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Subjects › Parks and Recreation › Community Athletics Programs Nondiscrimination Policies
Updated 12/2009

Community Athletics Programs Nondiscrimination Policies

Contents

Introduction

In 2009, the State Legislature enacted Engrossed Substitute Senate Bill 5967 (ESSB 5967 (Adobe Acrobat Document), Ch. 467 Laws of 2009, to help better ensure non-discrimination with regard to community athletics programs. The legislation is now codified at RCW 49.60.500 & 49.60.505, and 35.21.910 (for cities), and RCW 36.01.280 (for counties). The basic requirements are clearly spelled out in RCW 49.60.505. The legislation requires that a nondiscrimination policy must be adopted by January 1, 2010, and must be published and disseminated.

Legislative Background

Title IX of the Education Amendments of 1972 is a federal statute created to prohibit sex discrimination in education programs that receive federal financial assistance. Nearly every educational institution is a recipient of federal funds, and therefore is required to comply with Title IX. In 1975 Washington adopted its own Title IX legislation in RCW 28A.640.010, which prohibits inequality in the educational opportunities afforded women and girls at all levels of public schools in Washington State. This legislation, Ch. 467 L09, was needed to extend the protection of Title IX to opportunities in community athletic programs. Final Bill Report for Ch. 467 L 09 (ESSB 5967)

Text of RCW 49.60.505 --Community athletics programs -- Nondiscrimination policy required.

(1) By January 1, 2010, each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities shall adopt a policy that specifically prohibits discrimination against any person on the basis of sex in the operation, conduct, or administration of community athletics programs for youth or adults.

(2) It is the responsibility of each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities to publish and disseminate this policy. At a minimum, the nondiscrimination policy should be included in any publication that includes information about the entity's own athletics programs, or about obtaining a permit for operating athletics programs and on the appropriate city, town, county, or district website.

(3) School districts issuing permission to a third party for the operation of a community athletics program on its facilities shall also follow the provisions of this section but may modify and use existing school district policies and procedures to the extent that is possible. Nothing in this section may be construed to require school districts to monitor compliance, investigate complaints, or otherwise enforce school district policies as to third parties using school district facilities.

(4) Every city, town, county, or district covered by this section should also publish the name, office address, and office telephone number of the employee or employees responsible for its efforts to comply with and carry out its responsibilities under chapter 467, Laws of 2009.

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