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Title IX and Athletic Facility Equity: The Capital Planning Implications
Back to InsightsCapital Planning

Title IX and Athletic Facility Equity: The Capital Planning Implications

Facility equity is a capital planning question long before it becomes a compliance question. How athletic departments and institutions should think about parity when programming and sequencing projects.

David ConineJune 6, 20253 min read

Athletic facility projects are usually planned one building at a time: a new weight room, a renovated locker suite, a competition venue upgrade. Each is scoped against its own program and budget, approved on its own merits, and delivered as a discrete project.

Equity, however, is not evaluated one building at a time. It is evaluated across the athletics program as a whole, over time. That mismatch — projects planned individually, parity assessed collectively — is the reason facility equity tends to surface as a problem late, after commitments have been made and the capital plan is hard to unwind.

This is a planning problem before it is a legal one, and it is best addressed where planning problems are cheapest to address: at the portfolio level, early.

The considerations below are capital planning practice, not legal advice. Institutions should involve counsel and their compliance office in any equity determination.

The Comparison Is Between Programs

The instinct on a single project is to ask whether the facility is good. The relevant question is usually comparative: how do the facilities available to one program compare to those available to another, across the categories that affect athletes.

Those categories typically include competition and practice venues, locker rooms and team spaces, strength and conditioning, athletic training and medical space, coaching offices, and support areas like film rooms and equipment storage. A capital plan that has quietly invested in one program's version of each of these over a decade, while another program's have not changed, has made an equity decision — whether or not anyone framed it that way.

Build the Inventory Before the Project

The most useful thing an institution can do is establish a current-state inventory across all programs before scoping the next project. Square footage, condition, age, and capability by category and by team.

This is unglamorous work and it is frequently skipped, because the next project already has momentum. But without it, an institution cannot answer the question that will eventually be asked, and cannot make a defensible argument that a given investment is appropriately sequenced. It also tends to surface genuine surprises — spaces that leadership assumed were comparable and are not.

An inventory of this kind also feeds directly into capital renewal planning, because condition and remaining useful life are the same data.

Sequencing Is the Real Decision

Few institutions can fund everything at once, and equity does not require that they do. What it requires is a defensible plan.

A sequenced multi-year plan that addresses identified disparities on a stated timeline is a materially different position than a series of opportunistic projects driven by whichever program has donor momentum. Donor-driven capital is a genuine and legitimate funding reality — but a gift directed at one program does not suspend the institution's own obligations, and the capital plan is where those two things get reconciled. Governance for gift-driven projects is closely related and worth reading alongside this.

Document the Rationale

Every capital decision has a reason. The reason a particular project came first might be facility condition, safety, a funding window, enrollment, or scheduled competition requirements. All of those can be sound.

What creates exposure is not the sequencing decision — it is the absence of any recorded rationale for it. An institution that can produce a capital plan showing what was assessed, what was prioritized, why, and what is scheduled next is in a defensible position. One that can only produce a list of completed projects is not.

This is ordinary project governance discipline applied to a portfolio rather than a single project: state the criteria, apply them, write down the outcome.

Program the Building for the Whole Department

At the individual project level, the most common avoidable error is programming a facility around one team when the space will serve several. Shared strength and conditioning, training rooms, and academic support spaces need to be sized and scheduled for total demand, including seasonal peaks when multiple programs need the same space at the same hour.

A shared facility that is functionally unavailable to half the programs it nominally serves does not resolve a disparity — it relocates it into the scheduling office.

What This Means Practically

For an institution planning athletic capital work:

  • Inventory current facilities across all programs by category before scoping the next project
  • Assess disparities honestly, with compliance and counsel involved
  • Build a multi-year sequenced plan rather than approving projects individually
  • Record the rationale for sequencing decisions as they are made
  • Program shared spaces for total demand, including concurrent-season peaks
  • Revisit the inventory as projects complete, so the baseline stays current

None of this slows a project down. It changes what the project is measured against.

Related Reading

  • How Athletic Departments Plan Facility Investments That Recruit
  • Donor-Funded Buildings: Governance for Gift-Driven Capital Projects
  • How Universities Deliver Major Campus Construction Projects

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Key Takeaway

Facility equity is decided by the capital plan, not by any single project. Sequence and document investment across the whole athletics portfolio, because the comparison that matters is between programs, not between a building and its budget.

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