i 11 be incorpcrated
in our case file.
Should t'ne Off-'ce for Civil K'r.hts subsccucntly
detcn.iine that it has the jurisidioticn to invc-.stirate Ms. Jacobs
coniplaint, then we will evaluate t!:e. inforrr.ation and corj-er.ts \;hich you
'

276
rage

2 - Dr.

Willi.:;:!'

Coats

subnit alor.'/, \rith :'nc other data and infornation V7liich night be n-'^thercd
If I, or a i;;o:r.bGr of ly staff, can
as part r-i ouj- iavcr:t:ii;^ation.
provioc ycu v;lth additional ir.Cormati<5n or assist you in any other v;ay,
please do not hc-siLalt to contact mc.
Sincere] y yours.

;

•

Peter E. Holmes
Director
Office for Civil Rights

Enclosure
CO:

Chief State Scliool Office
Regional Civil Jlights Director
Ms. Jo Jacobs

277

'<.
.

••.

DF.PART.V.iINT

•

;

Or HDIALTH. IIOUCATION. AND 'WLl.rARE
Of- TIlC SECnr.T/.RY
WASHINC.TON. DC. 2Cr01 -

OFFICtZ

JliL 1

]y/3

Ms. Jo Jacobs, Chairperson
Committee to Study Sex Discrimination

KalaDAzoc Public Schools
732 Garland
Kalamazoo, Michigan 49008
Dear Ms. Jacobs:

Secretary Weinberger has asked me to respond to your May 29, 1973,
letter to hin concerning a Kalamazoo Public School reading prosram
your committee regards as discriminatory because it uses textbooks
You asked Secreuary Weinberger to consider
containing sex stereotypes.
your letter a formal complaint under Title IX of the Education .iir.cndments of 1972.
"

As you may know, the Office for Civil Rights is responsible for
enforcing Title IX v;hich prohibits discririination en the b:5sis of
sex In federally assisted education pro^,re-s and actiA'itics, including
The regulation iir.piencnting
those of local public school districts.
Title IX compliance currently is being drafted, and I anticipate its
publication by the end of the sut7ar.er. Hcwovcr, until the regulation
Is Issued, this Office has adopted, on an interim basis, the following
policy relative to complaints vhich allege Title IX violations.
Complaints received by the Office for Civil Rights alleging actions
clearly contrary to the provisions of Title IX, will be investigated
as soon as staff becor.es available. .Conversely, those Title IX
complaints alleging discriminatory actions vhich, in this Office's
opinion are not clearly subject to the jurisdiction of Title T.X,
will be retained for review after the Title IX imp] c.v.enting regulation
Is published.
'

•

,•

The regulation, of course, will help define the scope of Title IX
cnforccrricnt by the Office for Civil Rights.
wlicre that scope does
not extend to an alleged action or activity, the cr;:ipl;iinant 'v'ill be
notified,
'..'here the regulation does prohibit an a]]cr;cd action cr
activity, the cor.iplaint will be investij-Ttcd and tiio rompl.-^.i.nar.t
notified of the investigative results a:\:'. any cnicrci.':-.ont efforts.

278
»

Page

'•'.•

- Ms." Jo Jacobs

The Office for Civil Rights has not dctcrnincd at this tir:c if your
principal ccr.-.plaint, the use by a school district of textbooks allegedly
containing sc::ual stereotypes, comes within the authority of Title IX.
Consequently, the decision to investigate your ccnplaint is being
postponed until the Title IX rceulations are published.

For your information, however, I am enclosing a copy of a letter which
I sent to Dr. VJilliam D. Coats, Superintendent, Kalamazoo Public
Schools, requesting that he review the findings and conclusions of
your com-iittec. As you will note, if, after considering your complaint,
Dr. Coats and the Board of Education still intend to adopt the HoughtonMifflin Reading Prograa, I have asked him to furnish this Office with
the reasons v;hy he and the Board do not believe your committee's
complaint is valid.

As soon as the Title IX regulations are published, I, or a member of
my staff, will contact you concerning the status of your complaint.
Meanwhile, please let me know if I can be of any further assistance
in this matter.
Sincerely yours

-^^

Peter E. Holmes
Director
Office for Civil Rights

Enclosure

279

KALAMAZOO PUBLIC SCHOOL^
OFi-lCn
-

Of xnK BOPEniNTK.VUKKT

August 23, 1973

Mr. Peter E. Holmes, Director

Office for Civil Rights
Education, and Welfare
Office of the Secretary
20201
Washington, D.C.
Departrr.ent of Health,

Dear Mr. Holmes:
I received your letter of July 17, 1973 and a copy of the May 29, 1973
complaint filed vith the Secretary of Health, Education, and Welfare
by Ms. Jo Jacobs on behalf of the Committee to Study Sex Discrimination

in the Kalamazoo Public Schools. The complaint by the committee alleges
that our aistrict by adopting the Houphton Mifflin Reading System is
thereby, using textbooks contftinlniT; sex stcreQ.ty.ues ,in viqlat.ion of
Tlule IX or, the, Education Ameiidnionts of iy/z. As chief adiainistrative
oj-ixcer representing the Kalamazoo Jioavu ujL Education and the citizens
of Kalaina?:oo, I do not agree that our recently adopted Houj^hton Mifflin
Reading System or our action to adopt the system is in, violation of
Title IX of the Education Amendments of 1972, P. L. 92-318.
In your letter you requested that if the Board of Education adopted
the Houghton Mifflin Reading System you would like me to furnish your
office with reasons why the Board of Education and I do not believe the
committee's complaint is valid. The Kalamazoo Board of Education unanimously approved the selection of the Houghton Mifflin Pleading System on
May 21, 1973 at the recomr.Gndation of the Elementary Reading .Study Committee. The texts and supplementary materials have been purchased and
at this moment are being distributed to the twenty-four elementary schools.
In preparation for writing this letter I have had nunierous conferences
with many people v;ho v/cre responsible for recommending and implementing
the new reading program.
Based on these conferences I provide you below
with considerable background and rationale regarding the final selection
of the Houghton Mifflin Ps.eading System.
\

The formation of an Elementary Reading Study Committee was approved in
January, 1972. On March 21 of the same year the planning committee
recommended that every elementary (24) school staff select one classroom
\

280
Mr. Peter E. Holmes
August 23, 1973
Page 2

teacher to represent them.
In addit^'^n, reading specialists, elementary principals, central administrators, secondary teachers, and special
education teachers \iexe. appointed to__serve on the committee.
'\

—

Three special groups were requested to send representatives P.T.A. Mothers'
Study Council, Kalamazoo City Education Association, and the Committee to
Study Sex Discrimination. The P.T.A. Mothers' Study Council appointed
two people, and they were very active on the planning committee as well
as on the study committee.
The invitation to the sex discrimination group
was accepted and a representative was to attend; however, one representative attended only one meeting. A reminder to the committee that no
one was attending did not result in representation.
In the fall of 1972 the planning committee asked the sex discrimination
committee to present their research about the stereotyping of sex roles in
current reading programs. At the November 29, 1972 session Ms. Jan Jeffery
made a few brief introductory comments and the meeting was cdjourned to
Washington Elementary School where Ms. Jacobs presented a slide presentation
and narration of the Scott, Foresman Reading Program. The reading study
corimittee was very impressed by the exposure of certain sexist attitudes
existing in the series. To some degree, and because of this meeting, a
Btatcment was placed in the final text evaluation instrument regarding the
stereotyping of sex roles.

During the 1972-73 school year seven reading series were piloted in different schools in Kalamazoo. Teachers used the materials in their classrooms
and reported back to subcommittees and to the total study comjnittee. From
the seven pilot reading programs three were selected for additional indepth study by the committee. The three were A'nerican Book Company,
Lyons & Carnahan, and Houghton Mifflin.
Because the study committee wanted as much input as possible from all
sources, they declared a three-week period of "open revicv;" to everyone
In the school district to come to a central place to review and give the
committee their comments on the series up for evaluation. Letters v/cre
sent home to parents asking for their help in making the important decision.
The three-week "open review" was verj' worthwhile, and I am sure the evaluations of the citizens helped greatly in the final decision.

With that brief background about the role of the Elementary Reading Study
Committee, the following is my response to some of the concerns that

281
Mr. Peter E. Holmes
Auguct 23, 1973
Page 3

Ms. Jacobs writes about in her forT!al^,J-.omplaint to you dated M;-y 29,
In the second paragraph of her cover ^iurter, Ms. Jacobs stated that

1973.

$30,000.00 would come from state and/or federal funds. I made that statement on the inforiiiatdon made available to me at that tdme. It has now
been determined that $2,033.''i9 has been \ised from federal funds for
this purpose.
I further point cut that the Department of Health, Education,
and Welfare has given full approval to the Houghton Mifflin Re.-'dlng Prograiii
under the provisions of Title III, Section 306, Eleiucntary/Seccndary Education Act of 1965, as amended.
Ms. Jacobs alleges in her Preliminary Statement of the Discuo-lon of
Preliminary Findings that examination of the readrag system adopted by
the district took place between May 10 and May lA, 1973 when program materials first became available to them. As I stated previously, n.-'tcrials
were available from the time the committee was formed in January, 1972,
and members of the committee were most welcome to visit class /ocviS during
the school year 1972-73 to observe students using the materials and talk
to teachers and students about the effectiveness of the systcn.
I now react at some .length to the Initial Findings sections of the complaint.
The specified shortcomings listed on page. 2 under Numeral 1 are limited
to the readers for Grades 5 and 6 and to biographical selections and
references. Unfortunately, it is an incontrovertible fact thcit in the
past a much larger percentage of men than women acliieved lasting fame, undoubtedly because there has been generally in Weste.cn culturcf; of the past
the sort of sex discrimination that V7e now hope to eliminate.
We believe
the sex discrimination committee should also have considered the biographical sketches of twenty female story authors that are found in C'lZaJiiQ^
and Imager.
Most of these x.'ere written by the authors themselves and
consequently protray successful women of the present day. Many of these
reveal strong roles these women have played other than that of authorship.
For example, children who read these learn that Elaine Konlgsberg has a
degree in' chemistry, has worlced as a laboratory researcher, and has even
managed a laundry in addition to raising a family. Christine Price lives
in Vermont in a house that she herself designed.
Anne Huston, besides being
a successful movie, stage, and television actress, has organized a company
of actors to perform children's plays in New York City.
Hazel Wilson
reviews children's books for a Washington newspaper. Anita Daniel has
traveled all over the world as a feature ^rriter for newspapers and maga- ^
Shirlee Kevraian
zines. Interviewing kings, statesmen, and Dr. Albert Schvreitzer.
was an ad writer for a department store. Suzanne Martel has been a nev7spaper
reporter. Jeanne Bendick is a co-producer with her husband of educational
films. Jean Lee Lathan trained Signal Corps inspectors during V'orld War II.

282
Mr. Peter E. Holmes
August 23, 1973
Page 4

Although we would not dispute the fact that the percentage of selections
in the series containing wain characters of the female sex is lower than
we wish it were, our own research leads us to question seriously the figures
given in the complaint. There are, in the entire series, 192 selections containing main characters classifiable as either male or female. Of these,
125 or 65% have only male main characters; 24 or 12.5% have only female
main characters; 43 or 22.5% have both male and female main characters.
Thus, 67 or 35% have as main characters one or more females. These discrepancies with the sex discrimination committee's figures may result from the
fact that the conmlttce was probably considering only stories as such and
not plays or biographies. At any rate, a figure of 35% is much closer to
the desired 50% than the committee's figure of 20%.
As for the first preprimer, although the girl Jill is a rather subordinate
character, it should be pointed out that she is supposed to be much younger
than the boys and indicates strength by being the one to think of a problem solution which, unfortunately and through no fault of hers, does not
work out. The Houghton Mifflin Company infornis us that for the next revision of this series, this sequence of stories has already been rewritten
and re-illustrated to contain two strong girl characters and two boy
characters. As for the belated introduction of the word 6h<L, a major consideration in determining the sequence of word introductions was the
relative frequency of words in printed matter; and the word 6he. does irot
at present occur as frequently in printed matter as either yUt or hn.
See
the article by Dr. Kucera in the AmzJu-Can HdAAAagz VZcJxoncUiy for cooroboration.^
,,

The reader entitled ScCiG^ti, intended for use with average second-graders,
admittedly gives the least recognition to vjoinen of all the books in the
series and it is our understanding that a very thorough overhaul is scheduled for the next major revision on vzhich work has already begun.
In
this connection it should be pointed out that the nature of textbook publishing does not permit oajor changes to be made overnight or even in a
few months, as teacher's guides and workbooks have to correlate with the
readers, and a sensible control has to be exercised over the introduction
of new words at the earliest levels.
/

The example given froDi the fifth-grade reader is an unfair quote out of
context. Anyone who reads the im.T.ediatcly preceding context will see that
Deedee and Elmira, two typical fifth grade girls, had been good-naturedly
poking fun at the boys. Naturally, the boys just as typical poked
fun back in kind. This quote is taken from a story, "The Computer Triumphs
Again," that should rate high marks from the committee, since it tells of
a woman baseball coach who is a decisive leader with a professional approach.

—

283
Mr. Peter E. Holmes
August 23, 1973
Page 5

The criticisms made here are limited .to a consideration of occupations
in which women are portrayed as beingSengaged. Yet it v;ould seem that the
words abAJU-tie^ , tHaiX-'j, i.\vt2AZ^tM, and ac^u-ctte^ encompass much more
than a consideration of occupations represented.
For example, leadership traits are demonstrated by Pam on pages 27-38 and by the organizer
of the treasure hunt on pages 39-49 of VZiloiaiUvi,; by Sue on pages 7-21
in RcU.nboW6; by Loo Ling on pages 29-42 of S.iQnp06tl>; by both granny
and Hetty on pages 259-288 cf Rei'.KVidi; by the girl on pages 9-34 and by
the grandmother on pages 195-276 of ¥A,Uto.\ by the mother on pages 428-437
of KaJiQA.doi,copfy by Harriet Tubman on pages 144-155, by the two girls on
pages 223-233, and by the x<7oman coach on pages 426-437 of Imager and by
the grandmother on pages 216-225 cf Gatax-itS.
Furthenrore, the reference
to our 1970 Kalamazoo Census, in criticizing the readers for not specifying the occupations cf working mothers in such stories as "Saturday
Surprise" and "Evan's Corner" seem.s irrelevant;, since that census apparently
does not specify the occupations either but merely states what percent of
women over sixteen work outside the home.
;

I am sure that Houghton 1-Iifflin in future revJ.sions and editions will
make every effort to achieve a better balance with regard to the occupational representation of womicn, but they should not be expected to do so
to the extent of making the series unrealistic to both children and adults.
A basal reading series is much more than a career education series. Its
purpose is primarily to teach the reading skills which children v.'ill need
to read most efficiently and effectively in a].l phases of their lives as
responsible citizens.

Mr. Jack Hamilton, Director of Elementary Instruction, has organii;cd a
Materials Review Committee composed of four nembers of the Committee to
Study Sex Discrimination in the Kalamazoo Public Schools, an elementary
teacher, an elementary principal, an instructional specialist, a reading
skills teacher, and an instructional media supervisor. This committee
completed their fourth mx-eting on August 8, and I am meeting today vjith the
committee for a progress report. Previous reports comi-ag to me indicate
a spirit of cooperaticn and rapid progress rr.garding the achievement of
goals as decided by the group at its first meeting.

The teacher's guides for the entire program have been studied and appropriate changes in the use of certain words and questions will be presented
to teachers during staff inservice meetings. We have received excellent
cooperation from the Houghton Mifflin editorial staff, Xv'hich culminated
in a two-day visit to Kalamazoo from Mr. John Ridley, Editor-in-Chief.
Their research staff has provided us with updated material that has been

284
Mr. Peter E. Holmes
'
August 23, 1973

Page 6

recommended by approved book publishers including the Feminist Press.
The updated material v;ill be available to staff members when they return
this month.
I am not antagonistic to the views and work of the sex
discrimination G'cudy comiriittce. On the contrary the committee has had
a positive influence with respect to the elimination of sex discrimination
In the community and in this school system.
I share the committee's
desire to change educational programs and practices so that all young
women can develop the basic skills and understandings necessary to compete for jobs and for higher education - in essence, to gain control of
their o\m destiny.
From a selfish point of view I have this commitment
most personally as it applies to my own three daughters. However, in my
opinion, the prim.ary function of a reading program is to teach the skills
of reading.
The vehicle to teach that skill is the story, and I believe
the story should provide relevant and realir.tic models that portray
American society as it is presently structured.

Be assured that

It is ray intention to alert teachers, special instructional staff and
principals to be avrare not only of the type of discrimination that v^e
have been discussing, but of discrimination in all areas of our living
together as a community. To be more specific I will ask every principal,
both elementary and secondary, to be alert to sex discrimination in all
activities, including texts, and to list the elimination of sex discrimination as one of many performance objectives for the coming school year.

Finally, Mr. Holmes, I invite you to observe first hand what is being
accomplished in terms of eliminating sex discrimination as well as many
other areas in which v;e feel we are making significant progress. If I
can be of further assistance please feel free to contact me.

Sincerely,

K^M\/^^^ JS, UIM/^
William D. Coats
^Superintendent

285

OTHER CORRESPONDENCE

.^^
4j

The Nati o nal Association
1904 Association Drive

•

Second ary School Principals

Reston, Vi rgi n ia

2209T* 7^17703-860-0200"

November

1973

12,'

The Honorable Walter F. Mondale
United States Senate
20510
Washington, D. C.

Dear Senator Mondale:

Thank you for inviting our views on your Bill S.2518, the Women's Education
Equity Act, which you recently introduced in the Senate.
Certainly our Association fully supports the purpose of the bill as you state
it in your letter, namely, the elimination of discrimination in education on
the basis of sex. Discrimination, in the sense of preference of one group of
persons over another group on a basis unrelated to the purposes for which the
choice is made, is indefensible, and such discrimination on the basis of sex
is as unreasonable and distasteful to me and to our members as it is when
based on race, religion, or nationality.
I note, however, that the purpose indicated in the bill itself is phrased in
a slightly different way (Sec. 2[b]):

"It is the purpose of this Act, in order to provide educational
equity £ar women in this country..." then setting forth the means
to be employed.
If the words "educational equity" are intended to mean the elimination of
unfair discrimination, and hence equal opportunity, we are, as already stated
fully supportive of this purpose.
If, on the other hand, the words "educational
equity" are to be defined in some more narrow or arithmetical sense, to be
measured only by counting the numbers of persons of each gender in certain
positions or at certain salary levels, then NASSP must express some reserva-

tions.

Ordinarily, I would not anticipate such a definition of "educational equity"
nor find such intent in the bill from reading its text.
Some of the material
introduced into the record in support of the bill, and in explanation of it,
It is stated, for example, in support
however, has given rise to my concern.
of the finding of discrimination in education that the U. S. Office of Education reported that women comprise 22.5 per cent of the nation's post-secondary
faculty and receive average salaries that are almost $2500 less than their male
counterparts. While the point is not then elaborated, the implication appears
to be that the female teachers are not only being discriminated against in
salaries, but in selection as well, because they make up more than half the
population, but make up less than one-quarter of the faculties.

Serving

a//

Adrninistrators

Secondary Education

286
Senator Mondale

-2-

November 12, 1973

This appears to be over-simplification on both counts.
Before the disparity
in average salaries can be accepted as evidence of discrimination, one would
have to know what the levels of training and experience were of the two groups.
As indicated in the article by Andrew Barnes about secondary schools, in which
female teachers were reported to have received lower salaries than males, Mr.
Barnes notes it was not possible to assess the causes.
Similarly in regard
to female representation on faculties, the key factor omitted from consideration is the desire of individuals themselves to seek these positions. Without knowing how many women sought employment on faculties and how many were
refused, we really cannot know the degree to which their under-representation
Women are also severely under- represented in
is the result of discrimination.
the ranks of dock workers and professional football players, but, so far, no
It
one has alleged that this is the result of discrimination against women.
seems far more likely that women have not chosen these occupations.

While the situation is far less clear-cut in education, it may be that the
under- representation of women on college faculties is also due as much to
the choices of women as it is to discrimination against them.
Certainly,
this has been so in the cases of secondary school principals, where again
a statistic is cited as evidence of discrimination.
It is certainly likely that there have been cases in which school boards
or superintendents have discriminated against women applying for principalships, but we in NASSP know, from our own experience, that all too often
women have not sought these positions. This was also reported to Mr. Barnes
by school officials in Prince George's and Fairfax Counties in Virginia, and
All too often, in both cases, the low
he does not challenge the statement.
number of female appointments has been the result of the expectation on both
To the
sides of seeing the appointment of men based on past experience.
extent that S.2518 would encourage change in these expectations, our Association would be in full accord.

NASSP has, indeed, exercised its own initiative in this regard by organizing
leadership training sessions for assistant principals in which special efforts
have been made to involve women members of our Association.
Certainly federal
In short,
support for further training efforts of this kind would be welcome.
we are solidly in support of anything which expands equal opportunity for
women in education. We think that S.2518 sets forth a number of constructive
methods of accomplishing this end.
We would oppose, however, any attempt to use its provisions and resources
to force over-simplified and mechanical solutions to a complex problem at
the cost of educational quality.
If, for example, it were used to seek out
and punish educational institutions which did not employ some stated percentage of women for particular positions, or did not pay all incumbents at
the same level, regardless of training, experience or demonstrated competence,
we would wish to be recorded in opposition.

287
Senator Mondale

Again, the
procedures
leadership
support of

-3-

NASSP commends you for taking decisive action on discriminatory
which could short-change fellow principals. Your continuing
in the U. S. Senate in sponsoring appropriate legislation in
our schools and colleges is very much appreciated.

Sincerely yours,

Owen B. Kiernan
Executive Secretary

OBK:ag

November 12, 1973

288

I^C/

lA/^^

NATIONAL COUNCIL OF ADMINISTRATIVE WOMEN IN EDUCATION
1815 FORT MYER DRIVE NORTH, ARLINGTON, VIRGINIA 22209

November

1973

Phcne (703) 528-6111

Senator Walter F. Mondale
Senate Office Building
20510
VJashington, D. C.

Officers

President
C. Fern Riner

Dear Senator Mondale:

9204 Maple
Wichita. Kansas

67209

Vice-President

Georgia

4906

Bowman

S. Franklin Street

Indianapolis, Ind.

46239

Recording Secretary
Pauline Jager
75-44 263 Street

Glen Oaks,

NY. 11104

H istorian
Virginia Milligan

51 76 Margaret Morrison St.
Pittsburgh, Pa.

15213

Past President

Frances Hamilton

4200 Cathedral Avenue N.W.
Washington, D.C. 20016
Delegates-at-Large

Charlene Dale

3005 Hampton Avenue
Charlotte, N. C. 28207
Alice C. Gaines

3901

Dakota Ave., N.W.

Washington, D.C. 20018

Margery Levy
153 Warren Drive
San Francisco,
Beatrice

94131

Good Roeser

2432 - 78th Avenue
19150

Philadelphia, PA.

The National Council of Administrative Women in Education
(NCAWE) is happy to respond to your letter of October 26
and to have the opportunity to comment on your bill "Women's Education Equity Act."

Although the NCAWE applauds the purpose of the bill, we
believe that as stated it is a little too general in its
position.
We see as strengths of the bill the provision for programs
for getting in touch with women in the community who have
been long out of circulation in the educational world.

The bill's biggest weakness, in our estimation, seems to
be the inclusion of plans to examine all text book materials. We are aware that such studies have been done and
are available in the community to the school boards.
We see a review of all materials as too expensive and time
consuming when there are other methods which can be
utilized and which would seem to have greater impact upon
For example, we sugwomen's educational opportunities.
gest that guidlines for drafting new materials into curricula would be more effective and less expensive.

Our 60 year old organization has been distressed by the
decline in numbers and percent o f women/ifiministrative
positions (see enclosed copy of article from Washington
Post of 10/15/73 based on resear ch of this organization)
and therefore, we are delighted that the proposed legislation contains recommendations for greater employment
of women in executive and admini strative positions at all
levels.
,

NC^WE would_l ike to b e included in the list of organiza,»^ in
tiong3upp ortrnQ tne qoalS_OL_ti=V^ " wnfrji y r^ n
your address to the Senate on October 2, 1973. We would
in
the
letter
included
appreciate very much having this
record of the hearings on this bill.
'

Sincerely,

Fern Ritter, President
NCAWE

r. f-

289
UNIVERSITY OF CALIFORNIA. SANTA CRUZ
BERKELEY

•

DAVIS

•

mviNE

•

LOS ANGELES

•

Rn'EBSIDE

•

SAN DIEGO

•

SAN FRANCISCO

SA>rrA

KHESGE COLLEGE
SANTA CRUZ, CALIFORNIA

BARBARA

•

SANTA CRUZ

9506-1

November 13, 19 7 3
Senator Walter F. Mondale
Attn. Ellen Hoffman
Subcommittee on Children and Youth,
U.S. Senate
443 Old Senate Office Building
Washington D.C.
Dear Senator Mondale:

Sociologists for Women in Society, a national association
of over 1,000 sociologists, strongly urges the passage of the
Women's Educational Equity Act, S. 2518, a bill designed to
help eliminate discrimination in the United States' educational
system.
Study after study by sociologists, psychologists and
educators have documented the degree of sex discrimination
which exists in America's institutions of higher education
and elementary and secondary schools.
Among the many recent
studies which document the sexism which exists in the United
States' educational institutions are:
Lenore J. Weitzman,
Deborah Eifler, Elizabeth Hokada and Catherine Ross, "SexRole Socialization in Picture Books for Preschool Children,"
American Journal of Sociology Vo 1 77 No. 6, May 1972; Betty
Frankle Kirschner, "Introducing Students to Women's Place in
Society," American Journal of Sociology Vol. 78 No. 4,
January 19 73; Pameia Roby "Institutional Barriers to Women
Students in Higher Education," in Alice K. Rossi and Ann Calderwood (eds)
Academic Women on the Move New York: Russell Sage,
1973; and Pamela Roby, "Women and American Higher Education,"
The Annals of the American Academy of Political and Social Science
Vol. 404 November 1972 (copies of the latter two studies by
myself are enclosed and you are welcome to include them within
the hearings.
,

The time has now come for social policy makers and social
scientists to cease documenting the bruttle facts concerning
the sexism which exists in our nation and to begin doing someThe Women's Educational Equity Act, S. 2518,
thing about them.
would establish a program of grants and contracts to educational
institutions, including colleges, universities, state and local
education agencies and public and nonprofit groups. These grants

290
Hearings: S. 2518
Sociologists for Women in Society:

could be used in developing new curriculum materials and in
developing and distributing textbooks, tests, and other nonsexist materials to be used in vocational education and career
counseling.

Sociologists for Women in Society urges the U.S. Senate
to act upon and pass S. 2518, a critically needed measure, as
quickly as possible.

Respectfully yours.

Pamela Roby
Co-chair, Social Issues Committee,
Sociologists for Women in Society
,

291

NATIONAL SCHOOL BOARDS ASSOCIATION
800 State National Bank Plaza

•

Evanston,

III.

