,,ii #aaith ,,congress #ast ,session ,s4 #edc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ab1 #bjbe,mr4 ,murphy 7for himself1 ,mr4 ,blumenthal1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to prohibit certain discrimination against athletes on the basis of sex by ,state athletic associations1 intercollegiate athletic associations1 and covered institutions of higher education1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fair ,play for ,women ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,more than #ej years ago1 ,congress passed title ,,ix of the ,education ,amendments of #aigb 7referred to in this section as title ,,ix71 helping to transform participation in and support for women's sports by barring discrimination on the basis of sex in all schools that receive ,federal funding1 including in their athletic programs4 7#b7 ,since the passage of title ,,ix1 millions more women and girls have had the opportunity to compete in school-based athletics4 ,in high school athletics1 athletic participation opportunities have increased from nearly #cjj1jjj in #aigb to more than #c1djj1jjj in #bjai4 ,in intercollegiate athletics1 opportunities have increased from nearly #cj1jjj in #aigb to #bae1jjj in #bjbj on teams sponsored by institutions who are members of the ,national ,collegiate ,athletic ,association 7referred to in this section as the ,,ncaa74 7#c7 ,despite progress1 women and girls still face unequal opportunities and unfair treatment in school-based athletics4 ,in high school athletics1 girls have over #a1jjj1jjj fewer athletic opportunities than boys1 with schools providing girls with #dc percent of all athletic opportunities while girls represent nearly half of all students4 ,in intercollegiate athletics1 colleges would need to provide women with an additional #adh1jjj sports opportunities to match the same ratio of sports opportunities per student as is offered to men4 ,overall1 girls still do not have the participation opportunities provided to boys before the enactment of title ,,ix1 over #ej years ago4 7#d7 ,girls of color are often most impacted by unequal resources and unfair treatment4 ,at high schools predominantly attended by white students1 girls have #hb percent of the opportunities that boys have to play sports1 while at high schools predominantly attended by students of color1 girls have only #fg percent of the opportunities that boys have to play sports4 7#e7 ,as part of title ,,ix athletics requirements1 schools can show they are compliant by providing athletic participation opportunities for men and women that are substantially proportionate to their respective enrollment rates4 ,yet1 a ,government ,accountability ,office report from #bjbd found that #ic percent of all colleges had athletic participation rates for women that were lower than their enrollment rate at the colleges4 ,at #fc percent of colleges1 women's athletic participation rates were at least #aj percentage points lower than their enrollment rates4 ,overall1 the athletic participation rate for collegiate women was #ad percent less than their enrollment rate4 ,despite widespread noncompliance with title ,,ix athletics requirements1 no college has ever had ,federal funding rescinded nor been sued by the ,federal government for noncompliance4 7#f7 ,the magnitude of current gaps in intercollegiate athletics participation opportunities is likely undercounted1 as investigations of intercollegiate athletics data have found that the majority of ,,ncaa member institutions inflate the number of women participating in sports by double- and triple-counting women athletes who participate in more than one sport more often than the institutions double- and triple-count their counterparts who are men1 counting men who are practice players on women's teams as women athletes1 and packing women's teams with extra players who never end up competing4 7#g7 ,women and girls in sports also face unfair treatment4 ,they are frequently provided worse facilities1 equipment1 and uniforms than men and boys1 and they receive less financial support and publicity from their schools4 ,in the #bjai-bjbj academic year1 women received #beb1jjj1jjj less than men in athletic-based scholarships1 and for every dollar colleges spent on recruiting1 travel1 and equipment for men's sports1 they spent #eh cents1 #fb cents1 and #gc cents1 respectively1 for women's sports4 7#h7 ,amid ongoing unfair treatment1 athletes and athletics-related staff too often are unaware of the rights and obligations provided by title ,,ix4 ,in surveys of children and their parents1 the majority report not knowing what title ,,ix is4 ,a study conducted by the ,government ,accountability ,office in #bjag found that most high school athletic administrators were unaware of who their title ,,ix coordinator was or felt unsupported by their title ,,ix coordinator4 ,in intercollegiate athletics1 most coaches report that they never received formal training about title ,,ix as part of the preparation for their jobs4 #c4 ,purposes ,the purposes of this ,act are to-- 7#a7 address unfair and discriminatory treatment of women and girls in sports in elementary and secondary schools1 