Loading...
HomeMy WebLinkAboutCAP 2010-01-25 Item 2B - Discussion - Gender Equity PolicyCity of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Dave Johnson, Recreation Superintendent 29 DATE: January 19, 2010 SUBJECT: Community Athletics Program Non Discrimination Policy CC: Steve Lancaster, City Administrator TO: ISSUE Washington State Legislature passed Engrossed Substitute Senate Bill (ESSB) 5967 during the 2009 session. The key provisions of ESSB 5967 require that by January 1, 2010, local parks officials adopt non discrimination policies to ensure gender equity. The attached policy meets these provisions. BACKGROUND Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act is a federal statute prohibiting sex discrimination in education programs that receive federal financial assistance. Nearly all educational institutions receive federal funds and are therefore required to comply with Title IX. In 1975, Washington adopted its own Title IX legislation RCW 28A.640.010, which prohibits inequality in the educational opportunities afforded to women and girls at all levels of public schools in Washington State. RECOMMENDATION Information Only Jim Haggerton, Mayor Until the passage of ESSB 5967, neither of the above extended protection to opportunities in community athletic programs. Athletic opportunities offered in community athletic programs provide innumerable benefits to participants, including better physical and psychological health, responsible social behaviors, and enhanced interpersonal skills. ESSB 5967 requires cities to adopt a policy that prohibits discrimination against any person on the basis of sex in the operation, conduct, and administration of community athletic programs; to publish such policies; to disseminate such policies to third parties that sign agreements and /or contracts to use community athletic fields; and to publish the name and address and phone number of the person or persons responsible for implementing the non discrimination policy. DISCUSSION Policy development on this topic came about through training via the Washington Recreation and Parks Association. This policy and the accompanying language have been reviewed by the City Attorney, City Administrator, and falls in line with other municipal park and recreation departments. The "informational language" has already been implemented into our Rental Contracts for athletic facilities. We are working to implement the language into the Department's webpage, our Rental Information Packets, the next edition of the Recreation Brochure, and all relevant and appropriate promotional material. INFORMATIONAL MEMO Page 2 ATTACHMENTS 1. Engrossed Substitute Senate Bill 5967 2. City of Tukwila Community Athletics Program Non Discrimination Policy, approved January 1, 2010 3. Specific Language for promotional material, contracts, and website. W:12010 InfoMemos\Gender Equity Policy 1.19.10.doc Governor of the State of Washington CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE SENATE BILL 5967 61st Legislature 2009 Regular Session Passed by the Senate April 21, 2009 CERTIFICATE YEAS 44 NAYS 3 I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5967 as passed by the Senate and the House of Representatives on the dates hereon set forth. President of the Senate Passed by the House April 8, 2009 YEAS 67 NAYS 31 Speaker of the House of Representatives Approved FILED Secretary Secretary of State State of Washington State of Washington READ FIRST TIME 02/24/09. ENGROSSED SUBSTITUTE SENATE BILL 5967 AS AMENDED BY THE HOUSE Passed Legislature 2009 Regular Session 61st Legislature 2009 Regular Session By Senate Government Operations Elections (originally sponsored by Senators Kohl Welles, Fairley, Fraser, McAuliffe, and Kline) 1 AN ACT Relating to prohibiting unfair practices in public community 2 athletics programs by prohibiting discrimination on the basis of sex; 3 adding new sections to chapter 49.60 RCW; adding a new section to 4 chapter 35.21 RCW; adding a new section to chapter 35.61 RCW; adding a 5 new section to chapter 35A.21 RCW; adding a new section to chapter 6 36.01 RCW; adding a new section to chapter 36.68 RCW; adding a new 7 section to chapter 36.69 RCW; and creating a new section. 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 9 NEW SECTION. Sec. 1. The legislature finds and declares: 10 On June 23, 1972, President Richard Nixon signed into law Title IX 11 of the Education Amendments of 1972 to the 1964 Civil Rights Act. This 12 landmark legislation provides that: "No person in the United States 13 shall, on the basis of sex, be excluded from participation in, be 14 denied the benefits of, or be subjected to discrimination under any 15 education program or activity receiving Federal financial 16 assistance...." Title IX has expanded opportunities for males as well 17 as females in educational programs and activities, including ensuring 18 access to athletic opportunities for girls and women in educational 19 institutions and to male and female staff to coaching and athletics p. 1 ESSB 5967.PL 1 administrative positions in educational institutions. The dramatic 2 increases in participation rates at both the high school and college 3 levels since Title IX was passed show that when doors are opened to 4 women and girls, they will participate. 