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It is our intent to provide some insight into the development of compliance plans with an eye toward a university's athletic program policy. In Part I, we explore conventional attempts to measure relative demand and its use in litigated cases. In Part II, we describe the measurement instrument we used to conduct the empirical study. Our study is distinguished from conventional efforts in two respects.2 7 First, we did not seek to measure the number of athletes with interest and ability. Rather we sought to measure the relative amounts of athletic participation that would be consumed if a university satisfied all demand for it. Secondly, we attempted to measure demand potential, what would be demanded, instead of mere demand, what is consumed. In Part III, we discuss our findings. Finally, in Part IV, we discuss the use of similar measurement instruments by universities to allocate participation opportunities between male and female athletic programs. We provide the argument that such allocations would comply under Title IX, but our main concern is policy. That is, that demand potential is relevant to institutions in determining the level of resources to devote to athletics programs and their relative allocation among males and females.

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Virginia Sports and Law



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