BALANCING SPORTS AND THE LAW; GRAPPLING WITH AN INCREASINGLY IMPOSSIBLE TASK, SCHOOLS SPAR WITH MYRIAD FACTORS.

Byline: David M. Carter

The Title IX legislation forever changed school sports, forcing a redefinition of its economic and social goals, as well as its legal and ethical priorities.

Title IX of the Education Amendments of 1972, a federal civil rights statute that prohibits sex discrimination in educational programs, including collegiate sports 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 educational program or activity receiving federal financial assistance.''

Sports enjoys a privileged and important position in society and everyday lives. Emotionally attached to sports, we have allowed it to play a primary role in the socialization of our youth.

This socialization has taken place at all levels of competition, from the Little League World Series to the Rose Bowl.

Nonetheless, somewhere along the way - whether we as a society choose to accept it or not - sports, along with its socialization value, has become big business. The reality of this development must be addressed by college athletics' governing body, the National Collegiate Athletic Association (NCAA); college sports administrators; federal legislators and fans.

This development requires that these entities equitably balance academics and athletic competition with federal law - an increasingly impossible task.

The NCAA believes competitive athletics programs of its member institutions are designed to be a vital part of the educational system. A basic purpose of the NCAA is to maintain intercollegiate athletics as an integral part of the educational program and the athlete as an integral part of the student body.

While not in theoretical disagreement with the NCAA, college sports administrators are primarily concerned with making budgetary ends meet, without totally diluting the quality of the entertainment they are providing.

Today, much like corporate executives, athletic directors must possess marketing expertise, financial acumen, and effective human resource talents.

The third group, federal legislators, seeks a level playing field, striving to provide an equal opportunity for all, athlete and nonathlete, man and woman alike.

Finally, fans - including alumni and boosters - want quality entertainment at an affordable cost. Perhaps more importantly, they also want their favorite institution to consistently win without falling out of favor with the NCAA.

The wants and needs of each of these groups are routinely in conflict with Title IX requirements. Discriminatory practices are witnessed at institutions that do not demonstrate (1) that sports participation opportunities for each gender are substantially proportionate to its full-time undergraduate enrollment, (2) a history and continuing practice of expansion in its women's athletics programs, and (3) do not fully and effectively accommodate the underrepresented sex.

This discrimination knows no boundaries, geographically or in terms of an institution's academic reputation. For example, in the past week, major universities such as Duke, Vanderbilt, Boston College and Brigham Young have been alleged to be in violation of Title IX.

Locally troubling is CSUN's precarious situation with regard to the same legislation.

In addition to the budgetary constraints affecting all athletic departments, CSUN must determine how best to increase, as a percentage, athletic opportunities for women.

By 1998, CSUN's athletes must reflect - within 5 percent - the undergraduate gender ratio (the present gap is 18 percent). This can be accomplished by increasing opportunities for women, decreasing opportunities for men, or both. Given a budget deficit in excess of $1 million, eliminating certain men's programs will be required.

Eliminating men's programs such as baseball, volleyball and soccer would have a profound impact on students, the university's identity and the community. The NCAA, athletic department administrators and fans understand this.

Proponents of Title IX either do not understand this, are unconcerned about making one entity whole at the significant expense of many others, or simply have been unable to combine the letter of the law with its spirit. In all likelihood, it is a function of all three.

Regardless, sports industry leaders, legislators and other interested parties must work together to better incorporate this necessary and appropriate legislation into the collegiate sports scene. Since equality is among America's most noble pursuits, none of these groups must be consumed with protecting its own proprietary interests, namely money and influence.

Failing to strike this delicate balance between equal access to opportunity and harsh economic realities will unintentionally and severely limit the role of college sports in our communities and harm the very citizens the legislation is intended to help: student-athletes.

At approximately the same time Title IX was enacted, James Michener wrote ``Sports in America.'' In it, he described ``successful'' sports as those which are fun for the participant, enhance the health of both the individual participant and the general society, and provide public entertainment.

Perhaps Michener should have added a fourth: Successful sports are those which are respected and furthered by all, regardless of personal or professional agenda.