You are looking at ONE example of a policy interpretation provided by the DOE.
The Title IX regulation also permits OCR to consider other factors in determining whether there is equal opportunity. Accordingly, the Policy Interpretation added recruitment of student athletes and provision of support services, since these factors can affect the overall provision of equal opportunity to male and female athletes.
The Policy Interpretation clarifies that institutions must provide equivalent treatment, services, and benefits regarding these factors.
The overall equivalence standard allows institutions to achieve their own program goals within the framework of providing equal athletic opportunities. To determine equivalency for men's and women's athletic programs, each of the factors is assessed by comparing the following:
- availability;
- quality;
- kind of benefits;
- kind of opportunities; and
- kind of treatment.
Under this equivalency standard, identical benefits, opportunities, or treatment are not required. For example, locker facilities for a women's team do not have to be the same as for a men's team, as long as the effect of any differences in the overall athletic program are negligible.
It is about opportunity provided, has nothing to do with Equal dollars or Equal scholarships nor Equal facilities. Universities are able to interpret the POLICY any way they choose if they can provide the DOE a reasonable explanation as to why they believe they are in compliance.