as well as institutions of higher education2 7#b7 improve the collection and transparency of data pertaining to participation in and support for women's and girls' sports at schools receiving ,federal financial assistance2 7#c7 ensure all students participating in athletics1 as well as those who work in school-sponsored athletics1 are aware of and understand the nondiscrimination rights of students related to their athletic opportunities2 and 7#d7 ensure all students have equal access to high-quality and supportive athletic opportunities4 #d4 ,definitions ,in this ,act3 7#a7 ,,esea terms ,the terms elementary school and secondary school have the meanings given those terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,collegiate ,the term collegiate1 used with respect to athletics1 means intramural and club-level athletics or other athletics1 in which all participants attend the same covered institution of higher education4 7#c7 ,covered institution of higher education ,the term covered institution of higher education means an entity that is described in section #ijh7b77;,a7 of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afhg7b77;,a77 and covered by section #ijh of those ,amendments 7#bj ,u4,s4,c4 #afhg74 7#d7 ,covered local educational agency ,the term covered local educational agency means such an agency that is described in section #ijh7b77;,b7 of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afhg7b77;,b77 and covered by section #ijh of those ,amendments4 7#e7 ,intercollegiate athletic association ,the term intercollegiate athletic association means any conference1 association1 or other group or organization1 established by or comprised of #b or more covered institutions of higher education1 that-- 7,a7 governs competitions among1 or otherwise exercises authority over intercollegiate athletics at1 such institutions of higher education who are members of or under the authority of the intercollegiate athletic association2 and 7,b7 is engaged in commerce or an industry or activity affecting commerce4 7#f7 ,state athletic association ,the term ,state athletic association means any association1 organization1 or other group1 established by or comprised of #b or more elementary schools or secondary schools that receive ,federal funding1 that governs competition among or otherwise exercises authority over elementary school1 secondary school1 or interscholastic athletics1 at such federally funded elementary schools or secondary schools4 7#g7 ,title ,,ix coordinator ,the term title ,,ix coordinator means the individual who coordinates the efforts of a covered school system to comply with and carry out the responsibilities of the covered local educational agency under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq474 #e4 ,discrimination by ,state and intercollegiate athletic associations1 local educational agencies1 and covered institutions of higher education 7a7 ,elementary or ,secondary ,school ,no ,state athletic association or covered local educational agency shall1 on the basis of sex1 subject any athlete to discrimination with respect to elementary school1 secondary school1 or interscholastic athletics1 including discrimination through-- 7#a7 the rules it sets for elementary school1 secondary school1 or interscholastic athletics2 7#b7 the sports-- 7,a7 required for membership in a ,state athletic association2 7,b7 competitions sponsored by the ,state athletic association or covered local educational agency1 respectively2 or 7,c7 championships sponsored by that association or agency2 or 7#c7 the location1 facilities1 or amenities provided for competitions or championships sponsored by that association or agency4 7b7 ,higher education 7#a7 ,in general ,no intercollegiate athletic association or covered institution of higher education shall1 on the basis of sex1 subject any athlete to discrimination with respect to intercollegiate or 7subject to paragraph 7#b77 collegiate athletics1 including discrimination through-- 7,a7 the rules it sets for intercollegiate athletics or collegiate athletics2 7,b7 the sports-- 7i7 required for membership in an intercollegiate athletic association1 or required for participation in collegiate athletics at a covered institution of higher education2 7ii7 competitions sponsored by the intercollegiate athletic association1 or collegiate athletic competitions sponsored by the covered institution of higher education2 or 7iii7 championships sponsored by the intercollegiate athletic association1 or collegiate athletic championships sponsored by the covered institution of higher education2 7,c7 the location1 facilities1 or amenities provided for competitions or championships sponsored by the intercollegiate athletic association1 or for collegiate athletic competitions or championships sponsored by the institution2 7,d7 the provision or arrangement for the provision of goods or services 7including benefits7 for competitions or championships sponsored by the intercollegiate athletic association1 or for collegiate athletic competitions or championships sponsored by such an institution2 or 7,e7 the distribution of revenues or other benefits to members of or such institutions