Pub. L. 103-382, tit. III, pt. E, sec. 360B
DISCLOSURE OF ATHLETIC PROGRAM PARTICIPATION RATES AND FINANCIAL SUPPORT DATA.
SEC. 360B. DISCLOSURE OF ATHLETIC PROGRAM PARTICIPATION RATES AND FINANCIAL SUPPORT DATA. (a) Short Title.— This section may be cited as the “Equity in Athletics Disclosure Act”. (b) Findings.— The Congress finds that— (1) participation in athletic pursuits plays an important role in teaching young Americans how to work on teams, handle challenges and overcome obstacles; 108 STAT. 3970 (2) participation in athletic pursuits plays an important role in keeping the minds and bodies of young Americans healthy and physically fit; (3) there is increasing concern among citizens, educators, and public officials regarding the athletic opportunities for young men and women at institutions of higher education; (4) a recent study by the National Collegiate Athletic Association found that in Division I–A institutions, only 20 percent of the average athletic department operations budget of $1,310,000 is spent on women’s athletics; 15 percent of the average recruiting budget of $318,402 is spent on recruiting female athletes; the average scholarship expenses for men is $1,300,000 and $505,246 for women; and an average of 143 grants are awarded to male athletes and 59 to women athletes; (5) female college athletes receive less than 18 percent of the athletics recruiting dollar and less than 24 percent of the athletics operating dollar; (6) male college athletes receive approximately $179,000,000 more per year in athletic scholarship grants than female college athletes; (7) prospective students and prospective student athletes should be aware of the commitments of an institution to providing equitable athletic opportunities for its men and women students; and (8) knowledge of an institution’s expenditures for women’s and men’s athletic programs would help prospective students and prospective student athletes make informed judgments about the commitments of a given institution of higher education to providing equitable athletic benefits to its men and women students. (c) Disclosure of Athletic Program.— Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following new subsection: “(g) Data Required.— “(1) In general.— Each coeducational institution of higher education that participates in any program under this title, and has an intercollegiate athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following information regarding intercollegiate athletics: “(A) The number of male and female full-time undergraduates that attended the institution. “(B) A listing of the varsity teams that competed in intercollegiate athletic competition and for each such team the following data: “(i) The total number of participants, by team, as of the day of the first scheduled contest for the team. “(ii) Total operating expenses attributable to such teams, except that an institution may also report such expenses on a per capita basis for each team and expenditures attributable to closely related teams such as track and field or swimming and diving, may be reported together, although such combinations shall be reported separately for men’s and women’s teams. “(iii) Whether the head coach is male or female and whether the head coach is assigned to that team108 STAT. 3971 on a full-time or part-time basis. Graduate assistants and volunteers who serve as head coaches shall be considered to be head coaches for the purposes of this clause. “(iv) The number of assistant coaches who are male and the number of assistant coaches who are female for each team and whether a particular coach is assigned to that team on a full-time or part-time basis. Graduate assistants and volunteers who serve as assistant coaches shall be considered to be assistant coaches for the purposes of this clause. “(C) The total amount of money spent on athletically related student aid, including the value of waivers of educational expenses, separately for men’s and women’s teams overall. “(D) The ratio of athletically related student aid awarded male athletes to athletically related student aid awarded female athletes. “(E) The total amount of expenditures on recruiting, separately for men’s and women’s teams overall. “(F) The total annual revenues generated across all men’s teams and across all women’s teams, except that an institution may also report such revenues by individual team. “(G) The average annual institutional salary of the head coaches of men’s teams, across all offered sports, and the average annual institutional salary of the head coaches of women’s teams, across all offered sports. “(H) The average annual institutional salary of the assistant coaches of men’s teams, across all offered sports, and the average annual institutional salary of the assistant coaches of women’s teams, across all offered sports. “(2) Special rule.— For the purposes of subparagraph (G), if a coach has responsibilities for more than one team and the institution does not allocate such coach’s salary by team, the institution should divide the salary by the number of teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the coach’s responsibilities for the different teams. “(3) Disclosure of information to students and public.— An institution of higher education described in paragraph (1) shall make available to students and potential students, upon request, and to the public, the information contained in the report described in paragraph (1), except that all students shall be informed of their right to request such information. “(4) Definition.— For the purposes of this subsection, the term ‘operating expenses’ means expenditures on lodging and meals, transportation, officials, uniforms and equipment. “(5) Regulations and effective date.— The Secretary shall issue final regulations to implement the requirements of this subsection not later than 180 days following the enactment of this subsection. Each institution described in paragraph (1) shall make available its first report pursuant to this section not later than October 1, 1996.”.