I'm not an expert on this, but I've been told, and it has been explained to me that Title IX doesn't mean always mean the scholarships have to be equal. However, that is the way most universities choose to try to apply it, because frankly it is the easiest to defend of the
3 'prongs' (a university only has to be in compliance with one) in the test to determine compliance (see link below). If you assume that most schools are fairly close to a 50/50 ratio of male to female students as a whole, then if you have a 50/50 breakdown of scholarships, the institution
should be in compliance.
It has always been my understanding that a university can be under that 50/50 Proportionality test, if they comply with either the 2nd or 3rd prong, but....that is harder to defend in court.
You don't have to add another sport, say women's hockey if it can't be shown that there is a high 'interest and ability' level on the campus. I know there are high school girls in Omaha that play hockey (not sure about other parts of the state), but I have no idea if there are enough female students at UNL (and would likely to enroll at UNL in the future) who have the 'interest and ability' to justify the forming of a female hockey team.
I put a link to all the NCAA championships below. Honest question, which ones listed that UNL doesn't offer, would there be enough 'interest and ability' level to add to the athletic department? I don't know enough about the student body as a whole attending UNL to say one way or another. If you look at the schools that currently have women's hockey, they are mostly in a geographic area that you would expect an interest in hockey to be higher. Thus adding women's hockey would go to satisfying prong 2 (
History and Continuing Practice) and prong 3 (
Effectively Accommodating Interests and Abilities).
I had some female neighbors who were a bit older and big soccer players in the 80s, who went to UNL. Their family and others actively pressured Devaney to add soccer as a NCAA sport in the mid to late 80s. I can't say their pressuring was the reason it was added at Nebraska, but since there was an obvious interest and ability level (prong # 3) among the students it was logical to add it as a women's sport.
Again, I'm not a lawyer, but I had some people smarter than me and more versed in this topic explain that Nebraska could be (and may be now), not in compliance with the prong 1 Proportionality test. But if they can show that they have either complied with prong 2 and/or 3, it doesn't have to be 50/50. But again, it is easier to defend in court to just be 50/50 so some universities have taken the easy way out and dropped sports like wrestling. Prong 1 is more black and white since you are dealing with numbers vs prongs 2 and 3 which are somewhat subjective.
If I'm not correct on this someone correct me.
https://www.womenssportsfoundation....at-is-title-ix/standard-language-of-title-ix/
http://www.ncaa.org/championships?division=d1