5 Further, ensuring equality in the state of Washington, the 6 legislature passed an amendment to the state Constitution, ratified by 7 the voters in November 1972, providing "Equality of rights and 8 responsibilities under the law shall not be denied or abridged on 9 account of sex." In 1975, Washington continued to be at the forefront 10 of this issue by adopting legislation that established our own 11 statutory version of the federal Title IX law that prohibited 12 "inequality in the educational opportunities afforded women and girls 13 at all levels of the public schools in Washington state." 14 Athletic opportunities provide innumerable benefits to 15 participants, including greater academic success, better physical and 16 psychological health, responsible social behaviors, and enhanced 17 interpersonal skills. Athletic scholarships make it possible for some 18 young people to attend college. The Washington state legislature, 19 recognizing the importance of full participation in athletics, has 20 passed numerous bills directed at achieving equity and eliminating 21 discrimination in intercollegiate athletics in the state's institutions 22 of higher education. 23 Despite advances in educational settings and efforts by some local 24 agencies to expand opportunities in community athletics programs, 25 discrimination still exists that limits these opportunities. It is the 26 intent of the legislature to expand and support equal participation in 27 athletics programs, and provide all sports programs equal access to 28 facilities administered by cities, towns, counties, metropolitan park 29 districts, park and recreation service areas, or park and recreation 30 districts. 31 Nothing in this act is intended to affect the holding in the 32 Washington state supreme court's ruling in Darrin v. Gould, 85 Wn.2d 33 859, 540 P.2d 882 (1975) and its progeny that held it is not acceptable 34 to discriminate in contact sports on the basis of sex. 35 NEW SECTION. Sec. 2. (1) No city, town, county, or district may 36 discriminate against any person on the basis of sex in the operation, 37 conduct, or administration of community athletics programs for youth or ESSB 5967.PL p. 2 1 adults. A third party receiving a lease or permit from a city, town, 2 county, district, or a school district, for a community athletics 3 program also may not discriminate against any person on the basis of 4 sex in the operation, conduct, or administration of community athletics 5 programs for youth or adults. 6 (2) The definitions in this subsection apply throughout this 7 section. 8 (a) "Community athletics program" means any athletic program that 9 is organized for the purposes of training for and engaging in athletic 10 activity and competition and that is in any way operated, conducted, 11 administered, or supported by a city, town, county, district, or school 12 district other than those offered by the school and created solely for 13 the students by the school. 14 (b) "District" means any metropolitan park district, park and 15 recreation service area, or park and recreation district. 16 NEW SECTION. Sec. 3. (1) By January 1, 2010, each city, town, 17 county, or district operating a community athletics program or issuing 18 permission to a third party for the operation of such program on its 19 facilities shall adopt a policy that specifically prohibits 20 discrimination against any person on the basis of sex in the operation, 21 conduct, or administration of community athletics programs for youth or 22 adults. 23 (2) It is the responsibility of each city, town, county, or 24 district operating a community athletics program or issuing permission 25 to a third party for the operation of such program on its facilities to 26 publish and disseminate this policy. At a minimum, the 27 nondiscrimination policy should be included in any publication that 28 includes information about the entity's own athletics programs, or 29 about obtaining a permit for operating athletics programs and on the 30 appropriate city, town, county, or district web site. 31 (3) School districts issuing permission to a third party for the 32 operation of a community athletics program on its facilities shall also 33 follow the provisions of this section but may modify and use existing 34 school district policies and procedures to the extent that is possible. 