Professor of Law
Life-long advocate for access and equality in athletics, internationally recognized expert on sports issues, scholar and author Nancy Hogshead-Makar has a commitment to equality, using sport as a vehicle for social change. As one of the foremost exponents for gender equity, she advocates for access and equality in sports participation, sexual harassment, sexual abuse and assault, employment, pregnancy, and legal enforcement under Title IX of the Education Amendments of 1972 and within the Olympic movement. Her book, co-authored with Andrew Zimbalist, Equal Play, Title IX and Social Change, has received acclaim since its release by Temple University Press. She was the lead author of Pregnant and Parenting Student-Athletes; Resources and Model Policies, published by the NCAA, and her book chapter, The Ethics of Title IX and Gender Equity for Coaches, appears in The Ethics of Coaching Sports; Moral, Social and Legal Issues, edited by Robert L. Simon.
Professor Hogshead-Makar 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, Fox News, CNN, ESPN, NPR, MSNBC and network morning news programming. She serves as an expert witness in Title IX cases and has written amicus briefs representing athletic organizations in precedent-setting litigation. Since 2003 she has been the Co-Chair of American Bar Association Committee on the Rights of Women. She was elected to the editorial board of the Journal of Intercollegiate Sport in 2009. Sports Illustrated Magazine listed her as one of the most influential people in the history of Title IX.
Hogshead-Makar is a tenured Professor of Law at the Florida Coastal School of Law, where she currently teaches Sports Law courses. She earned her law degree from Georgetown University Law Center and is an honors graduate of Duke University. She also has a 27 year history with the Women’s Sports Foundation, starting as a college intern, becoming the third President from 1992-94, it’s the legal advisor from 2003-10, and serving currently as its Senior Director of Advocacy.
Hogshead-Makar has received significant awards recognizing her commitment to athletics, including: receipt of an honorary doctorate from Springfield College, induction into the Academic All-America Hall of Fame and the International Scholar-Athlete Hall of Fame, membership in the Hall of Fame for the National Association for Sports and Physical Education, and receipt of the National Association of Collegiate Women Athletic Administrators’ “Honor Award”. In 2011 she was presented with the National Organization for Women’s “Courage Award,” and was inducted into the National Consortium for Academics and Sports Hall of Fame. In 2012 she was awarded the “Title IX Advocate Award” from the Alliance of Women Coaches.
Hogshead-Makar capped eight years as a world class swimmer at the 1984 Olympics, where she won three Gold medals and one Silver medal. Through high school and college dual meets she was undefeated. Other major awards include the Nathan Mallison Award, given to Florida’s outstanding athlete, and 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 Scott Makar, a judge on Florida’s First District Court of Appeal, have a son and twin daughters. They are continuously restoring their 1920s Mediterranean home.Legal Works and Publications Include:
• 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 sports with Staurowsky, E. J., N. Kane, M. J., Learner, 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.prehall.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.
• 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.supremecourts.gov/opinions/counsellists/cl544-1a.html
• Author, Amicus Curiae Brief in Support of the Petitioner, 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/data2californiastatecases/S1214179.doc; http://www.ncrights.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/center/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 Education, March 23rd, 2005. http://www.insidehighered.com/views/2005/03/24/lopiano
• Title IX’s New Loophole, Over Time Magazine, April, 2005.
• Author, Asthma and Exercise, Henry Holt Publishing (1980). Stories of successful world-class athletes controlling their asthma and gives detailed instruction for asthmatics to exercise safely.
• 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, National Policy Advisory Board for the Women’s Sports Foundation Report Intercollegiate Athletic Participation and Title IX, 2007.
• 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. 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 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).
• 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 27-29, 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 Daren 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 President Ford’s legacy, including Title IX of the Educational amendments of 1972. Other presenters include Bill Martin, Athletic Director of Michigan and former President of the United State 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 30, 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/
• Speaker, NCAA Annual Convention in Orlando, Florida on January 6, 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.
• Keynote Speaker to the Jacksonville Women’s Lawyers Association on March 1, 2006, discussing the Department of Education’s new guidelines for Title IX compliance. http://www.jaxdailyrecord.com/showstory.php?Story_id=44671; http://www.saveTitleix.com/breaking_news.heml; http://22.214.171.124/search?q=cache:miQdHkOfJBkJ; www.fawl.org/documents/JournalSpring06.pdf
• Speaker, American Constitution Society, Georgetown University Law Center, panel discussion held after oral argument in the U. S. Supreme Court in Jackson v. Birmingham, Washington, D.C., November 30, 2004.
• Keynote Speaker, Michigan State Journal of Gender Law and the Entertainment and Sports Law Society, Title IX and Gender Equity in Sports: Much More Action and Seasonal Changes, April 16, 2005.