under the authority of the intercollegiate athletic association1 or to teams1 clubs1 or other entities participating in collegiate athletics at the institution4 7#b7 ,limitation ,only a covered institution of higher education may be considered to have committed a violation of paragraph 7#a7 with respect to collegiate athletics4 7c7 ,private right of action 7#a7 ,in general ,an individual who seeks to participate1 participates1 or previously participated in athletics covered under subsection 7a7 or 7b71 offered under the authority of an intercollegiate athletic association or ,state athletic association1 or by a covered institution of higher education or covered local educational agency1 may bring an action in any ,federal or ,state court of competent jurisdiction against the athletic association1 institution1 or agency involved1 alleging a violation of this section4 7#b7 ,relief ,the court may award all legal or equitable relief that may be appropriate for such a violation4 ,the legal relief may include compensatory damages for all injuries1 including financial injuries1 unequal treatment1 emotional distress1 humiliation1 and pain and suffering1 as well as punitive damages1 attorney's fees1 and expert fees4 7d7 ,training 7#a7 ,associations ,each ,state athletic association or intercollegiate athletic association shall ensure that each employee of the ,state athletic association or intercollegiate athletic association receives1 at least once per year1 training on the provisions of this section1 including the rights delineated under this section and the procedures for bringing actions under this section4 7#b7 ,covered institutions of higher education ,each covered institution of higher education shall ensure that each employee of the institution with an employment function relating to collegiate athletics receives1 at least once per year1 such training4 7#c7 ,covered local educational agency ,each covered local educational agency shall ensure that each employee of the local educational agency with an employment function relating to athletics receives1 at least once per year1 such training4 #f4 ,expanding athletics disclosure requirements 7a7 ,institutions of higher education ,section #dhe7;g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;g77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a7-- 7i7 by inserting collegiate 7including intramural and club-level7 or before intercollegiate athletic program2 and 7ii7 by inserting collegiate and before intercollegiate athletics2 7,b7 in subparagraph 7,b71 by striking clause 7i7 and inserting the following3 7i7 ,the total number of participants1 by team4 2 7,c7 in subparagraph 7,c7-- 7i7 by striking ,the total amount and inserting the following3 7i7 ,the total amount2 and 7ii7 by adding at the end the following3 7ii7 ,for each men's and women's intercollegiate sport-- 7,i7 the total amount of athletically related student aid2 7,,ii7 the total number of athletically related scholarships1 and the average amount of such scholarships2 7,,iii7 the total number of athletically related scholarships that fund the full cost of tuition at the institution2 7,,iv7 the total number of athletically related scholarships that fund the full cost of attendance for the athlete2 7,v7 the total number of athletically related scholarships awarded for a period equal to or less than one year2 and 7,,vi7 the total number of athletically related scholarships awarded for a period equal to or greater than #d academic years4 2 7,d7 in subparagraph 7,e71 by inserting and disaggregated by each men's sport and each women's sport before the period at the end2 7,e7 in subparagraph 7,g71 by inserting 7which1 for purposes of this subparagraph1 includes compensation1 bonuses1 benefits1 and buyouts paid to coaches and reportable by the institution or related entities1 including booster clubs and foundations7 before of the head coaches of men's teams2 7,f7 in subparagraph 7,h71 by inserting 7which1 for purposes of this subparagraph1 includes compensation1 bonuses1 benefits1 and buyouts paid to coaches and reportable by the institution or related entities1 including booster clubs and foundations7 before of the assistant coaches of men's teams2 7,g7 in subparagraph 7,i7-- 7i7 by striking clause 7i7 and inserting the following3 7i7 ,the revenues from the institution's intercollegiate athletics activities1 in the aggregate and disaggregated by each men's sport and each women's sport1 including-- 7,i7 total revenues2 and 7,,ii7 each category of revenues described in clause 7ii74 2 and 7ii7 in clause 7ii7-- 7,i7 by inserting collegiate and before intercollegiate2 and 7,,ii7 by striking 1 and advertising1 but revenues and all that follows through the period at the end and inserting 1 advertising1 and1 to the extent practicable1 student activities fees and alumni contributions42 7,h7 by striking clause 7i7 of subparagraph 7,j7 and inserting the following3 7i7 ,the expenses made by the institution for the institution's intercollegiate athletics activities1 in the aggregate and disaggregated by each men's sport and each women's sport1 including-- 7,i7 total expenses2 and 7,,ii7 each category of expenses