Common use of DEMONSTRATION OF CURRENT COMPLIANCE Clause in Contracts

DEMONSTRATION OF CURRENT COMPLIANCE. The University agrees to provide participation opportunities in its intercollegiate athletics program for female and male students that equally and effectively accommodate the athletic interests and abilities of members of both sexes, consistent with the requirements of Title IX, the Title IX implementing regulation at 34 C.F.R. § 106.41(c)(1), and applicable OCR policies. Accordingly, the University plans to demonstrate compliance with the Three-Part test used by OCR to assess whether the interests and abilities of members of both sexes are being effectively accommodated to the extent necessary to provide an equal opportunity to participate in intercollegiate athletics by documenting that the interests and abilities of students who are members of the underrepresented sex have been fully and effectively accommodated by the University’s current intercollegiate athletics program (Part 3 of the “Three-Part Test”) by the dates set forth in Part II, actions to increase athletic opportunities. Each part of the Three-Part Test is an equally sufficient and separate method of complying with the Title IX regulatory requirement to provide nondiscriminatory athletic participation opportunities. The University has elected to demonstrate compliance by meeting Part 3 but continues to have the option to choose the part of the Three-Part Test with which it will comply. If the University determines that the intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments, the University will notify OCR. In determining substantial proportionality, the University agrees that: a. Enrollment rates will be calculated using the full-time undergraduate enrollment numbers by sex; and b. The participation rates of female and male students will reflect the total number of females and males listed on the NCAA squad list for each intercollegiate sport on the date of the first competition for each sport. The participation rates should not include participants in intramural, club or noncompetitive athletic activities. A. Accommodation of student interests and abilities 1. A survey of students and admitted students or other information collected from students and admitted students using a method that is designed to fully and accurately assess unmet athletic interests and abilities in intercollegiate sports among members of the underrepresented sex. A copy of the draft survey will be submitted to OCR for its review and approval before being distributed to students. The University will make such revisions and improvements to the survey as advised by OCR. Upon OCR’s written approval, the University shall administer the survey, endeavoring to generate as high a response rate as possible. 2. Identification of sports, squads, and levels of sports for members of the underrepresented sex that are not currently offered by the University but are offered by schools that compete within the athletic conferences in which the University competes and by schools that are within the University’s normal competitive region. 3. Review of any requests (whether oral or written, formal or informal) made to University administrators, coaches, or staff by or on behalf of students and admitted students who are members of the underrepresented sex to add a particular sport, squad, or level of sport, or to elevate an existing club or intramural sport to intercollegiate sport status. This assessment or review may be limited to requests that were received during the previous three complete academic years. 4. Assessments made by University coaches or staff during tryouts, or observations of students participating in club or intramural competition, and other information reflecting the ability of students and admitted students who are members of the underrepresented sex to compete in a particular sport, prior participation in that sport or a similar sport at the high school level or intramural or club level, general athletic ability, participation in other University intercollegiate sports, the nature of the particular sport, and other relevant factors. (Neither a poor competitive record, nor the inability of interested students or admitted students to play at the same level of competition engaged in by the University’s other athletes is conclusive evidence of lack of ability. For the purposes of assessing ability, it is sufficient that interested students and admitted students have the potential to sustain an intercollegiate team.) 5. Participation in interscholastic sports by admitted students and participation rates in sports in high schools, amateur athletic associations, and community sports leagues that operate in areas from which the University draws its students. 6. Any other documented information that demonstrates the athletic interests and abilities of the University’s students who are members of the underrepresented sex. 7. Where interest and ability in an intercollegiate sport not currently offered by the University is identified, the assessment will also consider whether there is a reasonable expectation of intercollegiate competition in the University’s normal competitive region in that sport. B. I&A REPORTING REQUIREMENT (PART I) 1. By October 17, 2014, a copy of the draft survey referenced in Section I.A., above, for OCR’s review and approval. 2. By October 17, 2014, a complete description of the planned methodology for conducting the survey, including how the survey will be distributed, the number of surveys to be distributed, any planned follow-up to the initial distribution of the survey, the names and contact information for the individual(s) who will evaluate the responses to the surveys, and the protocol for retaining a copy of any notes or other documents compiled during the review of the surveys. 