Lawsuits & Complaints - Part 1

NOVEMBER 1995 OCR UPDATE:
The Education Department/OCR responded to Donna Lopiano's (WSF) FOIA request for a list of cases which have been investigated by OCR since passage of the Civil Rights Restoration Act of 1987 (1988 Amendments) on March 22, 1988. Seventy-eight compliance reviews had been initiated by the OCR, 347 complaints had been filed. Those that occurred from 1992 through October 1995 are listed in the following index. Information is not necessarily available for each complaint.

JULY 1994 OCR UPDATE:
The Education Department OCR responded to The Chronicle of Higher Education Freedom of Information Act request: OCR findings of sex discrimination doubled from 1992 to 1993 to 44. Seven colleges failed to provide female athletes with programs comparable to those of men.

Menu of States


Alabama

Beasley v. Alabama State University [966 F. Supp. 1117 (M.D. Ala. 1997)]

STATUS:
1997: Defendant moved to reconsider denial in part of motion to dismiss. Student conceded that punitive damages were not recoverable against the University. The District Court held that: the student had stated claims, the student could seek injunctive relief even though her athletic eligibility had expired, and the claims fell under continuing violation doctrine (not to be barred by statute of limitations).

FACTS:
Title IX action filed by female student and former athlete against the University and its officials.

Decatur City School District

January 13, 1995: Resolved.
December 2, 1994: Title IX complaint filed.

Birmingham Southern College

February 9, 1995: Resolved.
November 29, 1994: Title IX complaint filed.

Jefferson County School District

November 2, 1994: Resolved.
June 17, 1994: Title IX complaint filed.

Faulkner University

June 26, 1995: Resolved.
April 6, 1994: Title IX complaint filed.

Tuscaloosa City School District

April 15, 1994: Resolved.
March 7, 1994: Title IX complaint filed.

Decatur City School District

April 17, 1994: Resolved.
April 17, 1994: Title IX complaint filed.

Morgan County School District

February 14, 1994: Resolved.
January 14, 1994: Title IX complaint filed.

Baldwin County School District

June 1, 1994: Resolved.
December 13, 1993: Title IX complaint filed.

Huntsville City School District

June 1, 1994: Resolved.
December 13, 1993: Title IX complaint filed.

Jackson County School District

June 1, 1994: Resolved.
December 13, 1993: Title IX complaint filed.

Jefferson County School District

June 1, 1994: Resolved.
December 13, 1993: Title IX complaint filed.

Limestone County School District

June 1, 1994: Resolved.
December 13, 1993: Title IX complaint filed.

Madison County School District

June 1, 1994: Resolved.
December 13, 1993: Title IX complaint filed.

Mobile County School District

June 1, 1994: Resolved.
December 13, 1993: Title IX complaint filed.

Montgomery County School District

June 1, 1994: Resolved.
December 13, 1993: Title IX complaint filed.

Shelby County School District

June 1, 1994: Resolved.
December 13, 1993: Title IX complaint filed.

Jacksonville State College

June 27, 1995: Resolved.
November 1, 1993: Title IX complaint filed.

Alabama State University

June 29, 1995: Resolved.
September 13, 1993: Title IX complaint filed.

Shelby County School District

June 26, 1995: Resolved.
July 16, 1993: Title IX complaint filed.

Samford University

June 29, 1995: Resolved.
June 28, 1993: Title IX complaint filed.

Troy State University

February 28, 1995: Resolved.
June 22, 1993: Title IX complaint filed.

Central Alabama Community College

September 28, 1993: Resolved.
May 10, 1993: Title IX complaint filed. 

Brenda Williams v. University of Alabama - Birmingham

STATUS:
Summer 1993: Williams awarded $55,000 in a settlement.
1993: Sex discrimination lawsuit filed.

FACTS:
Williams, former UAB VB coach, claims she was terminated in retaliation for complaining about unlawful employment practices in which male coaches with similar job descriptions were paid higher salaries.

