UNITED STATES DEPARTMENT OF EDUCATION iy OFFICE FOR CIVIL RIGHTS Coe 500 WEST MADISON ST, SUITE 1495 anesora CHICAGO, IL 6066-4544 Nori DAKOTA wisconsin November 27, 2018 RECEIVED Mr. Bruce Harreld NOV 3 zum aes ee OFFICE OF GENERAL COUNSEL 101 Jessup Hall Towa City, lowa 52242-1316 Re: OCR Case No. 05-15-2538 Dear Mr. Harreld: On December 29, 2017, the University of Iowa (University) submitted a Resolution Agreement (Agreement) to the U.S. Department of Education, Office for Civil Rights (OCR), to resolve the above-referenced complaint and to ensure its compliance with Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 - 1688, and its implementing regulation at 34 CFR. Part 106, which prohibits discrimination based upon sex. On July 16, 2018, OCR received a report from the University regarding its implementation of item V1 of the Agreement, in which the University agreed to provide equivalent treatment, benefits, and opportunities to female and male student athletes with respect to the provision of locker rooms, practice and competitive facilities. This item required the University to complete a comprehensive assessment of all current locker rooms, practice and competitive facilities assigned to each men’s and women’s athletic team. The assessment was required to include whether the University’s women’s intercollegiate athletic teams are provided with comparable opportunities as provided to the men’s intercollegiate athletic teams in the quality and availability of the facilities provided for practice and competitive events; exclusivity of use of facilities provided for practice and competitive events; availability of locker rooms; quality of locker rooms; maintenance of practice and competitive facilities; and preparation of facilities for practice and competitive events. Based on the assessment, the University was required to determine whether it provides equal athletic opportunities for members of both sexes in the provision of locker rooms, practice and competitive facilities. During OCR’s original investigation, concems were identified with regard to access to locker rooms and restroom facilities during soccer and field hockey events, lack of concessions at soccer games, the quality of the softball field, ventilation of the field hockey practice facility, and locker rooms for softball, cross country, track and field, and gymnastics athletes. In the July 16 report to OCR, the University indicated that it completed the facilities assessment required by the Agreement by reviewing all locker rooms and practice and competitive facilities; the report did not indicate the extent to which the University considered input from coaches and/or athletes. Based upon the assessment, the University asserted that it provides equivalent treatment, ‘The Department of Education's mi by foster nis to promote student achievement and preparation for global competitiveness educational excellence and ensuring equal access. wowed govPage 2 —Mr. Harreld benefits, and opportunities to female and male student athletes with respect to the provision of locker rooms and practice and competitive facilities. With regard to locker rooms, the University indicated that the men’s and women’s gymnastics locker rooms are “not as nice” as other teams? locker rooms, but are adequate and comparable to ‘one another. The University also said both the baseball and softball teams have locker rooms adjacent to their competitive facilites, but do not have access to lounges in these locker rooms." The University also noted that it has added a temporary heated and air conditioned “trophy suite” at the women’s soccer facility that has a locker room, meeting area, and restroom; it has offered to allow the field hockey team to use this facility, which is 90 yards away from the field hockey field, but according to the University, the field hockey team declined the offer and continues to use a tented area at the field. ‘The University also indicated that the men’s and women’s track and cross country teams have shared lockers, but the University plans to add locker rooms for men and women prior to spring 2019. The University noted that rowing athletes may share lockers in the fall but that by the time of the championship season in spring, there is attrition among novice rowers, and the coach indicated that there are sufficient lockers to meet the team’s needs. The University concluded based on its assessment that it provides equivalent treatment, benefits, and opportunities to female and male student athletes with respect to the provision of locker rooms. With regard to practice facilities, the University indicated that several sports have dedicated practice facilities and that the University is not aware of any problems with teams that share facilities; the University provided a list of practice teams for each team. The University concluded based on its assessment that it provides equivalent treatment, benefits, and ‘opportunities to female and male student athletes with respect to the provision of practice facilities. With regard to competitive facilities, the University indicated that all venues meet NCAA standards and include the necessary amenities to conduct competitions, as all are regulation and appropriate for the sport, of similar quality construction, and have lighting, public address systems, scoreboards, restrooms, and concessions. The University indicated that several sports have dedicated competitive facilities and that the University is not aware of any problems with teams that share facilities. The University also noted that several men’s and women’s teams do not have meeting space at their competition facility, but that they use meeting rooms nearby. The University indicated that the maintenance and preparation of all competitive facilities is equivalent for men’s and women’s teams and also indicated that no issues with playing surfaces were brought to the University’s attention during the assessment. The University concluded based on its assessment that it provides equivalent treatment, benefits, and opportunities to female and male student athletes with respect to the provision of competitive facilities. ' During OCR's investigation, the softball locker facility adjacent to the field was described as “small and inadequate.” Athletes claimed that they could not shower there, that there was no door to the bathro there were vermin. The assigned softball locker room and lounge in the recreation building is over a field.Page 3 ~ Mr. Harreld While the University plans to add locker rooms for men’s and women’s track and cross country teams prior to spring 2019, it did not indicate in its report that it has addressed the ventilation of the field hockey facility, the lack of concessions at soccer games, or the quality of the softball field. OCR has determined that it is necessary to follow up with coaches and athletes regarding the University’s provision of locker rooms and practice and competitive facilities and to review any changes that have been made to the facilities that have allowed the University to determine that they are equivalent for males and females. OCR will contact the University to arrange for this follow-up in spring 2019, along with the follow-up OCR identified to the University in its previous letter, dated July 13, 2018. OCR also requests that the University provide by December 31, 2018, the number of athletes who participated in each sport in the 2017-2018 and 2018-2019 academic years, using the same definition of a participant as in previous reports. Thank you for the cooperation extended to OCR in this case. If you have any questions regarding our monitoring, please feel free to contact Judith Levitt, Deputy Chief Attorney, at (312) 730- 1589 or by e-mail at Judy. Levitt@ed.gov or me at (312) 730-1611 or by e-mail at Jeffrey. Tumbull@ed.gov. fpr # Jeffrey Turnbull Team Leader cc: Ms. Carroll Reasoner