NANCY HOGSHEAD-MAKAR
Professor of Law
Olympic Champion
Professor Hogshead-Makar is a high profile advocate of gender equity in sports. She is one of the nations foremost exponents of Title IX of the Education Amendments of 1972, particularly within the context of intercollegiate sports. She is a former President of the Women's Sports Foundation (1992-94) and currently serves as its Legal Advisor. She has testified in Congress numerous times on the topic of gender equity in athletics, written numerous scholarly and lay articles, and has been a frequent guest on national news programs on the topic, including 60 Minutes, CNN, Good Morning America, ESPN. She serves as an expert witness in Title IX cases, and has filed supportive affidavits such as her submission in support of the plaintiff in Mercer v. Duke University and has written amicus briefs representing athletic organizations such as the 2005 Supreme Court case in Jackson v. Birmingham. In 2007 Sports Illustrated Magazine listed her as one of the most influential people in the 35 year history of Title IX.
Her book, co-authored with Andrew Zimbalist, Equal Play; Title IX and Social Change, has received critical acclaim since its release in November, 2007 by Temple University Press. Through a collection of the best scholarship, essays, important court cases, administrative regulations, the book tracks how governmental processes have influenced the implementation of one of this country’s most important social goals: equality in education, including athletics.
Professor Hogshead-Makar was the lead author of the NCAA Pregnant and Parenting Student-Athletes: Resources and Model Policies, released November 2008. The materials include a review of federal law and NCAA rules impacting treatment of pregnant and parenting student-athletes, a power point presentation for a facilitator with notes, model administrative policies, and a list of success stories of women who had achieved athletic success after giving birth, and authoritative medical position statements on exercise during pregnancy.
Significant awards recognizing Professor Hogshead-Makar’s commitment to athletics and scholarship include induction into the Academic All-America Hall of Fame and the International Scholar-Athlete Hall of Fame, receipt of an honorary doctorate from Springfield College, membership in the Hall of Fame for the National Association for Sports and Physical Education, and Billie Jean King presented Professor Hogshead-Makar the Yolanda Jackson Give Back Award at the Women’s Sports Foundation’s annual event in New York City. In October 2007, she was the Association of College Women Athletic Administrators “Honor Award” winner.
Professor Hogshead-Makar is Professor of Law at the Florida Coastal School of Law, where she teaches Sports Law and Torts courses. In 2004, she was awarded “Favorite Professor” by the first-year students. Professor Hogshead-Makar earned her law degree from Georgetown University Law Center and is she is an honors graduate of Duke University.
She capped eight years as a world class swimmer at the 1984 Olympics, where she won more medals than any other swimmer — three Gold medals and one Silver. Through high school and college dual meets she was undefeated. Other major awards include the Nathan Mallison Award, given to Florida’s outstanding athlete, the prestigious Kiphuth Award, given to the best all-around swimmer nationally. Nancy has been inducted into eleven halls of fame, including the International Swimming Hall of Fame and the International Women’s Sports Hall of Fame. In 2000, Sports Illustrated ranked her as Florida’s 13th greatest athlete of the 20th Century.
She and her husband, Florida’s Solicitor General Scott Makar, have a son and twin daughters. They are continuously restoring their Mediterranean home.
Legal Works and Publications Include:
· Pregnant and Parenting Student-Athletes: Resources and Model Policies, co-authored with Elizabeth Sorensen, Ph.D., RN, CNOR, Assistant Professor, College of Nursing and Health, Faculty athletics Representiative, Wright State University, NCAA Gender Equity, November 2008. http://www.ncaa.org/wps/ncaa?ContentID=39941
· Equal Play: Title IX and Social Policy, co-authored with Andrew Zimbalist, economist at Smith College, Temple University Press, November, 2007. http://www.temple.edu/tempress/titles/1831_reg_print.html
· Nancy Hogshead-Makar, Tilting the Playing Field: Schools, Sports, Sex and Title IX, 13 UCLA Women's L.J. 101 (2004).
· Nancy Hogshead-Makar & Daniel L. Marburger, Is Title IX Really to Blame for the Decline in Intercollegiate Men’s Non- Revenue Sports?, 14 Marq. Sports L.J 65 (2003).
· Nancy Hogshead-Makar & Shelden E. Steinbach, Intercollegiate Athletics’ Unique Environments for Sexual Harassment Claims: Balancing the Realities of Athletics with Preventing Potential Claims, 13 Marq. Sports L.J. 173 (2003).