3. By April 3, 2015, the University will provide OCR with a detailed report about the assessment conducted pursuant to Section I.B. of this Agreement. The report will include, at a minimum, the following information: a. Copies of any surveys or questionnaires administered under Section I.A.1. The results of those surveys and questionnaires, including but not limited to a complete description of the methodology used to conduct the survey, including how the survey was distributed, the number of surveys and questionnaires distributed and the number of responses, any follow-up to the initial distribution of the survey, the names and contact information for the individual(s) who evaluated the responses to the surveys and questionnaires and a copy of any notes or other documents compiled during the review of the surveys. b. A summary of sports and squads for members of the underrepresented sex that are not currently offered by the University that are offered by schools that compete within the athletic conferences in which the University competes and by schools that are within the University’s normal competitive region. c. Rates of participation by members of the underrepresented sex in club and intramural sports at the University. d. Rates of participation by members of the underrepresented sex in interscholastic sports that operate in the geographic areas from which the University draws its enrollment. e. Copies of any written requests made available and summaries of any non- written requests made by students or on behalf of students who are members of the underrepresented sex to add a particular sport or squad, or to elevate an existing club or intramural sport to intercollegiate sport status. f. Summaries of any assessments made during tryouts, or observations of students participating in club or intramural competition, and other information reflecting the ability of students who are members of the underrepresented sex to compete in a particular sport, prior participation in that sport or a similar sport at the high school level or intramural or club level, general athletic ability, participation in other University intercollegiate sports, the nature of the particular sport, and other relevant factors. g. Any other information that was considered by the University as part of its assessment in determining whether it is fully and effectively accommodating the athletic interests and abilities of members of the underrepresented sex.

DEMONSTRATION OF CURRENT COMPLIANCE. The University agrees to provide participation opportunities in its intercollegiate athletics program for female and male students that equally and effectively accommodate the athletic interests and abilities of members of both sexes, consistent with the requirements of Title IX, the Title IX implementing regulation at 34 C.F.R. § 106.41(c)(1), and applicable OCR policies. Accordingly, the University plans to will demonstrate compliance with the Three-Part test used by OCR to assess whether the interests and abilities of members of both sexes are being effectively accommodated to the extent necessary to provide an equal opportunity to participate in intercollegiate athletics by documenting that the interests and abilities of students who are members of the underrepresented sex have been fully and effectively accommodated by the University’s current intercollegiate athletics program (Part 3 of the “Three-Part Test”) by the dates set forth in Part II, actions to increase athletic opportunities). Each part of the Three-Part Test is an equally sufficient and separate method of complying with the Title IX regulatory requirement to provide nondiscriminatory athletic participation opportunities. The University has elected to demonstrate compliance by meeting Part 3 but continues to have the option to choose the part of the Three-Part Test with which it will comply. If the University determines that the intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments, the University will notify OCR. In determining substantial proportionality, the University agrees that: a. Enrollment rates will be calculated using the full-time undergraduate enrollment numbers by sex; and b. The participation rates of female and male students will reflect the total number of females and males listed on the NCAA squad list for each intercollegiate sport on the date of the first competition for each sport. The participation rates should not include participants in intramural, club or noncompetitive athletic activities. A. Accommodation of student interests and abilities 1. A survey of students and admitted students who are likely to attend (i.e., transfer; matriculated; and those students admitted who have paid a deposit, attended orientation and received a schedule of courses) or other information collected from students and admitted students who are likely to attend, using a method that is designed to fully and accurately assess unmet athletic interests and abilities in intercollegiate sports among members of the underrepresented sex. A copy of the draft survey will be submitted to OCR for its review and approval before being distributed to students. The University will make such revisions and improvements to the survey as advised by OCR. Upon OCR’s written approval, the University shall administer the survey, endeavoring to generate as high a response rate as possible. 