35 Nothing in this section may be construed to require school districts to 36 monitor compliance, investigate complaints, or otherwise enforce school 37 district policies as to third parties using school district facilities. p. 3 ESSB 5967.PL 1 (4) Every city, town, county, or district covered by this section 2 should also publish the name, office address, and office telephone 3 number of the employee or employees responsible for its efforts to 4 comply with and carry out its responsibilities under this act. 5 NEW SECTION. Sec. 4. A new section is added to chapter 35.21 RCW 6 to read as follows: 7 The antidiscrimination provisions of section 2 of this act apply to 8 community athletics programs and facilities operated, conducted, or 9 administered by a city or town. 10 NEW SECTION. Sec. 5. A new section is added to chapter 35.61 RCW 11 to read as follows: 12 The antidiscrimination provisions of section 2 of this act apply to 13 community athletics programs and facilities operated, conducted, or 14 administered by a metropolitan park district. 15 NEW SECTION. Sec. 6. A new section is added to chapter 35A.21 RCW 16 to read as follows: 17 The antidiscrimination provisions of section 2 of this act apply to 18 community athletics programs and facilities operated, conducted, or 19 administered by a code city. 20 NEW SECTION. Sec. 7. A new section is added to chapter 36.01 RCW 21 to read as follows: 22 The antidiscrimination provisions of section 2 of this act apply to 23 community athletics programs and facilities operated, conducted, or 24 administered by a county. 25 NEW SECTION. Sec. 8. A new section is added to chapter 36.68 RCW 26 to read as follows: 27 The antidiscrimination provisions of section 2 of this act apply to 28 community athletics programs and facilities operated, conducted, or 29 administered by a park and recreation service area. 30 NEW SECTION. Sec. 9. A new section is added to chapter 36.69 RCW 31 to read as follows: ESSB 5967.PL p. 4 1 The antidiscrimination provisions of section 2 of this act apply to 2 community athletics programs and facilities operated, conducted, or 3 administered by a park and recreation district. 4 NEW SECTION. Sec. 10. Sections 2 and 3 of this act are each added 5 to chapter 49.60 ROW. END p. 5 ESSB 5967.PL Tukwila Parks Recreation Policy Procedure Manual ectnre cF:%e`y eves COMMUNITY ATHLETICS PROGRAM NON DISCRIMINATION POLICY January 1, 2010 New Bruce Fletcher, Parks and Recreation Director PURPOSE OF POLICY: To establish policy and procedure to provide equal access to public Community Athletic Programs and Sports Facilities by prohibiting discrimination on the basis of sex (gender). DEFINITIONS Department Tukwila Parks and Recreation Department Wz REFERENCES: Washington State Law ESSB 5967 GENERAL ADMINISTRATION Section 200 POLICY STATEMENT: 200.13.01 The City of Tukwila doesNot disc n,, mate against any person on the basis of sex in the operation, conduct, or administration of_tCorrimunity Athletic Programs or :Sports Facilities. 200.13 January 1, 2010 Community Athletic Programs Any athletic program is; organized for the.purpose training for in athletic activity and competition that is in anyway operated, ,conducted, administered,, or supported Tukwila. k Sports Facilities Any property; owned, operated scheduled _or maintained by the Tukwila for the purpose of engaging in athletic activity or competition: and engaging by the City of PROCEDURE(S): r 0-f_ w .j 1. Community Athletic Programs administered <b the;Department will the operated in a broad -based manner that promotes equal opportunities' for- females and males:based on the proportional gender make -up of the City of Tukwila. 2. The Department will schedule Community Athletic Programs at its Sports Facilities in a manner that provides equal access to such facilities. 3. The Department will discuss with third parties providing Community Athletic Programs at Department Sports Facilities the status of their programs related to the administration of this policy. The Department will not issue a lease or permit for use of any Sports Facility to a third party that discriminates against any person on the basis of sex in the operation, conduct, or administration of community athletic program. 