· S. Klein (Ed.)., Handbook For Achieving Gender Equity Through Education, Sage Publications. (2007). Authored a chapter regarding gender equity in physical education and sport with Staurowsky, E. J., N., Kane, M. J., Lerner, P., Wughalter, E., & Yiamyiannis, A. (2007). http://www.feminist.org/education/HandbookContents.pdf
· The Ongoing Battle Over Title IX, USA Today Magazine (Society for the Advancement of Education) (July 2003) pp.64-66. http://www.findarticles.com/p/articles/mi_m1272/-is_2698_132/ai_104971309/pg_1
· Playing the Quota Card, Letter to 60 Minutes (Dec. 2002), 27 Journal of Sport & Social Issues 89 (2003) (lead article) http://jss.sagepub.com/cgi/reprint/27/2/87.pdf
· Foul Play; Department of Education Creates Huge Title IX Compliance Loophole, with Donna Lopiano, CEO of the Women’s Sports Foundation, Barnard Scholar & Feminist Online, The Cultural Value of Sport: Title IX & Beyond, June, 2006. www.barnard.edu/sfonline
· Co-author the Women’s Sports Foundation Position Paper on Pregnancy and Sports Participation, Issues Related to Pregnancy & Athletic Participation: The Foundation Position. Available at: http://www.womenssportsfoundation.org/cgi-bin/iowa/issues/disc/article.html?record=1145
· Creating America, Reading and Writing Arguments, 4th Edition, Nancy Hogshead-Makar, The Ongoing Battle Over Title IX, pp. 377 – 380. http://wps.prenhall.com/hss_moser_readwrite_4/0,9194,1395793-authorlist,00.html http://wps.prenhall.com/hss_moser_readwrite_4/0,9194,1396474-,00.html
· Playing Unfair, Commission’s Opposition to Title IX Shows Bias Against Women’s Sports, Los Angeles Daily Journal (March 11, 2003) (lead editorial) p. 6. The LA Daily Journal is specifically for Southern California attorneys.
· Title IX and the Commission on Opportunities in Athletics, Hillsborough County Association for Women Lawyers Journal, (March 2003) (lead article) p.1.
· 60 Minutes Flunks Latest Title IX Exam, NCAA News, (January 6, 2003) p. 4 (lead guest editorial). http://www.ncaa.org/news/2003/20030106/editorial/4001n31.html
· Letter to CBS 60 Minutes, Published at National Organization for Women website, CAL-NOW website, http://www.now.org/issues/title_ix/020703letter.html; http://www.canow.org/issues/athletic60min.html
· Author and counsel of record, Amicus Curiae Brief in support of the Petitioner Brief, Jackson v. Birmingham Board of Education, Case No. 02-1672 (U.S. 2004). 124 S. Ct. 2834 (U.S. 2004). http://www.supremecourtus.gov/opinions/counsellists/cl544-1a.html
· Author, Amicus Curiae Brief in support of the Petitionier, Koebke v. Bernardo Heights Country Club, Fourth Appellate District Court of California, Division 1, Case No. GIC 767256 (2003). Published at: http://www.womenssportsfoundation.org/cgi-bin/iowa/issues/disc/article.html?record=970 www.caselaw.findlaw.com/data2/californiastatecases/S124179.DOC http://www.nclrights.org/cases/pdf/koebke_opinion.pdf
· 60 Minutes Report Give Title IX Inaccurate Representation, IRR News; American Bar Association Section of Individual Rights and Responsibilities, Volume 14, Number 1, (Winter 2003) p. 4.
· Title IX Still Reigns, Over Time Magazine, Vol. III, Issue II, (Spring 2006.)
· An Expert’s Opinion, Rowing News, Vol. 13, (Number 3, May, 2006.)
· Jackson v. Birmingham, Jacksonville Bar Journal, October, 2004. http://www.fcsl.edu/centers/lawandsports/publications/HogsheadJackson.pdf
· Author, Hogshead-Makar Relives Buildup to Jackson Decision, Interprets High Court's Opinion, Legal Issues in College Athletics (Hackney Publications); Vol. 6, Issue 8 (2005).