60201

•

(312)869-7730

Address reply !o;
1120 Connecticut Ave NW
Washington, DC. 20036

November 13, 1973

The Honorable Walter F. Mondale
United States Senate
443 Old Senate Office Building
20510
Washington, D.C.

Dear Fritz:

Thank you for your kind letter and request for our comments on S. 2518,
the "Women's Education Equity Act."

NSBA is indeed supportive of the general concept of equality of educational
opportunities for all. We have been concerned with some of the practices within
the educational community as they affect women.
Our president, Barbara Reimers,
has appointed a special NSBA committee on the status of women in education. We
in
are generally
support of S. 2518, but do have some problems with the bi^l
in its current form.
Sec. 2(a) states that Congress finds that present education programs are
"inequitable as they relate to women." Wiiile inequity does exist, to state as
this implies that all programs are inequitable is a complete condemnation of what
steps have been taken of a corrective nature. We would therefore change the
section to indicate that inequities do exist.

Section 3 is acceptable in its current form. We do support the establishment
of the council in the Office of Education rather than in any other agency.
We would
change Sec. 3(e)(1) so that the council shall advise both the Commissioner and
the Secretary of Health, Education and Welfare.
Section 4 provides us with the most problems.
First, programs seem to
be shifted to the Secretary of Health, Education and Welfare, rather than to
Commissioner of Education. Ke prefer the Commissioner of Education handle all
educational programs including those for women. Please bear in mind that any
program administered by the Commissioner of Education comes within the purview
of the General Provisions Act and thus is somewhat protected from political chicanery.

Branch Offices

120 Conneclicul Ave-. NW. Wasfiington. DC 20036 • (202)833 1240
152 Cross Read. Waterford, Connecticut 06385
(203) 442-0233
1

292
November 13, 1973

Senator W. F. Mondale

Sec. 4(e) should be changed so that applications are made to the
Commissioner. We would also delete provisions in the paragraph giving the
Administration regulatory authority. However, we would prefer that any
program for application by local school districts be handled through a state
I will deal with that problem
plan rather than through direct application.
again when I discuss Section 11.

Sec. 4(e)(3) appears to be a maintenance of effort provision but it
does not make sense -for a program as small as this one.
The concept of
"supplement not supplant" is very necessary for a large formula grant program
such as Title I of ESEA, but not for a project grant program.
Sec. 4(f) states that any organization or group seeking funds must submit
an annual report to the Secretary of federal funds expended. This provision is
too broad if it includes all funds.
There are already requirements for reports
under the Equal Employment Opportunity Commission (EEO-5) as well as reports
from various other federal programs.
Indeed, we seem bent on a myriad of
overlapping reporting systems. This sub-section should be limited to a report
on funds used under the program.

We applaud Section

5 as

an absolute necessity.

Section 6 gives us a great deal of concern. A school district's use of
funds are limited by a large number of provisions, reports and controls under
Section 4. However, the authority of the Secretary under Section 6 has really
no limits and the recipients are under no control. We therefore object to the
inclusion of Section 6 in the bill.

We have no objections to Sections
Section 8.

7-10

inclusive and indeed we like

Section 11 does raise some questions for it provides for a single appropriation
for all applicants in all classifications.
The Secretary of Health, Education and
Welfare has complete authority to transfer money between and among programs. We
would support a separate appropriation for elementary and secondary education,
another for higher education and a third for private non-profit agencies or
organizations. School districts do not have the funds to hire experts in
grantsmenship. To place local education in competition with higher education
means that for all practical purposes school districts are excluded from the
program and if we really wish to make enroads on descrimination, we should
begin in the early school years.
Sincerely,

August W. Steinhilber
Assistant Executive Director, Federal Relations

AWS/lar

NEWSPAPEE AND PERIODICAL ARTICLES
[Prom the Washington Post,

Women

Sept. 15, 1973]

Lose Poweb in Public Schools

(By Andrew Barnes)

Women

are vanishing from the administrative leadership of American public

schools. Scarcely more than one high school principal in a hundred is a woman.
Even in elementary schools, where 85 per cent of teachers are women, 80 per
cent of the principals are men.

Education has traditionally been a woman's field. As recently as the early
1950s, women were in charge of most grade schools and their numbers were substantial among the administrators of high schools and junior highs.
Explanations of why men are coniing to dominate the schools start with the
higher teaching salaries that have attracted more and more men into the
profession over the last 20 years.
Men rise quickly to the top, concludes a successful woman administrator, as
"a matter of attitude."
Another top official, a man, calls it "typical, unthinking chauvinism."
Whatever its cause, the pattern of unequal advancement is clear from the
figures
Of nearly 16.000 senior high school principals in America, only 222, or 1.4 per
cent, are women. Two years ago it was three per cent. In 1950 it was six per cent.
In 1950, 56 per cent of elementary principals were women. Only 19.6 per cent
are women today.
It does not appear that women are becoming less qualified. During this same
period, women earning advanced degrees, one of the main qualifications for advancement, multiplied sixfold.
The change to male leadership has come somewhat more slowly to the Washington area, where women still hold 51 percent of the elementary principalships.
In the city, 70 per cent of grade school principals are women.
In the Washington suburbs, however, only one of 70 high school principals is
:

woman, and only

five of 100 junior high principals.
Across the country, the last 25 years have seen the elimination of nearly 60,000
schools, mostly small and rural and headed by women, which is one reason the
number of women administrators has shrunk.
Perhaps the most dramatic trend has been the number of men entering teaching. In 1940, 22 per cent of teachers in the U.S. were men. By 1968, the proportion had grown to 31 per cent.
Men are concentrated at the high school level, where they have been the
majority since 1957-58, according to the National Education Association. Men
now are 54 per cent of high school teachers. Women still make up 85 per cent
of the elementary teaching force.
The National Council of Administrative Women in Education, having studied
these figures, concludes
"The patterns of discrimination are pervasive and many women fall under
their influence. They too become convinced that a job with real growth potential
would be too demanding."
In a report entitled "Where are the women superintendents?" the council
describes "unwritten policies" excluding women in belief that men are the
"natural leaders" because men have families to support, women are too emotional and boys need father figures.
Discrimination is seldom recognized or acknowledged, the report finds, because
men run school systems "and successful men, as well as unsuccessful men, have
difficulty in understanding the intricacies of sex discrimination."
As sex discrimination comes to be more widely discussed, uncritical acceptance
of it will diminish, and protests by local women's rights groups have begun to
raise the issue around the country.

(293)

294
Barbara Sizemore, Washington's newly appointed school superintendent and
the highest ranking woman local school official in the country, fears the situation
may get worse because school enrollments are falling and teaching jobs are hard
to get.

"Whenever there's a scarcity of jobs, women are out," says Mrs. Sizemore.
Local school personnel officials say they are seeking women to promote. "We
get very few women applying for principalships at the secondary levels," says
Carl McMillan of Prince George's. The capable women exist but do not apply,
.says John Schreck of Fairfax.
Discrimination that keeps women from promotion is explicitly illegal, and has
been since 1972. The regulations and forms spelling out what the government
intends to do have not yet been published, however.
Until that happens, the department of Health, Education and Welfare and
tlie Equal Employment Opportunity Commission will not have a comprehensive
view of the situation.
"It may be that there is rampant sex discrimination," says Peter Holmes of
the Office for Civil Rights at HEW, but there will have to be proven cases for
his office to act.
Legal proof will be

made more complicated by the fact that, unlike the case of
racially segregated school systems in the South, there have been no laws or rules
stating a policy or preference for men.
It may take as much as 10 years for the legal ban on sex discrimination to lead
to the "understanding, awareness and moral obligation" that can bring real
change, Holmes estimates.
Rep. Edith Green (D-Ore.), a prime mover in amending anti-discrimination
legislation so it would cover school employees, says it is her belief the main qualification for promotion in schools is to "wear trousers and coach athletics."
In the long run advancement for women may open up, but meanwhile more
jobs in other fields are opening to women and the schools may "end up worse
than before," Mrs. Green said.
Sex discrimination, she says ,"is one of the reasons we're in all the trouble
tve're in. The best women leave, because they know there's no chance for promotion."

WOMEN PRINCIPALS
Locality

District of

Columbia

Montgomery
Prince George's
Arlington

Alexandria
Fairfax

THE WASHINGTON AREA
High school

2 of 16

Junior high

Elementary

295
encouraged

—or not encouraged—to relate, to play, to work and to express them-

also believe that sex-typing is further Influenced by the
unconscious attitudes of teachers.
On a recent evening, nine members of the committee most of them women's
met for one of their monthly meetings, and they made it clear
lib members
at the outset that they did not identify themselves either by their husbands'
first names or by their husband's profession. And almost all preferred the honoric,
Ms.
Also at the meeting were Margaret (Meg) Bluhm, a teacher at the .school
who acts liai.><on between the group and the school staff, and Ruth Fishman, the
assistant director. The meeeting took place at the home of the school's director,
Gertrude (ioldstein, in whom the group has found a sympathetic, but cautious,

The mothers

selves.

—

ear.

OPENING THE FLOODGATES
"At first, we were worried," said the director, "about how much the parents
would want to take over the running of the school if they were invited in."
"But we realized," .said Vivian Ubell, mother of a girl of 8 and another 2,
"that ultimately decisions about the school were up to the staff. When dealing
with them, we always put on those kid gloves.
."
Notable by their absence, however, were the fathers of the children at the
Woodward School. Once, when fathers were invited to a meeting, they took
over. They were not invited again.
What are some of the problems that little girls, like their mothers before them,
.

are likely to encounter?

The mothers discovered, first of all, that their small children had already
formed a strong sense of sex role differentiation at home, and brought this with
them when they started kindergarten.
"In the kindergarten," said Andrea Ostrum, the mother, of two small boys
and a 7-year-old-girl, "there were two rooms. The blocks, trucks and all the
doing toys were in one room the dolls and ornamental things were in another
room. I said to my daughter one day, 'Do you have a girls' room and a boys'
;

room?'

And Eva

said, 'Oh, no, the girls are

allowed to go into the boys' room,

too' !"

When

the girls did manage, generally with teacher intervention, to get near
the blocks, the mothers reported, they built simple, low structures, which more
often than not turned out to be a kind of container for their dolls, while the
boys built more complex structures that were immediately praised by the teachers for size and ingenuity of design.
"But this year," said Vivian Ubell, "Jennifer came home and announced she
had built a city !"
Conversely, a little boy who wanted to play with dolls would have just as
hard a time of it.
"My son," said one mother, who declined to be identified, "had a doll that
he loved a lot and wanted to take to school when he was in kindergarten last
year. But he was afraid the girls would tea.se him. The first day in school, this
year, he took the doll with him and openly hugged it and kissed it."
What are some of the other ways in which sex-typing shows up?
Girls will read books about boys and take male parts in plays, but boys are
very reluctant to change roles. A girl who is a natural leader may have par-

ticular difliculty.

In a lower grade class^ one of the mothers reported, the children were putting
on a play about astronauts. One girl did all the scenery and costumes, but when
she wanted to play an astronaut, the boys demurred. The teacher
intervened,
and she played the part.

DOWNGRADING OF EXPECTATIONS
Performance expectations are sometimes downgraded for girls, the mothers
The girls at Woodward are taught woodworking (and the boys have cook-

said.

ing), but a girl is just not expected to "hammer the nail straight," said Mimi
Meyers, mother of a 6-year-old girl and 3-year-old boy.
"The teacher seemed to feel it was enough that the girls came to the woodworking class," said Brett Vuolo, who has a boy, 11, and a girl, 8.

296
In mathematics and science, the girls generally do better at first, Gertrude
Goldstein reported, but then "start dropping out" intellectually as they approach
adolescence.
"According to a report we read," said Leah Matalon, mother of two small
boys, "as the children get older, there is a change in aspiration and interests.
The boys' worlds widen, and the girls' get narrower."
When the mothers first approached the school, Gertrude Goldstein said, "Our
reaction was 'who, me?' But now I think even the most resistant staff member
has moved. I think even if people are not ready to be different, they're ready
to act differently. I think they now see many instances of sexism where they
didn't see it before."
Among things under consideration for the future at school are a women's
studies course (a kind of feminist equivalent of black studies) a special section
on women in the school library a feminist newsletter for the school, and consciousness-raising with the girls.
Both the mothers and the staff representatives said that their work had produced changes, although it was hard to tell whether it came from school or the
;

;

home influence.
Mimi Meyers reported

parents'

that now when her 6-year-old daughter plays house,
"she goes out to work, and instructs the daddy to cook dinner."
The youngsters themselves, however, do not consider all of this concern an
unalloyed blessing.
"That's the seventh time you've talked about women's lib this year," a little
girl said testily to Meg Bluhm one day.

[From the Wall Street Journal,

Sexism and Shools

Oct. 9, 1973]

—Feminists

and Others Now Attack Sex Bias in
Nation's Classrooms

girl barred by shop class sues

oriented

textbooks assailed as malestrong-armed boys"

and wins

need

;

(By Everett Groseclose)
Homeville, Ohio.
for school a

—When

few weeks

12-year-old Theresa Hickey started getting ready
ago, she ran into a problem. The folks at Black River

Junior High School wouldn't let her enroll.
At least they wouldn't let her enroll in industrial arts, a class involving the
use of tools, woodworking and so on. Instead, officials at the school informed
her that because she was a girl, she was required to study home economics.
"That just made me sick," says Theresa, a well-mannered seventh-grader who
lives on a farm in this rural community about 50 miles southwest of Cleveland.
"What I really wanted to learn about was how to use tools, a hammer and saw,
things like that. After all, I've been learning how to cook and keep house since
I was in a high chair."
Theresa's father, a lawyer who practices in Cleveland, wrote to the school
board asking that Theresa be permitted to take industrial arts. He got a flat
rejection. When all else failed, Theresa sought help from Women's Law Fund
Inc., a year-old nonprofit group in Cleveland active in women's rights. Acting
on Theresa's behalf, the group sueJ in federal district court, and the school
board quickly reversed its policy.
Larry E. Rodenberger, superintendent of the Black River School District
and a defendant in Theresa's suit, says, "The sex equality thing is having a big
impact in the schools, particularly as far as staffing and physical facilities are
concerned. We're having to rethink just about everything we've traditionally
done. The problem is gigantic."
Indeed, sex discrimination in public education is coming under attack in school
systems across the country. Groups of feminists, parents, teachers and youngsters
themselves are pressing for change on a variety of fronts. The issues range from
classes that exclude one or the other sex to casual remarks made by teachers to
athletic program funding and to the fairness of materials used in the classrooms.
"boys, not blondes,

HAVE MOBE FUN"

Almost no one denies that a problem exists. "Like it or not, in the past the
educational system has tended to point girls to certain types of careers and boys

297
toward others," says John C. Pittenger, Pennsylvania's Secretary of Education
who last year ordered school oflScials to end all discriminatory activities. "On
balance, I think it's accurate to say that education hasn't been fair to anybody
not to boys or girls, their mothers and fathers, or to teachers and administrators."

—

Fairness is what the fuss is all about. Much of the current controversy involves texts and other teaching materials. In a number of locations, parents,
teachers and others are objecting because they feel teaching materials are unfairly biased to show the actions and achievements of boys.
'"The over-riding message is that boys, not blondes, have more fun," says Jo
Jacobs, the mother of three children in Kalamazoo, Mich., who is heading a
crusade aimed at bringing elementary reading texts published by Houghton
Mifflin Co. into "balance." "Reading the books," she adds, "you can't help but
get the feeling that a boy is the better thing to be."
Among other things, Mrs. Jacobs and other members of the Committee to
Study Sex Discrimination in the Kalamazoo Public Schools, complained that the
books showed only 40 occupations for women, compared with 215 for men.
"Throughout the books, the major female character is mother," Mrs. Jacobs
says. "She's always available, always at home, always cooking or mending,
always ready to kiss and make things better. They totally ignored the fact that
half of the mothers with children aged 6 to 17 work."
Mrs. Jacobs' group was formed to advise the school system on sex discrimination matters. It filed an administrative complaint earlier this year with the
Department of Health, Education and Welfare alleging violation of a federal
law prohibiting sex discrimination in schools receiving federal funds. The complaint came when the Kalamazoo schools bought the Houghton Mifflin books for
use during the current school year.

CHANGING TEXTS IN KALAMAZOO
After filing its complaint and with the cooperation of the local school system,
the group labored throughout the summer annotating and rewriting major portions of the texts and teachers' manuals to make more mention of girls, their
activities and their accomplishments. The reworked texts
cut up and with supplemental material pasted in are currently in use in the Kalamazoo schools.
"We could have told this committee, this group of parents, to go to hell, but
we didn't," says Morris J. Hamilton, director of elementary education in Kalamazoo. "We chose, instead, to work with them."
Neither the Kalamazoo schools nor Mrs. Jacobs' group places much blame on
Houghton Mifflin because they agree that the texts involved are among the best
on the market. The problem, they say, is that almost all texts contain sex bias.
John T. Ridley, a Houghton Mifflin editor, says one of the problems for puli.shing concerns and other suppliers is that not enough unbiased material is available for use in books. Mr. Ridley adds that many of the changes written into the
texts in Kalamazoo "will be incorporated into future editions."
A major reason behind such clianges is an upsurge of interest on the part of
parents and educators in sex discrimination and its possible effects on the aspirations, ambitions and mental outlooks of children. In fact, school officials in almost every part of the country concede that they're under growing pressure,

—

particularly from parents.
Typical of the groups springing up is one in Seattle that calls itself "Citizens
for Elimination of Sex Role Stereotyping in Public Education." According to
Sally Mackle, the mother of two preschoolers and a substitute high-school
teacher, the group got going last January when another mother and a community
organizer "got to discussing the subject."
David Wagoner, a lawyer in Seattle who's president of the Board of Education,
recalls his first contact with the group. "First off, they wrote us a letter expressing a number of concerns about sex discrimination," he says. "We invited
them to meet with us, and they show^ed us slides of books we were using in the
school system. They went into the idea that the books showed men in all the
interesting jobs in business and the professions, while women were shown
mainly in the home." As a result of the complaints, a major study of sex role
stereotyping in the Seattle schools has been launched. "We're looking at everything from teacher attitudes to textbooks from kindergarten through grade
12," says Dave Kroft, director of staff development for the Seattle schools.

—

298
THE MALES SERVE THE COFFEE
In Seattle and a number of other locations, teacher attitude is a serious concern. "We've had tremendous sexism. It was widespread and commonly practiced," says Andrades Smith, coordinator of counseling services at Community
High School in Ann Arbor, Mich. "It went all the way from the hiring of teachers
and administrators to career counseling of students and everyday things in the
classrooms." Partly as a result of pressure brought by militant feminists both
inside and outside the school system, training seminars for teachers were organized earlier this year to explore subtle and overt sex discrimination at Community High. In addition to talks by a female lawyer and other professionals,
the seminars featured a lesson in role reversal Male teachers served the coffee.
Similar seminars are planned for all teachers in the Ann Arbor School system
during the current school year.
On a related front, athletic programs are under attack in several spots. In
Waco, Texas, for instance, the Women's Equality Action League, a women's
rights group, filed a complaint earlier this year alleging sex discrimination in
athletics and other areas. The complaint, which is stiffly disputed by oflicials in
the school system, contends that $250,000 is allotted annually to a variety of
boys' athletic programs, while girls are permitted to play only tennis, with an
allotment of $970.
Several other aspects of educational funding, particularly at the high school
and college levels, appear certain to be challenged within the next few months.
Women's Law Fund, the Cleveland group, plans to file a federal lawsuit today
against a Big 10 university, alleging sex discrimination in the allocation of
financial aid. Rita Reuss, chief counsel at the Women's Law Fund, declines to
:

identify the university involved. She contends, "It looks like it's all tied to the
jock psychology the idea that men are the only ones who do things, who have
to earn a living. So they're the ones who get most of the scholarship money."

—

A SEXIST REQUEST
Perhaps the most persuasive element in the drive to end sex discrimination in
the schools is action on their own behalf by youngsters, such as Theresa Hickey,
the Ohio farm girl who took her case to court. Sharon Bodensteiner, a history
teacher in Seattle's Cleveland High School tells of the time about a year ago
when three girl students approached her to express their concern about sex discrimination. One result was the establishment of a six-week "minicourse" in
feminism the course will be offered again this school year.
Jean King, a woman lawyer in Ann Arbor, tells of the time a few weeks ago
when her 14-year-old daughter, Nancy, "came home from school really worked up
about sexist remarks in the classroom," Mrs. King says that when one teacher, a
man, asked for "two strongarmed boys" to volunteer to carry books, Nancy stood
up at once and declared the request to be sexist.
"It implied that girls weren't capable of carrying books," Mrs. King says. Two
other girls promptly sided with Nancy and volunteered for the chores. Taking
on teachers on a head-to-head basis can be risky, of course, but Mrs. King adds
that "the kids are very smart about this kind of thing." Nancy, she says, "chose
her target well she was careful to pick a fairly young and with-it guy." Two
girls ended up carrying the books.
;

—

End

to Sex Discrimination Urged in Denver Schools

(By Alan Cunningham)

Members
for

from the Denver chapter of the National Organization
urged school Supt. Louis J. Kishkunas Wednesday to start

of a task force

Women (NOW)

putting an end to alleged sex discrimination in the public schools.
Kishkunas told them he was dedicated to "justice for all groups" and promised
to help them get a chance to express their views at the next board meeting, set
for Nov.

Board member Kay Schomp attended the meeting, along with the superintendent and five members of the NOW task force.
After the meeting, the task force members and Mrs. Schomp told reporters
they'd been pleased with Kishkunas' response, although they stressed that they
expected no miracles and felt the meeting had been a tiny step along a hard
road.

299
The NOW members told the superintendent they wanted to begin changing
ways in which stereotyped roles for girls and women are perpetuated in textbooks, the curriculum and the promotion policies of the Denver schools.

"woman" jobs

—

They noted that textbooks used here as in virtually every American classroom often tend to show boys as smarter, stronger and braver than girls, relegating female characters to such "woman" jobs as wife, mother, nurse or teacher.
They claimed women seldom get top administrative jobs in the Denver Public

—

Schools.

They urged that the district set up a women's advisory group "to assist the
administration and the school board in ferreting out all vestiges of sexism,"
according to a printed statement given the press after the meeting.
"He encouraged us to move forward on all fronts," said Karen Raffety, a former teacher who now works for the Denver Classroom Teachers Association

(DCTA).
The DCTA
major

NOW

of the

—

one of eight groups including the women's caucuses from both
which have pledged themselves to supporting the aims
education task force.
is

political parties

—

ACnON PROGRAM
One aim of the group is to persuade the school board to adopt an affirmative
action program for eliminating sex discrimination. The task force members said
they hope to convince the board that it eventually will face pressures from the
federal government and from the courts if it doesn't adopt such a plan on its

—

own.

"We
Grant.

do not wish to go through litigation," said task force member Marilyn

NOW

members said they made it clear to Kishkunas that they would
The
be working hard from now on to see that his verbal commitment to justice was
followed by meaningful deeds.
"We told him we accepted his sincerity," said another task force member,
Barrie Grant. "But we will not be denied."
The two Grants are wife and husband, but Marilyn Grant said she didn't
wish to have "Mrs." affixed to her name.

[From the Chronicle

of Higher Education, June 4, 1973]

Dissatisfied With Progress— More and More Women Turn to Courts to Press

Claims on Colleges

(By Cheryl M. Fields)

An increasing number of women who feel that they have been victims of discrimination by institutions of higher education are testing the courts' powers to
redress their grievances.
Dissatisfied with the results of their colleges' internal grievance procedures
and frustrated by the slow pace of affirmative-action plans, women have filed law
suits under a number of different local, state, and federal statutes.
Although few suits have completed the trip through the courts, some women's
rights advocates predict that litigation will play an increasingly important part
in the campaign for equal treatment of women in academic admissions and
employment.

"With the exception of the continuing financial problems plaguing colleges, I
think women's use of the courts to resolve their grievances will be the second
largest issue in the coming years because almost every institution in the country
is vulnerable," said Bemice Sandler, director of the Association of American
College's Project on the Status and Education of Women.
progress

may

be slow

Progress is likely to be slow, however, several attorneys representing female
clients agreed, because many judges are loath to enter the academic sphere and
the complexities of its hiring and employment practices.

300
Several lawyers also said that unless federal agencies step up the pace of
their enforcement of anti-bias laws and regulations on the
campus, courts increasingly will be forced to step in.

An additional factor is that legislation passed last year has opened new pathways to the courts for women with complaints of discrimination.
The Equal Employment Opportunity Act of 1972 placed academic and profe.s-

sional employees of colleges under Title VII of the Civil Rights Act of 1964, which
prohibits discrimination in employment and fringe benefits. The act is enforced
by the Equal Employment Opportunity Commission.
In addition, last year's higher education act brought professional academic
employees under, jurisdiction of the Equal Pay Act of 1963, which is administered
by the Department of Labor's wage and hour division.
If complaints filed under those two acts find discrimination that cannot be
resolved by conciliation or voluntary compliance, colleges, accused of bias can be
taken to court.

FEDERAL GOVERNMENT CAN SUE

The Department of Justice, at the request of the Department of Health, Eduand Welfare, also can bring suits against universities accused of violating

cation,

provisions of last year's higher education act that forbid sex-based discrimination
against students and employees "under any education program or activity receiving federal financial assistance."
Similar suits are possible if institutions are accused of violating an antibias provision of the 1971 Health Manpower Act. That provision forbids sex
discrimination against students and employees of institutions with health-training programs that receive money under parts of the Public Health Service
Act.

MORE THAN 500 COMPLAINTS
In addition to law suits already filed, George R. LaNoue,
rector of the Equal Employment Opportunity Commission,
that more than 500 job-bias complaints involving institutions
have been filed with the E.E.O.C. About 45 per cent involve

assistant to the direcently estimated
of higher education
sex discrimination,

said.

A number

of complaints of unfair treatment of women on campus reportedly
are under investigation by E.E.O.C. oflScials now. Some of the complaints are
expected to wind up in court within the next few months.
The Teachers Insurance and Annuity Association, for example, has been the
subject of several complaints to the commission. The American Nursing Association, the National Organization of Women, and others have charged that institutes carrying T.I.A.A. benefit plans discriminate against women by paying them
lower monthly retirement benefits than men receive, despite equal contributions

by men and women.
Sources in the women's movement predict the issue eventually will be settled
in the courts, and the Women's Equity Action League has filed a blanket complaint against every institution that carries a T.I.A.A. plan.
One women's group also is considering filing suit to seek a temporary restraining order barring H.E.W. from distributing federal funds to an institution or
institutions which, after investigation by H.E.W., failed to produce an acceptable
afl5rmative-action plan, or failed to follow the one they submitted to the
government.
Another court case that is causing concern to some academic women's leaders
is that brought by Marco DeFunis, Jr. Mr. DeFunis, a white person, has asked
the U.S. Supreme Court to review a Washington state supreme court ruling
that, in effect, said it was permissible for universities to use preferential admissions policies to increase the number of minority-group students they enroll.
One women's leader said she feared that if universities were allowed to use
preferential admissions without a specific showing of discrimination against
the individual or minority group involved, the decision could pave the way for
quotas, rather than the admissions and hiring goals.
A legal source specializing in admissions law said, however, that if the Supreme Court were to uphold the Washington state ruling, it could do so without
giving support to the use of quotas. He indicated that such a ruling could conceivably aid faculty women pressing colleges to undertake special efforts to hire

and recruit more women.