4. The Department identifies the Responsible Official for administration of this policy as the Recreation Superintendent located at the Tukwila Community Center, 12424 42 Avenue South, Tukwila, WA 98168, telephone 206 768 -2822, email tukparks(a�ci.tukwila.wa.us 5. The Department will publish and disseminate this policy and the Responsible Official on the City's website as well as in all City publications that contain information about Community Athletic Programs or City Facilities operated or administered by the City. 6. Grievance Procedures A person may submit a grievance to the Responsible Official if said person believes that the City, in implementing this Policy, has not demonstrated, over time, a good faith effort to achieve the policy listed here. The grievance must be in writing, signed by the grievant, and include the following information: a. Name of person submitting the grievance b. Name of person on whose behalf the grievance is submitted. c. Grievant contact information (mailing address, day and evening phone number, and email address) d. Current date e. Date(s) and location(s) associated with the grievance f. Grievance description including name of the person and/or organization related to the grievance g. Actions taken to date, if any, by the grievant to resolve the grievance The Responsible Official will review a completed grievance within fifteen (15) business days of the submittal. A written response, including findings of fact and course of action, if any, will then be sent to the grievant unless the grievance is resolved to the satisfaction of the grievant during the review period. The grievant may appeal the Responsible Official's findings and course of action (based on the issues raised in the original grievance submittal) to the Parks and Recreation Director within fifteen (15) business days after receipt of the Responsible Official's -respo`nse:= =:The Parks and Recreation Director will have fifteen (15) business days to 1),affirm or modify theSResponsibleOfficial's written response; and 2) forward such decision to the grievant. No other administrative appeal"is allowed, under this policy,.,", Language for Rec. Brochure promo material for all Citv- sponsored Athletics Programs: The City of Tukwila complies with the State of Washington's "Fair Play in Community Sports Act" that prohibits discrimination against any person in a community athletics program on the basis of sex. Please direct questions or comments to Dave Johnson, Recreation Superintendent. Lanquaae to be added to Rental Information Packet The City of Tukwila complies with the State of Washington's "Fair Play in Community Sports Act" that prohibits discrimination against any person in a community athletics program on the basis of sex. Third parties that request use and receive permit for use of City Sports Facilities for Community Sports Programs may not discriminate against any person on the basis of sex in the operation, conduct, or administration of the programs. Please direct questions or comments to Dave Johnson, Recreation Superintendent. Language to be added to Rental Contracts (at the end of the AUTHORIZATION): Furthermore, I agree that i/We comply with the State of Washington's "Fair Play in Community Sports Act" and do not discriminate against any person on the basis of sex in the operation, conduct, or administration of our program, and will provide information to the City upon their request related to this. Language to be added to City Website The City of Tukwila complies with the State of Washington's "Fair Play in Community Sports Act" that prohibits discrimination against any person in a community athletics program on the basis of sex. Please direct questions or comments to Dave Johnson, Recreation Superintendent, 12424 42 Avenue South, Tukwila, WA 98168, 206- 768 -2822, tukoarks(Wci.tukwila.wa.us If you feel the City has not demonstrated, over time, a good faith effort to achieve this policy, you may file a grievance using the following process: 1. Submit grievance to the Responsible Official listed above. 2. The written grievance must be signed by the grievant, and include the following: a) Name of person submitting the grievance b) Name of person on whose behalf the grievance is submitted c) Grievant contact information including mailing address, day phone, evening phone, and email address d) Current Date e) Date(s) and location(s) associated with the grievance Grievance description including name of the person and /or organization related to the grievance g) Action taken to date, if any, by the grievant to resolve the grievance. 3. The Responsible Official will review the grievance within fifteen (15) business days of the submittal. A written response, including findings of fact and course of action, if any, will be sent to the grievant unless the grievance is resolved to the satisfaction of the grievant during the review period. 4. The grievant may appeal the Responsible Official's findings and course of action (based on the issues raised in the original grievance submittal) to the Parks and Recreation Director within fifteen (15) business days after receipt of the response. The Director will have fifteen (15) business days to: 1) affirm or modify the Responsible Official's written response; and 2) forward such decision to the grievant. 5. No other administrative appeal is allowed under this policy.