· Author, Identifying Deficiencies in the DOE's ‘Further Clarification of Intercollegiate Athletics Policy Guidance Regarding Title IX Compliance’ Legal Issues in College Athletics (Hackney Publications); Vol. 6, Issue 7 (2005).
· Co-author, Foul Play; Department of education Creates Huge title IX Compliance Loophole, with Donna Lopiano, Inside Higher Ed, March 23rd, 2005. http://www.insidehighered.com/views/2005/03/24/lopiano
· Title IX’s New Loophole, OverTime Magazine, April, 2005.
Other Publications
· Chapter Author, Awaken the Olympian Within, Success Is A Learned Skill, Griffin Publishing Group, (2000). Edited by John Naber.
· Author, Asthma and Exercise, Henry Holt Publishing, (1990). Stories of successful world-class athletes controlling their asthma, and gives detailed instruction for asthmatics to exercise safely.
Leadership Positions:
· Co-Chair, American Bar Association Committee on the Rights of Women. (2004-current) http://www.abanet.org/irr/committees/leaderprof.html “Title VII vs. Title IX: The Differences and Why They Matter to Your Discrimination Case.” April 27, 2006. http://lawprofessors.typepad.com/laborprof-_blog/2006/02/teleconference_.html
· Legal Advisor, Women’s Sports Foundation. (2003 – current) Develop national policies and practices for a wide array of legal topics. http://www.gogirlgo.com/cgi-bin/iowa/issues/rights/article.html?record=1142
· Appointed Title IX Consultant, University of Colorado at Boulder, 2008 as part of settlement in Simpson v. Colorado. http://www.colorado.edu/news/r/3175d70014ab5cac1fd63f906fde98f4.html
· Appointed to review and revise sexual harassment policies at the University of North Carolina at Chapel Hill as part of the settlement in Jennings v. UNC Chapel Hill, January 2008. http://www.insidehighered.com/news/2008/01/15/unc
· Advisory Member, National Policy Advisory Board for the Women's Sports Foundation Report Intercollegiate Athletic Participation and Title IX, 2007.
· Ambassador, The Culture, Education, Sport and Ethics Program (“CESEP”). A collaboration between Justice for Athletes and the World Anti-Doping Agency (WADA). 2006-current. http://www.cultureandsport.com/
· The Governor's Council on Physical Fitness, 2007- 2008. The council will provide Governor Crist with a state plan of action to promote physical fitness and nutrition, particularly among children.
· Evaluator, United States Anti-Doping Agency (“USADA”) (2003-current).
Congressional Testimony and Published Remarks:
· U.S. Congressional Testimony, U.S. House Committee on Education and the Workforce, June 28, 2006. http://www.house.gov/ed_workforce/hearings/109th/fc/firsttee062806/wl062806.htm Responses to House Member’s posed questions available at: http://www.womenssportsfoundation.org/cgi-bin/iowa/issues/rights/article.html?record=1144; http://www.aahperd.org/nagws/titleix/pdf/House-Testimony.pdf
· U.S. Senate Hearing, Women’s Caucus, April 7, 2003. www.clt.astate.edu/marburger/hogshead_title_ix.htm;
· U.S. Senate Hearing, Before the Committee of Health, Education, Labor, and Pensions, on “Title IX: Building on 30 Years of Progress; Examining the Implementation and Progress of Title IX of The Education Amendments Act of 1972, Which Prohibits Sex Discrimination in All Aspects of Education” (June 27, 2002) Testimony at 26-28; prepared statement at 29-31. Published at: https://research.flagler.edu:9024/universe/document?_m+fbc105151d471354f8a1774647584; http://www.womenspolicy.org/thesource/article.cfm?articleid=307
· U.S. Senate Hearing, Spokesperson, Olympic Athletes Together Honorably (OATH),
chaired by Senator John McCain, regarding the International Olympic Committee’s response to performance enhancing drugs (October, 1999).
Press Conferences:
· Press Conference with Myles Brand, President of the NCAA, Donna Lopiano, CEO of the Women’s Sports Foundation and Lisa Maatz, Policy Expert, American Association of University Women, regarding the U.S. Commission on Civil Rights’ hearing: “Title IX: Accommodating Interests and Abilities” May 10, 2007.
· Press Conference, Democratic National Committee (DNC) with other leading Title IX experts to discuss the Education Department's recent roll-back of Title IX provisions, including Congresswomen Louise Slaughter (D-NY) National Women's Law Center Counsel Neena Chaudhry, Olympic Double Gold Medalist Donna de Varona, Chair of the Women's Sports Foundation's Board of Stewards, on March 24, 2005.