2. Identification of sports, squads, and levels of sports for members of the underrepresented sex that are not currently offered by the University but are offered by schools that compete within the athletic conferences in which the University competes and by schools that are within the University’s normal primary geographic competitive region. 3. Review of any requests (whether oral or written, formal or informal) made to University administrators, coaches, or designated staff by or on behalf of students and admitted students students, as applicable, who are members of the underrepresented sex to add a particular sport, sport or squad, or level of sport, or to elevate an existing club or intramural sport to intercollegiate sport status. This assessment or review may be limited to requests that were received during the previous three complete academic years. 4. Assessments made by University coaches or staff during tryouts, or observations of students participating in club or intramural competition, and other information reflecting the ability of students and admitted students who are likely to attend who are members of the underrepresented sex to compete in a particular sport, prior participation in that sport or a similar sport at the high school level or intramural or club level, general athletic ability, participation in other University intercollegiate sports, the nature of the particular sport, and other relevant factors. (Neither a poor competitive record, nor the inability of interested students or admitted students who are likely to attend to play at the same level of competition engaged in by the University’s other athletes is conclusive evidence of lack of ability. For the purposes of assessing ability, it is sufficient that interested students and admitted students have the potential to sustain an intercollegiate team.) 5. Participation in interscholastic sports by students and admitted students who are likely to attend, and participation rates in sports in high schools, amateur athletic associations, and community sports leagues that operate in the primary geographic areas from which the University draws its students. 6. Any other documented information that demonstrates the athletic interests and abilities of the University’s students who are members of the underrepresented sex. 7. Where interest and ability in an intercollegiate sport not currently offered by the University is identified, the assessment will also consider whether there is a reasonable expectation of intercollegiate competition in the University’s normal primary geographic competitive region in that sport. B. I&A REPORTING REQUIREMENT (PART I) 1. By October 17, 2014, a copy of the draft survey referenced in Section I.A., above, for OCR’s review and approval. 2. By October 17, 2014, a complete description of the planned methodology for conducting the survey, including how the survey will be distributed, the number of surveys to be distributed, any planned follow-up to the initial distribution of the survey, the names and contact information for the individual(s) who will evaluate the responses to the surveys, and the protocol for retaining a copy of any notes or other documents compiled during the review of the surveys. 3. By April 3, 2015, the University will provide OCR with a detailed report about the assessment conducted pursuant to Section I.B. of this Agreement. The report will include, at a minimum, the following information: a. Copies of any surveys or questionnaires administered under Section I.A.1. The results of those surveys and questionnaires, including but not limited to a complete description of the methodology used to conduct the survey, including how the survey was distributed, the number of surveys and questionnaires distributed and the number of responses, any follow-up to the initial distribution of the survey, the names and contact information for the individual(s) who evaluated the responses to the surveys and questionnaires and a copy of any notes or other documents compiled during the review of the surveys. b. A summary of sports and squads for members of the underrepresented sex that are not currently offered by the University that are offered by schools that compete within the athletic conferences in which the University competes and by schools that are within the University’s normal competitive region. c. Rates of participation by members of the underrepresented sex in club and intramural sports at the University. d. Rates of participation by members of the underrepresented sex in interscholastic sports that operate in the geographic areas from which the University draws its enrollment. e. Copies of any written requests made available and summaries of any non- written requests made by students or on behalf of students who are members of the underrepresented sex to add a particular sport or squad, or to elevate an existing club or intramural sport to intercollegiate sport status. f. Summaries of any assessments made during tryouts, or observations of students participating in club or intramural competition, and other information reflecting the ability of students who are members of the underrepresented sex to compete in a particular sport, prior participation in that sport or a similar sport at the high school level or intramural or club level, general athletic ability, participation in other University intercollegiate sports, the nature of the particular sport, and other relevant factors. g. Any other information that was considered by the University as part of its assessment in determining whether it is fully and effectively accommodating the athletic interests and abilities of members of the underrepresented sex.

