Report on the nomination hearing for Gerald Reynolds by a Senate committee; Reynolds questioned on T

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Steve Hayleck ()
02/27/2002


Yesterday, the Committee of Health, Education, Labor, and Pensions (HELP) held their hearing on the nomination of Gerald Reynolds as the Assistant Secretary of Education for the Office of Civil Rights.     Out of over 120 viewing the hearings only four people from the wrestling community attended; Jamie Moffatt from the National Coalition of Athletics Equity (NCAE), Kevin Kearns an assistant wrestling coach for the University of Maryland, Merrill Hathaway the Director of Kids Duals for the Maryland State Wrestling Association, and myself, just an old wrestler who cares.  We arrived in front of the hearing room at Noon and no one else got in line until 2:30!!The NAACP was there in force to oppose the nomination and the Center for New Black Leadership was there to support it.  Of course there were other groups there but it was hard to tell whom. I'm sure the Women's Sports Foundation was in the room somewhere.     Christopher Bond (R-MO) introduced Gerald Reynolds and left for another appointment. The other HELP committee members who attended the hearing at some point were: Committee Chairman Edward Kennedy (D-MA), Ranking Member Judd Gregg (R NH), Jeff Sessions (R-AL), Paul Wellstone (D-MN), James Jeffords (D-VT), Jack Reed (D-RI), Patty Murray (D-WA), and Jeff Sessions (R-AL).    Apparently Reynolds has been the victim of a misinformation campaign and some time was spent by him correcting the record, so to speak. There was a lot of focus on Reynolds views of Disparate Impact Analysis and statistical measures used in civil rights compliance.    It was obvious that J. Robinson and Simply Common Sense made a difference with Senator Wellstone. Wellstone was actually pretty soft, saying that the wrestling community in Minnesota was "raising concerns" that men's sports were being lost due to Title IX and asked for Reynolds's philosophy on the issue.    Reynolds responded that he is an "enthusiastic supporter" of Title IX and that institutions that receive federal funds must comply. He related that he has an aunt that received a basketball scholarship at Georgia Southern and was the first from the family to attain a college degree in 1982. The controversy and allegations that Title IX policy guidance enforcement discriminates against men's sports should be "investigated to see if it's true. I would need to collect the necessary data" according to Reynolds.  In earlier testimony he said that Title IX should "provide more opportunities for women and men."    That was about it for Wellstone. Patty Murray was the one that really went after him about Title IX. Reynolds' response to her was that there are three safe harbors for compliance. He said that proportionality "doesn't require a quota."  He explained that the 1996 clarification of the 1979 regulatory guidance "provides several ways for schools to comply."  He went on to say, "that each allegation should be judged on its merits. And that "a quota would create legal problems."    Kennedy was the final committee member to question Gerald Reynolds and REALLY went after him.    It looked to my uninitiated eyes that the vote will end up splitting closely along party lines. They've kept the record open until Monday at Midnight. I think more pressure might make Wellstone support the nomination, especially if, as I understand, he's facing a close re-election. Kennedy and Murray seemed dead set against the nominee. I couldn't tell about Reed, though he seems inclined to vote against Reynolds also. I think Jeffords might support the nomination and that, if we can get him and Harkin (Iowa) there is a shot at confirming Gerald Reynolds as the next Assistant Secretary of Education for the Office of Civil Rights.    There is still time to contact the members of the HELP committee to ask for their support of the Gerald Reynolds' nomination.  This may be the most critical time to express your opinion, since a vote for confirmation hasn't taken place and these Senators are weighing the nomination at this very moment.    List of the Members of the Committee of Health, Education, Labor, and Pensions  http://labor.senate.gov/Members/members.htm    How to contact members of the U.S. Senate  http://www.senate.gov/contacting/index.cfm