301
The following examples

women

are

of current cases indicate the types of

law

suits that

filing.

'pattern of sex discrimination'

The New York City Corporation Counsel

is appealing a ruling by a New York
supreme court judge that reversed a finding of a "pattern and practice of
sex discrimination" at Pace College. The New York City Commission on Human
Rights had found Pace guilty of discrimination after Valentine Winsey, an
associate professor of social sciences, filed a compliant under city human rights
ordinances. She charged that bscause she was female, she had been denied promotion and later was given a terminal contract that denied her tenure.
The commission had ordered Ms. "Winsey reinstated as an assistant professor
and directed that she be paid $22,650 in back pay, retroactive salary increments,
plus $1,500 damages for "mental pain and humiliation."
Pace appealed and last September a state supreme court judge upheld the
appeal, saying that although the commission had shown that some faculty members were reluctant to hire women, "there was definitely insufficient evidence to
show that Pace practices any kind of intentional discrimination against
women.
."
PRIORITY IN promotions

state

The Pennsylvania State Human Relations Commission has issued a "cease-andan assistant professor of English at
Slippery Rock State College who charged that, even though she had top priority,
she was denied a promotion in 1971 because she was a woman. After filing

desist" order in the case of Betsy Curry,

charges of sex discrimination with the state commission under the Pennsylvania
Human Relations Act, she further charged that she was fired in retaliation.
The state commission ordered Ms. Curry reinstated with back pay for academic
1971-72, plus interest. It also ordered her promoted to associate professor. The
Pennsylvania attorney general's office later refused the college's request to
appeal the case.
14TH AMENDMENT RIGHTS

A U.S. District Court was to decide June 1 whether to grant a preliminary
injunction in one of two suits currently pending against the University of Pittsburgh. The decision on the injunction was due in the case of Sharon L. Johnson,
an assistant professor of biochemistry in the university's school of medicine.
She is seeking the injunction to prevent the university from ending her employment, pending a court settlement of her request for reinstatement with tenure,
back-pay, and $1.5-million in damages to her professional standing due to the
university's refusal to grant her tenure.
The 3rd U.S. Court of Appeals recently ordered the district court to hold more
complete hearings in another suit against the university. The suit was filed by
Ina Braden, a former assistant professor of dentistry at the university, on behalf
of all women employed in professional positions at the university.
The suit alleges that consistent job bias by the university against women
violates their 1st and 14th Amendment rights.
GENERAL STATISTICS INADEQUATE

The 5th U.S. Circuit Court of Appeals recently let stand a district court
decision against an associate professor of English and linguistics at Texas Tech
University. Lola Beth Green had filed suit seeking an order directing the university to halt alleged discrimination against her because she was a woman.
She charged that because she was female she had been under-paid, had been
left in an associate professorship since 1959, and had been refused appointment
as a professor of English despite two favorable votes by the English faculty
recommending her promotion.
In its decision, the district court refused to let her pursue a class-action suit,
said the statistics she presented to show bias in the university's treatment of
women could not be used to prove an individual case, and relied on university
arguments that her sex was not the reason for denying her promotion.
A district court in California is delaying a preliminary hearing in a suit filed
by the League of Academic Women at the University of California at Berkeley
charging that the university's employment practices discriminate against women.

302
The judge delayed ruling in the suit, which alleges violation of the 14th Amendment and Califoriiia state bias laws, until after the University and the Department of Health, Education, and Welfare negotiate an affrmative-action plan acceptable to the government. The suit seeks a preliminary motion setting temporary hiring ratios prior to a complete hearing of the case.

BACK PAY SOUGHT

has been postponed until August in a suit filed by nine
at Florida State University charging that the University system's board
of regents, and the state board of education have consistently allowed discrimination against wohaen in hiring, pay, and promotion.
Charging violation of the 14th Amendment and Title VII of the 1964 Civil
Rights Act, the plaintiffs are seeking an injunction to prohibit such discriminatory practices. They also seek $l-million in back pay and compensatory damages,
plus reasonable reimbursement for attorney's fees.
pre-trial hearing

women

MATEBNITY LEAVE

Two

cases on mandatory maternity leave that the U.S. Supreme Court has
agreed to hear during its fall term mq^y have an impact on colleges. Three public
school teachers have charged that the mandatory-leave policies of their school
boards violate their 14th Amendment rights to equal protection. The 4th U.S.
Circuit Court of Appeals ruled against one of the teachers, Susan Cohen of Richmond, Va., while the 6th U.S. Court of Appeals ruled in favor of two other
teachers in Cleveland, Jo Carol La Fleur and Elizabeth Ann Nelson.

ADVISORY BOARD MEMBERSHIP
After one hearing on a preliminary motion, a U.S. District Court has ordered
more information developed in a suit filed by several women's groups against
the So;:retary of Health, Education, and Welfare and the National Institutes of
Health. The complaint charged that women are discriminated against in appointments to the N.I.H. advisory panels that set policy and determine grant awards.
The suit seeks a halt in further appointments of men to the public advisory
bodies until discriminatory policies against women are eliminated.
OflBcials of H.E.W. asked that the suit be dismissed. They said strenuous efforts
have been made to recruit more women and that the percentage of women named
to the advisory panels has been climbing.

[Prom Sports

Illustrated,

May

Spobt Is Unfair to

28, 1973]

Women

america invests a billion dollars a year in athletic programs with the
oonviotion that games are good for people, developing sound minds and
bodies. but the female half of the population has never goiten a run for
its money. now many parents are becoming exerchised, schools are growing
increasingly concerned and big changes are in the offing

(By Bil Gilbert and Nancy Williamson)
There may be worse (more socially serious) forms of prejudice in the United
States, but there is no sharper example of discrimination today than that which
operates against girls and women who take part in competitive sports, wish to
take part, or might wish to if society did not scorn such endeavors. No matter

what her

age, education, race, talent, residence or riches, the female's right to
severely restricted. The funds, facilities, coaching, rewards and honors
allotted women are grossly inferior to those granted men. In many places absolutely no support is given to women's athletics, and females are barred by law,
regulation, tradition or the hostility of males from sharing athletic resources and
pleasures. A female who persists: in her athletic interests, despite the handicaps
and discouragements, is not likely to be congratulated on her sporting desire or
grit. Sh3 is more apt to be subjected to social and psychological pressures, the
effect of which is to cast doubt on her morals, sanity and womanhood.

play

303

—

As things stand, any female the 11-year-old who is prohibited from being
a Little League shortstop by Act of Congress the coed basketball player who
cannot practice in her university's multimillion-dollar gymnasium the professional sportswoman who can earn only one-quarter what her male counterpart
receives for trying to do the same work has ample reasons for believing thaj
the American system of athletics is sexist and hypocritical. There is a publicly
announced, publicly supported notion that sports are good for people, that they
develop better citizens, build vigorous minds and bodies and promote a better sohalf this
ciety. Yet when it comes to the practice of what is preached, females
country's population find that this credo does not apply to them. Sports may be
good for people, but they are considered a lot gooder for male people than for
;

;

—

female people.
Opportunities for

women are so limited that it is a cop-out to designate females
as second-class citizens of the American sports world. "Most of us feel that being
second-class citizens would be a great advance," says Doris Brown. A faculty
member at Seattle Pacific College, Brown has devoted 15 years to becoming the
best U.S. female distance runner. She has been on two Olympic teams, won six
national and five world cross-country championships and set a variety of national and international records in distances from a mile up. Despite her talent
and success she has had to pay for nearly all her training and, until recently, all
her travel expenses. She was forced to resign from a job at a junior high school
because the principal did not believe in women teachers devoting a lot of time
to outside athletic participation. She has received far less recognition than male
runners who cannot match her record of accomplishment. "Second-class citizenship sounds good," says Brown, "when you are accustomed to being regarded as
fifth-class." This is not the whine of a disgruntled individual but an accurate description of the state of things in sports. To document the situation, consider the
following
:

MONEY TALKS
• In 1969 a Syracuse, N.Y. school board budgeted $90,000 for extracurricular
sports for boys $200 was set aside for girls. In 1970 the board cut back on the
athletic budget, trimming the boy's program to $87,000. Funds for the girls'
interscholastic program were simply eliminated.
• New Brunswick (N.J.) Senior High School offered 10 sports for boys and three
for girls in 1972, with the split in funds being $25,575 to $2,250 in favor of the
boys. The boys' track team was allowed $3,700 last spring, while the girls' squad
received $1,000. This might be considered a better-than-average division of money
except that 70 New Brunswick students competed on the girls' team and only
20 on the boys'.
• The Fairfield area school district in rural south-central Pennsylvania is small
800 students are enrolled from kindergarten through 12th grade. Nevertheless, in
1972-73 the school district budgeted $19,880 for interscholastic athletics. Of this
$460 was actually spent on girls' sports, $300 of it on a "play day" in the area
and $160 on a volleyball team, which had a one-month season. Boys in the school
district are introduced to competitive sport as early as the fifth grade with the
organization of soccer and basketball teams that are coached by members of the
high school athletic staff.
• In New York a woman ofl5ciating a girls' high school basketball game is paid
$10.50, a man receives $21 for a boys' game. Throughout the country and with few
exceptions, women who coach girls' sports in secondary schools receive between
one-third and one-half the salary of men who coach comparable sports for boys.
The woman coach often is exi)ected to supervise candy sales, cooking contests and
raflSes to raise money to purchase the girls' uniforms and pay travel expenses.
There are many communities where tax-supported school systems offer absolutely no athletic programs for girls. In fact, until recently no money was spent
for girls' interscholastic sports in two entire states Utah and Nevada.
• In colleges the disparity between men's and women's athletics is even greater
than it is in the secondary schools. At the University of Washington, 41.4%
of the 26,464 undergraduate students enrolled are women. However, when it
comes to athletics women get only nine-tenths of 1% of the $2 million the university spends annually on sports. The women's intercollegiate budget is $18,000
a year, while the men have $1.3 million to spend over and above the income-producing sports of football and basketball. Despite the enormous discrepancy, the
situation at Washington has markedly improved. In 1957 there were no women's
;

—

304
intercollegiate athletics at the university. Dr. Joseph Kearney, director of sports
at Washington, sajs, "We want to develop the women's programs that are now
in an evolutionary stage." Evolutionary is a clinically accurate term. If the
current rate of progress were maintained, women would rea< h financial parity
with men in the year 2320.
• Things are better at Vassar, but hardly as good as one might expect, considering the college's pioneer role in women's education and rights. In 1908 Vassar
admitted male students for the first time. There are now 1,400 girls and 700
boys enrolled. Vassar men compete in five sports and have an annual budget of
$4,750. The women have three sports and .|2,060 to spend.
• Since its organization in 1910 the National Collegiate Athletic Association has
now has an annual operating
governed men's collegiate athletics. The
budget of .$1.5 mJIlion and 42 full-time employees. The female counterpart of
the
is the Association for Intercollegiate Athletics for Women. It was established only in 1971. Prior to that, there seemed little need for an organization
because there were so few intercollegiate women's programs. The
operates

NCAA

AIAW

on $24,000 a year and employs one executive (who works
assistant.

pj^.rt-time)

and one

—

• In five major collegiate athletic conferences Southeastern, Big Ten, Big
there are 5,000 students on football scholarships
Eight, Southwest and PAC
alone. These legitimate scholarships (to say nothing of any under-the-table goodies) are worth some $10 million a year to their recipients. Women are almost to-

8—

tally

excluded from the scholarship system which, whatever

its deficiencies, is

the one used to develop most of our first-class athletes. As many as 50,000 men
a year earn a college education by playing games. Figures are hard to come by,
but it is likely that less than 50 American women hold athletic scholarships and
enjoy the benefits financial, educational, sporting that these grants provide.
Whatever the small total of women scholarship holders is, it was reduced by
one in January 1973 when Cathy Carr, a swimmer who had won two gold medals
at the Munich Olympics, had to resign the four-year grant she had been awarded
by the University of New Mexico. The reason she and the astonished university
discovered that a woman holding an athletic scholarship was barred from competing in women's intercollegiate events by, of all things, the AIAW.
Recently, Mary Rekstad, the AIAW's lone executive, explained the Alice in
was formed many men told us that
Wonderland regulation. "When the
scholarships were a bad influence on collegiate sports, that we should avoid
making the mistakes they had made and stay out of the mess." On the surface
the concern of the admittedly corrupt men for the purity of their female counterparts seems more hilarious than touching something like a confirmed alcoholic
guzzling all the booze at a party to protect the other guests from the evils of
drink.
"It might seem that the men were motivated by self-interest," said Rekstad.
wanted to protect girls from the excesses of recruit"But we did not think so.
reassessed the situation and decided
ing and exploitation." Last month the
to drop the regulation. Now women on athletic scholarships can take part in
events it sanctions.
• When it comes to pay-for-play situations, unequal scales are established for
men and women. As a small but instructive example, one of the leading events
of the Northern California tennis circuit is held each May in Mountain View.
This tournament is open to men and women and each entrant, regardless of sex,
must pay an $8 fee. About an equal number of men and women compete. However, when it comes to prize money, sex raises it miserly head. At Mountain
View the men's singles winner receives $1,000, the runner-up $500, the semifinal
losers $150 each, quarter-final losers $75 each, and the round of 16 losers $25
each. On the other hand, the women's singles winner receives $150, and the
runner-up $50. The women receive no other money prizes. There also is a doubles
competition for men, but not for women. In all, though they have put up the
same entry fee, $3,000 is paid to men while the women play for $200. In monetary
terms, the Mountain View tournament considers women 15th-class citizens.
• In 1971 Billie Jean King became the first woman athlete to win $100,000 in a
year. During the same year Rod Laver was the leading winner on the men's
tennis circuit, collecting $290,000. To reach her total King won three times as
many tournamenrs as Laver. Last year King (\aptured tlie U.S. Oprn at Forest
Hills and collected $10,000. Hie Nastase was the men's winner and earned $25,000.

—

AIAW

—

AIAW

305
At Wimbledon Stan Smith collected $12,150 for the men's title while King picked
up only $4,830 for the women.' At Forest Hills and Wimbledon the women often
draw as many spectators, and sometimes more than the men.
• In 1972 on the Ladies Professional Golf tour Kathy Whitworth was the leadJack
ing money-winner, collecting $G5,063 in 29 tournaments. In the same year
Nicklaus was the biggest moneymaker among the men pros, winning $320,542
in 19 tournaments. The discrepancy between men and women professionals is
even more notable among lesser competitors. The 15th leading money-winner on
the women's tour in 1972 was JoAnne Garner, who made $18,901. The 15th-place
finisher among the men, Jim Jamieson, collected $109,532. Admittedly, the women's tour arouses less interest than the men's and sponsors feel they receive
a better return for their money backing men's events.
• In the Roller Derby it is the women, more than the men, who attract fans
and generate publicity. The female star of the Derby is Joan Weston, a superior
athlete. She makes between $25,000 and $30,000 a year. There are six men on
the Derby tour who play the same game in front of the same crowds as Weston,
all of whom earn larger salaries. Charlie O'Connell, the leading male performer,
is paid twice as much as Weston. When they join the Derby tour, men and
women are paid about $85 a week plus travel expenses. But men's salaries increase more rapidly than women's, and once established a man will receive between $200 and $250 a week, while a woman of equal talent makes only $150.
BIG BROTHER

• Dr. Katharine Ley, a full professor and chairman of the women's physical
education department of the State University College of New York at Cortland,
is one of the country's leading physical educators. She long has sought better
opportunities for women in sports. At Dr. Ley's university (men's budget $84,000
a year women's $18,000) the situation could hardly be described as one of
sweetness, light and equality. For example, the Cortland women's basketball
team cannot practice regularly in the main gymnasium, but it is permitted to
play varsity games there. Recently one such game ran overtime whereupon,
according to Dr. Ley, the men's basketball coach stormed into the gym and
told the girls to get off the court because the boys had to practice. The women's
coach asked if he couldn't use the field house, explaining that her team was
in the middle of a game and had reserved the space. He said he was in a hurry
because he had to leave shortly to scout another team. He told the women it
was silly to finish the score was lopsided and it was not even a game. The
women docilely left the game unfinished and withdrew.
• The Mission Conference, an eight-team league of California junior colleges,
agreed not long ago that women could compete in varsity sports with and against
men. Last February in a game against San Diego City College, Ray Blake, the
basketball coach of San Bernardino Valley College, took advantage of the new
ruling. Leading 114 to 85 with three minutes and 12 seconds to play, Blake sent in
a substitute. Sue Palmer. The San Diego coach. Bill Standly, responded by calling
time and asking his men, "Do you want to be humiliated any further by playing
against a girl?" The team, to a man, said no, and San Diego walked off the court.
• At a parochial high school in Maryland, a girls' basketball team was playing
a varsity rival. The game was oflBciated by the man who serves as athletic director
of the host school. As the contest drew toward a close, the A.D., bored and feeling
that he could spend his time better elsewhere, turned to the timekeei)er and, in
something less than a whisper, suggested that the clock not be stopped for timeouts, that it be kept running until the game ended. One of the players overheard the conversation and said, "That's unfair." "That, young lady, is a technical foul on you," said the athletic director, ending the argument.
;

;

THE FEMININE MYSTIQUE
• Ron Wied is the football coach at coed Pius XI in Milwaukee, the largest
Catholic high school in the state. Wied says, "There is cause for concern among
our male coaching staff over the pressure for girls' sports. Facilities are a problem. We've got a boys' gym and a girls' gym. Before, we could use the girls' gym
for wrestling and B team basketball a lot more than we can now. I think girls
have a right to participate but to a lesser degree than boys. If they go too far
with the competitive stuff they lose their femininity. I guess if I had my choice.

306
I'd like to keep boys' teams going up in importance and let the girls stay about
where they are now."
• Jack Sliort is the director of physical education for the State of Georgia
school system. Speaking of the physical education program there. Short com-

mented, "I don't think the idea
petition. I don't think the phys ed
making an athlete of a girl."

is to

get girls interested in intersholastic comlevel should be directed toward

program on any

• At the Munich Games, Olga Connolly, a female discus thrower, w;is selected
to carry the U.S. flag at the opening ceremonies. Upon learning that Connolly
would be the American color-bearer, Russell Knipp, a weight lifter, said, "The
woman's place is in
flag-bearer ought to be a man, a strong man, a warrior.

the home."
• At Trenton

State College the usual man-woman inequality exists,
men and only $15,687 for women. Joyce Countiss, the
women's basketball coach, is paid considerably less than her male counterpart,
but as far as she is concerned, the day-to-day discriminations are as humiliating
as the monetary inequality. "We aren't supposed to sweat," says Countiss fiercely.
"The men's uniforms are laundered by the school, but if we want ours clean
we wash them ourselves. We have no athletic trainer; the men have one who
even travels with the teams. The school has a training room with whirlpool
baths, heat treatments, etc., but women get to use the facilities only in emergencies. The weight room is located in the men's locker room, so naturally we
have no access to it. The list goes on and on, but most places are much worse off
(N.J.)

with $70,000 budgeted for

than

are."

• Susan Hollander is a student at Hamden (Conn.) High School. She had
sufficient talent to be a member of her school's varsity cross-country and indoor
track teams. There was no girls' team, and she was prohibited by a state regulation from participating on the boys' team. Backed by her parents, she brought
suit against the Connecticut Interscholastic Athletic Conference. The case was
heard on March 29, 1971 in the Superior Court of New Haven and Judge John
Clark FitzGerald ruled against Hollander. In giving his decision Judge FitzGerald stated, "The present generation of our younger male population has not
become so decadent that boys will experience a thrill in defeating girls in running contests, whether the girls be members of their own team or of an adversary team. It could well be that many boys would feel compelled to forgo
entering track events if they were required to compete with girls on their own
teams or on adversary teams. With boys vying with girls
the challenge to
win, and the glory of achievement, at least for many boys, would lose incentive
and become nullified. Athletic competition builds character in our boys. We do
not need that kind of character in our girls."
John Roberts, the executive secretary of the Wisconsin Interscholastic Athletic
Association, says many coaches of boys' teams in his state are worried about the
increased interest in girls' sports. "The facilities thing will get worse," says one
of Roberts' colleagues. "Girls haven't figured out yet how to use the urinals."
.

THE DOUBLE STANDARD
Last summer a steward at Ellis Park
Mary Bacon for cursing in the paddock

in Kentucky sought to suspend Jockey
after a losing ride. Said Bacon, "They
expect a girl to get off a horse and say 'Nice horsey, nice horsey,' like in National Velvet. Well, I get mad like everyone else. If I lost a race and didn't cuss,
then the stewards might have something to worry about."

When asked why only women were permitted to coach girls' teams, Ada Mae
Warrington, director of physical education for women in the Prince George's
County (Md.) school system, said, "We have had several instances of a girl
assaulting a man. We are trying to protect our coaches."
In 1971, after a lengthy argument with the New York State Education Department, Katy Schilly was permitted to run on the Paul V. Moore High School
cross-country team. After the decision was made, an elaborate security system

set up to protect her. Among other things, a woman had to be present whenever the runner was in her locker room. "Maybe they're afraid I'll slip on a bar
of soap in the shower," said Schilly.
Prudery is a major factor contributing to the present low estate of women's
sports. This hangup cannot be blamed on our Victorian or Puritan ancestors.

was

307
Early in this century there was
athletics. Baseball, bike racing

widespread participation by girls in competitive
and track and field were popular pastimes for
girls. Basketball was played extensively, and often girls' games were scheduled
as doubleheaders with boys' contests. Then in 1923, a national committee of
women headed by Mrs. Herbert Hoover was formed to investigate the practice
of holding such doubleheaders. The committee was shocked to find girls wearing
athletic costumes performing before crowds that included men. Mrs. Hoover and
her friends believed that girls were being used as a come-on and that the practice
was disgraceful and should be stopped. State after state followed the advice and
either abolished all girls' sports or made them so genteel as to be almost unrecognizable as athletic contests.
"When I went to college in the '30s, we were taught that competition was
dirty," recalls Betty Desch, head of the women's physical education department
of the State University of New York at Stony Brook. Those states that had
retained any girls' athletic programs declared that teams should be coached
only by women, or else who knows what might transpire. The requirement, still
in effect in many states, has stifled the development of competent female athletic
programs. While there is no evidence that women cannot be as good coaches as
men, it is a fact that there are very few good women coaches. There are obvious
reason for this. Few girls in high school or college have had the same competitive
opportunities as men, so they are seldom inspired to take up coaching as a career.
Also, few colleges allow girls to take courses in coaching techniques and theory.
Where they can attend such classes, there has been little point in doing so, since
once a girl graduates she finds few coaching jobs available, and those that are
available pay poorly or not at all. When a school needs a coach for a girls' team,
the usual practice is to draft a woman from the physical education department
for the job. Through no fault of her own, she rarely has much expertise or enthusiasm for coaching competitive athletics. In consequence, girls in her charge
do not learn fundamental techniques, skills and seldom become excited about
athletics. Thus the vicious circle is continued.

THE SAME OLD STORY
The following letter appeared not long ago in The Washington Post:
"Your editorial, 'Growing Up by the Book' (Dec. 1), revealed the harmful
effects of stereotyped sex roles in children's books and toys. But it seems that The
Washington Post is extending this same discrimination to its sports pages.
"Our specific complaint is that girls' high school basketball scores are comyour paper while boys' high school basketball is given 500-word
There are numerous active, aggressive teams from all-girls' schools as
well as public schools. Girls' basketball is not a farce it is an exciting spectator
sport with a four-month season that is of interest to thousands of Washingtonpletely ignored in

articles.

;

area students, including boys.
"We suggest that you 'practice what you preach' and print reports on a sport
where girls are anything but passive."
The amount of coverage given to women's athletics is meager and the quality is
atrocious. Most of the stories that do appear are generally in the man-bites-dog
journalistic tradition, the gist of them being that here is an unusual and mildly
humorous happening a girl playing games. Rather than describing how well or
badly the athlete performed or even how the contest turned out, writers tend
to concentrate on the color of the hair and eyes, and the .shape of the legs or the
busts of the women. The best-looking girls (by male standards) are singled out
for attention, no matter how little their sporting talent may be. Women athletes
are bothered by this, since the insinuation is "at least some of them look normal."
It is comparable to a third-string defensive back being featured on a college
football program cover because of the length of his eyelashes or the symmetry

—

of his profile.

fine

appeared

(in the sense of being typical)
in the Aug. 23, 1971 issue of

example of women's sports journalism
Sports Illustrated "A cool, braided
:

her perfectly
California blonde named Laura Baugh made quite a splash
tanned, well-formed legs swinging jaimtily. The hair on her tapered arms was
bleached absolutely white against a milk-chocolate tan. Her platinum hair was
." The account had to do with
pulled smartly back in a Viking-maiden braid
a women's golf tournament. The difference in reporting men's and women's
sporting events is obvious.
.

308

NBC

Between August 1972 and September 1973
will televise 366 hours of "live"
sport. Only one hour of this (the finals at Wimbledon) will be devoted to women.
Til Ferdenzi, manager of sports publicity for NBC, says, "Egad, I never thought
about it before. I guess it's not fair." Bill Brendle, his counterpart at CBS, says,
"We don't know if women draw an audience they might not be saleable." During the coming year CBS will televise some 260 hours of men's sports and 10 hours

—

ABC

women's

women

sports.
athletes, but

does not

know how

its

ABC's Irv Brodsky says

time

divided between

defensively,

"Women

men and

don't play

sports."