• Keynote Speaker, Arkansas State University, “Legal Status of Title IX,” September 9, 2004.
• Keynote Speaker, Bucknell University on the history of Title IX, Achieving Equity Together, on February 5, 2004.
• Moderator for panel discussion on IX in Washington, D.C. during National Girls and Women in Sports Day. February 4, 2004. Panelists included Marsha Greenberger, President and founder of the National Women’s Law Center, and Dominque Daws, Olympic gymnast.
• Speaker, 2004 National Consortium for Academics and Sports Annual Conference on Vital Interests for the future of College Sport, A Dialogue on Title IX, Orlando, Florida, February 1-3, 2004.
• Speaker on Sport Law Panel, Marquette University’s National Sports Law Institute. The Evolving Nature of High School College and Olympic Sports in the 21st Century. Panel on Title IX and Gender Equity.
• Keynote Speaker, Moravian University, Title IX and Jackson v. Birmingham, October 28, 2004. http://www.moravian.edu/news/releases/2004/128.htm.
• Speaker, Georgetown Opening Celebration of New Facilities, Legal Issues in Collegiate Athletics, September, 2004. http://law.georgetown.edu/news/events/sportandfitness.html.
• Keynote Speaker, Leadership Connection, New York, NY. Comprised of Female Leaders in NYC, October 21, 2003.
• Speaker, Stanford Sports Law Conference, “Issues in Minority Sports,” Stanford, CA, September 18 & 19, 2003.
• Keynote Speaker, Florida Medical Association, Recent Changes to Malpractice Litigation, Ft. Lauderdale, Florida, August 29, 2003.
• Speaker, Jacksonville University (Florida Business Challenge) June 11, 2003. http://www.jaxdailyrecord.com/showstory.php?Story_id=3693.
• Keynote Speaker, Jacksonville University, Women’s History Luncheon, March 11, 2003.
• Speaker, symposium: “Assessing Title IX: Past, Present and Future: A Title IX 30th Anniversary symposium,” Center for Research on Sports in Society, University of Miami, Coral Gables, Florida (December 7, 2002). http://www.as.miami.edu/crss/Projects/Title9.htm.
• Speaker, CLE program at ABA Annual Meeting in Washington, DC, “Title IX: Why You Should Expand Your Litigation Practice Into this Under-Served Area of Law” (2002). Presented with Kristen Galles, Committee Chair, and Neena Chaudhry from the National Women’s Law Center.
• Keynote Speaker, National Federation of State High School Association, Orlando, Florida, December, 2001.
• Speaker, Leadership Florida, Amelia Island, Addressing Discrimination, June 8, 2001.
• Speaker, World Sports Forum, Lasaunne Switzerland (May 20, 2001) (invited speaker on women’s sports issues). Topic: Women in Sports: Lessons from Title IX in the United States. http://www.wsforum.org/Former_Forum/Themes01.htm and http://www.wsforum.org/2002/Photos/SportsHealth/7sp_JPG.html
• Keynote Speaker, American alliance of Physical Health Education Recreation and Dance “AAPHERD” Buffalo, New York, February 16, 2001.
• Inductee, Academic-All America Hall of Fame on June 30, 2008 in Tampa, Florida. http://www.goduke.com/ViewArticle.dbml?&DB_OEM_ID=4200&ATCLID=1479905&SPID=22634.
• Honor Award Winner, National Association of Collegiate Women Athletics Administrators (NACUAA), October, 2007. Presented at annual convention banquet in St. Petersburg, Florida.
• Inductee, International Women’s Sports Hall of Fame, October 2004. Presented at the Women’s Sports Foundation’s annual dinner at the Waldorf Astoria in New York City. http://www.usoc.org/11624_27520.htm; http://www.iona.edu/academic/artsscience/-departments/masscomm/jrn617/grey/whats%20going%20on.htm.
• Yolanda L. Jackson Give Back Award, presented by Billie Jean King at Women’s Sports Foundation’s annual event at the Waldorf Astoria (presented to the person who has contributed the most to women in athletics), 2003.
• Honorary doctorate, Springfield College. (May, 2002). (Received honorary degree with Bill Cosby).
• Inductee, International Scholar-Athlete Hall of Fame at the Institute for International Sport, International Scholar-Athlete Hall of Fame and Museum, Kingston, Rhode Island (June 23, 2001). http://www.sportsparenting.org/sa_hof/hof_inductees2.html; http://www.internationalsport.com/p_speakers.cfm
• Honored by the National Council of Jewish Women for her work on behalf of girls and women (2007).
• “Community Woman of the Year,” Jacksonville University, 2003. See also http://en.wikipedia.org/wiki/Nancy_Hogshead.