DEMONSTRATION OF CURRENT COMPLIANCE. The University agrees to provide participation opportunities in its intercollegiate athletics program for female and male students that equally and effectively accommodate the athletic interests and abilities of members of both sexes, consistent with the requirements of Title IX, the Title IX implementing regulation at 34 C.F.R. § 106.41(c)(1), and applicable the following OCR policiespolicy documents: OCR “Dear Colleague” Letters (April 20, 2010; September 17, 2008; July 11, 2003; and January 16, 1996); and December 11, 1979, A Policy Interpretation: Title IX Intercollegiate Athletics. Accordingly, the University plans to demonstrate compliance with the Three-Part test used by OCR to assess whether the interests and abilities of members of both sexes are being effectively accommodated to the extent necessary to provide an equal opportunity to participate in intercollegiate athletics by documenting that the interests and abilities of students who are members of the underrepresented sex have been fully and effectively accommodated by the University’s current intercollegiate athletics program (Part 3 of the “Three-Part Test”) by the dates set forth in Part Section II, actions to increase athletic opportunitiesActions To Increase Athletic Opportunities. Each part of the Three-Part Test is an equally sufficient and separate method of complying with the Title IX regulatory requirement to provide nondiscriminatory athletic participation opportunities. The University has elected to demonstrate compliance by meeting Part 3 but continues to have the option to choose the part of the Three-Part Test with which it will comply. If the University determines that the intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments, the University will notify OCR. In determining substantial proportionality, the University agrees that: a. Enrollment rates will be calculated using the full-time undergraduate enrollment numbers headcount by sex; and b. The participation rates of female and male students will reflect the total number of females and males listed on the NCAA squad list for each intercollegiate sport on the date of the first competition for each sport. The participation rates should not include participants in intramural, club or noncompetitive athletic activities. A. Accommodation of student interests and abilities 1. A survey of students and admitted students or other information collected from students and admitted students using a method that is designed to fully and accurately assess unmet athletic interests and abilities in intercollegiate sports among members of the underrepresented sex. A copy of the draft survey will be submitted to OCR for its review and approval before being distributed to students. The University will make such revisions and improvements to the survey as advised by OCR. Upon OCR’s written approval, the University shall administer the survey, endeavoring to generate as high a response rate as possible. 2. Identification of sports, squads, and levels of sports for members of the underrepresented sex that are not currently offered by the University but are offered by schools that compete within the athletic conferences in which the University competes and by schools that are within the University’s normal competitive region. 3. Review of any requests (whether oral or written, formal or informal) made to University administrators, coaches, or staff by or on behalf of students and admitted students who are members of the underrepresented sex to add a particular sport, squad, or level of sport, or to elevate an existing club or intramural sport to intercollegiate sport status. This assessment or review may be limited to requests that were received during the previous three complete academic years. 4. Assessments made by University coaches or staff during tryouts, or observations of students participating in club or intramural competition, and other information reflecting the ability of students and admitted students who are members of the underrepresented sex to compete in a particular sport, prior participation in that sport or a similar sport at the high school level or intramural or club level, general athletic ability, participation in other University intercollegiate sports, the nature of the particular sport, and other relevant factors. (Neither a poor competitive record, nor the inability of interested students or admitted students to play at the same level of competition engaged in by the University’s other athletes is conclusive evidence of lack of ability. For the purposes of assessing ability, it is sufficient that interested students and admitted students have the potential to sustain an intercollegiate team.) 5. Participation in interscholastic sports by admitted students and participation rates in sports in high schools, amateur athletic associations, and community sports leagues that operate in areas from which the University draws its students. 6. Any other documented information that demonstrates the athletic interests and abilities of the University’s students who are members of the underrepresented sex. 7. Where interest and ability in an intercollegiate sport not currently offered by the University is identified, the assessment will also consider whether there is a reasonable expectation of intercollegiate competition in the University’s normal competitive region in that sport. B. I&A REPORTING REQUIREMENT (PART I) 1. By October 17, 2014, a copy of the draft survey referenced in Section I.A., above, for OCR’s review and approval. 