REPORT TITLE:
Gender Equity in Sports


DESCRIPTION:
Prohibits persons, on the basis of their sex, from being
discriminated against in any interscholastic, club, or intramural
athletics offered by a public high school.  Prohibits public high
schools from providing athletics separately on the basis of sex.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO GENDER EQUITY IN SPORTS.



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

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5                    GENDER EQUITY IN SPORTS ACT
 
 6      §   -1  Interscholastic, club, and intramural athletics.
 
 7 (a)  No person, on the basis of sex, shall be excluded from
 
 8 participating in, be denied the benefits of, or be treated
 
 9 differently from another person or otherwise be discriminated
 
10 against in any interscholastic, club, or intramural athletics
 
11 offered by a public high school; and no public high school shall
 
12 provide athletics separately on the basis of sex.
 
13      (b)  Notwithstanding subsection (a) to the contrary, a
 
14 public high school may operate or sponsor separate teams for
 
15 members of each sex if the selection for the teams is based upon
 
16 competitive skill or the activity involved is a bodily contact
 
17 sport.  When a public high school operates or sponsors a team in
 
18 a particular sport for members of one sex but does not operate or
 
19 sponsor such a team for members of the other sex, and athletic
 

 
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 1 opportunities for that sex have previously been limited, members
 
 2 of the excluded sex shall be allowed to try out for the team
 
 3 offered.
 
 4      (c)  This section shall not be construed to prohibit the
 
 5 grouping of students in physical education classes and activities
 
 6 by ability as assessed by objective standards of individual
 
 7 performance developed and applied without regard to sex.  When
 
 8 the use of a single standard of measuring skill or progress in a
 
 9 physical education class has an adverse effect on the members of
 
10 one sex, the public high school shall use appropriate standards
 
11 that do not have such an effect.
 
12      (d)  A public high school that operates or sponsors
 
13 interscholastic, club, or intramural athletics shall provide
 
14 equal athletic opportunity for members of both sexes.  In
 
15 determining whether equal opportunities are available, the
 
16 superintendent of education and the advisory commission on gender
 
17 equity in sports shall consider, among other factors:
 
18      (1)  Whether the selection of sports and levels of
 
19           competition effectively accommodate the interests and
 
20           abilities of members of both sexes;
 
21      (2)  The provision of equipment and supplies;
 
22      (3)  The scheduling of games and practice times;
 
23      (4)  Travel and per diem allowances;
 

 
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 1      (5)  Opportunities to receive coaching and academic
 
 2           tutoring;
 
 3      (6)  Assignment and compensation of coaches and tutors;
 
 4      (7)  The provision of locker room, practice, and competitive
 
 5           facilities;
 
 6      (8)  The provision of medical and training facilities and
 
 7           services;
 
 8      (9)  The provision of housing and dining facilities and
 
 9           services; and
 
10     (10)  Publicity.
 
11 Unequal aggregate expenditures for members of each sex or unequal
 
12 expenditures for male and female teams, if a public high school
 
13 operates or sponsors separate teams, do not constitute a
 
14 violation of this section, but in determining violations of this
 
15 section, the failure to provide necessary funds for teams for one
 
16 sex in assessing equality of opportunity for members of each sex
 
17 shall be considered.
 
18      (e)  A public high school may provide separate toilet,
 
19 locker room, and shower facilities on the basis of sex, but the
 
20 facilities shall be comparable to the facilities provided for
 
21 students of the other sex.
 
22      §   -2  Advisory commission on gender equity in sports.(a)
 
23 There is established within the department of education for
 

 
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 1 administrative purposes only, an advisory commission on gender
 
 2 equity in sports.  The advisory commission shall consist of seven
 
 3 members appointed by the superintendent of education who shall
 
 4 ensure that the advisory commission represents, to the maximum
 
 5 extent possible, the gender, racial, and ethnic diversity of the
 
 6 State.
 
 7      (b)  The superintendent shall define equity in athletics for
 
 8 all public high schools and shall recommend rules for appropriate
 
 9 enforcement mechanisms to ensure equity.  The recommendations
 
10 shall include:
 
11      (1)  A determination of an equitable rate of participation
 
12           of males and females in athletics at public high
 
13           schools; and
 
14      (2)  A determination of the appropriate consideration of
 
15           revenues when making decisions about the equitable use
 
16           of funds for support of athletic activities.  In making
 
17           this determination, the advisory commission shall
 
18           consider all funds received and expended for athletic
 
19           promotion or support, including revenues from direct-
 
20           support organizations.
 
21      §   -3  Remedies.  A person aggrieved by a violation of this
 
22 chapter or a violation of a rule adopted under this chapter has a
 
23 right of action for such equitable relief as the court may
 

 
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 1 determine.  The court may also award reasonable attorney's fees
 
 2 and court costs to a prevailing party.
 
 3      §   -4  Applicability.  This chapter shall apply to public
 
 4 schools as defined in section 302A-101; provided that it shall
 
 5 apply to grades nine to twelve only."
 
 6      SECTION 2.  If any provision of this Act, or the application
 
 7 thereof to any person or circumstance is held invalid, the
 
 8 invalidity does not affect other provisions or applications of
 
 9 the Act which can be given effect without the invalid provision
 
10 or application, and to this end the provisions of this Act are
 
11 severable.
 
12      SECTION 3.  This Act shall take effect upon its approval.