The paucity and peculiarity of sporting news about females have two effects,
both discriminatory. First, girls at all levels of play are deprived of the genuine
and harmless satisfaction of seeing their athletic accomplishments publicized.
Because the feats of outstanding women athletes are briefly and bizarrely reported, there are few sporting heroines. Boys are bombarded with daily stories
about how much_fun male athletes are having, how important, dashing and rich
they are. The suggestion is made that getting out and playing games and playing them well is an exciting and constructive thing to do. Girls have few such
models and seldom receive such subliminal messages advertising athletics.
In an informal survey taken for the purposes of this report, nearly all of some
100 high school girls scattered across the country could name 10 male athletes
in college or professional sports whom, they admired
or at least whose names
they knew. But not a single girl to whom the question was put could name 10
prominent women athletes. The sportswoman most often identified by the high
school girls was not an American but Olga Korbut, the 17-year-old Russian gymnast (SI cover. Mar. 19) who appeared prominently on television during the 1972
Olympics.
As bad as it is, conventional discrimination has perhaps had le.ss influence on
women's position in the sporting world than has another phenomenon that ranges
even further. It might be called psychological warfare its purpose is to convince
girls who show an inclination for athletics that their interest is impractical and
unnatural. The campaign to frighten girls into accepting notions about their
athletic role begins early.
Carol is 12, an eigth-grade student at a parochial grammar school in Maryland. She is one of the best athletes, regardless of sex, in the school. Last year
she was ranked by the AAU among the 15 best high jumpers of her age in the
country. She comes by her athletic interests and talents naturally. Her father
was a professional basketball player and now is a college coach. In her family,
playing games is a way of life. But Carol is discovering that elsewhere sports
are not regarded as suitable for girls. And it makes her angry. "At recess," Carol
says, "the boys get the softball and kickball fields. The girls have a parking lot
and part of a field with holes in it. Sometimes we don't even get that field because Sister keeps us in to wash off tables. She says that is girls' work."
C. M. Russell High School in Great Falls, Mont, has 2,040 students and an
excellent girls' athletic program ($15,000 a year for girls; $35,000 for boys).
Yet even there, the members of a six-girl panel discussing sports were aware of
forces putting them in their athletic place.
"There's one thing that really doesn't have anything to do with school," said
one girl. "If you've got a brother and he's playing football or basketball your folks
are going to drive him back and forth to practice and change dinner hours for
him. But if you're a girl, your mother says, 'Be home at 5 to set the table.' "
Early on, girls learn to expect and put up with parental edicts and insinuations that the games they play are unimportant. When she is 15 or 16 the campaign against a girl's athletic interest takes an uglier turn, being directed against
her appearance and sexuality. The six O. M. Russell girls were attractive teenagers. Most of them dated boys who were athletes. "The guys on the teams
tease us about being jocks," said a tiny lithe gymnast, "but they are just having
fun. They know we work hard and I think they are proud of what we do."
"The mean ones," said a basketball player, "are those who aren't in sports
themselves. They don't want to see a girl play because it makes them look bad.
They want her to sit in the stands with them. So they try to put us down. They'll
come up in the hall and frive you an elbow and say, 'Hey. stud.' "
"Some girls are bad, too," a hurdler noted. "They'll say, 'Aren't you afraid
"
you'll get ugly muscles in your legs?'
"Girls in sports are more careful about how they look," said the gymnast. "We
wear skirts more than other girls because we are worried about being feminine."

—

;

309
Some authorities consider the word "feminine" a degrogatory term. "When
we say 'feminine,' " says Dr. David Auxter of Slippery Rock State College, "we
mean submissive, a nonparticipant, an underachiever, a person who lacks a strong
sense of self-identity, who has weak life goals and ambitions."
Grosse Pointe (Mich.) North High School has a far different and lesser girls'
sports program than that of C. M. Russell in Montana. There are two official
girls' interscholastic sports, gymnastics and track. These are financed by a $2,200,
hopefully annual, grant from a local boosters club. In contrast, boys receive
about $20,000 in school funds. But in at least one respect girl athletes are treated
better at Grosse Pointe than in many other places. Girls are awarded school letters that they may wear on a sweater. In many other localities, players are rewarded with inconspicuous pins, printed certificates, or nothing. In practice, winning and being able to wear a letter sweater is an empty honor for Grosse Pointe
girls. "Not very many girls wear their letter," says Pam Candler, a senior who
is the Michigan girls' trampoline champion and was runner-up last spring in the
state tennis championships. "Mostly only freshmen or sophomores because they
don't know what the score is."
What is the score?
"Well, a lot of people think it is freakish for a girl to wear a letter sweater.
Like she's a jock. I'm kind of proud of the girls who have enough courage to
wear them, but I don't. It would make me feel funny. I guess I've been brain-

—

washed."
"I don't like to think that there are male chauvinists, but I guess there are,"
says Jan Charvat, another gymnast. "It is degrading that we have to act in a
certain way just because we're in sports. A girl ought to be free to be what she Is,
without people cutting her up."
So far as the "social" acceptability of girls' sports at Grosse Pointe, Candler
says, "If a girl is great looking, then maybe the guy she is going with likes to see
her in sports. If she isn't good looking and popular, sports are not going to help
her. In fact they will do the opposite."
Bruce Feighner, the principal of Grosse Pointe North, is not proud of the
iveakness of his girls' athletic program. However, like so many of his colleagues,
he cites the lack of funds as a major reason for the inequality "Here and in
many other communities in Michigan, taxpayer revolts are brewing. It is hard
to establish new programs. This admittedly is unjust, but the fault is not entirely or perhaps even principally with the school. The role of girls in sport is
determined by society, and until now that role has been an inferior one. There's
another practical side to the matter. Grosse Pointe is a very affluent community.
If a girl is interested in athletics, the conventional way of developing her skill
is to marry a man who has enough money to belong to a country club, a tennis or
yacht club."
Feighner's comment may seem cynical but it is perceptive. Except occasionally in track (where the leading female performers are developed in private AAU
clubs) the only women's sports in which the U.S. record is respectable, occasionally outstanding, are tennis, golf, skating, skiing and swimming, essentially
country-club sports and ones that are considered "ladylike." For the girl who
lacks country-club opportunities and inclinations, yet somehow has kept her
interest in athletics through high school, the question of what to do next is
perplexing. For men, the next stage in the American athletic progression is
college, where sporting skills are polished and reputations made. However, college
sports presently have little attraction or value for good female athletes.
The woman athlete at the university is made to feel unwelcome and an oddity
Beth Miller is a tall, graceful 21-year-old, by any standards a figure pleasing to
the eye. She is also one of the best female athletes in the country, having been the
National Junior Women's pentathon and shotput champion, a standout performer
on her Lock Haven (Pa.) State College basketball team, a swimmer, softball
player and spelunker. On one weekend last winter, Miller led her basketball team
to victory and then hurried to Baltimore where she won the shotput and placed
third in the high jump at an AAU indoor meet. Word of her accomplishments was
received by a Lock Haven radio sportscaster. The commentator spent maybe 20
seconds describing what Miller had done and ended with the comment, "What
an animal she must be."
If a talented woman withstands these pressures and decides to become a serious athlete, she often has to cope not just with insinuations but with slanderous
gossip. Jo Ann Prentice is a sharp-tongued, sharp-minded woman who has earned
:

310

LPGA

tour. Asked about the "social" life on the
her living for 17 years on the
tour, Prentice replied to the euphemistic question in her soft Alabama drawl,
"This is kind of how it is. If you get into town at the beginning of the week and

you meet some guy whose company you enjoy and have dinner with him once or
twice, the gossips start asking what kind of tramps are these babes on the tour. If
you stay at the motel where everybody else on the tour has checked in, then the
question is what are those girls doing back in those rooms alone."
The vicious paradox that Prentice outlines women athletes are either heterosexual wantons or homosexual perverts or, simultaneously, both is the culmination of all the jokes and warnings that began when an 11-year-old wanted to play
sandlot football with her brothers and was teased, in good fun, about being a

—

tomboy.
As a result, a great many girls simply avoid sports completely. Others try to
compromise, accommodating their athletic desires to the attitudes of society.
They continue to play games, but play them nervously and timidly, attempting to
avoid appearances and enthusiasms that might be construed as unladylike.
The few women who survice the pressure may be scarred in various ways, but
there are compensations. Jack GriflBn, though he has worked for 25 years in relative obscurity, is regarded by many who know of him as one of the most distinguished athletic coaches in the nation. He has coached boys and girls, from gradeschoolers to post-collegians, in swimming, track, basketball and football. Working
only with the youth of the small Maryland city, Frederick, he has helped to
develop an inordinate number of national and international class athletes. He has
been an Olympic coach and is currently a member of the Olympic Women's Track
and Field Committee. "I enjoy coaching both sexes," says GrifBn, "but strictly
from a coaching standpoint, I have noted one important difference between them.
Desire is an intangible quality which you like to see in any athlete. Coaches of
men's teams often single out an individual athlete and say his most valuable
characteristic is his desire. You seldom hear girls' coaches make this sort of
comment. The reason, I think, is that any girl or woman who is very much involved in athletics tends to have an extraordinary amount of desire, not only to
excel in her sport but to excel as a person. It is so common with the girls that we
tend to overlook it. accepting it as normal. I suppose in a sense it is normal for
them. The way things are in this country, any girl who perseveres in sport has
to be not only an exceptional athlete but an exceptional human being."

[From Sports

Part 2:

Women

Illustrated,

Sport—Are

June

1973]

You Being Two-Faced?

if THEY THINK ABOUT IT AT ALL, CONSIDER SPORT RISKY AND INESSENTIAL for GIRLS. THESE SEEMINGLY BENIGN AND WELL-MEANING ATTITUDES
ARE NOW BEING QUESTIONED AND CLINICALLY DISPROVED

MOST people,

(By Bil Gilbert and Nancy Williamson)
There are those who defined the present system in which girls and women
participating in sports receive limited funds, facilities, coaching rewards and
encouragement. The arguments for maintaining the status quo are that (1)
athletics are physically bad for women competition may masculinize their appearance and affect their sexual behavior; (2) women do not play sports well
enough to deserve athletic equality; and (3) girls are not really interested in
;

sports.

The belief that a female in comi)etitive athletics is taking short- and longterm risks with her health is, according to existing medical information, simply
wrong. Dr. Clayton L. Thomas, the Harvard consultant on human reproduction
and a member of the United States Olympic Medical and Training Services
Committee, says, "I do not believe there is evidence available supporting the
view that it is possible for healthy women of any age to indulge in a sport which
too strenuous for them. The literature of the past contains many opinions
stating that competitive events are harmful for women. There are no data,
however, to support these negative views."
Contentions aimed at excluding girls from sports on medical grounds often
cite special dangers to reproductive organs. Recent research suggests these hazards are imaginary. The uterus, for example, is one of the most shock-resistant
is

311
of all internal organs, being protected by what amounts to an extremely effective suspension system. The external genitalia of females are less exposed than
those of males and could be as easily guarded if equipment manufacturers designed protective devices.
Other research argues that neither strenuous exercise nor athletic competition
delays the onset or regularity of menstruation. Menstruation should not prevent
a girl from participating in athletics, nor necessarily have a negative effect on
her performance. (Medical surveys conducted at the Olympic Games indicate
that women have set world records at all stages of the menstrual cycle.)
Such obstetrical information as is available maintains that athletic participation may improve the prospects of both mother and infant. A study of 700 female athletes showed that the length of labor was shorter for them, and the
necessity for cesarean section 50% less than in a group of nonathletes. An
obvious explanation for this is that women athletes are stronger and in better
physical condition.
mass of empirical evidence supports the almost unanimous medical opinion
that no sport per se is more harmful for a girl than for a boy. In this country
girls have organized programs in baseball, basketball, ice hockey, soccer and lacrosse among the most "physical" sports. There is a women's professional football league. The Roller Derby, a violent game, has always been based upon
women's participation. In Dallas a successful boxing club is operated for young
girls. In none of these activities is there a higher incidence of injury than in
comparable boys' programs, nor are girls being injured or exhausted for reasons
that appear to be directly connected with their sex.
Competition between the sexes in contact sports is another matter. Here the
preponderance of medical opinion seems to be that girls, particularly after the
onset of puberty, do face a disproportionate injury risk when competing with
boys. Girls mature physically more rapidly than boys, but in the early teens the
latter overtake the former. Thereafter, the average boy tends to be larger and
stronger (because of a higher proportion of muscle to fatty tissue) and therefore
faster, more agile and more athletically adept. "It is as inadvisable to have high
school girls competing in varsity football with high school boys as it would be
to have high school boys competing against professionals," says Dr. Ken Foreman of Seattle Pacific College. "When you're dealing with sports involving overloads and muscular strength, women should not compete with men. It would be a
put down. They can't win."
But consider the Little League. It was established in 1939 and in 1964 was
granted a charter as an all-boy sport by an Act of Congress. The organization
argues that mixed competition is unsafe for girls. But because of the age group
involved (8-12) and the fact that physical differences between the sexes are
superficially minimal at this stage. Little League has come under increasing
fire from parents who do not feel their daughters should be barred. In many
communities it is the only organized summer recreation program. Dr. Creighton
Hale, the Little League executive vice-president, adamantly, if regretfully, defends the organization's discriminatory rule. He cites research which he claims
indicates that boys at all ages are stronger, swifter and have less fragile bones
than girls. Also, says Hale, it is a particular concern in baseball that boys have
quicker reactions than girls.
Recent medical reports suggest that Little League may be on shaky ground.
Dr. Thomas, in a paper to be published soon, summarizes what he considers to
be the best evidence. He finds that prior to puberty boys are taller, but girls
and boys are equal in weight, strength and reaction time.
In this matter of the advisability of mixed athletic competition, some supporters of women's rights believe that a principle is involved that is more fundamental than any medical evidence. If a weak, slow, badly coordinated 110-pound boy
wants to try out for his school's football team he is required to do nothing but
take a routine physical examination. If he passes he is permitted to go out and
risk breaking his leg, at least until he is cut from the team. A girl is not given
the same right of risk, the right to use or abuse her body as she sees fit. She is
prohibited from doing so by the patronizing gallantry that is built into our social
and legal system. These days this gallantry often is described as male chuvinism.
Another part of the biological argument is that sports are in essence physically
destructive to women, that competition and training masculinize the female. On
the one hand there is the notion that females are so fragile sports will break
them up like so many china dolls.

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312
Opposed to this is the suspicion that girls who engage in serious athletic training will develop enormous muscles, a bass voice and a beard. Like the former
opinion, the latter is also nonsense comparable to the belief that handling toads
causes warts. "The supposition that girls will become heavily muscled, nmlelike
creatures as a consequence of intense traning is a tragic distortion of reality,"
says Dr. Foreman.
Another expert in sports medicine, Dr. Harmon Brown, who is a California
endocrinologist and part-time women's track coach, has conducted extensive research on women athletes. He declares that "women are capable of performing
maximal resistance exercises and achieving considerable levels of strength with
little or no overt evidence of muscular hypertrophy." Muscular hypertrophy, in
layman's terms,' is excessive and obvious muscle development. Brown explains
that women are less likely to develop bulging muscles than men because, first
the loss of fatty tissue camouflages such a change and, second, the amount of androgen (male hormone) produced by women is only five to 10% that of males.
It is as preposterous to claim that sports masculinize girls as it is to think that
horseback riding will turn men into dwarfs or basketball will make them giants.
However, for the same reasons that 7-footers gravitate toward basketball and
5-foot 105-pounders toward careers as jockeys, girls and women of better-thanaverage muscular development, strength, speed and coordination, and in some
cases size, are more inclined to participate in sports. It is simply that these
characteristics give them a natural advantage. Yet, unlike the male athlete who
is honored and rewarded for his superior physical talents, a woman athlete too
often is made to feel that her superiority is somehow shameful.
"A bright woman is caught in a double bind," writes Dr. Matina Horner, president of Radcliffe. "In testing and in other achievement-oriented situations she
worries not only about failure, but also about success. If she fails, she is not
living up to her own standards of performance if she succeeds, she is not living
up to societal expectations about the female role."
Perhaps nowhere in society is the situation President Horner describes more
evident than in sports. Generally speaking, the better an athlete she is, the more
a woman must defend herself against charges that she is successful because she
was something more or less than a woman to begin with. For many outstanding
female athletes the situation is comparable say, to one in which Wilt Chamberlain would be required to apologize for his size and skill and expected to confess
that what he really wanted to be was a 5'8" average man.
Behind the myth that participation in sports will masculinize a woman's appearance, there is the even darker insinuation that athletics will masculinize a
woman's sexual behavior. But last year Dr. Christine Pickard, a London consultant on birth-control and sex problems, suggested just the opposite. Girl
athletes, she declared, tend to make better lovers and are much sexier than less
active women "Athletes are physical creatures. Their bodies are important to
them the physical sensations, touch, the ripple of muscles play a central role
in their lives. Women athletes are much more interested in sex and physically
more responsive than their less-active sisters."
Contention No. 2 females do not play games well enough to deserve athletic
equality. Is there any point in wasting money, gyms, fields and coaching on
them? The quality of competition in girls' sports is so inferior that games do
not generate gate receipts and therefore it is fiscally irresponsible to spend money
on these activities. Most male coaches, athletic directors, high school principals
(of which 97% are men) and college presidents (99% men) hold this view.
It is diflBcult to assess how good American female athletes might be if they
were offered athletic facilities, support and encouragement even roughly comparable to what men receive. Given greater equality between the sexes, it
seems reasonable that the gap between women's and men's athletic performances
would narrow. But improving female performances is not the substantive reason
for providing equal opportunity.
The same athletic administrators who urge that girls be excluded because they
lack abilit.y take quite a different stance when it comes to getting appropriations
and support for men's programs. It is then one hears that the purpose of sport
is essentially educational
to develop character, attitudes and good citizenship.
It is not important whether one wins or loses but how one plays the game. The
two attitudes girls should not play because they are not good enough, and
athletics are good for any boy are obviously contradictory. If the "excludethem, they-aren't-good-enough" standard was applied to both sexes, most exist;

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313
ing boys' programs would have to be judged unworthy of the money now given
them.
Athletic competition is organized so as to match up opponents of more or less
equal ability, size, strength and speed. A system of handicapping is implicit in the
pleasures and value of sport. The matter has been summed up by Simone de
Beauvoir, who writes in The Second Sex, "In sports the end in view is not success
independent of physical equipment; it is rather the attainment of perfection
within the limitations of each physical type the featherweight boxing champion
is as much a champion as is the heavyweight; the woman skiing champion is
not the inferior of the faster male champion they belong to two different classes."
The final consideration is whether girls are sufficiently interested in athletics
to justify sports activities for them. "We have tried to organize a girls' sports
program," one Eastern high school athletic director explained, "but it hasn't
worked out very well. We started girls' basketball this year. We found one of
the gals on our faculty to coach them and even though our facilities are crowded
we got them practice time in the gym. I drew up a little schedule for them five
games. Unfortunately, the girls didn't show a lot of interest. Only 12 came out
for the team. There were two big tomboyish girls who have remained quite enthused, but the others have not been faithful about practice. I'm not blaming
them, because I think a normal girl at that age is going to be more interested in
catching a boy than catching a basketball. When they played, it was so bad it
was pathetic. I think there are only eight girls left on the team now. With that
kind of experience we are going to think a long time before starting other girls'
programs. We have limited funds and it doesn't make sense to cut into boys'
programs or to try to force things on girls that they themselves don't want."
Not maliciously, but simply because it did not occur to this A.D. that they were
pertinent, certain facts were omitted from this chronicle of female apathy. In
this particular community, as in many others, there never had been any opportunity for girls to play a team sport in grade school, junior high, or in a public
recreation league. The girls' coach was a physical education teacher who had
never played basketball herself and had never coached any team sport. No
money was provided for uniforms for the girls, though at this school the boys'
teams and the cheerleaders have both home and away uniforms which are furnished by the athletic department. The girls were told that they could wear their
gym suits or, if they preferred, sell candy and soft drinks at boys' basketball
games to raise money for classier costumes. Because of the shortness of the
season the girls who made the team would not be eligible for athletic letters
or sweaters. Practice for the girls was restricted to Tuesday and Thursday evenings at S :30, when all the boys' basketball program.s— varsity, junior varsity,
freshman and intramural were finished. Being unaccustomed to strenuous physical activity and having no previous training in the techniques of the game the
girls, when they began to play, were awkward and self-conscious. They put on
such a poor exhibition that some of the boys found it entertaining to hang around
after their own practice to whistle and laugh at the girls. The best player among
the girls won the derisive in this context nickname, Wilt the Stilt. A column
of humorous intent apeared in the December issue of the high school newspaper. It listed appropriate Christmas gifts for various students. It was suggested that Wilt the Stilt be given a raizor. No mention whatsoever of the girls'
basketball program appeared on the sports pages of the local daily newspaper.
Everything considered, an objective observer might disagree with the athletic
director's conclusion that the basketball experiment at his school proved that
girls are not interested in sports. The fact that at this school
and elsewhere,
and in our sports girls continue to try to participate in athletics despite discouragements and humiliations indicates instead a fundamental and real interest.
Repeatedly, when good girls' athletic programs are offered, the organizers are
astonished by the response. For example, the Hillsborough County, Florida
(Tampa) Recreation Department never had provided any organized programs in
competitive sports for girls. It began to receive inquiries as to why not. In the
spring of 1971 a recreation-department employee, Zoe Gray, organized a slowpitch girls' Softball program called the Little Leagueretts. Competition was offered in three age divisions ranging from eight to 15. in its first year more than
1,000 girls turned out and were divided into 68 teams. Shocked at this unexpected development, officials last winter started similar basketball leagues and this
summer will add a division for 16- to 18-year-old girls to the Softball program.
:

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314
In the summer of 1972 Carol Mann, one of the leading members of the Ladies
Professional Golf Association, decided to organize a week-long clinic for girls in
her native Baltimore. Mann was told that such a program had never been sponsored in the area and that she should not plan on more than 30 or 40 youngsters
taking part. De.spite the fact that the golf clinic was held the week that Hurricane Agnes swept up the East Coast, 154 girls came to the sessions.
Doyle Weaver, an enterprising Dallas boxing coach, received all manner of
discouragement and warnings when he conceived the notion of organizing The
Missy Junior Gloves, a boxing program for six- to 16-years-old girls. However,
wlien Weaver's program got off the ground, it attracted 300 youngsters, more
than had ever participated in his boys' boxing activities.
Ill Kansas there has been a flurry of interest in girls' sports because of a .series
of legal challenges. Regional and state championship events, similar to those
which boys have had for years, have been organized for girls by the state athletic
association. In 1972 some 14,000 girls took part in four regional track meets.
Meanwhile, 900 girls from 91 schools participated in the state tennis tournament,
and 4,000 girls played volleyball.
These are just fledgling programs, mere hints of the potental interest in girls'
sports. But there is one locale
surprisingly enough, rural Iowa that can offer
conclusive proof of the viability and rewards of female athletic equality.
Currently 488 Iowa high schools belong to the state athletic association for
girls, which sanctions 17 championships in 13 different sports. The situation is
so uncommon that it is worth calling the roll of Iowa games. They are currently
basketball (438 schools participating) track (423) softball (302) golf (247)
tennis (86) distance running (82) coed golf (77) volleyball (65) gymnastics
(49)
swimming (46) coed tennis (26) synchronized swimming (9) field
hockey (6). Coaches of the girls' teams, most of whom are men, are paid exactly
the same as coaches of boys' teams if a school can afford assistant coaches for
boys' teams, it will also have assistan coaches for girls' teams. The girls' teams
are fully equipped, have the same practice facilities, travel in the same style and
are given the same school rewards as boys' teams. Girl athletes in Iowa are not
regarded as freaks. As a class they tend to be the most popular girls, enjoying
more status in the eyes of other students, their teachers and townspeople. In
the smaller communities of the state where high school athletics are the principal
local excitement, girls are as much a sporting attraction as boys.
The press of rural Iowa treats the competitions equally. Most interscholastic
basketball games are scheduled as doubleheaders one girls' game and one boys'
game. The next morning the reporter from the local newspaper will lead off his
account and devote the most space to whichever game was the more interesting.
The stories seldom are cluttered with cute, irrelevant, patronizing passages on
how the girls looked. Attention is focused instead on how they played and how
the contest developed.
Relatively speaking, Iowa is a Utopia for girls' athletics it is not unheard of
for a girl from a neighboring state to move to Iowa and take up residence with
relatives during her high school years in order to take part in the athletic program. However, it is not a Utopia because of something that existed when Iowa
was liberat^ed from the Sioux, or because some unique phenomenon sprang up
like wild bluebells from the dark prairie earth. The Iowa girls' sports program
has developed in the past 20 years. Prior to that, things in Iowa were the same
as elsewhere that is, bad and unequal. The man responsible for the change is
Wayne Cooley, who in 1954 left a job as assistant to the president of Grinnell
College to become the chielf executive oflScer of the Iowa Girls' High School
Athletic Union. At that time the Union was a feeble organization with no staff
and a shoestring budget. But Iowa was different in one important respect it
had set up an independent body to oversee schoolgirl sports. In most states where
there is any girls' organization, it is a subdivision often only a desk in the
boys' association.
Cooley is a hard-driving, fast and forceful man who comes on not as a crusader for women, but as both a promoter and a shrewd and pugnacious executive. He gives the impression that he would be as happy and sucessful pushing
real estate or managing a tool-and-die works as he is running the best girls'
athletic program in the U.S. "Before coming here," he says, "I had no special
interest in women's rights. My experience was in administration I came to be an
administrator. This was a poor-relation outfit, and I wanted to make it as successful and efficient as the organization that exists for boys' sports. I suppose
in a certain sense that was my competition
the group I wanted to beat."

—

;

—

;

—

315
Cooley may not have beaten the boys' athletic executives, but he surely has
played them to a tie. The two groups are now equal in affluence and influence.
The Union has a plush suite of offices in downtown Des Moines and operates on
an annual budget of $600,000, which comes principally from gate receipts collected at girls' state championship events. Among Cooley's more important staff
members is Jack North, an ex-newspaperman who distributes weekly rankings
and team and individual statistics in the fashion of the NCAA or NFL. The
Union also issues a monthly newspaper, sponsors clinics and conferences for girls'
coaches and does missionary work among Iowa colleges to acquaint graduating
seniors with the joys and rewards of coaching girls' athletic teams.
Competitively, artistically and financially, the pi^ce de resistance of the Iowa
girls' program is the state basketball championship, which is held each March
in Des Moines. During this five-day tournament the Veterans Memorial Auditorium is invariably sold out, the girls attracting about 85,000 fans (often they
outdraw the boys' championship, held a week later). Additionally, some five to
six million other spectators see the girls' game {hut not the hoys') via a ninestate TV network that Cooley has helped put together.
"We are competing for the entertainment dollar," Cooley says, "and we try
to put on the best show we can. Our girls play in attractive uniforms
they may
be mildly revealing but they are in good taste. The girls are young, graceful,
skillful and enthusiastic about their game, and they are very competitive. There
is no reason why girls' events can't draw well if they are intelligently staged."
In his state tournament production, Cooley surrounds his girl athletes with
cheerleaders, bands, music, flags, dignitaries, slick souvenir programs and patriotic and county-fair pageantry of all sorts. In adidtion to basketball games,
there is an impressive ceremony in which individual and team champions in all
other sports that the Union sponsors are introduced to the crowd and, of course,
to the press and TV cameras. "Basketball is our big attraction," says Cooley.
"We can't expect to draw the same kind of audience for, say, a tennis or volleyball championship. So we use the basketball tournament as a showcase for the
rest of our activities and the other champions."
Whatever the means that have been used to build the Iowa girls' sports empire,
the citizens seem well pleased with the end result. Story City, for example, is a
town of 2,000 located 15 miles north of Ames in an area known as the Heart of
Iowa. It is one of those John Deere, soda and sundry, grain elevator, church
steeple communities, down whose main street 76 trombonists should perpetually
march. People in Story City still talk about the day in 1972 when the RolandStory Community High School (350 students) girls' basketball team won the
state championship. All through last summer and winter the most common subject of conversation at the drugstore, in the cafe, in the high school corridors, was
whether the girls could repeat. (They did not.) Their chances seemed good since
two All-State players, an agile guard named Karen Ritland and a gunner of a
forward, Cathy Kammin, were returning. Kammin, a shy, dreamy-eyed, 5'8"
farm girl, was the most publicized citizen of Story City, since she was the school's
leading basketball scorer, averaging 41 points yes, 41 a game.
"Sports are very big in a little town like this," explains Dallas Kray, the
Roland-Story athletic director. "We encourage a lot of sports and we have a
recreation program that goes full blast in the summer. We spend about $14,000 a
year on sports in the high school. It comes out of the gate receipts. I guess the
girls' basketball team, what with Kammin and Ritland, is our biggest gate

—

attraction."
Sitting in the Roadside Caf6 with Cathy Kammin, Karen Ritland and two
members of the boys' basketball team, Alan Eggland and Jim Johnson, and
talking about discrimination against girls in sports is an unusual experience.
Reports have filtered into Story City about inequality between the sexes. The
four teenagers find it hard to relate to these phenomena, just as a 15-year-old
Ugandan might be unmoved by accounts of racial discrimination in Alabama.
"Gee, no, I can't think of any way we're treated much different than boys," says
Ritland. "We're all just basketball players."
"It's

not

all

equal," says Johnson.