Susan Kiechal et al v. Auburn University

STATUS:
July 19, 1993 - Settlement awarded plaintiffs $140,000 in monetary damages & Auburn agreed to start a women's varsity soccer program this fall.
May 21, 1993: OCR letter of finding found Auburn in violation of Title IX & ordered it to begin a soccer team in 1994.
April 14, 1993: Class action suit filed in federal court under Title IX and 14th Amendment; preliminary injunction will be requested.
October 16, 1992: Title IX complaint filed; OCR on-site investigation completed.

FACTS:
June 1993 Settlement: In a settlement, Auburn agreed to pay $140,000 to the plaintiffs and agreed to start a women's varsity soccer team in the fall with a guaranteed budget of $200,000 a year for the first 2 years & 4 scholarships the 1st year rising to full compliment in 3 years, plus build a playing field.
Lawsuit (April 1993): One graduate of 1992 and seventeen current female student-athletes filed on behalf of women's soccer players, seeking increased funding for all women's sports.
March 3,1993: Auburn wrote to OCR saying it doesn't believe there is adequate interest or sufficient competition to justify an upgrade.
Complaint (Oct. 1992): Women's club soccer team is requesting varsity status. Members gathered 1400 signatures from women who said they would tryout if an intercollegiate team existed.

Calhoun County School District

January 29, 1993: Resolved.
September 4, 1992: Title IX complaint filed. 

University of North Alabama

STATUS:
September 17, 1993: Compliance Agreement
March 24, 1992: Title IX complaint filed.

FACTS:
Sept. 22, 1993: UNA announced that OCR Letter of Finding identified the institution in violation of Title IX. After a 1 year study, OCR findings identified inequity in women's & men's basketball uniforms, female coaches responsible for more than 1 team, unfair access to practice facilities, lower meal-money allocations & poorly furnished lockerrooms. Recommendations include 1) move some women's basketball games to prime time, 2) hire ass't SID to promote women's sports, 3) increase allocations for meals, and 4) hire additional coaches. 


Arizona

Prescott Unified School District

March 25, 1993: Resolved.
December 11, 1992: Title IX complaint filed.

Glendale Unified School District

April 7, 1993: Resolved.
December 11, 1992: Title IX complaint filed.

Phoenix UHSD

March 25, 1993: Resolved.
December 11, 1992: Title IX complaint filed.

Peoria Unified School District

March 25, 1993: Resolved.
December 11, 1992: Title IX complaint filed.

Tempe UHSD

March 31, 1993: Resolved.
December 11, 1992: Title IX complaint filed. 

Salgado v. Prescott Unified School District No. 1 & Arizona Interscholastic Association, Inc. (High School)

STATUS: Settled by agreeing to change policy.
Fall 1992: Suit filed.

FACTS:
Settlement occurred when the School District backed down and policy was changed to eliminate the practice of having girls play spring basketball in parts of the state. 


Arkansas

Nettleton School District

May 23, 1995: Resolved.
December 19, 1994: Title IX complaint filed.

Arkansas State Board of Education

March 8, 1995: Resolved.
December 19, 1994: Title IX complaint filed.

Junction City Public School District

STATUS:
June 20, 1994: Title IX complaint filed. 

Tom Caruso v. University of Arkansas - Fayetteville

STATUS:
June 1993 - lawsuit dropped. The university agreed to consider sponsoring a limited men's team until the athletes who are now on the team graduate.
May 27, 1993: Sex discrimination lawsuit filed under the U.S. Constitution's equal-protection Clause.

FACTS:
Caruso, a male diver, claims the move to discontinue men's swimming denies team members an opportunity to participate in the Southeastern Conference. The University originally offered to reinstate swimming if supporters can raise $450,000 in new money but later decided to keep the program afloat until 1996 when the eligibility of athletes now on the team expires. 