as described in clause 7ii74 2 and 7,i7 by adding at the end the following3 7,k7 ,the numbers of participants who participate in #a1 #b1 or #c intercollegiate sports at the institution1 in the aggregate and disaggregated by each men's sport and each women's sport4 7,l7 ,the total number of men that practice on women's intercollegiate teams1 in the aggregate and disaggregated by each women's sport4 7,m7 ,information regarding race and ethnicity for athletes and coaches 7including assistant coaches71 in the aggregate and disaggregated by each men's sport and each women's sport4 7,n7 ,the number of male students1 and the number of female students1 participating in collegiate 7including intramural and club7 sports at the institution4 7,o7 ,a certification that the institution has verified the information submitted in the report under this paragraph4 7,p7 ,with respect to the sports participation opportunities requirements under title ,,ix of the ,education ,amendments of #aigb-- 7i7 a certification that the institution complies with such requirements by showing-- 7,i7 substantial proportionality2 7,,ii7 a history and continuing practice of expanding sports participation opportunities2 or 7,,iii7 full and effective accommodation of athletics interests2 and 7ii7 an identification of the method of compliance described in subclauses 7,i7 through 7,,iii7 of clause 7i7 that the institution uses4 2 7#b7 in paragraph 7#b71 by striking ,for the purposes of paragraph 7#a77;,g7 and inserting ,for the purposes of subparagraphs 7,g7 and 7,h7 of paragraph 7#a72 7#c7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,submission2 report2 information availability 7,a7 ,institutional requirements ,each institution of higher education described in paragraph 7#a7 shall-- 7i7 by ,october #ae of each year1 provide the information contained in the report required under such paragraph for such year to the ,secretary2 and 7ii7 by not later than ,february #ae of each year1 publish such information on a public ,internet website of the institution in a searchable format4 7,b7 ,public availability ,by not later than ,february #ae of each year1 the ,secretary shall make the reports and information described in subparagraph 7,a7 for the immediately preceding academic year available to the public1 which shall include posting the reports and information on a public ,internet website of the ,department in a searchable format4 2 7#d7 by redesignating paragraph 7#e7 as paragraph 7#f72 7#e7 by inserting after paragraph 7#d7 the following3 7#e7 ,reports by the ,secretary 7,a7 ,in general ,by not later than #b years after the date of enactment of the ,fair ,play for ,women ,act1 and every #b years thereafter1 the ,secretary shall prepare and publish a report on gender equity using the information submitted under this subsection4 7,b7 ,contents ,the report required under subparagraph 7,a7 shall1 in the aggregate for all institutions of higher education described in paragraph 7#a7 and disaggregated by each individual institution-- 7i7 identify participant gaps1 if any1 by indicating the number of participants that need to be added in order for participants of the underrepresented sex at the institution to match the proportion of enrolled full-time undergraduate students of the underrepresented sex at the institution2 7ii7 identify funding gaps1 if any1 by showing the percentage differences1 compared to proportions of enrollment of men and women at the institution1 in expenditures for athletically related student aid1 recruiting1 promotion1 and publicity in intercollegiate athletics2 and 7iii7 identify any trends evident in such data that address relevant inequities in intercollegiate athletics participation and financial support4 2 and 7#f7 in paragraph 7#f71 as redesignated by paragraph 7#d7-- 7,a7 by striking ,definition4--,for the purposes of this subsection1 the term and inserting the following3 ,definitions4--,for purposes of this subsection3 7,a7 ,operating expenses ,the term 2 and 7,b7 by adding at the end the following3 7,b7 ,participant ,the term participant means an athlete in a sport who-- 7i7 7,i7 is receiving the institutionally sponsored support normally provided to athletes competing at the institution involved on a regular basis during the sport's season2 7,,ii7 is participating in organized practice sessions and other team meetings and activities on a regular basis during the sport's season2 and 7,,iii7 is listed on the eligibility or squad list maintained for the sport2 or 7ii7 due to injury1 does not meet the requirements of clause 7i7 but continues to receive financial aid on the basis of athletic ability in the sport4 7,c7 ,season ,the term season1 when used with respect to an intercollegiate team sport1 means the period beginning on the date of a team's first intercollegiate competitive event in an academic year and ending on the date of the team's final intercollegiate competitive event in such academic year4 4 7b7 ,elementary school and secondary school athletic programs 7#a7 ,in general ,subpart #b of part ,f of title ,,viii of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gija et seq47 is amended by adding at the end the