"How do you mean?"

"Well, Karen and Cathy get a lot more publicity than we do," and Johnson grins
while both the girls look flustered. "But they deserve it. Right now they're playing better than we are."
"Are girls in sports popular in this school?"

316
"I haven't really thought about that," says Kammin, the Story City heroine,
to work out the matter. "I guess we're popular enough. It isn't a
big deal. I mean you play sports because it's something you like, but I suppose
you are sort of doing something for the school, too, so nobody looks down on

and then pauses

you."

"Maybe this is something," contributes Eggland, as if working away on a
"The homecoming dance is a big social event here. The last three years a

puzzle.

who has been on one of the teams has been the queen of it. I think girls in
sports are more popular, at least with the boys. We're together a lot, and the girls
in sports are the ones who are doing things."
On a midseason Thursday afternoon. Bill Hennessy, the head basketball coach
of the Roland-Story girls' team, is running his charges through a light, daybefore-the-game drill. He is working with his forwards, setting up screens to
give his bomber, Cathy Kammin, open shots. At the opposite end of the court,
the assistant girls' coach has the freshmen and reserves. Kenneth (Pat) Eldredge, the boys' basketball coach, is sitting on the stage with some of his team,
watching and waiting for a turn on the court. During a break, Hennessy comes
over to talk. Eldredge (whose team also has won a state championship) and
Hennessy are both slender, graying, soft-spoken men. They are old friends, having coached together for 16 years. "Pat, what about the comment you hear that
if less time and attention were given to girls' basketball, the quality of boys'
basketball in Iowa would improve?" Hennessy asks.
There might be some truth in that, says Eldredge, smiling. "If we didn't share
a gym, if we had more coaching for the boys, if the boys got all the attention,
we might have a better team, but that is just a guess. What I do know for
certain is that if we cut back on or did not have the girls' team, our sports program for humans would be a lot poorer. I wouldn't want to see that happen."
Whatever value sports have, men like Bill Hennessy and Pat Eldredge believe
they are human values, beneficial to boys and girls alike. All those dire warnings
of the medical, moral and financial disasters that would follow if girls were
granted athletic parity are considered hogwash in Iowa. The local girls have
not become cripples or Amazons the boys have not been driven to flower arrangement or knitting. In fact, there may be no place else in the U.S. where sport
is so healthy and enjoys such a good reputation.
girl

;

[From Sports

Paet 3

Women

Illustrated,

June

11,

1973]

—Programmed to be Losers
TO ATHLETICS — WHICH TEACH BOYS THE VALUES
in Sport

OF
THE limited access OF GIRLS
aggressiveness and winning MAY BE ONE REASON WHY FEMALES OFTEN ARE
UNDEBACHIEVERS. NOW THE SECOND SEX IS TIRED OF BEING
.

(By Bil Gilbert and Nancy Williamson)

The arguments most often used to justify discrimination against women in
sports that athletics are bad for their health and feminity, that women are
not skillful enough or interested in playing games have on the surface a nice
paternalistic, even altruistic, quality. Recent studies indicate such assumptions
are incorrect and self-serving nonsense. It simply happens to be in the best interest of the male athletic establishment to maintain the existing situation. Anything beyond token sexual equality in athletics represents a formidable threat
to male pride and power. "The status of the female athlete is not something implicit in the nature of the female but rather a manifestation of the ego of the
male," says Dr. Ken Foreman, the head of the Seattle Pacific College physical
education department and a track coach. "Males simply cannot tolerate a serious
challenge from a woman."
Any discussion of collective egos is tricky and extremely speculative. But there
are numerous incidents that suggests, at least in competitive sports, the masculinity of males is a more tender and perishable commodity than the feminity
of females.
Charles Maas, secretary of the Indiana State Coaches Association, commented
glumly on a recent decision by his state's Supreme Court permitting girls to
compete with boys in noncontact sports, such as golf, tennis, track and swimming
"There is the possibility that a boy would be beaten by a girl and as a result be
ashamed to face his family and friends. I wonder if anybody has stopped to
think what that could do to a young boy."

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317
Elien Cornish, a senior at Frederick (Md.) High School, is one of the best
distance runners among American women, good enough to have been a member
of the U.S. cross-country team that took part in the 1971 world championship.
Though she has represented her country, Cornish never has been able to compete for her school. The reasons are the usual ones. Frederick High has no girls'
track program and Cornish has not been able to run on the boys' team even
though she regularly has better times in practice than most of the boys. In the
spring of 1972 arrangements were made for Cornish to enter a two-mile event
in a dual meet between Frederick and Thomas Johnson High School. She was
to compete on an exhibition basis, that is, any points she won would not count in
the meet score. As things turned out, she was handicapped in an even more obvious and effective way. At the end of the seventh lap of the race, with Cornish
fighting for the lead, she was pulled off the track, according to a previous agreement between the coaches. This was done to protect the male runners from the
morale-shattering possibility of being beaten by a girl, a possibility that was
probable.
Several years ago Becky Birchmore won a place on the University of Georgia
men's tennis team and played in Southeastern Conference matches. Since then,
Dan Magill, Georgia's tennis coach, has had time to mull over the Birchmore
matter and he now regrets that Birchmore was allowed to play against men. "I
used her against Auburn one time," says Magill, "and she won. The boy she beat
was embarrassed to death. It ruined him. I really wish I hadn't done it."
Male defensiveness about female athletic prowess is not restricted to head-tohead confrontations. Accomplished women athletes, even when they are competing against one another, seem to ruffle the psyches of many men. That there
are many women athletes superior to men is indisputable. There surely are a
hundred or so male tennis players who could defeat Billie Jean King, but there
are hundreds of thousands who would be fortunate to win a set from King. The
same situation prevails in most sports. "For obvious reasons it is often the more
sedentary, unathletic, spectator-oriented man who has the most derogatory things
to say about outstanding sportswomen," says Ken Foreman.
A frequent ploy used to maintain the illusion of total male athletic superiority
is to compliment a skillful woman by saying, "She plays almost like a man."
(There is a barb in the compliment the insinuation that this babe's hormones
are probably so weird that she is or nearly is a man.) Not long ago a male coach
commented on the style of Micki King, the only American diver to win a gold
medal at the Munich Olympics. The coach said King "dives like a man," a statement that drew a sharp comment from Jack Scott, the athletic director of Oberlin
College "My reaction on reading the quote was that she sure as hell does not
dive like me or any other man I ever met. In fact, she does not dive like 99% of
the men in America. What she obviously does is dive coi-rectly."
Just as many men feel menaced by the athletic activities of women, many
organizations are becoming nervous over the rising expectations of women in
sport. Long-standing by-and-for-male principles are being threatened, as are byand-for-male budgets. "I know the men who head the high school athletic associations in all 50 states, and I don't think there are more than three or four of
them who genuinely want to see a girls' program comparable to that of boys',"
says Wayne Cooley, the aggressive director of the Iowa Girls' High School
Athletic Union. "Some are hostile a more common attitude is apathy. Right now
some state associations are getting a lot of heat from parents and from courts, so
they are putting in token programs for girls. They will hire a woman assistant
who is not aggressive and schedule a few so-called state championships and then
they let the whole thing go."
The bedrock reason for this institutional fear and the fierce resistance to
improving girls' athletics has been pinpointed by Harvard's Dr. Clayton
Thomas "Women traditionally have not been allowed the same share of funds
for athletics and recreational equipment. The appearance of girls' teams to utilize
sports facilities not previously required by them will have great economic impact
on schools, colleges and communities. If, by some miracle, women suddenly began
using public and private athletic facilities to even half the extent they are used
by men, then the overcrowding would be catastrophic."
Whether or not the situation would be a catastrophe depends on one's outlook.
But a marked increase in participation by girls and women certainly would bring
about radical change. Most organized sport in the U.S. falls into three categories, that which is sponsored by colleges and universities, by public-school sys-

—

;

—

318

—

and probably
terns and by community recreation organizations. It is a guess
a conservative one that no more than 1% of all college and university athletic
funds are spent on women. In junior and senior high schools, girls get perhaps
5% of the funds and facilities. In community recreation programs the figure may
be as high as 20%. If females were given as little as 25% of the resources, the
shape of the American athletic system would be altered far more drastically than
it could be by all the designated pinch hitters, franchise shifters, NCAA rulemakers and carping reporters rolled together
If they found it necessary to provide something more than token programs
for girls and women, athletic executives would have only two alternatives. The
first would be to raise funds to be used for women's facilities, coaching salaries
and other operating expenses. But faced with financial crises and taxpayers'
revolts, most schools and communities are looking for ways to decrease sports
expenditures, not increase them. Therefore, the prospects of upping athletic
budgets by an across-the-board 25% are slim to nonexistent. So the only prac-

—

way to finance substantial new programs for girls is to take resources
from the programs now operated for the benefit of males.
The present system is able to function as it does providing elaborate, perhaps
even excessive, facilities for boys and men only because half the population
has been excluded from participating. But most of the funds are public ones,
contributed by both men and women, and in this rests the seed of the change
tical

—

may come.
What many athletic

that

administrators fear is what has happened in Iowa City.
In the spring of 1971 some parents and daughters there began protesting against
sexual discrimination in the athletic programs of the city school system, f Until
last year the larger cities in the state had held out against rural Iowa's unique
program that has brought sexual equality in athletics to the small towns.) There
were only two competitive sports for girls in Iowa City schools, tennis and
swimming. OflScials did not know, or would not say, how much money was
being spent on the girls' program, but it was known that some $60,000 a year was
devoted to boys' sports. The athletic director of the school system, Robert White,
said that nothing could be done to change the situation. He said all available
funds and facilities were being used. The parents' group did not accept this
answer and engaged an American Civil Liberties Union lawyer. In the fall of
1971 the school board, under legal pressure, agreed to allot $2,000 more for
girls' sports and sponsor additional teams in gymnastics and golf. This token victory did not satisfy parents, and the battle has continued. If there is only
X amount of funds available for sports, the parents and their legal advisers say,
then the girls are entitled to something approaching one half X dollars. If the
only way thus sum can be collected is to take it from existing boys' programs
then so be it.
At one point during the controversy, White admitted that his athletic department had a cash reserve of some $4,500 that was being held "for a rainy day."
This prompted a school board member to remark, "It looks like the precipita-

—

tion is about to fall."
It appears that many institutions and agencies are in for a spell of wet
weather. The discriminatory regulations of high school athletic associations in
California, Connecticut, Illinois, Indiana, Kansas, Maryland, Michigan, Minnesota, Nebraska, Nevada, New Jersey, New York and Ohio have been or are
being challenged in the courts. In all but a very few cases judges have sided with
the women and ordered that existing practices be changed.
But an even worse storm is brewing. The U.S. Education Amendments of 1972
include an adjunct labeled Title IX. Title IX forhids sex discrimination in any
institutions using federal funds (the majority of schools in the country). A
young, brisk lawyer named Gwen Gregory, who works in the Ofl5ce for Civil
Rights of the Department of Health, Education and Welfare, is charged with
drawing up government guidelines for the implementation of Title IX. Gregory's
overwhelming concern at the present time is the sex di.scrimination in sport.
"We have been talking to individuals who are concerned about the problem,"
Gregory says. "Two approaches have been suggested. The fir.«;t is backed by the
more active women's groups. They feel we should push for straight equality.
That is, if a school plays football, then any girl who is interested should be permitted to try out for that team. Legally, of course, that is the easiest approach."
It is also the approach that would most please male coaches. If the fight is made
on the grounds of strict equality, it will give champions of the status quo a beau-

319
defensive opening. For example, an athletic director would open the football
to girls. When none or only an occasional girl came out for the team he
could then say, in all honesty, that he had done his best. So far as girls' soccer or
field hockey was concerned, he could argue that there was no need for such programs since girls had the same opportunity as boys to play football.
"Many people are opposed to this plan," says Lawyer Gregory. "Because there
seems to be a real difference in physical abilities between men and women,
equal mixed competition presents problems. The other approach calls for facilities and funds to be more or less equally divided between the sexes. If, for
instance, you have football for boys, then you should have soccer or field hockey,
say, for girls, and these teams should be given equal support.
"One of the big hangups in this is that 'separate but equal' is a dirty phrase to
anyone involved in civil rights. Realistically, separate but equal may be the best
answer in athletics." But, concludes Gregory, "there is no doubt about the need
for equality or the fact that it does not exist now."
The
Department's plan to deal with sex discrimination in sports probably will be completed in July. Then the Feds will be ready and apparently willing to go into action. "I presume," says Gregory, "we will proceed as we have in
other civil rights cases. That is, we will act on complaints submitted to us."
Which reduces the issue to the following dialogue
"You mean if there is a school where they spent $30,000 on boy's sports and
$500 on girls' sports and a girl or her parents don't like the situation, she can
tiful

team

HEW

complain to you?"
"Exactly."

"And where should the complaint be sent?"
"The address is: Director, Office for Civil

Rights,

Department of

HEW,

Washington, D.C. 20201."
"And then what might happen?"
"Based on past procedures we would first try to determine if the allegations
were substantially correct. If they were, we would initiate conversations with the
school involved. Often nothing more than this is necessary."
"But if talking did not produce any action, what would happen?"
"Our final recourse is to recommend that federal funds be withheld from the
institution until the discriminatory situation is cleared up."
"And this might happen in the case of a school that discriminated against
girls in athletes?"
"Oh, yes, of course."
The women's liberation movement has stirred up interest in athletic equality
even though the most active women's rightists have paid little attention to
sport. The most aggressive leaders of the movement have been more cerebral
than physical types. Robin Morgan, a poet, eidtor and former child actress
(Dagmar in the TV series Mama), is what is often called a radical feminist.
She was a founder of
(Women's International Terrorist Conspiracy from
Hell) and an organizer of the anti-Miss America demonstrations. "We were
slow getting into sports because many of us didn't know the field," says Morgan. "But now the movement is becoming active in this area. We've become conscious of the body. It is a woman's right to control her body, be it wanting an
abortion or wanting to strengthen it through sports."
Another far more conservative group, women physical education teachers, is
beginning to agitate, if in a very genteel way, for better girls' athletic programs.
In the past many members of this profession have been strongly opposed to
females taking part in competitive sports. Until a decade ago the Division for

WITCH

Girls' and Women's Sports, a National Education Association affiliate made
up of female physical educators, advised against interscholastic sports. Though
this bias has been abolished as an official policy, many older DGWS members
now teaching in schools remain cool toward out-of-gym-class games for girls.
"This profession is still dominated by women of my age group [fortyish],"
says an active leader in physical-education affairs who for obvious reasons wishes
to remain anonymous. "A good many of these people still are afraid of what
competition will do to girls. I think they also are afraid of what competition will
do to them. For years they have had easy jobs. They bring in the girls for a
class, let them spend 15 minutes putting on their gym suits, then spend 15 minutes with some ladylike archery or volleyball, and the last 15 minutes of the

period are devoted to taking a shower. Marks are given out on the basis of how
often a girl remembers to bring her gym suit and how well she showers.

320
"These women, who have been sitting on their fannies for years, know that if
teams are organized, they are going to be expected to coach them. They
are going to have to go out after school and compete for the girls' interest, compete against band, the dramatic club, boys and all the rest. Also, if they are
going to coach, they are going to have to teach the girls something. As coaches,
they themselves are going to be judged, because at the heart of competitive
sports there is the win-lose situation, how well you do. All of which terrifies
women who have not been challenged or challenged anybody in a long time.
Many of the older teachers are retiring and their places are being taken by
girls who have an interest in competitive sports and many even have been comgirls'

petitors themselves. Girls in their 20s now entering teaching are much more
aggressive. They enjoy the risks that go along with sports."
To give the devil his due, not all men are chauvinists when it comes to women's
athletics. Men who by accident or design have come to be coaches of women's
teams Ken Foreman in Washington, Harmon Brown in California, Doyle
Weaver in Texas, Ed Temple in Tennessee, Jack Griffin in Maryland and
many others are effective campaigners for improved girls' programs. Throughout the country there are a number of school administrators who believe that
improving girls' sports is desirable and necessary. One is James Bergene, principal of the 2,000-student C. M. Russell High School in Great Falls, Mont.
Bergene feels that his $15,000 girls' program needs to be upgraded. "If athletics
have a place in education, then they are as important for girls as boys," he says.
"If they have no general educational value, if they are just something for boys
and to entertain townspeople and alumni, then we should get rid of them. Any
principal who is willing to support a strong boys' athletic program and is content to have a weak girls' one has no business calling himself an educator."
Jack Manley, the athletic director at Catonsville (Md.) Community College,
holds similar notions: "We have eight girls' teams here and 10 for the men.
Except for that difference, we divide everything down the middle. Men and women
coaches are paid the same for the same sports. The girls get the same kind of
uniforms and equipment. They travel the same way that the men do and get the
same use of the same practice facilities. In fact, the biggest single expense we've
had since I've been here [1959] is the $3,400 we spent this February to send our
girls' volleyball team to Utah for the college championship. Some men on our
staff said I was crazy to spend that kind of money on girls. I told them it was
an honor for our girls to be good enough to play in the championship against
big schools. After all, the chances aren't very good that our men's teams will
ever compete against the likes of USC or Kansas."
Catonsville is one of an increasing number of small colleges experimenting
with intentionally mixed teams, i.e., squads which, by regulation, have so many
girls and so many boys. Its intercollegiate badminton and bowling teams are
organized in this way, and the tennis and golf squads soon may be. It is a relatively simple administrative maneuver that might do more to bring about sexual
equality in high school and college athletics than an army of lawyers. "Forget

—

that stuff about men and women playing against each other that wouldn't
be much of a game," says one fearless observer of the athletic scene. "Let's just
say you have men's and women's teams, and you score them together like the
Russians do in track meets. Take basketball as an example the NCAA championship. Instead of one game, you have a doubleheader, the UCLA men playing
the Memphis State men and the UCLA women against the Memphis women.
You add up the points from the two games and the college that has the highest
total wins the national championship, wins the big trophy, wins Coach of the
Year and all the rest. You can be sure that John Wooden and Gene Bartow are
going to have girls' teams and good ones. Those girls are going to get everything in the way of help that the boys do, maybe more. Do that down the line
and things are going to become equal quickly. Whether or not that would be
good for the Republic is something else again."
Given the climate of the times, the reexamination of the female role and the
apparent willingness of courts to back demands for better athletic opportunities
for girls, it appears that many of the policies of the past are due for a change.
The changes will affect not only the athletic system but society as well.
If substantially larger numbers of females take part in competitive athletics,
the quality of, interest in and status derived from this play will increase appreciably. Sports previously thought too "difficult" or "physical" for girls may be
opened to them. The demand for coaches and trainers, as well as for equipment
specifically designed for females, will increase. In time, women's sports will atall

;

—

321
tract greater public interest. The press will cover women's athletics more frequently and seriously. Sports heroines will be discovered. Women's professional
sports will become more popular, more lucrative and thus more attractive in career terms.
Any large increase in participation by girls and women will radically affect
boys' and men's sports. Resources allocated to male sports will be reduced, but
there are many who do not regard such a cutback as a disaster. Some of the extravagant features that have come to characterize and often corrupt men's
athletics will be cut away, too. Such enforced moderation may be in the best
interest of both sexes.
What will athletic equality mean for females? One can only guess. David Auxter, an iconoclastic educator, former collegiate football player and coach, says
"In America we use athletics extensively to teach, not fact so much as attitudes.
Above all, we value athletics because they are competitive. That is, they teach
that achievement and success are desirable, that they are worth disciplining
oneself for. By keeping girls out of sports, we have denied them this educational
experience. Our male-dominated society prefers females to be physically and
psychologically dependent. Denying them athletic opportunities has been a good
way of molding girls into the kind of humans we want them to be. Better athletic
programs will develop more aggressive females, women with confidence who
value personal achievement and have a strong sense of identity. I think that
would be a good thing for us all."
Ellen Cornish, the distance runner who was pulled off the track when it was
thought she might beat the boys in the high school dual meet, says, "Yes, I think
I am more aggressive than most girls and maybe more aggressive than a lot of
boys. I definitely think sports have helped to make me what I am, and I'm not
sorry about it. I have some strong ideas about what I want to be and I don't feel
that I have to fit into a role which other people assign me."
For most of the last seven years Cornish has devoted two or three hours a
day, seven days a week, in an effort to develop her talents as a runner. Now, at
18, she is in the process of "retiring" from track. Next fall she will enter college
as a pre-med student. Despite her years, she is a remarkably forceful, articulate
and thoughtful human.
"I love to run and decided I was going to become the best runner I could,"
Cornish says. "People may have thought I was freaky, but that hasn't bothered
me. What they want to think is their business and what I want to think and
be is mine. I don't want to offend anyone, to put them down, but I want to be
what I think is honest. I'd like to live my whole life that way. I probably won't
run much anymore, but I do want to be something exceptional. I know I'll have
to work at it and may have to live differently than most girls do, but now that
doesn't frighten me at all. If I had not spent the time in track, I think I would
have been frightened."
Certainly not the last words to be heard on the subject, but some persuasive
enough to make a good conclusion to any discussion of what participation in
sports may mean for girls and women, are those of Dr. Kathryn Clarenbach,
professor of political science at the University of Wisconsin "The overemphasis
on protecting girls from strain or injury, and underemphasis on developing skills
and experiencing teamwork, fits neatly into the pattern of the second sex. Girls
are the spectators and the cheerleaders. They organize the pep clubs, sell pompons, make cute, abbreviated costumes, strut a bit between halves and idolize
the current football hero. This is perfect preparation for the adult role of
women to stand decoratively on the sidelines of history and cheer on the men
who make the decisions. Women who have had the regular experience of performing before others, of learning to win and to lose, of cooperating in team
efforts, will be far less fearful of running for office, better able to take public
positions on issues in the face of public opposition. By working toward some
balance in the realm of physical activity, we may indeed begin to achieve a more
wholesome, democratic balance in all phases of our life."

—

[From

Giving

Ms., July 1973]

Women

a Sporting

Chance

(By Brenda Feigen Fasteau)
For the first few weeks of J^he season, two eight-year-old girls longingly
watched the practice sessions of a Montgomery, Alabama, boys' football team.

322

—

Finally, the coach broke down and let them play but just for one season. I
admire the stubbornness and audacity of these two little girls. I am also angry
and sad that the same obstacles face them that faced me 20 years ago when I

—

was

their age.

I wonder if they wish, as I once did, that they were boys. When
you're that
young, it's hard to see the value of being female because boys are permitted to
do almost everything girls do, but not vice versa. It is especially hard when you
love climbing trees and playing games, but are expected to play with dolls instead.
At about 13 years of age, it becomes even more painful, as boys, almost overnight, seem to grow stronger and bigger than girls. Although I was fairly good
at sports and was on the girls' varsity field hockey, basketball, Softball, and
tennis teams, I was never as good as the best boys. It was small consolation that
I was better at some sports
horseback riding and water-skiing. (Perhaps because these sports weren't as popular with boys. )
In athletics as we know them, the average man will probably beat the betterthan-average woman. Scientists chalk it up to testosterone and the retention of
nitrogen in men's muscles, which make them bigger and bulgier than women's.
Even if this is true, the unhappy fact is that sports have been designed for
men's rather than women's bodies which means the emphasis is on strength.
We have yet to see major promotion of sports utilizing women's unique flexibility
(because of our less bulgy muscles) and better balance (as a result of our lower
center of gravity). Gymnastics is the only vpidely practiced sport where women
can outperform their male counterparts especially on the balance team.
I still haven't fully accepted what it means to be smaller and weaker than most
men. From a practical point of view, it shouldn't matter but it always has
inhibited my activities in ways that make strength and sex matter a great deal.
For example, in college I learned to play squash. When I got to law school, I
discovered that women were banned from the university's squash courts. By
disguising myself as a man, I managed to invade the courts with a classmate
who is now my husband. We had fun, but I never beat him.
Still, as I remind myself, that may have been as much a matter of opportunity
as biology he's been able to play squash whenever he's wanted to and on courts
where I wasn't allowed because of my sex.
Exclusion of women in sports is a concrete and difficult problem. But most
young women never even reach the point of challenging their exclusion from
their college's athletic facilities or varsity teams. By that time, they have been
well conditioned to think of gyms as a drag— often doing dancing and exercises,
instead of conditioning their bodies boys, meanwhile, are encouraged to get
"into condition" to enjoy their athletic ability.
Then there are the subtle discouragements the unenlightened suspicion that
a woman's interest in athletics violates the docile female stereotype and indicates
lesbianism (remember the rumors about gym teachers?) the insinuation that if
she shows too much interest in sports she may not be able to catch a man
and the general scoffing at women's athletic achievements. One Chicago high
school teacher points to clearcut evidence of sex discrimination in sports. "In
the latest edition of the school paper, there were five articles on football and no
mention at all of the girls' tennis team which had won its last three matches."
I don't mean to suggest that sports should become for women what they have
been for many men a display of aggression, a proof of toughness, and a kind of
primitive communication that replaces emotional intimacy. Sweating, swearing,
and grunting together as they play, men manage to create a fellowship which
they find hard to sustain elsewhere. And sports provide men with yet another
vehicle to test domination and preeminence. ("Let the best man win.")
Women, however, often do communicate with each other in noncompetitive,
nonathletic situations they are generally better able to express emotion, and
seem to care less about beating each other into submission. Our self-images (unless we are professional athletes) aren't much affected by winning a tennis match.
While this may reveal something positive, it also unfortunately indicates that
women are conditioned not to take themselves seriously in sports.
Of course, the majority of men do not take the sportswoman seriously, either.
I notice that whenever I'm interested in playing tennis with a male partner, no
matter how well matched we might be, he invariably prefers to play against
another man no better than I. Partly, this reflects his fear of losing to a mere
woman. But in a deeper sense, playing with another man seems to reinforce his

—

;

323
own

competitive sense of masculinity. If he beats another man, he's somehow
of a man himself. If he beats me, it's irrelevant, predictable. Losing is a
blow to his ego whether it's to me or a man, but it's a diversion to play with me
the real contest is man-to-man combat.
However, there are encouraging signs that participation in sports is becoming important to women of all ages. Women are beginning to demand their rights
as athletes. In New Jersey, for instance, the State Division on Civil Rights found
probable cause in a case brought by a local National Organization for Women
chapter because girls were barred from the all-boy Little League team. Most
often, sex discrimination charges are filed when girls want to engage in a particular sport which a school offers only to boys. Lawsuits or the threat of legal
action have led many schools to accept girls on boys' teams, especially in noncontact sports.
One of the highest courts to rule on the issue of integrating high school teams
on the basis of sex is the U.S. Court of Appeals for the Sixth Circuit. In the ase
of Morris v. Michigan High School Athletic Association last January, that court
alErmed a lower court order that girls may not be prevented from participating
fully in interscholastic noncontact athletics. As a result of the desire of Cynthia
Morris and Emily Barrett to participate in interschola.stic tennis matches, many
high school girls have benefited. In addition, after this complaint was filed, the
Michigan Legislature enacted a law guaranteeing that all female pupils be permitted to participate in noncontact interscholastic athletic activities and to compete for a position on the boys' team even if a girls' team exists.
New York and New Mexico now also have new regulations which call for the
integration of the sexes in all noncontact sports wherever there is a high school
team for boys but not for girls. And lawyers of the American Civil Liberties
Union have caused at least five other states Connecticut, New Jersey, Indiana,
Minnesota, and Nebraska to integrate noncontact sports in their high schools.
As a result of litigation, female track stars in Connecticut and Minnesota have
made their way onto the men's teams. A young Minnesota woman is now on the
boys" skiing team of her high school another has joined the boys' tennis team

;

—

;

of hers.