· Press Conference, National Coalition for Women and Girls in Education (December 19, 2002) (http://www.ncwge.org/alerts.htm) Bio published at: http://www.ncwge.org/nhmakarbio.htm Pre-written remarks published at: http://www.ncwge.org/nhmakarstatement.htm
· Press conference in Philadelphia prior to the Commission on Opportunities in Athletics Hearings. (December 4, 2002).
Speeches:
· Participated in series of videos by the NCAA: “What Does Title IX Mean to You?” NCAA Website http://www.ncaa.org/wps/ncaa?ContentID=1488
· Speaker, CLE, “Hot Topics in Title IX” ABA meeting. Other panelists included Kristen Galles, co-chair (with Prof. Hogshead-Makar) ABA IRR Committee on the Rights of Women, Jocelyn Samuels, Vice President of The National Women’s Law Center, Vicky Barker, Legal Director of The California Women’s Law Center, Noreen Farrell, Senior Attorney, Equal Rights Advocates, Sarah Dunne, Legal Director, ACLU and Diane Milutinovich, Plaintiff in case against Fresno State. Los Angeles, February 9, 2008.
· Speaker, NCAA’s Women in College Sports Forum, Braking Barriers Together: Lessons Learned from Successful Women in Athletics, Tampa, Florida, April 6th, 2008.
· Panelist, NCAA’s 18th Annual Gender Equity and Issues Forum, Where Do We Go From Here? with NCAA President Myles Brand, Smith College professor of economics Andrew Zimbalist and former Women’s Sports Foundation CEO Donna Lopiano. in Boston, April 27 – 29th, 2008.
· Speaker, NCAA’s 18th Annual Gender Equity and Issues Forum, Moving beyond sexual harassment policies. After Simpson v. Colorado and Jennings v. UNC Chapel Hill, what constitutes sexual harassment and an institution’s responsibility to prevent it. Retaliation in athletic departments after Jackson v. Birmingham, Boston, April 28, 2008.
· Speaker, National Association of Collegiate Women Athletics Administrators, Legal Developments in Title IX, focus on the recent litigation involving retaliation and sexual harassment. With Karen Doering, Senior Council for the National Center for Lesbian Rights, discussing the organization’s project on athletics. October 6, 2007.
· Speaker, Gerald R. Ford School of Public Policy at the University of Michigan on September 28, 2007. Reflecting on the President Ford’s legacy, including Title IX of the Educational Amendments of 1972. Other presenters included Bill Martin, Athletic Director of Michigan and former President of the United States Olympic Committee, and Welch Suggs, Special Assistant to the President at the University of Georgia.
· Speaker, Legal Symposium: UMKC’s Amateur and Professional Sports, Emerging Legal Issues. Court’s unlikely deference to 2005 OCR “Model Survey” for Title IX participation compliance under Prong 3. April 13, 2007. http://www.law.umkc.edu/sport.pdf
· Speaker, Legal Symposium: Girls and Women Rock: Celebrating 35 years of Sports and Title IX. Held during the Women’s Final Four Basketball tournament in Cleveland, Ohio on March 30th 2007. Professor Hogshead-Makar’s presentation, “Special Considerations for Sexual Harassment in Athletic Departments; Rethinking Jennings et al. v. University of North Carolina Chapel Hill, et al., 444 F.3d 255 (4th Cir. 2006).
· Speaker, conference on Ethical Leadership at Ripon College in Ripon Wisconsin, Shrinking the Prize When Winning is Everything, on February 2, 2007. http://www.ripon.edu/academics/special_programs/ethical_leadership/2007Conference/ELP07program.pdf
· Speaker, NCAA Annual Convention in Orlando, Florida on January 6th, 2007. Courts are likely to reject a claim of Title IX compliance for participation under Prong 3 of Title IX using the new OCR “Model Survey.” http://www2.ncaa.org/portal/media_and_events/events/-convention/2007/sessions/gender/bio.pdf
· Commencement Speaker to Graduate Students, Springfield College with Senator Edward Kennedy addressing undergraduates on May 13, 2006.
· Keynote speaker to the DeVos Sport Business Management Program at UCF on March 23, 2006.