following3 #hedi;,d4 ,disclosure of statistics on equality in elementary and secondary education athletic programs 7a7 ,definitions ,in this section3 7#a7 ,participant ,the term participant means an athlete in a sport who participates in the sport in elementary school1 secondary school1 or interscholastic competitive events1 organized practice sessions1 and other team meetings and activities on a regular basis during the sport's season4 7#b7 ,season ,the term season1 when used with respect to a team sport1 means the period beginning on the date of a team's first athletic competition in an academic year and ending on the date of the team's final interscholastic athletic competition in such academic year4 7#c7 ,state athletic association ,the term ,state athletic association has the meaning given the term in section #d of the ,fair ,play for ,women ,act4 7b7 ,in general ,the ,secretary shall collect annually1 from each coeducational elementary school and secondary school that receives ,federal financial assistance and has an athletic program1 a report that includes the following information for the immediately preceding academic year3 7#a7 ,the total number of students that attended the school1 fully disaggregated and cross-tabulated by sex and race or ethnicity4 7#b7 ,a listing of the school's teams that competed in athletic competition and for each such team the following data3 7,a7 ,the season in which the team competed4 7,b7 ,the total number of participants1 fully disaggregated and cross-tabulated by sex and race or ethnicity and level of competition4 7,c7 ,the total expenditures for the team from all sources1 including school funds and funds provided by any other entities1 such as booster organizations1 including the following data3 7i7 ,the travel expenditures4 7ii7 ,the equipment expenditures 7including any equipment replacement schedule74 7iii7 ,the uniform expenditures 7including any uniform replacement schedule74 7iv7 ,the expenditures for facilities1 including medical facilities1 locker rooms1 fields1 and gymnasiums4 7v7 ,the total number of trainers and medical personnel1 and for each trainer or medical personnel an identification of such individual's-- 7,i7 sex2 and 7,,ii7 employment status 7including whether such individual is assigned to the team full-time or part-time1 and whether such individual is a head or assistant trainer or medical services provider7 and duties other than providing training or medical services4 7vi7 ,the expenditures for publicity for competitions4 7vii7 ,the total salary expenditures for coaches1 including compensation1 benefits1 and bonuses1 the total number of coaches1 and for each coach an identification of such coach's-- 7,i7 sex2 and 7,,ii7 employment status 7including whether such coach is assigned to the team full-time or part-time1 and whether such coach is a head or assistant coach7 and duties other than coaching4 7,d7 ,the total number of competitive events 7in regular and nontraditional seasons7 scheduled1 and for each an indication of what day of the week and time the competitive event was scheduled4 7,e7 ,whether such team participated in postseason competition1 and the success of such team in any postseason competition4 7c7 ,disclosure to students and public ,a school described in subsection 7b7 shall-- 7#a7 by ,october #ae of each year1 make available to students1 potential students1 and parents of students and potential students1 upon request1 and to the public1 the report and information required of the school under such subsection for such year2 and 7#b7 ensure that all students and parents at the school are informed of their right to request such report and information4 7d7 ,submission2 information availability ,on an annual basis1 each school described in subsection 7b7 shall provide the report required under such subsection1 and the information contained in such report1 to the ,secretary not later than #ae days after the date that the school makes such report and information available under subsection 7c74 7e7 ,duties of the ,secretary ,the ,secretary shall-- 7#a7 ensure that reports and information submitted under subsection 7d7 are available on the same public website1 and searchable in the same manner1 as the reports and information made available under section #dhe7;g77#d77;,b7 of the ,higher ,education ,act of #aife2 and 7#b7 not later than #ahj days after the date of enactment of the ,fair ,play for ,women ,act-- 7,a7 notify all elementary schools1 secondary schools1 and ,state athletic associations in all ,states regarding the availability of the reports and information under subsection 7c72 and 7,b7 issue guidance to all such elementary schools1 secondary schools1 and ,state athletic associations on how to collect and report the information required under this section4 4 7#b7 ,conforming amendment ,the table of contents in section #b of the ,elementary and ,secondary ,education ,act of #aife is amended by inserting after the item relating to section #hedi;,c the following3 ,sec4 #hedi;,d4 ,disclosure of statistics on equality in elementary and secondary education athletic programs4 4 #g4 ,training and information for athletes and employees 7a7 ,training 7#a7 ,covered local educational agency 7,a7 ,employees ,each covered local educational agency shall ensure that each title ,,ix coordinator1 and each employee who works with athletics or teaches physical education or health1 for the covered local educational agency receives1 at least once per year1 training on the rights under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 of students at elementary schools or secondary schools1 and procedures for submitting complaints of violations under title ,,ix of the ,education ,amendments of #aigb to the ,office for ,civil ,rights of the ,department of ,education4 7,b7 ,elementary and secondary school athletes ,each covered local educational agency shall ensure that-- 7i7 a title ,,ix coordinator for the covered local educational agency provides training to athletes at elementary schools or secondary schools served by the covered local educational agency on the rights of the athletes under title ,,ix of the ,education ,amendments of #aigb1 and procedures for submitting complaints of violations of that title to the ,office for ,civil ,rights of the ,department of ,education2 and 7ii7 each such athlete receives that training at least once per year4 7#b7 ,covered institutions of higher education 7,a7 ,employees ,each covered institution of higher education shall ensure that each employee of the athletic department of the covered institution of higher education and each employee of the institution with an employment function relating to collegiate athletics receives1 at least once per year1 training on the rights under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 of students at covered institutions of higher education1 and procedures for submitting complaints of violations of title ,,ix of the ,education ,amendments of #aigb to the ,office for ,civil ,rights of the ,department of ,education4 7,b7 ,postsecondary school athletes ,each covered institution of higher education shall ensure that-- 7i7 an expert in matters relating to title ,,ix of the ,education ,amendments of #aigb1 who is not an employee described in subparagraph 7,a7 of the covered institution of higher education1 provides training to athletes at the covered institution of higher education on the rights of the athletes under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 and procedures for submitting complaints of violations of that title to the ,office for ,civil ,rights of the ,department of ,education2 and 7ii7 each such athlete receives that training at least once per year4 7b7 ,database ,the ,secretary of ,education shall establish and maintain a database of title ,,ix coordinators1 which shall be separate from the civil rights coordinators data maintained by the ,office for ,civil ,rights of the ,department of ,education4 ,the database shall include1 at a minimum1 the name1 phone number1 and email address for each title ,,ix coordinator4 ,the ,secretary shall make the information in the database available to the public with1 and by the same means as1 reports made available under section #dhe7;g77#d77;,b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;g77#d77;,b774 #h4 ,administrative enforcement through civil penalties 7a7 ,noncompliance ,the ,secretary of ,education shall determine1 at the beginning of each year1 each covered institution of higher education1 covered local educational agency1 elementary school1 or secondary school that was found during the prior year to be in noncompliance with a requirement of section #g1 or of title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq474 ,such administrative proceeding shall be conducted in the same manner as an administrative proceeding under section #ijb of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afhb74 7b7 ,civil penalty ,if the ,secretary of ,education determines under subsection 7a7 that a covered institution of higher education1 covered local educational agency1 elementary school1 or secondary school was in such noncompliance during the prior year1 the ,secretary may impose a civil penalty on such institution1 agency1 or school4 7c7 ,further noncompliance ,if the ,secretary of ,education determines under subsection 7a7 that a covered institution of higher education1 covered local educational agency1 elementary school1 or secondary school was in such noncompliance during #b or more of the prior #e years1 the ,secretary shall-- 7#a7 require such covered institution1 covered local educational agency1 elementary school1 or secondary school to submit1 not later than #abj days after receiving notice of the determination1 a plan for coming into compliance with all requirements of section #g1 and of title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq472 and 7#b7 make the report publicly available4 #i4 ,rule of construction ,nothing in this ,act shall be construed to imply that intercollegiate athletic associations1 ,state athletic associations1 covered institutions of higher education1 or covered local educational agencies-- 7#a7 are not covered by title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq472 or 7#b7 were not covered by that title on the day before the date of enactment of this ,act4