The Indiana Supreme Court, responding favorably to a class action by a female
high school student wishing to play on the boys" golf team, held that the Indiana
High School Athletic Association rule against "mixed" participation in noncontact sports was a denial of equal protection under the 14th Amendment to the
United States Constitution. (Any institution receiving federal or state money
may be in violation of the equal protection clause of the 14th Amendment if it
discriminates against women students and coaches in athletic programs; sex
discrimination in schools which receive federal funds also violates the Education
Amendments of 1972 which recently became federal law. )
In New Jersey a high school sophomore successfully challenged a rule of the
state Interscholastic Athletic Association that prohibited high school women from
competing on varsity tennis teams. A pilot program has begun in New Jersey to
allow girls to compete with boys for positions on varsity teams and to encourage
schools to upgrade physical education programs for girls. Specifically, the ruling
makes clear that outstanding female athletes receive opportunities for training
and competition at their ability levels. Lawsuits have also been won in Louisiana
and Oklahoma.
In many of these cases there are no girls' teams, so it's easy to decide that
interested girls must be allowed to play with the boys. It is more difficult to resolve the question where a girls' team and a boys' team exist for the same sport.
If the highly talented girl athlete is encouraged to join the boys' team at the high
school level, why not at the college level? Or in the Olympics and other amateur
athletic competition? And if at the Olympics, why not in professional sports?
Unfortunately, no American woman would have made the Olympics if the team
had been integrated and if the same criteria for selection were applied to both
sexes. The very best men
the ones who enter the Olympic tryouts are still better than the very best women. And certainly at the professional level, women
in direct competition with top men would be in trouble in almost every sport.
It is debatable whether Billie Jean King, the Number One women tennis player
in the world, would even make the top 10 if male and femal professional tennis
players competed against each other.
At the profes-sional level, the jxiint is occasionally made that because women
aren't as good as men, the purse in women's tournaments is legitimately smaller.

—

324
This argument overlooks the fact that women pros, such as Ms. King in tennis,
just as large if not larger than the men they can't beat and that
such women regularly capture the headlines in sports columns.
In any high school or college, integrating teams on an "ability only" basis
could result in a new form of exclusion for women players. It would effectively
eliminate all opportunities for them to play in organized coached competition.
Obviously, therefore, school athletic training programs have to be developed
to balance the scales, and equal financial attention must be paid to both sexes.
To begin with the human resource, coaches of women's teams must be paid as
much as coaches of men's teams. A woman high school basketball coach recently
produced figures showing an allocation by the Syracuse Board of Education of
$98,000 for male .coaches and $200 for female coaches. Discrepancies between
women's and men's salaries may violate not only the 14th Amendment to the Consituation but virtually every piece of legislation in the area of sex discrimination

draw crowds

employment and education. Scholarships, too, must be equalized. The first and,
seems, the only university to establish an athletic scholarship for women is
the University of Chicago.
As for the students themselves, Minnesota and Utah lawsuits are asking that
equal resources money and personnel be devoted to physical education for girls
and boys. From the first grade through college, girls and boys should have gym
classes together with equal access to athletic facilities and instruction. Students,
regardless of sex, should be encouraged to perform to the best of their individual
in

—

ability.

Until puberty, there are insufficient height or strength differences between girls
to justify predominately female or male sports below the junior high
school level. Girls and boys from an early age should be taught judo or other
skills which convey a sense of their own individual strength and agility. If at
some point girls and boys prefer different sports, they can individually separate
themselves according to these preferences.
Until there is a relaxation of the external cultural pressure for males to prove
their masculinity, boys may well choose sports like football, wrestling, and boxing.
In any case, a girl wanting to play football should be permitted to try out for
the boys' team if an entire girls' team cannot be formed. Girls with the skills
to make the boys' team should have the opportunity to play. I am now arguing in
court for the right of a woman student at City College in New York to participate
in a men's basketball course because there is none offered for women.
That only noncontact sports are considered suitable for sex-integration is
nonsensical. As one proponent for the integration of contact sports puts it "If
we are worried about girls' breasts and internal organs, then give them chest
and belly protectors. We haven't spared out male football players any expense
in that department.
can't declare that because we think many or even most
girls cannot or will not play in certain sports that none may therefore be allowed
to." To match this myth about women's participation in contact sports, there is
also a long-standing controversy over the definition of "contact sports." (Baseball and basketball are considered contact sports. )
Because girls have not enjoyed the same physical and psychological opportunities as boys to develop athletically, I believe that resources must be made available for at least two interscholastic teams per sport one for girls and one for
boys. While sex-segregated teams may sound like the long-discredited separatebut-equal doctrine, it is through a process of careful elimination that this policy
emerges as the most viable. The four other alternatives listed below are simply
not equitable
1. A system involving ability-determined first- and second-string teams will
undoubtedly result in two mostly male teams and no greatly increased participation for females.
2. A first-string team that is sex-integrated to absorb top talent of both sexes
plus a second-string all-girl team would increase girls' participation but it runs
afoul of boys' rights by excluding them from the second team.
3. If the first-string team is based solely on ability and the second-string members are evenly divided, boys and girls, the system ends up favoring boys again
by assuring them representation on what amounts to one and one-half out of
two teams.
4. The quota solution requiring half boys and half girls presents both practical
and psychological problems intrateam ostracizing of the girls who dilute the

and boys

325
overall performance, and Interteam explotlation of the "weaker" sex members
of the opposing team.
So we're left with the separate-but-equal solution. While it may penalize the
outstanding female athlete who must play on girls' teams regardless of whether
she qualifies for the boys' team, it has the singular advantage of giving boys
and girls an equal opportunity to compete interscholastically. That is, in my
view, an adequate response to the argument that in sports, as in other areas,
women should be compensated for past discriminations. The contention that
women should be allowed to try out for men's teams, even if there are comparable
women's teams, is potentially unfair to the men who can't make the men's teams
but might make the women's teams. Elven more importantly, it cheats the women's
team which would lose its best athletes to the male squads, thus setting women's
sports back even farther.
"VMiere girls' sports are taken seriously at the high school and college level,
the results are striking. Thoughout Iowa, for instance, girls' basketball draws
the bigger crowds. The coaching is excellent, and the facilities and equipment
are first-rate. Because women's basketball is a matter of state pride, high school
and college women in Iowa eagerly try out without feeling the traditional stigma
and scorn so frequently associated with women's sports.
Marcia Federbush of Michigan suggests an Olympic-style system to solve the
inevitable imbalances of participation, resource allocation and si)ectator interest
the girls' varsity and the boys' varsity would together constitute the school's
varsity team. On the same day or evening both teams would play their counterparts from another school (alternating the game order since the second game is
inevitably the star attraction). At the end of the two games the point scores
would be totaled. If the boys' basketball squad won 75-70 and the girls' basketball team lost with a score of 60-80, the final school score would amount to a
15-point loss.
The girls' and boys' teams would travel together and use the same facilities.
They would enjoy equally skilled (and equally paid) coaching staffs, equal budgets, game schedules, uniforms, equipment, combined publicity attention, and a
:

shared spotlight.
Clearly, when interdependence leads to team success, the primary advantage
would be the shared commitment in two strong separate-but-equal teams.

327

BACKGROUND MATERIAL
project on the status

and education of

ufomen

STAFF:

Bernice Sandler,
Director
Margaret Dunkle,
Research Associate
France! ia Cleaves
Research Assistant

Vt^OMEN IN
FELLOVIfSHIP AND
TRAINING PROGRAMS
by

CYNTHIA

ATTWOOD

November 1972
report may be reproduced in whole or part without
permission, provided credit is given to the Project on the Status
and Education of Women of the Association of American

This

Colleges,

the

Exxon Education Foundation, and Cynthia

Attwood.

association of amejican colleges

'»i8 x street h

Washington, o c

328

ATTWOOD

CYNTHIA L.
spent the summer and fall of 1972 researching and
writing the following report, Ms. Attwood Is a member of the Minnesota Law
Review and will receive her Juris Doctor degree from the University of
Minnesota
University,

June 1973. Ms. Attwood, a 1969 honors graduate of Oakland
in the Graduate Fellowship Office of the University of

worked

1970-71. As a senior law student, she holds a Fellowship for
in
the Professions from the American Association of

Minnesota

American

Women

University

Women.

THE PROJECT ON THE STATUS AND EDUCATION OF WOMEN

of the

Association of American Colleges began operations in September of 1971. The
Project provides a clearinghouse of information concerning women in education

and works with

institutions, government agencies, other associations and
programs affecting women in higher education. In addition, the Project from
time to time sponsors short-term result-oriented studies or activities, such as this
report and the conference which followed it. The Project is funded by the
Carnegie Corporation of New York, the Danforth Foundation, and the Exxon
Education Foundation.

329

TABLE OF CONTENTS
Preface
I.

II.

Introduction

Survey Results

How Many Wonnen Receive Awards?
Women Likely to Receive Awards When They Apply?
Are Women Involved in the Selection Process?
C.
Principal Questions about Women in Fellowship Programs
A.
Why Do So Few Women Apply? Why Are So Few Nominated?
Is There a Shortage of "Qualified" Women?
1.
Are
"Qualified" Women Less Likely to Apply than Men?
2.
Does the Requirement of Full-Time Study Keep Women
3.

A.
B.

III.

Are

2
2

3
3

Out?
4.
5.

Do Age Requirements Keep Women Out?
Do Some Programs Inadvertently Discourage Women from
Applying?

Why Do Women Who Apply Have

Greater Success

Some

Programs Than in Others?
Are the Women Who Apply More Qualified Than the
1.
Men Who Apply?
2.

Does the Size of the Program and the Percentage of

Women

Applicants

Make

a Difference?

Are There Social Barriers That Lower Women's Participation?

How

Does the Selection Process Affect

Women As

Recipients?
IV.

Recommendations

Women
Women Who Apply
of Women Who Receive Awards
Women

for Increasing the Participation of

Increasing the

Number
Number

Recruiting Minority

Establish

1 1

Networks to Communicate the Names of Qualified
Female Applicants to Universities and Other Fellowship
14

Programs
V.

Summary.

Notes

III

330

PREFACE
The author wishes to thank the Exxon Education Foundation for its financial
support of this project.
This report could not have been completed without the aid of Judith Nies
McFadden, who served as a consultant to the report and the conference. Ms.
McFadden is also the former Director of the Fellowships and Foundations
Project of the Women's Equity Action League (WEAL).
In addition, the author wishes to thank Bernice Sandler, Margaret Dunkle,
and Francelia G leaves of the staff of the Project on the Status and Education of

Women

American Colleges for their generous assistance.
of Arvonne Eraser, Conference Chairperson and
the Women's Equity Action League, was greatly

at the Association of

The advice and counsel
National

President

appreciated.

The author is indebted to the many fellowship and training program sponsors
for their cooperation and support in making this report possible.
The author and the staff of the Project on the Status and Education of

Women

also wish to thank the American Association of University Women and
American Council on Education who co-sponsored the conference on
Women in Fellowship and Training Programs.
The opinions expressed in this report are those of the author and may not
represent the policy of the Association of American Colleges or the Exxon

the

Education Foundation.

331
I.

INTRODUCTION

At the time applied had completed the course work for a Ph.D. in mathematics;
had worked for AT&T in a very responsible position; was the first woman
professional to be employed by the Navy in communications analysis and had briefed
Admiral X during a military crisis; and
had published a number of papers in my
I

Yet during the personal interview was asked several questions about who was
see my division of responsibility
going to take care of the children, and how did
between husband, home and job.
field.

Taken from interview with a former
candidate for White House Fellows Program.

The thousands of graduate fellowships' and traineeships annually granted in
the United States are of great inriportance to both men and wonnen. As well as
providing financial aid, these programs provide opportunities to gain specialized
knowledge, to develop leadership skills, to make political contacts, and to
increase personal growth and awareness of developments In one's

own

field.

providing such "qualifications," fellowships and traineeships play a
critical role in the development of the country's most successful scholars,
professionals and leaders. They also represent a unique opportunity to break

Thus,

down many

of the biases which presently operate against

women

both higher

education and the job market.
In
order to learn more

about the pattern and effects of fellowship
competition on women, the Association of American Colleges undertook a
survey of fellowship programs. Beginning in June 1972, 68 different fellowship
programs sponsored by 28 government agencies, private organizations and
foundations were asked to provide data on the numbers and percentages of

women

applicants and women recipients, recruiting and selection procedures,
content of application forms, the number of women on selection boards, and
policies against sex discrimination. Programs were selected for study mainly on
the basis of size and national visibility.^ Some personal interviews were

conducted.

Additional

information

Fellowships and Foundations of the

was made available by the Project on
Women's Equity Action League (WEAL).

few program sponsors responded with the information requested.
programs replied that they had never compiled data on female
applicants. Among these were the Nieman Foundation and the Guggenheim
Foundation.
All

but

Several

332

II.

How Many Women

SURVEY RESULTS

Receive Awards?

In 1972-73 about 80 percent of the nation's most prestigious fellowships and
awards will go to men. In some of the most competitive programs, such as
Guggenheim Fellowships, White House Fellows and Nieman Fellows, well over
90 percent will be held by men. Only in a few fellowship programs, such as the
Graduate Fellowships in City Planning and Urban Studies (administered by the
Department of Housing and Urban Development) and the Woodrow Wilson
Dissertation Fellowships, have women comprised 30 percent or above of the

recipients.
In twelve of the forty programs which provided data on the number of
applicants, less than ten percent of the applicants were women. In all but eleven
programs, women represented less than 25 percent of the applicants. Programs in

humanities and social sciences generally had a higher level of female
applicants than programs in the natural sciences and educational administration.
In short, far fewer women than men apply or are nominated for fellowships.
the

Are

Women

The success

Likely to Receive

Awards When They Apply?

women who do

apply or are nominated varies widely. In about
28 percent of the programs, the percentage of women recipients was less than
the percentage of women applicants in the most recent year reported (usually
1971-72). A good example is the White House Fellows Program in which women
were ten percent of the applicants, but only six percent of the recipients. In
about 28 percent of the programs the percentage of women applicants closely
approximated the percentage of female recipients. In the remaining 45 percent
of the programs, the percentage of women recipients was significantly higher
than that of applicants. An interesting example of this phenomenon was found
in the Congressional Fellows Program (administered by the American Political
Science Association), which for several years had no women recipients. This year
15 of the 200 applicants were women: four of these women received
fellowships. Thus women were 7.5 percent of the applicants and 26.7 percent of
of

the recipients.
C.

Are

Women

Involved in the Selection Process?

Women seemed to play an insignificant part in the selection process, in the
programs we were able to study, many selection panels had no female members.
Most programs had less than 15 percent female selection board members. In only
four programs did women represent more than one-third of the selection
committee members, the highest (41 piercent) being the Ford Foundation's
Graduate Fellowships for Black Students.

333
III.

PRINCIPAL QUESTIONS ABOUT
IN

Why Do So Few Women Apply? Why

Are So Few Nominated?

There a Shortage of "Qualified"

WOMEN

FELLOWSHIP PROGRAMS

Women? The

question of eligible

women

applicants cannot be adequately discussed without looking at the general
educational situation of women. Although the percentage of women receiving
baccalaureate and post-baccalaureate degrees has increased slightly over the last

few years, the record of women in higher education is worse today than it was in
1930, when women were 47 percent of undergraduates, and 28 percent of
doctorates. In 1968, women made up 43.4 percent of those receiving B.A.
degrees, and 12.6 percent of those awarded doctorates.^ It is estimated that only
one of 300 women in the United States today who has the potential to earn a
Ph.D. does so, while one of every 30 men with that potential receives a Ph.D.^

Witnesses testifying before the U.S. House of Representatives Committee on
Education and Labor attributed the sharp decline in the percentage of women at
the highest levels of education to "the reality and fear of higher admission
standards," to the channeling of women into "women's fields," and to
discouraging encounters between female students and professors and admissions
officers.^

Moreover, the reasons for the generally low rate of application for fellowships
women may vary from program to program, and are in part related to the size

of the pool of eligibles. Women make up a very small percentage of scientists in
the United States (6.7 percent of Ph.D.'s in 1970), while the percentage of
women in the humanities and education is substantial (20.7 percent of Ph.D.'s in

1970). Therefore it is not surprising that fewer women apply for fellowships and
grants in the sciences than in the humanities. Across the board, the higher the
educational level, the fewer women there are. However, because of new federal
laws which prohibit discrimination
rapidly changing career patterns of
degrees is expected to increase.
2.

admission to graduate schools and the
the number of women with graduate

women,

Are "Qualified" Women Less Likely

women

the eligible population

Apply Than Men? The number

often greater than their participation rates in
For example, although women are 11.4 perceni: of the
is

fellowship programs.
Ph.D.'s in political science, until 1972 only four percent of the applicants for the
Congressional Fellows Program were women. And from 1968 to 1972 (1973

showed
the

jump in female recipients) women have averaged four percent of
The disparity of these figures is typical of many programs.

a large

awards.

Generally, a smaller percentage of
pool of eligibles would indicate.

One explanation
would be expected

women

women do not apply in as great numbers as
that a great deal of information concerning available

for the fact that
is

apply than their proportion of the

334
fellowship and grant funds

is spread informally throughout undergraduate and
graduate departments: since women are often outside of these informal channels
they may not receive word of the opportunities available. Other factors, such as
lack of encouragement or poor counseling, undoubtedly contribute to the

poor application rate.
Does the Requirement of Full-Time Study Keep Women Out? One of the

relatively
3.

most important factors, particularly in the area of graduate fellowships, is that
most fellowships and grants require the recipient to devote full time to his or her
studies. Because women in our society are for the most part the primary child
rearers, a large proportion of women pursuing graduate education must do so on
^
a part-time basis.
They are therefore ineligible for almost every form of
fellowship

and grant aid available.

Do Age Requirements Keep Women Out? Many highly
who postpone their education or who enter the workforce
4

child rearing responsibilities, also find themselves ineligible for

talented

women

late

because of

some

of the most

because they are past the maximum age requirement.
Women generally begin and complete their advanced education at a later age
than men. Therefore programs which require an applicant to be under thirty or
valuable fellowships

thirty-five years of age exclude a higher proportion of otherwise qualified female
candidates than male candidates.
5. Do Some Programs Inadvertently Discourage Women from Applying?
Although few programs officially exclude women applicants, some programs
may give the inadvertent impression that they are "male" enterprises. The
consistent use of the word "he" when referring to applicants in informational

brochures may give the reader the impression that women are not welcome as
applicants. Similarly, pictures of male recipients only, and questions about one's
wife (rather than one's spouse), particularly in programs which have traditionally
been overwhelmingly masculine, may have the unintended effect of discouraging
female applicants. In an announcement recently distributed at the Library of
Congress, the Woodrow Wilson International Center for Scholars described itself
work together on
as "a place where men of letters and men of public affairs
topics of mutual interest for brief or sustained periods of time." [Emphasis
.

added] Such phrases give the Impression, however unintended, that the program
is

male-oriented.

Why Do Women Who Apply Have

Greater Success in

Some Programs Than

Others?
^. Are the Women Who Apply More Qualified Than the Men Who Apply?
The data collected show that women applicants are less likely to receive awards
than male applicants in about 28 percent of the programs studied; women are
more likely to be successful than their male counterparts in 45 percent of the
programs. The fact that female applicants fare better than male applicants in

not as surprising as it might at first seem. Although fewer
attend college and graduate school, those women who do
pursue a higher education are highly motivated and often have better academic
records than their male counterparts. Women enter college with slightly higher

these programs

women

high

than

school

men

records

than

men.

Similarly

1965

sampling

graduate

335
degree-credit students showed that 68 percent of wonnen students, compared to
54 percent of men students, had B or better college averages.^ And at the

University

Chicago women's grade point averages

significantly higher than men's: 9.1 percent of the

are,

on the average,

women, compared with

6.8
percent of the men, had straight A averages; 24.9 percent of the women had Aaverages, while 20.1 percent of the men reported such averages; 32.2 percent of
the women had B+ averages compared with 31.6 percent of the men. And 41

men had grade averages of B or lower, compared with 30 percent
women. * As a group female Ph.D.'s have higher IQ's, higher G.P.A.'s, and

percent of the
of the

higher class rank than male Ph.D.'s.' Therefore it is not unlikely that female
fellowship applicants are more qualified than male applicants as a group.
Another factor which contributes to the high quality of female applicants is
that a more rigorous process of self-selection occurs among potential female
applicants than

among

education,

probable that they are

males. Given the obstacles which

women

face in higher
to put themselves
forward for programs or positions where the likelihood of success is small.
Therefore only those women with the most impeccable qualifications are likely
it

less likely

than

men

to apply to the "high risk" programs.
Another factor to be considered

is that in programs in which potential
possible that nominators put forward women
candidates who are significantly better qualified that the average male nominee.
The old adage, "a woman has to be twice as good as a man to succeed," may
well apply to the nomination process. Even in the non-nominating programs, the

recipients

must be nominated,

it is

informal advice to apply for a fellowship is likely to be directed to a
is clearly superior to available male candidates.
All of these factors

support the notion that

women

woman who

applicants are as a group

somewhat more likely to be more highly qualified than male applicants. It comes
as no surprise therefore that women applicants have a greater likelihood of
success than male applicants in some programs; indeed that is exactly what one
would expect. In contrast, it is difficult to explain why women are much less
likely to be recipients

than

men

almost one-third of the programs studied.

Does the Size of the Program and the Percentage of Women Applicants
Make a Difference? Two interesting conclusions can be drawn from the data
collected: 1) Women who apply to small programs are more likely to be
2.

women who apply to large programs; and 2) In programs with
very small and very large percentages of female applicants, women fare less well
than in programs where women make up 15 to 29 percent of the applicants.

successful than

the first point. It shows that, in six out of seven of the largest
represent a smaller percentage of the total recipients than they
of the total applicants.^" In three out of ten medium-sized programs women

Graph

illustrates

programs,

women

fare less well than

men, while

in ten of

the twelve smallest programs studied

women

constituted a larger percentage of the total recipients than of the total
applicants. The larger the program, the less successful women are, as a ratio of
recipients to applicants.
The reasons for women's relatively greater success in the smaller fellowship
programs are not clear. These programs are diverse: they aid students, scholars

and professionals in such fields as history, political science, anthropology, health,
physics, and educational administration, and are aimed at graduate students.

336
Graph

Success of Female Applicants by Program Size
(For Most Recent Year Reported)

Percentage of Female Recipients

• = More than 200
recipients
X = 65-200 recipients (total)

(total)

©= 0-64 recipients (total)
Explanation: All points above the diagonal line represent programs in which
tne percentage of female recipients was smaller than the percentage of female
applicants. All points below the diagonal line represent programs in which the
female
percentage of female recipients was greater than the percentage of
applicants.

337
postdoctoral researchers, and other professionals. In short they have nothing in
except their size. Why size should play a significant role in the success
of female applicants is open to speculation.

common

Graph 2 illustrates the second conclusion: that women fare less well in
programs where there is a very large or very small percentage of women
applicants than they do in programs with a medium number of women
applicants.

shows that there

a correlation

between the number of female

applicants and the success of female
applicants. In programs where women represent either a very large or a very
small proportion of the applicants, those applicants are less likely to receive
applicants

percentage

total

awards than their male counterparts. However,

up a medium percentage of applicants, women
men.

are

programs where

likely to

women make
succeed than

The reasons for this pattern in success rates are not altogether clear. Three of
the six programs with low female application rates and in which women fare less
well than men are in the natural sciences, while none of the five programs in

women exceed men are in the sciences. However, of the two science
programs in the category with medium female application rates, in one the
female acceptance rate is better than the male rate, while in the other the reverse
is true. No science program attracts more than 30
percent female applicants; so
it is difficult to draw conclusions from the data on science
programs in the first
two categories. However, it may be that in programs that attract very few female
which

applicants, particularly in the natural sciences, women applicants are
closely scrutinized than their male counterparts because of assumptions
women's ability to excel in what is conceived of as a man's field.

more
about

3. Are There Social Barriers That Lower Women's Participation? Graph 2
shows that more female applicants does not necessarily mean more female
recipients. In programs which attract a large proportion of women applicants,
women may suffer from a conscious or unconscious desire on the part of

number of female recipients. This desire might stem
from general attitudes on the part of both men and women that a "really
rigorous program" is more appropriate for men than for women, or that
fellowship aid for a woman is a bad risk.
The myth that a woman, even when highly qualified, is a bad risk, either for
employment or fellowship aid, is one that dies hard. There is substantial
selection panels to limit the

evidence, however, that such myths adversely affect women throughout their
educational careers and employment. For example, there have been recent
studies
which demonstrate that female undergraduates, although their
qualifications are on average better than those of male undergraduates and their
financial need is equivalent, have greater difficulty in obtaining financial aid, and
must therefore rely more heavily on loans than male students.' ' There is some

indication that this pattern may continue on the graduate level. For example,
in a study of the career profiles of women doctorates,'^ noted that

Astin

women were less likely to receive aid from the government or their institutions,
and were therefore more likely to rely on their own savings or support from
their families and/or spouses.

338
Graph 2
Success of Female Applicants by Percentage of Female Applicants
(For Most Recent Year Reported)

Percentage of Female Recipients
= Female Applicants represent 30-100 percent of Total Applicants
Fennale Applicants represent 15-29 percent of Total Applicants
©= Female Applicants represent 0-14 percent of Total Applicants
•

Explanation: All points above the diagonal line represent programs in which
the percentage of female recipients was smaller than the percentage of female
applicants. All points below the diagonal line represent programs in which the
percentage of female recipients was greater than the percentage of female
applicants.

