Sen. Jacob Javits (R.N.Y.), who played a key compromise role in 1975 in influencing future Title 9 policy, has said that recent federal policy proposals for implementing the law meet the intent of the compromise.
After unsuccessful congressional attempts to get sports exempted from the law that bars sex discrimination, Javits offered an amendment in conference that said the Department of Health, Ducation and Welfare developed "reasonable provisions considering nature of particular sports."
HEW issued policy proposals last December requiring colleges to equalize their average per capita spending for participating male and female athletes for financial aid, recruiting and other financially measurable benefits.
But the HEW proposals permit unequal spending if it results from nondiscriminatory factors. The final version of Title 9 policy was expected to be issued yesterday, but will apparently not be released for a few more weeks.
In a letter to a constituent last week, Javits wrote, "The policy interpretation, which has been submitted for comment from colleges, recognizes, in evaluating compliance under the law, that certain revenue-producing sports may require greater expenditures due to differences in costs, levels of competition and other 'nondiscriminatory factors,' according to the (HEW) Office for Civil Rights.
"Although equal opportunity under this policy is to be substantially based on an institution's average per capita expenditure for male and female athletes, permissable variations in such expenditure may result from the forgoing and that seems to me to provide the necessary latitude for variations.
"While this proposed policy interpretation does not provide for a blanket exemption for revenue-producing sports, it does provide reasonably for consideration of the nature of particular sports."