2. By October 17, 2014, a complete description of the planned methodology for conducting the survey, including how the survey will be distributed, the number of surveys to be distributed, any planned follow-up to the initial distribution of the survey, the names and contact information for the individual(s) who will evaluate the responses to the surveys, and the protocol for retaining a copy of any notes or other documents compiled during the review of the surveys. 3. By April 3, 2015, the University will provide OCR with a detailed report about the assessment conducted pursuant to Section I.B. of this Agreement. The report will include, at a minimum, the following information: a. Copies of any surveys or questionnaires administered under Section I.A.1. The results of those surveys and questionnaires, including but not limited to a complete description of the methodology used to conduct the survey, including how the survey was distributed, the number of surveys and questionnaires distributed and the number of responses, any follow-up to the initial distribution of the survey, the names and contact information for the individual(s) who evaluated the responses to the surveys and questionnaires and a copy of any notes or other documents compiled during the review of the surveys. b. A summary of sports and squads for members of the underrepresented sex that are not currently offered by the University that are offered by schools that compete within the athletic conferences in which the University competes and by schools that are within the University’s normal competitive region. c. Rates of participation by members of the underrepresented sex in club and intramural sports at the University. d. Rates of participation by members of the underrepresented sex in interscholastic sports that operate in the geographic areas from which the University draws its enrollment. e. Copies of any written requests made available and summaries of any non- written requests made by students or on behalf of students who are members of the underrepresented sex to add a particular sport or squad, or to elevate an existing club or intramural sport to intercollegiate sport status. f. Summaries of any assessments made during tryouts, or observations of students participating in club or intramural competition, and other information reflecting the ability of students who are members of the underrepresented sex to compete in a particular sport, prior participation in that sport or a similar sport at the high school level or intramural or club level, general athletic ability, participation in other University intercollegiate sports, the nature of the particular sport, and other relevant factors. g. Any other information that was considered by the University as part of its assessment in determining whether it is fully and effectively accommodating the athletic interests and abilities of members of the underrepresented sex.

DEMONSTRATION OF CURRENT COMPLIANCE. The University agrees to provide participation opportunities in its intercollegiate athletics program for female and male students that equally and effectively accommodate the athletic interests and abilities of members of both sexes, consistent with the requirements of Title IX, the Title IX implementing regulation at 34 C.F.R. § 106.41(c)(1), and applicable OCR policies. Accordingly, the University plans to demonstrate compliance with the Three-Part test used by OCR to assess whether the interests and abilities of members of both sexes are being effectively accommodated to the extent necessary to provide an equal opportunity to participate in intercollegiate athletics by documenting that the interests and abilities of students who are members of the underrepresented sex have been fully and effectively accommodated by the University’s current intercollegiate athletics program (Part 3 of the “Three-Part Test”) by the dates set forth in Part II, actions to increase athletic opportunities. Each part of the Three-Part Test is an equally sufficient and separate method of complying with the Title IX regulatory requirement to provide nondiscriminatory athletic participation opportunities. The University has elected to demonstrate compliance by meeting Part 3 but continues to have the option to choose the part of the Three-Part Test with which it will comply. If the University determines that the intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments, the University will notify OCR. In determining substantial proportionality, the University agrees that: a. Enrollment rates will be calculated using the full-time undergraduate enrollment numbers by sex; and b. The participation rates of female and male students will reflect the total number of females and males listed on the NCAA squad list for each intercollegiate sport on the date of the first competition for each sport. The participation rates should not include participants in intramural, club or noncompetitive athletic activities. A. Accommodation of student interests and abilities 1. A survey of students and admitted students or other information collected from students and admitted students using a method that is designed to fully and accurately assess unmet athletic interests and abilities in intercollegiate sports among members of the underrepresented sex. A copy of the draft survey will be submitted to OCR for its review and approval before being distributed to students. The University will make such revisions and improvements to the survey as advised by OCR. Upon OCR’s written approval, the University shall administer the survey, endeavoring to generate as high a response rate as possible. 