339
Table

13
Sources of Stipend Support for Doctorates of 1950-1960
(In Percentages)

Source

340
were women, while only 5.9 percent in 1972 were women. Without greater
knowledge of the mechanics of the final selection process it is difficult to
speculate why the percentage of female recipients was below that of the finalists.
However, a similar analysis of
information about the
fellowship reject.

all

multi-level selection processes

real distance

between being

might yield vital
and a

a "qualified applicant"

341

RECOMMENDATIONS* FOR INCREASING THE
PARTICIPATION OF WOMEN

IV.

Any

increase in

tlie

number

women

participants in fellowship, traineeship,

and internship programs is limited by the size of the pool of eligible women.
However, that pool is increasing yearly, as more women seek graduate
educations and enter professional fields. Even within the present constraints
much can be done to ensure that more qualified women apply for and receive
awards.
A.

Increasing the

Women

need to

Those people
to

Number

in a

Women Who Apply

know about fellowships and that they are welcome to apply.
position to nominate and/or inform future participants need

know
1.

that the fellowship policy is one which encourages women.
Develop an Affirmative Action Plan to Increase the Participation of

A number

Women.

Educational

non-profit

organizations

(such

the

Management and the White House Fellows) have

Institute

hired

women

consultants or designated one person to act as recruiter for women applicants.
Having such a person helps ensure that policies and practices are evaluated,
initiated or changed if necessary.
2.

Redesign Informational and Promotional Materials so that they encourage

the nomination and promotion of women applicants. For example, references to
candidates and program participants should be changed from "he" to "he or
she." This seemingly minor change makes it clear to potential applicants and
others that both female and male applicants are welcomed. Pictures and stories
about women recipients, statements of nondiscriminatory policy (including

statements about the program's interest in recruiting women) are also likely to
be helpful. Serious consideration should be given to the inclusion on all
informational materials of a positive statement, such as 'Women and minorities
(including minority
3.

women)

are encouraged to apply.

Generate Greater Publicity about the Fellowship Program Where Women
to Learn about It For example, announcements of the program, and

Are Likely

the interest of the program in recruiting women could appear in the newsletters
of the professional women's caucuses and organizations, as well as in other
women's newsletters and journals. Letters of recruitment that are routinely
circulated among professors and government officials should also specifically be

sent to

women

professionals and leaders. In

some

instances, notices in

alumnae

reminded that these recommendations are those of the writer and do not
American Colleges or the Exxon Education
Foundation. The recommendations and elaborations in italics were added as a result of the

*The reader

necessarily reflect the view of the Association of

conference.

342
and alumni magazines and campus newspapers might also be appropriate. Special
efforts should be made to publicize the program and recruit women on campuses
which are predominantly female or which have a significant number of women
(It should not be underestimated how difficult it is going to be to
change the image of some programs. At a recent meeting of a professional
women's association, the announcement that one national fellowship program
was sincerely seeking women was greeted with cynical laughter and disbelief.)

students.

4. Specifically Call Attention to the Program's Interest in Women. Contacts
with traditional sources of applications, e.g. university department heads, deans

and presidents, need to specify that the program is actively interested in seeking
women. The American Council on Education dramatically increased the number
of female lay participants from six percent in 1972 to 23 percent in 1973 by
asking potential nominators by letter "to respond to the special need for
nominations of qualified women and minority group members." Program
sponsors can also place announcements in educational and professional journals,
as well as in the general press, about the program's interest in recruiting women
applicants. (The White House Fellowships Program has recently done this with

good

results.)

Provide for More Flexible Requirements. Because many women hit their
men, low age limits have a disproportionate effect in excluding
women. Many women otherwise qualified are ineligible to apply for fellowships
because of the maximum age requirements. In addition, there should be no
5.

stride later than

regulations

forbidding

married

couples

from

both

receiving

fellowships

simultaneously.
6. Allow
for Part-Time Use of Awards.
Many women have family
commitments that may force them to complete their education on a part-time
basis.
The requirement that fellowship recipients work full time has a
disproportionate effect in excluding women. Allowing women to spread a one
year award over a two year perioo would lend much needed flexibility to such
programs. (At least two sponsors have experimented with part-time grants. The
Woodrow Wilson National Fellowship Foundation some years ago allowed a
small number of Fellows to use their one year awards over a two year period, in
order to attend graduate school part time. The National Science Foundation in
1970 allowed universities the option to use new or continuation traineeships for
several part-tinrie students. One university utilized two traineeships to support
five part-time trainees, all of whom were women.) Sponsors should give

consideration to formulating similar part-time plans.

Increasing the

Number

Women Who

Receive Awards

1. Develop an Official Policy Forbidding Discrimination on the Basis of Sex.
The policy should be communicated to nominators and to those persons
involved in the selection process. (Many programs already forbid discrimination

on the
2.

basis of race, color, national origin

Increase the

Number of Women on

religion.)

and Throughout the
no evidence that greater numbers of women in the
produce favoritism toward women candidates. However,

Selection Process. There
selection process will

and

Selection Boards

343

women on the selection boards will improve the image of receptivity to women
candidates, and would enlarge the circle of women professionals who know
about the program. Programs might well use the resources and rosters of
women's caucuses and organizations

find qualified

women

serve

selection committees.

Review Selection Procedures and Policies. An increase in the proportion of
applicants will not result in more women recipients if there is bias
against women at the selection level. Such bias does not often take obvious
forms, but may be couched in unverified assumptions that application reviewers
3.

women

inadvertently make about women. One staff member of a major fellowship
program reported that there had been times when a woman was ranked lower on
the list of potential recipients because of the assumption that, as she was
married, her husband could support her, and that therefore her need for a
fellowship was not great. Similarly, a single or divorced woman may be turned
down because it is assumed that she will marry and quit professional work.
Questions about what a woman will do with her young children, or how her
husband will feel if she has to travel in order to take advantage of her grant, are
rarely asked of male applicants. In any event, they are irrelevant for judging
qualifications. Although it is difficult to pinpoint these assumptions and
attitudes, program sponsors should nevertheless make
committee members that such attitudes about women

clear to their selection

general should play no

part in the selection of individuals.
4.

Compliance with the New Federal Law. Many federal programs allow local
and colleges to select federal fellowship and traineeship recipients.

universities

Such programs now have a new tool to ensure that institutions of higher
education do not discriminate on the basis of sex. Although federal agencies
have previously informed institutions that they cannot discriminate on the basis
of race, color or national origin under the provisions of Title VI of the Civil
Rights Act of 1964, participating institutions have not been requested to choose
^
Title IX of the Education Amendments Act
recipients without regard to sex.'
of 1972 (Higher Education Act), effective July 1, 1972, provides:

the United States shall, on the basis of sex, be excluded from
be denied the benefits of, or be subjected to discrimination under
any education program or activity receiving Federal financial assistance.
in

person

participation

in,

Thus no college or university which receives any form of federal financial
assistance may discriminate on the basis of sex in any of the public or privately
sponsored fellowship programs in which it is involved. In order to be in
compliance with the law, the institution may not discriminate on the basis of sex
in

the

process of nominating or recommending candidates. Sponsors of all
and other awards programs which rely on such input can aid

fellowship

institutions in the administration of the

of their

new

nomination process by informing them

responsibility under the law.

5.
Dependency Allowances should be reviewed
awarded to women and men on an unequal basis.

Recruiting Minority

to determine if they are

Women

Recruiting for women should in
Programs for minorities and for

no way diminish

women

efforts to recruit minorities.

need to pay special attention to
13

344
minority women. Staff and selection committee members need to keep in mind
that "minority" does not mean minority males only, and that "women" does

women

only.

Networks

not mean white
D.

Establish

Communicate the Names of

Qualified

Female

Applicants to Universities and Other Fellowship Programs

Few fellowship programs can ever award fellowships to all qualified
candidates. In addition, fellowship sponsors often get applications from highly
qualified candidates who ought to get funding from someone but who for some
reason or other do not fit within the scope of the program applied to. A method
of transmitting the names of such people to interested organizations might be
devised. For many years The Ford Foundation employed such a procedure with
its
applicants for graduate fellowships for minority students. Ford would
annually send a list of the names, addresses, and educational affiliations of all
minority applicants to all major graduate schools throughout the country. Many

graduate schools would then use this list to recruit minority graduate students.
A system similar to the one employed by The Ford Foundation could beset

up for women applicants for fellowship aid. Fellowship sponsors could prepare
lists and distribute them to other interested fellowship sponsors and universities.
In this way more women will be put in touch with appropriate sources of
fellowship aid.

345
V.
There

little

SUMMARY

doubt that the participation of

women

fellowship programs

needs to be increased. Such fellowships, traineeships, and internships play a large
and
part in the process of educating the best American scholars, professionals,
business and government leaders. Until women achieve a higher participation
rate in these programs, many qualified women will lack one of the more
important credentials necessary for career upward mobility. They will always be
less "qualified." The participation of women in fellowship and award programs
may be coming to a test because several of the largest federal programs have
been suspended, or are being phased out. As this process continues, more and
more qualified students and scholars will be turning to private sources of
as
funding. Whether or not women achieve parity with their male colleagues
such aid far
recipients of fellowship aid in a period where the demand for
exceeds the supply, is dependent in large part on whether fellowship sponsors
determine that funding female students and professionals is an important goal.

346

NOTES
*This report uses "fellowship" as an umbrella term to include leadership training
programs, fellowships, grants, internships. While not precise there is no one term which
accurately conveys the full range of these programs.

^The programs surveyed

are listed in

Appendix A. For

a table of the results see

Appendix

Murray,

P.,

Inequality Based on Sex:
Vol. 5, No. 2, 1971, p. 255.

"Economic and Educational

Valparaiso University

Law Review,

Overview,"

"^Ibid, p. 257, n. 66.
^Ibid.

^Astin,

Helen,

Foundation, 1969,

The
p.

Woman

Doctorate

America,

Hartford,

The

Russell

Sage

33.

^Hearings before the Special Subcommittee on Education of the Committee on
Education and Labor, House of Representatives, on Section 805 of H.R. 16098, 91st Cong.,

Sess., p. 642-3.

Hearings, Ibid., p. 247.
'

Hearings, Ibid., p. 249.

graph based on the size of program by total number of applicants yielded similar

results.

Haven, Elizabeth W. and Horch, Dwight H., How Students Finance Their Education: A
National Survey of the Educational Interests, Aspirations, and Finances of College
Sophomores in 1969-70, New York College Entrance Examination Board, January, 1972,
abstract printed in 118 Cong. Rec. S2699 (daily ed., February 28, 1972).
'

ed..

Astin, Helen, "Career Profiles of

'^Astm,/6/d,
'

Doctorates," from Rossi and Calderwood,
Russell Sage Foundation, p. 7-32.

p. 7-33.

Astin, Helen, The

The reader
on the

Women

Academic Women on the Move, to be published by

Woman

Doctorate in America, op.

cit., p.

58.

reminded that minority women are also protected from discrimination
by Title VI of the 1964 Civil Rights Act.

basis of their race

347

Women

and American Higher Education
By Pamkla Roby

Abstract: This article traces the history of the development of higher educational opportunities for women in the
United States. The first part shows that the development of
higher education for women has been closely related to the
economy's need for female workers with particular skills and
to the financial needs of colleges and universities.
Secondly,
it documents that neither the difference between the educational resources offered to men and women, nor the gap between the income going to men and women with the same level
of educational attainment, has been significantly reduced.
The second half of the article illustrates how institutions of
higher education have generally been characterized by the
competitive, egotistical, and entrepreneurial culture to which
men have been socialized. It then portrays an alternative
culture, a culture of cooperation, community, and creativity.

The history of women's higher education sketched in this
paper suggests that neither educational equality for women
nor a cooperative hybrid model of social relations is likely
to be realized within the present economic structure.
Persons
who want academia or any other sphere of life to be characterized by coop>erative, egalitarian social relations need to
actively concern themselves with questions regarding the
nature of the economy and its influence on every aspect of

human

life

and

social relations within our society.

Pamela Roby, Ph.D., Cambridge, Massachusetts, is Assistant Professor in the Department of Sociology and The Florence Heller School for Advanced Studies in Social
Welfare, Brandeis University. She is coauthor of The Future of Inequality {1970)
and editor of Child Care Who Cares? Foreign and Domestic Infant and Early
Childhood Development Policies (in press). She has served as a consultant for the
National Manpower Policy Task Force, the 1970 White House Conference on Children,
and the New England Regional Ofice of Economic Opportunity and has spoken widely on
Dr. Roby is currently completing a book on the political
issues of concern to women.
and economic history of New York State prostitution laws and is beginning a study of

—

the impact of social policies on

women

working

class jobs

and

their families.

The
David

author wishes to thank James P. Mulherin for his helpful criticisms and suggestions;
and Cynthia
Austin for bringing several useful historical documents to her attention
;

F. Epstein, Joan Huber, and

Reprinted from

The Annals

Mary Stevenson
of the

for their cntical reading of the manuscript.

Political and Social Science,
(November 1972), pp. 118-139

American Academy of

Philadelphia, Vol. 404

Printed in U. S. A.

348
of

opportunity

EQUALITY
most frequent

ideological

the

justifi-

cation given for inequality of conditions
In America, the
in capitalist societies.
assertion that equal opportunity exists
for all is generally defended on the

grounds that education

open

to all.

When

educational inequalities are recthat they are
it
is assumed
being rapidly eliminated by the plethora

ognized,

American

demonstration

projects,

legislative actions, administrative guidelines,

and court rulings aimed at assur-

ing equal educational opportunity.
The history of higher education

women

support these comfortable assumptions.^
Rather, the available historical evidence
suggests that:
inequality between the educational
resources offered to men and women
1.

the

relatively

number

small

higher-level degrees granted to women
over the last hundred years, although

earned through completion of the same
examinations and other institutional re-

quirements as those earned by men,
have had less economic value in terms
of income and other occupational benefits than degrees granted to men; furthermore, over the last two decades,
as an increasing proportion of bachelor's

for

the United States does not

has not been significantly reduced and
may have grown over the last century;

degrees have been granted to
the gap between the economic

women,

rewards to men and women who have
completed the degree and have entered
the labor force has grown;
3. the initial admittance of women to
degree granting course work and the
acceptance of increased numbers of

women

in institutions of higher educahave been closely related to the
economy's need for women workers with
particular skills and to institutions'
financial need for students; when these
economic needs have declined, women
have quickly been discouraged in more
or less subtle ways from enrolling in

tion

I.
Elsewhere I have questioned whether
education is an effective means of redistributing resources in the United States and have

examined structural and internalized barriers
to

women

higher education.

Compare

Pamela Roby, "Education and

Miller and

The Limits

Redistribution:

Strategy,"

Integrated Education 6, no. S (September
Miller and Pamela Roby, The
1968); S.
Basic
Future of Inequality (New York:
Pamela Roby, "Women in
Books, 1970)
Higher Education: Structural and Internalized

;

Obstacles," in Constantina Safilios-Rothschild,
ed.. Toward a Sociology of Women (Lexingand Pamela
ton, Mass.: Ginn-Blaisdell, 1972)
;

Roby, "Institutional Barriers to Women Students in Higher Education," in Alice Ro.ssi and
.\nne Calderwood, eds., Academic Women on
the Move (New York: Russell Sage FoundaAlso see Bowles's and
tion, forthcoming).
Greer's analyses of how American public education has failed to reduce inequality and to

promote immigrants in .\merican society. SamBowles, "Unequal Education and the Re-

uel

production
Labor," in
Reich,

the

Richard

and Thomas

Capitalist

System

Prentice-Hali,

Hierarchical

C.
E.

Division

Edwards,

Michael

Weisskopf, eds

(Englewood

Cliffs,

The
N.J.:

1972); Colin Greer, The Great

School Legend: A
of American Public
Basic Books, 1972).

Revisionist

Education

Interpretation

(New York:

and/or

fulfilling

degree requirements of

institutions of higher education;
4. institutions
of higher education

which have enrolled and granted degrees to women have not and do not
function
rather,

with

pluralistic

few

manner,

exceptions,

but
force

women
to

students and faculty members
either adopt a competitive, egocen-

tric,

entrepreneurial, and stereotypically

masculine culture and its norms which
mesh with needs of the larger economy,
or to leave the institutions;
5. the categorization and subsequent
separation of women, blacks, and other
minority groups and the less educated

from men, elite whites, a-id the more
educated buttres.ses the economy's unequal distribution of income and other
rewards by providing an objective al-

—

349
many would

though

argue

illogical

—

basis for the distribution of resources

and by tending
fewer

bar groups receiving

and opportunities from

benel'its

communication
niore.

with those receiving
that the less well-off are un-

likely to have e\ idence to show or to
even know that they are receiving
an unequal share;''
6. because
educathe
inequitable
tional and occupational treatment of

women

the

buttresses
distribution

equal

economy
resources

manner described above,

this

and women's eduSuch

would be

fairly simple at
our study since, on the
one hand, over the last several decades,
both social .scientists and educators

rejection

this

stage

have treate<l education narrowly, devoting little time to studying the interconnections between education and the
or

economy
on

any other

institution,

and

un-

the

cational structures

inequita-

space, sup-

port for these assertions which suggest

an interrelationship between our economic and educational systems can be
Fursketched only impressionistically.
thermore, the assertions are confined to
the U.S. economy and educational system. The educational systems of other
capitalist nations vary greatly, and both

since,

the

other

hand, the actual
relationship between economic and edu-

ble treatment is unlikely to be rectified
before general economic inequalities are
elinnnated or greatly reduced.

Given the limitations

tween the econom\

cation as economic <leterminism.

is most likely much
and more complex than simple
theories of economic determinism would

subtler

suggest.^

Women's Higher Education: The
Last Two Hundred Years

Two hundred years ago, during the
Revolutionary War, Judith Murray, the
daughter of a prosperous Massachusetts
merchant and sea captain, wrote:
Is

upon mature consideration we adopt

the idea that nature
tributions?

partial in her disa fact that she

indeed

and economic systems
of many so-called socialist nations have
In
characteristics similar to our own.
addition, to say that education and the

hath yielded to one half the human species
so unquestionable a mental superiority?
May we not trace the source [of this

not to say
that the nature of our educational sys-

perior to women] in the difference of education and continued advantages?
[Is]

the educational

economy
tem

are interrelated

unrelated to political, religious,
or familial institutions. Nor do I wish
to imply that women's own pressure to
change educational institutions has been

intellectually

su-

detotally ignored, but rather that, as

scribed below,

responded
the

judgment that men are

economy

has been most often
it has met needs of

when
or

institutions

higher

some may

reject the
suggestion that a relationship exists be-

education.

Still,

A
2. Compare Pamela Roby, "Inequality:
Trend Analysis," The Annals 38S (September 1969), pp. 110-17.
3. Compare Jo!in Kenneth Galbraith, Edwin Kuh, and Lester C. Thurow, "The Galbraith Plan to Promote Minorities," Sew
Vork Times Magazine, August 12, 1971.

The interconnections between

omy and

the econ-

Rovernment have been shown
by Kolko and others to be both very real and
The relationship between the
very complex.
economy and education one would assume is
no less complex.
Gabriel Kolko, Triumph
of Conservatism (Chicago: Quadrangle Books,
1963).
Compare Martin J. Sklar, "Woodrow
Wilson and the Political Economy of Modern
the

United States Liberalism,"

James Weinstein
For a \ew America:
Essays in History and Politics (New
York: Random House, 1970); Frances Fox
Piven and Richard Cloward, Regulating the
Poor: The Functions of Public Welfare (New
York: Random House, 1971)
Anthony M.
Piatt, The Child Savers. The Invention of
and David W. Eakins,

eds.,

;

Delinquency (Chicago:
cago Press, 1969)

University

Chi-

350
reasonable, that a candidate for immortality, for the joys of heaven, an in-

right to vote, no legal entity,
needed no formal education."

should at present be
being,
degraded, as to be allowed no other
ideas, than those which are suggested by
the mechanism of a pudding, or the sewing

Water power, women's seminaries, and
normal schools

telligent

of the

women

seams of a garment?

Despite the vociferous voices of sevmale and female advocates of female education, seminaries for women
eral

During colonial times and decades to
women, as .Murray protested in
the quote above, were considered intelto
men.
lectually inferior
Colleges

were opened for only the well-to-do few
during the fifty years following Amer-

established in the colonies prior to the

Then

follow,

—

War Harvard (1636),
Mary (1693), Yale

Revolutionary
William
and

(1701), Princeton
nia

(1749),

were limited
white

(1746), Pennsylva-

and Columbia
to

(1754)—

gentlemen, the sons of
Protestant
elite

Anglo-Saxon

property holders, many of whom had
been educated at Cambridge or Oxford.
The colonies' college graduates often

played active roles in colonial governments.
Over half of Harvard's early

became ministers; others
graduates
entered law and teaching, then a man's
profession.

The sons and daughters

of most colo-

ica's

Declaration
the

Independence.

economy underwent a

the

possible

power

.^pin

of water
1814 the

harnessing
In

cotton.

first power-driven loom was set up in
Waltham, Massachusetts, and operated
by Deborah Skinner.' Since most men
were fully employed when the looms

were invented, hundreds of women were
encouraged to and did join Skinner as
wage earners working fourteen-hour
days in the young textile industry in
1831, 80 percent of the workers in
Massachusetts textile mills were women.
Women were also increasingly sought

—

institu-

as teachers for the burgeoning

tionalized education to carry out their

schools, which radical working
as a means to guarantee social

families

nial

did not need an

signifi-

cant change. A surge in industrial production outside the home was made

common
men saw

learned from their mothers the skills of

and economic equality * and employers viewed
as a means to achieve a disciplined,

caring for a home; spinning; weaving;

loyal labor force."

adult

roles.

by helping

making

Boys
their

learned

fathers

farming

farm.

Girls

lace, quilts, clothes, shoes,

and

planting and tending crops;
and caring for children and the sick.
candles;

Daughters of the well-to-do learned
from their mothers how to supervise
servants and embroider, and from both
parents

how to
how

casionally

1969), pp. 40-41.
7
8.

Flexner, Century of Struggle, p. 17.
Compare Murray Milner, Jr The Illu,

Effect of Education on
Inequality and Social Conflict

The

read the Bible and oc-

Opportunitv.
(San Francisco:

Jossey-Bass,

and R. Welter, Popular Education and Democratic Thought in America (New York: Co-

write.

Having,

to property,

Judith Murray's essay was not published
until 1790, and then under her pen name,
Constantia.
Constantia, "The Equality of
5.

Sexes,"

women was

sion of Equality:

most colonies, no right

the

Hiring

Compare Leo Kanowitz, Women and the
Law: The Unfinished Revolution (.MIjuquerque: I'niversity of New Mexico Press,
6.

Massachusetts

Magazine

(

March

1790), pp. 132-33, quoted in Eleanor Flexner.
Century of Struggle (Cambridge, Mass.: Har-

vard University Press, 1959),

16.

1972),

25;

lumbia llniversity Press, 1962).
9
For example, in 1841, H. Bartlett, a
Lowell manufacturer who supervised four
hundred to nine hundred person.s vearly,
wrote, "I have never considered mere knowledge ... as the only advantage derived from
a pood Common School education ... in
times of agitation, on account of some change

351
a

way

logical

meet

the

need

for

teachers not only because they had be-

come accustomed to teaching their own
and often neighbors" young children
and because men were not available for
the jobs, but because taxpayers wanted
to pay the cheapest possible wages.
Female teachers earned one-fourth to

one-half the salary paid to men.'"
By
1850. two million school age children
required two hundred thousand teachers,

90 percent of

nearly

women."

Thus

which was

to long

whom

were

pattern was begun
characterize Amer-

ican labor force practices: women were
hired to fill a new job when men were

not available, and the job soon became
too low-paying even for men who

needed work to be able to take it.
Once thousands of women were hired
as operatives and teachers, "women's
place" could no longer be said to be
confined solely to the home, and their
need for formal education to equip them
for their new duties was harder to deny.

However, teaching, like factory work,
was seen as a prelude to marriage rather
than a life-long career for women.
After

marriage,

needed women

the

economy

perform myriad

most
ta.sks

Each day
they "produced and groomed" the next

evening they physically revived the nation's "productive" workers so that the
following morning they could return to
their jobs ready for a good day's work.
As wives, they also soothed husbands'
feelings brutalized by the increasingly
alienated and regulated situation in
which the\- had to labor each day- a

task

which,

pointed

out,

Jessie

supported

Bernard has
and supports

the status quo of industrial society

draining off energy and hatred which
might otherwise be turned against the
society as revolutionary anger.'''
Some two-year women's .seminaries

were created specifically in response to
the need for teachers: others, founded
were begun in response to
earlier,
wealthy fathers' desires that their daughters reflect well on themselves and have
the grace and .social talents required to
attract proper husbands. In both cases,
the seminaries'

teacher education pro-

grams reflected the belief that women
would teach only a few years and then
turn to their second, primary economic
For example,
role of wife and mother.
the founders of Troy Female Seminary,
established in 1825 and said by some
to

mark

the beginning of higher educawomen in the United States,

within the nuclear family.

tion

generation of workers, a task covering
Each
most of their married lives.'-

viewed the "first object and mission''
of the .seminary as "teaching the broad
sphere of women's duties and accom-

in rcRUiations or

wages,

have always looked

most intelligent, best educated and
most moral for support.
[They are]
more orderly and respectful in their deportment, and more ready to comply with the
wholesome and necessary regulations of the
"
establishment
H. Bartlett quoted in Michael B. Katz, The Irony of Early School
Reform: Educational Innovation in MidNineteenth Century Massachusetts (Boston;
Beacon Press, 1970), p. 88
10. Compare Thomas Woody, A History of
Women's Education in the United States
(1966; reprint ed New York: Octagon Books,
to

the

11.
1?.

pp. 460-70, 483-505.

Ibid., p.

Joan

Humanizing

plishments";

training

teachers

was a

.secondary purpose.'^

1929), vol.

for

236

Mandle, "Women's Liberation:
Rather than Polarizing," The

.Annai.s 397 (September 1971), p. 125.

Elizabeth

pare

Woman's Work

Baker,

(.\'cw

versity Press, 1964)

;

Technology

Comand

York: Columbia Uni-

Edith Abbott,

Women

Industry: A Study in American Economic
History (1910; reprint ed.. New York; Arno,
and Marilyn Power Goldberg, "The
1969)
Economic Exploitation of Women," in Richard
Edwards, Michael Reich, and Thomas Weiss;

kopf, eds.. The Capitalist System (Englcwood
Prentice-Hall, 1972).
Cliffs,
13. Jessie Bernard, Women and the Public

;

(New York: Aldine. 1971), p. 89
Woody, History of Women's Educa-

Interest
14.

tion, vol.

pp. 344-46; vol.

pp. 192-93.

352
In

the

and

1820s

during the
New York,
Connecticut, and Massachusetts argued
that the seminaries were not providing
late

1830s, state commissions in

and that a distinct
was needed to qualify per-

teachers

enough

institution

1839

sons

for

first

state-supported normal training
was established in Lexington.

school

this

purpose.

the

educational

York),

women's

six

institutions,

—

Oxford Female
colleges
nois Conference Female,

(Ohio),

Illi-

Ingham (New

Mary Sharp (Tennessee), ElVassar offered women a

—

and

mira,

chance

work

toward

bachelor's

degrees.'"

