University of Iowa Athletics’ Title IX monitor finds ‘no material issues’

IOWA CITY — Fulfilling a legal settlement obligation to pay an independent compliance officer to monitor gender equity within its athletics department, the University of Iowa this month produced its third and final report finding “no material issues with respect to UI’s compliance with Title IX.”

“As per the settlement agreement, this public report concludes my role as the monitor for UI’s compliance with Title IX,” wrote Gabriel Feldman, a Tulane University professor of sports law, in the document posted Oct. 1 on the UI Department of Athletics website. “I understand that UI will continue to monitor its Title IX compliance and make adjustments to address any existing inequities or other issues that may arise.”

Feldman, who also directs Tulane’s Sports Law Program and codirects the Tulane Center for Sport, was hired to monitor the university’s Title IX compliance as part of a deal the campus reached with six female athletes who sued after former UI Athletics Director Gary Barta cited COVID-19 losses in an attempt to eliminate their sport.

Barta in August 2020 said tens of millions in pandemic losses gave him no choice but to cut the women’s swimming and diving program along with three men’s programs: swimming and diving, tennis and gymnastics. Several female swimmers sued, alleging the university was out of compliance with the federal gender equity law even before it tried to eliminate their programs.

A federal judge, finding the swimmers could win their case, ordered the UI to temporarily reinstate women’s swimming and diving while the lawsuit played out — compelling Barta to do so permanently and eventually settle with the swimmers in 2021.

Under the deal, the UI agreed to pay the women $400,000 in attorney fees; keep women’s swimming and diving for at least seven years; add women’s wrestling; cap participation in women’s rowing at 75; and appoint Feldman to monitor its Title IX compliance for three years, through 2024.

Feldman was directed to monitor three aspects of compliance: equal participation opportunities, equal benefits and treatment, and equal scholarship opportunities. He was directed to produce an annual report by Oct. 1 of 2022, 2023 and 2024.

Over the full three-year span of his review, Feldman reported visiting the UI campus twice — once in August 2022 and again in August 2023. He also did virtual interviews with athletes and coaches and — for his final assessment — in August reviewed updated squad lists, facilities and other data.

The university has paid Feldman $41,012.50 through 2023 but hasn’t received a 2024 invoice, UI spokesman Chris Brewer told The Gazette.

Equal opportunity

Compliance with Title IX’s athletic opportunities mandate requires male and female roster spots be “substantially proportionate” to their respective full-time undergraduate enrollment levels.

Feldman reported the UI Department of Athletics in its 2023-24 academic year had 366 male participants across eight sports — including 129 football players — and 448 women participants across 14 sports, including 74 rowers.

That amounted to 814 total athletes, 55 percent of whom were women and 45 percent of whom were men — coming close to the 56 percent full-time undergraduate female enrollment last year and 44 percent male enrollment.

“This represents a 1.02 percent disparity … in 2023-24, as compared to a 1.6 percent disparity in 2022-23,” Feldman wrote about the difference between athletic opportunities for women and the female enrollment proportion. “A significant portion of this increase was attributable to the increase in the roster size for women’s wrestling, from 16 athletes in 2022-23 to 28 athletes in 2023-24.”

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The roster for women’s swimming also increased from 22 in the 2022-23 academic year to 29 in 2023-24, Feldman reported.

Regarding athletic financial assistance, the UI must provide awards proportionate with the participation level of each gender. About 56 percent of UI athletics-related student aid went to women last year — $7 million out of $12.6 million — which is about equal to the participation rate.

‘State-of-the-art athletics facilities’

The remaining Title IX areas of inspection require an “aggregated analysis” of whether male and female programs are treated equally — including through equipment, facilities, coaching, travel resources, tutoring, medical training, publicity and recruitment.

Regarding publicity, for example, Feldman noted that while “the competitive market often dictates greater emphasis on particular sports, UI’s efforts in the aggregate to promote men’s and women’s teams appear to be equitable.”

All competitive events are broadcast or streamed for both the men’s and women’s teams, he reported, and the university offers support for “name, image and likeness” deals through the Hawkeye FLIGHT Program.

“This programming, as well as the Hawkeye NIL Marketplace, is available to all athletes,” Feldman wrote. “Given the rapidly evolving landscape of NIL, UI should continue to monitor and assess any changes that need to be made to ensure continuing equity with regards to NIL.”

As for facility equity, Feldman said recent construction has benefited UI compliance.

“UI has recently made significant improvements in its facilities,” he noted, having knocked the university in this area two years ago in his first report.

“In spring 2024, UI completed the Goschke Family Wrestling Training Center, which serves the men’s and women’s wrestling programs,” he reported in his 2024 report. “The 38,000 square feet provides additional workout facilities, training areas, locker rooms, office space and direct access into Carver-Hawkeye Arena, where intercollegiate wrestling competitions continue to be held.”

Additionally, he reported, “Construction began on the Women’s Gymnastics and Spirit Squad Training Center in winter 2023 and is expected to be completed in time for the spring 2025 season.”

“This dedicated space is designed specifically for gymnastics and will include practice space, locker rooms, a team room, an equipment room, coaching offices, and a multipurpose viewing room.”

The university also has engaged a planning and design firm to “finalize a plan and design for a new Field Hockey Operations Center.”

“Overall, UI has state-of-the-art athletics facilities for men’s and women’s teams,” he wrote.

Download: df2f496e-iowa-gender-equity-monitor-report-2024-final.pdf

Comments: (319) 339-3158; vanessa.miller@thegazette.com