2. Identification of sports, squads, and levels of sports for members of the underrepresented sex that are not currently offered by the University but are offered by schools that compete within the athletic conferences in which the University competes and by schools that are within the University’s normal competitive region. 3. Review of any requests (whether oral or written, formal or informal) made to University administrators, coaches, or staff by or on behalf of students and admitted students who are members of the underrepresented sex to add a particular sport, squad, or level of sport, or to elevate an existing club or intramural sport to intercollegiate sport status. This assessment or review may be limited to requests that were received during the previous three complete academic years. 4. Assessments made by University coaches or staff during tryouts, or observations of students participating in club or intramural competition, and other information reflecting the ability of students and admitted students who are members of the underrepresented sex to compete in a particular sport, prior participation in that sport or a similar sport at the high school level or intramural or club level, general athletic ability, participation in other University intercollegiate sports, the nature of the particular sport, and other relevant factors. (Neither a poor competitive record, nor the inability of interested students or admitted students to play at the same level of competition engaged in by the University’s other athletes is conclusive evidence of lack of ability. For the purposes of assessing ability, it is sufficient that interested students and admitted students have the potential to sustain an intercollegiate team.) 5. Participation in interscholastic sports by admitted students and their participation rates in sports in high schools, amateur athletic associations, and community sports leagues that operate in areas from which the University draws its students. 6. Any other documented information that demonstrates the athletic interests and abilities of the University’s students who are members of the underrepresented sex. 7. Where interest and ability in an intercollegiate sport not currently offered by the University is identified, the assessment will also consider whether there is a reasonable expectation of intercollegiate competition in the University’s normal competitive region in that sport. B. I&A REPORTING REQUIREMENT (PART I) 1. By October 17, 2014, a copy of the draft survey referenced in Section I.A., above, for OCR’s review and approval. 2. By October 17, 2014, a complete description of the planned methodology for conducting the survey, including how the survey will be distributed, the number of surveys to be distributed, any planned follow-up to the initial distribution of the survey, the names and contact information for the individual(s) who will evaluate the responses to the surveys, and the protocol for retaining a copy of any notes or other documents compiled during the review of the surveys. 3. By April 3, 2015, the University will provide OCR with a detailed report about the assessment conducted pursuant to Section I.B. of this Agreement. The report will include, at a minimum, the following information: a. Copies of any surveys or questionnaires administered under Section I.A.1. The results of those surveys and questionnaires, including but not limited to a complete description of the methodology used to conduct the survey, including how the survey was distributed, the number of surveys and questionnaires distributed and the number of responses, any follow-up to the initial distribution of the survey, the names and contact information for the individual(s) who evaluated the responses to the surveys and questionnaires and a copy of any notes or other documents compiled during the review of the surveys. b. A summary of sports and squads for members of the underrepresented sex that are not currently offered by the University that are offered by schools that compete within the athletic conferences in which the University competes and by schools that are within the University’s normal competitive region. c. Rates of participation by members of the underrepresented sex in club and intramural sports at the University. d. Rates of participation by members of the underrepresented sex in interscholastic sports that operate in the geographic areas from which the University draws its enrollment. e. Copies of any written requests made available and summaries of any non- written requests made by students or on behalf of students who are members of the underrepresented sex to add a particular sport or squad, or to elevate an existing club or intramural sport to intercollegiate sport status. f. Summaries of any assessments made during tryouts, or observations of students participating in club or intramural competition, and other information reflecting the ability of students who are members of the underrepresented sex to compete in a particular sport, prior participation in that sport or a similar sport at the high school level or intramural or club level, general athletic ability, participation in other University intercollegiate sports, the nature of the particular sport, and other relevant factors. g. Any other information that was considered by the University as part of its assessment in determining whether it is fully and effectively accommodating the athletic interests and abilities of members of the underrepresented sex.