Despite political pressures and promother institutions of higher educa-

ises,

women

was exclusively for
opened over the following decade in Massachusetts, Pennsylvania, Connecticut, Michigan, Maine,
and New York, were for both sexes.
Although far beneath the standards of
Harvard, Yale, and other men's colleges, their course of study was rigor-

do so during or immediately followthe war.
At the University of
Wisconsin, for example, coeducation
was debated during the fifties and a

ous,

Regents' report declared:

Massachusetts.

women, but

others,

including composition;

and

tual,

moral

geometry:

natural,

intellec-

philosophy;

natural

physiology;

algebra;

botany;
political
economy;
bookkeeping; vocal music; and the art

history;

of teaching.'^

The

Civil

War and women's

admission

refused

tion

toward

bachelor's

degree programs

At only ten institutions could women,
men, obtain a full four-year course
leading to an A.B. degree prior to 1861
and the Civil War. In 1837, two hundred and one years after Harvard
opened

doors to men, four

its

women

The

normal school and higher academies of the
eastern states goes far toward settling the
question [of coeducation] for the univer-

There

sity.

those

parents
for

such

all

tion.

But not

the

[and]

right

ture

not wanting collegiate ex-

some authority

prepare

desire

university

the

privileges

1860 were

until

department, giving that univerlongest continuous record of
coeducation a few women enrolled in
legiate

sity

the

—

the University of Deseret, now the University of Utah, in 1851. but the folits

lowing

year

pended

for over a

of funds.

instruction

was

decade owing

sus-

to lack

In addition to the four co-

vol

pp. 47,^-80.

women

ad-

the

women

that

numbers actually exceeded those
In 1866, the University was
men.

their

that all departments
open to men and women
equally, a policy which the State Superintendent thoroughly approved since the
"expense of carrying on the institution
so

reorganized

were

officially

[would]

greatly

lessened,

both

Mabel Newcomer, A Century of Higher
Education for American Women (New York:
Harper and Brothers Publishers, 19.^9), pp.
10-12; Woody, History of Women's Educa16.

tion, vol. 2, pp.

Iv Woody, History of \Vomcn'\ Education,

institu-

normal
University's
1863, the war had .so in-

creased the attendance of

entered

the

.''

.school.

along with eighty-five men
the University of Iowa's col-

cul-

daughters by extending to

their

Michigan) and Antioch
(in Ohio) admitted women when they
opened in 1844 and 1853; and in 1855,

women

same
deem it

the

meet the wishes of

who

board

four

War
them

success which has attended
education of the sexes in the

entire

common

the

mitted

(in

work

ing

requested and were granted admission
to
Oberlin's
course.
regular college
Hillsdale

financial

until

direction

degrees

pressures generated by the Civil
and declining male enrollments led

perience
to

allow

A.B.

17.

vol.

Wood\
2,

2.<Q.

l,<7-.<82.

History of Women's Education,

353
were

sexes

'"•

torecite
to
generally
1870. six other state

tietluM."

—

Kansas, Indiana, MinneMissouri. Michigan, and Califor-

universities
sota.

—

Iowa and Wisconsin
were open to women.'
Kcononu was the reason most often
cited tor coeducation's sudden success,
in adciition to

ni.i

according to Woody, the primary historian
-State-^

women's higher

needed

educate

education.'-"

women

so that

elementary and
liigh schools, and the western states
"were too poor to support two high
grade educational institutions, one for
could

ihe\-

teach

$350 thousand gift by Mary E. Garrett
and a $10 thousand gift by Marian
Hovey, originally offered to Harvard to
provide medical instruction for women
And
"on equal terms with men." -"'
suffragist Su.san B. Anthony is said to

have nearly ruined her health raising
money for the University of Rochester
so that women might be admitted.-''
Although by the early 1870s women
could obtain B.A. degrees

and

universities

in eight state

approximately

coeducational

forty

England, on the other hand. 'Hhe need
for" coeducation was "not urgent because the liberality of founders and

only
about eight hundred of the three thousand bachelor's degrees awarded to
women in 1870 were granted by these
The remainder were atinstitutions.
Detained in "female institutions."^"
bate raged in these female colleges as

benefactors

least

well as in their co-ed sister institutions

excellent

during the sixties and early seventies,
concerning the type of education women
On one side, many
should receive.

men and one

five

women's

women."

for

provided

... an

colleges

Xew

-'-

education."

In other cases, not poverty and the
for teachers, but financial dona-

need

private

colleges,

feminists and professors

— probably

own

not

coeducation for women.
Women were not admitted to Cornell
until Henry W. Sage gave a building

wishing to have

and an endowment of $250 thousand

women's schools should imitate men's

secured

tions

for

When

them.-'"'

the

University of

Michigan faculty objected to the extra
expense of a "two sex college," Michigan women raised $100 thousand and
their \'ounger sisters were admitted.^'*

The

admi.ssion of

women

Johns Hop-

kins University Medical School in 189.3
was assured by funds collected by
women all over the United States, a
Ibid., p. 242.

Newcomer, Century of Higher EducaHistory of Women's Education,

vol. 2, pp. 256-59.
21.
Charles T.

Tendencies

Van

State

Hise,

"Educational

Universities,"

Educa-

Review 34 (December 1907), p. 509.
22 James Bryce, The American Commonwealth (London: Macmillan and Company,
tional

1889), vol.
23.

vol

2, p.

Woody, History

2, p.

Ibid

Women's Education,

259.

including
Others,
every particular.
Durant, founder of Wellesley, believed
that women's education should be as

thorough as men's but not the .same.

stressed "the importance of developing
powers of thought anci reason," but

wanted

"instruction

religion

and

health." and "regarded one hour of domestic work a day as an integral part

—

not a
the educational program"
concession to the college's economy but
an important contribution to the econ-

omy

of future families

Smith

—opened

and the society.-"
was the first

1875

—

provide a program
of study almost identical with that of

women's

25.

27.

college

Ibid.,
,

p
p.

28.

358.

259

Newcomer, Century

tion, p. 19.

248.
,

—

26. Ibid

605.

status low-

ered by teaching subjects unlike those
taught in men's colleges argued that

tion, p. 14.
20. Woody,

their

Ibid.,

56.

Higher Educa-

354
institutions.-'*
male
the
prestigious
Soon other women's colleges followed
suit; and Bryn Mawr, opened in 1880,

the

provided

women's

unique

feature

for

college of a graduate school.

humans unfit for any .social or economic role. Rigorous collegiate course
work generally left them dissatisfied as
homeniakers, and unable to qualify as
as

elementary or .secondary school teachstill

ers,^'

The return

to the hearth:

Glamorized

domesticity
the turn of the century

women

the

nearly

women.

open

only

profession

William O'Neill has

described their dilemma, "Suddenly they
found themselves not merely alone, but

had proven they could perform academically as well as men without, as
some had previously believed, being

alone in a society that had no u.se for
them. Their liberal education did not

physically harmed or made infertile in
the process.
But no sooner had women

lar,

proven their academic ability than old
questions concerning whether women
should cultivate their minds were raised
The primary
with new forcefulness.
charge lodged against women's education was that it lowered the birth rate.

tion to the actual world."

prepare them to do anything

and the

view of

life

other

well-to-do

girl."

women

that

many

children as

possible.^**

College-educated women also reacted
Their attiagainst female education.
tudes developed out of their

own

plight

'-'

Woody, History

29.

.50.

One

the

view

that

women's

nor adventurous
possibilities,"
enough to embark on political action
which was viewed as "inconsistent with
behavior

the

women

expected

alumnae were married, and among

this

croup the average number of children born
was slightly more than two per married
Of the next ten Vassar classes
member.
(1877-86), less than 51 percent were married

from seventeen to tv/enty-six years after
graduation; and the average number of children per married alumna was down to 1.5.

Education
The
of
Macmillan Company,
192.0, p. 36.
Compare Robert J. Sprague,
"Education and Race Suicide," Journal of
VVillystine

Goodsell,

Uomfn (New

college

Even

history's
exceptional
were, for periods of their lives,

anguished by feeling overcultured, out
of place, and useless.
Jane Addams,

who

did not discover poverty until sev-

eral years after receiving her B.A.

showed that from twenty-

seven to thirty-six years after graduation, only
slightly more than 55 percent of Vassar's
early

first

from

recalled:

Wdmen's Education,

182.

report

Although

goal in life was to marry and have
children and that such a role excluded

Rock ford College (1881),-'
vol.

little rela-

education in some way that society had
not yet defined, most, as Adele Simmons
has pointed out, were neither "ready to

renewed the panic of the white AngloSaxon Protestant elite who feared being
overcome by the influx of Italian, Irish,
and Jewish immigrants and therefore acprinciple
should have as

gave them bore

college graduates were frustrated
a sense that they should use their

challenge

particuedited

many

Each new report that showed ever lower
marriage and childbearing rates among
Wellesley, Sm.ith, and Vassar graduates

cepted

carefully

stylized,

York;

Heredity 6 (April 1915), p. 180.

first

gradually reached a conviction that the
generation of college women had taken

their learning too quickly,
\l.

Newcomer, Century

had departed too
of Higher

Educa-

tion, p. 89.

M. William

O'Neill,

Everyone Was Brave

(Chicago: Quadrangle, 1969), p. 79.
ii. Adele Simmons, "Education for What?
The Response of Educational Structures to
the Changing Rnles of
sented at the Eastern

Women"

(Paper pre-

Sociological

Society

1971)
Meeting, Boston, Mass, April 22,
(Princeton University, Department of History, stencil), pp. 14- 1.^
J4. Christopher Lasch.

The Social Thought
The Bobbs-

of Jane Addams (Indianapolis:
Merrill Company, 1965), p. 1.

355
siuldcnly

the

t'nmi

cmi)tional

acti\e.

life

led

by their grandmothers and greatgrandmothers: that the contemporary cduration oi young women had developed too
fxclu^ively the power of acquiring knowlI'tlge and of merely receiving impressions;

ximewhere

that

the process

of "being

educated
they had lost that simple and
almost automatic response to the human
appeal.

and

that they are so sheltered

pampered they have no chance even

make

"the great refusal.'"

While many questioned
tages

•''^

the

hij:her education

for

advan-

women,

administrators, and male stu-'
dents within coeducational institutions
faculty,

generally contented themselves with ridding their own hallowed halls of the
second sex rather than opposing female

heir

and don't

tling

Thfv

The four
Woody, most

cerned;

application and the will to learn. They
read inore, write more and have a

wider range of ideas.

"'
.

feared the feminization of

ture.

Cornell professor

have argued

.'"

Others

campus
is

cul-

re[)orted to

for separation of the sexes,

saying:

to the fact that the girls have a civilization
interests of their own and do not .shart-

and

Their sports views,
and habits differ so that they have little
Enforced association under
in common.
It is promthe circumst'^nces is irksome.
ised in regard to coeducation that it will
'refine' the boys, but college boys want

according

election

certain

education for woman that
should have regard for her nature and
vocation." '" Underlying the first three
•'peculiar

of these reasons lay university officials'
fear that women would drive male stu-

dents

away from

thereby decrease
lK;th

own

enrollments and
fourth reason was

and economic

believed

that

home

outside the

campuses and

their
total

The

political

women

nature.

working

interfered with their

personal interests;

and the econ-

in a

period of peace, did not need
large numbers of women in the labor
force and could benefit from their as-

omy,

homemakers and conthese reasons, in rapid
succession Stanford, the University of
Chicago offered an endowment prosuming
sumers

roles as

For

all

—

women

vided that

— Wisconsin,
or

should be segregated

colleges,

closed

and Western Re-

Tufts,

moved women

serve

It
[separation of the sexes) is to be
effected in a gentlemanly way, but effected
it must be.
The situation is due, perhai>s,

refined.

such an extent as
to drive men from courses; (3) the objection of men students to the attendance of women; and (4) the need for a

.Man>-

wrote, '"Girls are better students than
boys, surpassing them in the power of

reasons,

their

(2)

scholarship of women in st,me subjects
forced male students into unfair comof coeducation

liberal arts courses to

endowments

One opponent

often officially given for
seji.Trating the .se.\es were: (1) women's
rapid increase at the imiversities con-

education per se.
Informally the men
charged that the presence and superior

petition.

wi.>h

prefer congenial savagery.''"

into separate classes

and Wesleyan completely

doors

to women, not reopenthem until 1970 when it found the
number of its applicants declining owing
its

ing

to boys" preference for co-ed schools

^"
1

in those of the boys.

3."^.
Jane .^ddams. Twenty Vfar^ At Hull
House. With AuloMo^rapkkal Motes (New
York' The Macmillan Company, 1910), pp.

71,

7.V

.'6.

Quoted

Clerical

Education, vol.

Woody, Hiitory
2, p.

282

Honi/r'

college

women

or not student and
faculty
reversed their altitudes concerning

men
.57.

Quoted by Woody, History of Women's
The School
2, p. 248, from

Education, vol.
Journal, vol. 74,
.58

p. 550.

Woody. History of Wo-nen's Education.

vol. 2, p. 282

39.
in

work and

Whether

vol.

of Women's Education,
272-95; 304-20; Simmons, "Edu

Woody, History
2,

cation for

What?"

pp. 12-13.

356
co-eds, between 1910
First World War and

1930,

the

industrial

complexity

and

the

increasing

production,'"'

and sales promotion created
r.
spiraling need for educated female
and university
white-collar workers;
policies became more cordial toward
women see Table I. Between 1910
and 1920 the percentage of women
workers employed in white-collar jobs
spurted 12.7 percent- -from 26.1 to 38.8
percent- and the percentage of bachelor's degrees awarded to women jumped
1 1.5
from 22.7 to 34.2 f>ercent.
percent
During the next ten years, both the percentage of women workers employed in
white-collar jobs and the portion of
bachelor's degrees awarded to women
distribution,

—

increased by roughly half as much as
the former
during the 1910-20 decade

—

4.5 percent

and the

latter

rose from

degree? awarded to wcjmen
19 to 43 percent, while the

proportion of doctor's degrees awarded
to them increased from 6 to 13 percent.
Although the proportion of women workers

employed

white-collar

p)ositions

increased steadily over the seven decades, the percentage cf bachelor's, master's, and doctor's degrees awarded to

women

rose sf)oradicaIly with great
see Figleaps and precipitous declines
ure 1.
Seemingly, educational institutions'

—

policies

toward

women

reflected

not only labor force needs for
but institutional ones as well.

women,

During the Depression and again dur-

5.7 per-

most of

men's

At these times many
which had long had local

ing enrollments.

Clerical

work accounted

for

the increased dem.and for female white-

employees between 1910 and the
Depression, and continued to do so
Between the turn
through the sixties.
of the century and 1970, the proportion
of female workers in clerical jobs inThe
creased from 4 to 34 percent.
collar

growth

in clerical jobs

women

than that

was vastly greater
any other occu-

pational area. At the turn of the century, twice as many women were em-

ployed
jobs;

many
as

bachelor's

ing the Second World War, institutions
of higher education experienced declin-

cent.

for

enty-year period than that in the percentage of doctor's degrees awarded to
the "second sex"--tlic proportion of

in professional jobs as in clerical

but by 1970 well over twice as
women were employed in clerical

compared

—

to professional positions

female

workers

colleges,

women who could not afford to leave
home to attend college knocking on
their doors, became coeducational; and
coeducational institutions began to admit women to, and encourage them to

take, previously male courses of study/^
By the fall of 1942, in resp>onse to

World War

II,

Rensselaer Polytechnic

Institute admitted

women, upsetting a
116-year tradition; Pennsylvania State
College mciuded "women for the first
time among prospective war-industry
workers"

in the Department of IndusEngineering; and New York University {(.-ported a "larger percentage of
trial

women among

professional and technical occupations
grew slowly from 8 to 14 percent over

the undergraduate and
graduate enrollees" than had before been
the case and that they were "being

the seventy years.
Similarly, the increase in the percent-

clerical,

the

proportion

age of bachelor's degrees awarded to
women was much greater over the sev-

trained to replace
fields."
41.

Compare Irving
Years: The History of
40.

Bernstein, The Lean
the American Worker

men

professional
*-

in virtually all

and

The University

technical

Wisconsin

Newcomer. Century o} Higher Educa-

tion, p. 38.
42.
Editor.

1920-1933 (Baltimore; Penguin Books, 1960),

Programs

pp. 55-56.

School and

for

"Adjustments
the

Society,

Educational

Training

October

10,

Women,"
1942,

pp.

357
TAHI.F.

\ji>i;

A rn>-s (.K<H

Majok

Occc'i'AridN of l.Ml•ll>^n) Tfrmins h\ Skx
1900 T«) 1970

i<);ii

KdTH
I'olal
I'fi,

hue

number

lOMi

l')6()

l')4U

I'M!)

;

I'HO

I')J0

•>(HI

\bs

78.626

6ft, ()«1

,S8.W9

,^1,742

4S.686

42,206

,<7.2')1

2").(M0

48..V,.

43.r-

36.6' f

31.1',

29.4',.

2I..V,

17 6',

14.2

11.2

oi loiiii

idllar

workers

I'rolessioiiiil

nieal workers

Managers,

U'
,

ami lech-

otVuials,

proprietors

and

8.6

7.5

6.8

5.4

4 7

4.2

358
c
y

»«

O H

2 ^
;j

359
and full-time motherhood as they never
had before. By the 19S0s, the age at
which women married had dropped, and
dreams of careers were replaced by
dreams of babies. Husbands' new roles
as managers, salesmen, and lawyers required much entertaining and seemingly

the fifties with economic expansion, had
to seek older women whose children were
to

grown

theii

fill

teachers,

ers,

female jobs.

record,

need

and

for clerical

work-

other

traditionally
In ?955, for the first time

women aged

forty-five

a full-time "helpmate."

sixty-four had a higher labor force participation rate than those twenty-five to

azines,

forty-four years of age

Women's magwhich during war years had
dwelt heavily on means by which women
might most quickly and efficiently prepare meals and care for their homes as
well as on the advantages of child care
now encouraged women
come gourmet cooks, responsive
centers,

to be-

all-

the needs of their children, and expert
The latter role, of course,

The expansion continued
with baby-boom children.

Clerical and
were also expanding. Then
on Poverty, launched in 1964,

helped prevent a much-feared postwar
economic recession, as well as tied husbands ever tighter to what were often

created

restrictive, repressive, exploitative jobs.

tion

of university accep-

bachelor's, master's, and
doctor's degrees going to women, which

and

had peaked during the war, plunged to
levels well below those in 1930. Women
students declined from 50 to 30 percent
of the

resident

college

enrollment be-

into the six-

Schools and colleges were flooded

ties.

sales jobs

The percentage

see P'igure 2.

Economic expansion: Women urged
back to school and work

consumers.

tances

—

the

War

—jobs

—

traditionally

women's

fitting

social

leaders,

low-paying

skills;

recrea-

workers,

nurses,

teachers, and clerical workers were in
short supply. With the Vietnam buildup, the official overall unemployment
rate dropped beloA' 4 percent in 1966
and remained there until 1970 by 1971
the overall unemployment rate was up
to S.9 percent.*"
Higher percentages of

—

tween 1944 and 1950.'* Educators who
still had women in their classes were told

women

that they

male labor force participation rates rose
well above those of other war years;

must help women understand that the
homemaker's maternal role calls for knowledge and expertness as does any other

by 1970, exactly 50 percent

occupational

women

tempt

role.

for this

role,

elevate

Besides preparing
educators should at-

of every age joined the labor
than ever before in history fe-

force

thi.s

role

if
not glamor, that
occupational role enjoys.*"

the

any

.same

male

Warren Weaver, Vice President
Alfred

urged.

"...

p>ersonnel

With women marrying and becoming
absorbed in child rearing at decidetily

th!>n

younger ages, employers happily faced

When

Educational
45.

W. W. Ludenian,
.Attendance
.Aaron

tion for the

"Declining Female Coland Implications,"
25 (May 1961), p 505.

Causes

Forum

Lipman, "Educational PreparaFemale Role," Journal of Educa-

tional Sociology 32

women

ployed.

create

44.

aged nineteen to sixty-four were em-

esteem,

lege

—

(September 1958),

p. 43.

Sloan
as

Foundation

of the

1960

the pressure for able

increases,

we simply must

new and appropriate opportuni-

46. Generally a higher percentage of
men have been looking for

the overall

unemployment

women
work.

rate

dropped
10 beneath 4 percent, the female unemployment rate fell to just under 5 percent; by
ly'l the female rate was up to 6.9 percent, as
compared with the 5.9 percent overall rate of
U.S. Department of Labor.
unemployment.
Employment and Earnings July 1972 (Wash-

—

ington, D.C.: U.S.

CPO,

1972), pp. 21-22.

360
FIGURE

— Labor

Forck Partkihation Rates of U.S.

Womkn

.\(;k,

I'khcknt of

Fkmalk Population
I.N

Labor Fokii;

60%

I.AKIIK

—

\TI<)N

1-I>K1

60%

50%_

40%

1890-1970

l'>K<fNT OF
Fh \H1 F I'ofl

.50%

1970<

.40%
1960/19444
19504

30%

— 30%

_
1940s
1930*
1920*

20%_

.20%

1900*
1190*

10%.

10%
19-64

20-24

25-44

(Toi\L Age)

45-64

Ar.f

Source: U.S. Bureau of the Census, Historical Statistics o) the i'niltd Slates: Colonial
Times to 1957 (Washington, D.C.: U.S. GPO, 1960), p 7; U.S. Bureau of the Census,
Continuation Statistics to 1962 (Washington, DC: U.S. GPO, 1965); U.S. Bureau of the Census, Statistical Abstract of the United States, 1971 (Washinpton, D.C.: U.S. GPO, 1972), p.
213.

ties

for

women."

bachelor's,

*''

master's,

The percentage
and

doctor's

of
de-

grees awarded to women began to increase, although the percentage of B.A.

and M.A. degrees granted

women

never climbed near to that of 1944; and
the percentage of doctorates awarded to

women,
and

the percentage of college

university

faculty

comprised

women, did not come near

to the level

47. Warren Weaver, "A Great Age for Science," The American Assembly (New York;
Columbia University Press, 1960), p. 116,
quoted in Fred, "Women and Higher Educa-

tion," p.

160

of the 1920s and 1930s

—

see Figure 1.
In recognition of the need to train or

retrain

women

their

past

child-rearing

special programs for continuing
for
women were also
education

years,

founded."
48.

These included the

for

Radcliffe

Institute

the University of
Independent Study
Minnesota Plan for the Continuing Education
of Women the Ford Foundation Program for
the Re-Training in Mathematics of College
Graduate Women, Rutgers University
the
Sarah Lawrence Center for Continuing Education for Women; the Michigan State Unithe Barnard
versity Program for Women
College Plan for Special Students; and the
,

;

361
Ikcomk 1(\ F-.orrATioNAL Attainment and Se\ for Waoe Kakners
2
TwENTV-KiVK. Years Old and Over, United Stater, 1950, 1960. 1970

lAHLI.

362
could daily experience force an awareness
of economic inequities based on sex and
a

determination

the job market at a worse time, as far as
are concerned. •''-

many economists

about

something

Martin did concede that two over-

them.-'"

Rossi [predicted that this fortunate

cir-

cumstance would change:

...

the

market:

there

1970's

be a

will

re-

The
demographic pattern.
birth rate is now on the decline, the aiic
at marriage creeping upward, and the time
interval between marriage and childhearversal

ing

the

widening.

the

there

I<)70's

more young unmarried and

married

will

childless

At the same time, graduate schools
will be producing large numbers of young
people with advanced degrees, who will
face a very different job market from the
one that young Ph.D.'s faced during the
ity.

past twenty years.

The impact

"'*

of the demographic pat-

by Rossi was already felt
in 1970, and then it was coupled with a
shrinking economy and the governtern described

down

the expansion of
jobs in the public sector. On the front
page of the Wall Street Journal, journa-

ment's slowing

Richard Martin bemoaned women's

seeking jobs at a time of higii unem-

ployment:

The

"liberation"

women
nation's

intf)

work

the

and

giving the
rate an un-

force

rising

production declining, the number of available jobs has been .shriijking steadily sine.'

end of

last

But

year.

the

same

period the size of the labor force has
ballooned unexpectedly, and some econo-

mists blame the abnormal growth largely
on a big jump in the proportion of women

The trend
entering the work force.
has been building for a long time, but the
current influx of v/omen couldn't be hitting
.

50.

Alice

eration,"

rising cost

of living

rate

unemployment
to

find

forcing

because

jobs

forcing
their

them

husbands are

either alreatiy out of work or likely to be
laid off if the econom\' slows further.
•''''

Rossi,

Dhsent

p. ''kH.

51. Il)id., p. .v^6.

"Women— Terms

17, no.

In
rate

and

Lib-

(November IQ?^,

the

1971,

overall

unemployment

among women

rose to 6.9 percent,
a U.S. Office of Management and

Budget report estimated that there were
2.4 million women who wanted jobs
but were not actively seeking work."''
Bertram Cross estimated that actually
as many as 7.5 million women were
eager and able to work full- or parttime, but weie unable to find a job.^'

Not

stitutions

triggered

but

unemployment,

higher

only

recommendations

to cut spendinj.' in in-

of
higher education were
by the economy's doldrums.

In spring 1972, the Carnegie Commison Higher Education, headed by
Clark Kerr, urged colleges and universities to reduce their current spending

sion

rate

unemployment
welcome boost.
With the economy slowing down and

the

The

wives to work just to help maintain the
famiU's standard of living. And the rising

women

seeking jobs, for they will
be the baby-boom females grown to matur-

list

riding economic fac((»rs were responsible
for the suige of females into the job

by 20 percent or about

:j;iO

billion

a year.^''
It

too early to

know

statistical effect this latest

exactly what

economic

re-

Martin, "l.eavint: the Home:
Seek Jobs, Contributing to
I'ncmploymcnt Rate," Wall Street

SJ.

Richard

Women

Boost

Journal, June 29, 1970, p. 1.
5,^. Ibid
54.
Carol
Mathews, "The llnemployed
Women," .\ew York Post, Financial Section,
April 4, ig7j, p

67.

Bertram Gross tiuoted hy Mathews, ibid.
56. Carnecie Commission on Higher Education, .7">ic More Effective Use of Resources:
An Imperative for Higher Education Uth
55

(

Report) (New 'S'ork: The Carncpie
Commis-^ion, 1972) quoted in the yew York
Interim

Times, June

16,

1972, p.

17.

363
has had on

cession

the enrollment of

women

and

a considerably lesser extent as

students and their completion of
hif^her education.
Although the recession conies at a time when women's or-

faculty members, .seldom function in
either a pluralistic or a hybrid manner.
Instead, female students and faculty arc

ganizations are pressing hard for greater
educational opportunities for women, if
past trends in the relationship between

institutions

economy and education have an\

the

predictive value, the growth or decline
of inequalities between higher educational opportunities available to women

and men will very much depend upon
which has greater influence on educational policies: the need of institutions
of higher education, faced with declininfj

applications, for more students; or the
labor force's slackening need for women,

many

including