Title IX Complaint May Bring Change
Lessons to Be Learned in Long SMS Legal Saga

published November 15, 2004 in News-Leader, Springfield, MO

Sports should be a source of pride for a school. Unfortunately, that's not the case with all of Southwest Missouri State University's sports teams and facilities. Specifically, the school's softball team plays on an outdated field that needs lights, warm-up areas, good irrigation and draining systems and a good scoreboard. Bears softball coach Holly Hesse said some high schools in the Ozarks have better softball facilities than SMS. That is a mark of shame.
 
This is currently a part of the public discussion because former SMS sports booster Joyce Mahoney has filed a Title IX complaint against the school alleging the school is violating federal law by providing inferior facilities for female athletes.
 
Title IX is a federal law that prohibits sex discrimination at schools that receive federal funds. This is Mahoney's second Title IX complaint against the university. Her first one, filed three years ago, charged that the university did not provide equal athletic opportunities to its female students. The U.S. Department of Education's Office of Civil Rights, the agency that oversees these cases, has not made a ruling on the first complaint. The fate of this second complaint is unknown.
 
The merits of Title IX can be debated. SMS officials say the school has not violated the law. We are not in a position to make an opinion on that.
 
However, there are several lessons we should take away from the continuing saga of Mahoney vs. SMS.
 
• There's a thin line between love and hate. We don't suggest that Mahoney hates SMS, but it's important to remember she was once a financial backer of the institution. Mahoney's view of a clash between former women's basketball coach Cheryl Burnett and athletic director Bill Rowe soured her on the university. Mahoney feels — correctly or incorrectly — that Burnett wasn't treated fairly.
 
• Mahoney does have supporters. In fighting the battle for women's sports against SMS, Mahoney has made plenty of enemies. But she gets positive feedback, too.
"A lot of men come up to me and say, 'Hang in there,'" she told a reporter. "They have daughters in sports who want equality." Women now compete in sports at the highest levels and they should have the support of their schools and communities.
 
• SMS can improve but not alone. In the past, women's sports clearly weren't a top priority for SMS. They're improving, but money is an issue.
 
When Southern Illinois University faced a similar Title IX complaint, it built a state-of-the-art softball complex. One of the sources of funding was a major contribution from a businessman.
 
Before Hammons Field was built, the SMS baseball team played at antiquated Meador Park or traveled to the next county to play at the Ozark minor-league park.
 
Sports — both men's and women's --are important to a school and its identity. Mahoney may not be right on all of her points. But her courage to raise these issues will ultimately be good for all of our daughters — and our sons. No one wins when there is unequal treatment.