Reporting Requirement – Plan to Ensure Future Compliance. The College will take the following actions only if unable to demonstrate current compliance with Title IX pursuant to Section II(1)(A)(ii) (Demonstration of Current Compliance) of this Agreement: By , the College will submit to OCR for review and approval its detailed plan with timeframes to ensure that it provides reasonable opportunities for each sex to receive athletic scholarships and/or grants-in-aid in proportion to the number of students of each sex participating in intercollegiate athletics by the beginning of the academic year named in the Timetable, including the steps noted below. The plan will include a description of interim steps that have been or will be taken by the College during the years between the dates of this agreement and said academic year. The College will initiate implementation of the plan upon review and approval by OCR. The College understands that nothing in this agreement requires the College to reduce the amounts of athletic scholarships and/or grants-in-aid it offers to either sex and that any such reductions are discouraged. In making its calculations, the College will use intercollegiate athletic participation numbers that take into account any increase in intercollegiate athletic participation opportunities the College is providing or plans to provide to students from the underrepresented sex in accordance with Section II(1)(A)(i) of this Agreement. The College will identify all legitimate, nondiscriminatory factors that apply and describe how they will be taken into account. Disparities may be explained by actions taken to promote athletic program development, and by differences between in-state and out-of-state tuition. Disparities might also be explained, for example, by legitimate efforts undertaken to comply with Title IX requirements, such as participation requirements. Similarly, disparities may be explained by unexpected fluctuations in the participation rates of males and females. For example, a disparity may be explained if an athlete who had accepted an athletic scholarship decided at the last minute to enroll at another school. For any asserted nondiscriminatory justification, the College must demonstrate that its asserted rationale is in fact reasonable and does not reflect underlying discrimination. For instance, if the College asserts the phase-in of scholarships for a new team as a justification for a disparity, the College must demonstrate that the timeframe for phasing-in of scholarships is reasonable...