California

University of Southern California (USC)

STATUS:
December 11, 1998: The California National Organization for Women (NOW) filed a complaint with the OCR, claiming that a review of the recent Equity in Athletics Disclosoure Act (EADA) report showed significant budget differences between the men's and women's program.  For example, the women's basketball team received $129,626 for expenses in 1996-97, and the men's team received $809,570.

University of California - Los Angeles (UCLA)

STATUS:
December 11, 1998:
The California National Organization for Women (NOW) filed a complaint with the OCR, claiming that a review of the recent Equity in Athletics Disclosoure Act (EADA) report showed significant budget differences between the men's and women's program.  For example, the women's basketball team received $295,684 for operating expenses in 1996-97, and the men's team received $552,241.

Oakland Unified School District

STATUS:
August 31, 1995: Title IX complaint filed.

Pajaro Valley Unified School District

STATUS:
February 15, 1995: Title IX complaint filed.

Sacramento City College

STATUS:
December 16, 1994: Title IX complaint filed.

South Pasadena Unified School District

October 7, 1994: Resolved.
June 17, 1994: Title IX complaint filed.

Petaluma Board of Education

June 23, 1994: Resolved.
May 18, 1994: Title IX complaint filed.

Pleasant Valley E. School District

July 18, 1994: Resolved.
May 16, 1994: Title IX complaint filed. 

Marianne Stanley v. University of Southern California

STATUS:
October 17, 1996: The 9th Circuit Court of Appeals heard arguments.
May 1995: Stanley appealed to U.S. Court of Appeals for the Ninth Circuit for reinstatement.
March 10, 1995: U.S. District Court awarded the University a summary judgement, disallowing a full trial of the case.
April 13, 1994: U.S. Supreme Court Justice O'Conner turned down 2nd appeal to reinstate Stanley while she pursues sex bias suit in federal court.
Jan. 6, 1994: 9th US Circuit Court of Appeals Judge Arthur Alarcon upheld US District Judge John Davies ruling, refusing to reinstate Stanley. Decision predicated on Equal Pay Act, not Title IX.
Sept. 8, 1993: US Supreme Court Justice Sandra Day O'Conner upheld the 9th US Circuit Court of Appeals' ruling denying an emergency injunction that would prevent USC from hiring a new coach.
September, 1993: USC hired Cheryl Miller as coach.
August 30, 1993: U.S. District Judge John G. Davies rejected Stanley's appeal for reinstatement, ruling disparate compensation alone is not clear evidence of sex discrimination.
August 6, 1993: Stanley ordered reinstated to her job at best salary offer, pending hearing.
August 5, 1993: Sex discrimination lawsuit filed under Equal Pay Act & Title IX. Seeking $8 million & reinstatement.

FACTS:
March 8, 1995: The court reaffirmed its earlier conclusion that the men's and women's basketball coaching positions are not substantially equal and do not require equal pay. Court also found Stanley had not established her claims for retaliation, wrongful discharge, breach of contract or breach of the implied covenant of good faith and fair dealing.
Jan. 6, 1994: Appellate Judge Arthur Alarcon wrote the men's coach had a more demanding job (public relations, fundraising & job pressure), and as a business decision, could be paid more.
September, 1993: USC named Cheryl Miller as head coach.
August 30, 1993: USC women's BB players, considered national championship material, are considering suing the University for being in violation of Title IX and/or transferring if Stanley is not reinstated.
Lawsuit: August 5, 1993: Stanley, women's basketball coach, alleges sex discrimination & retaliation, wrongful discharge, breach of implied contract & conspiracy. Stanley, earning $70,000, was promised a multi-year contract if she coached the BB team into the NCAA tournament. Declining a 3yr contract starting at $86,000, she was offered a 1-yr deal for $90,000 with a $6,000 housing allowance after seeking a salary identical to the men's coach ($130,000-$150,000). She alleges the university withheld her paycheck because she refused to sign the 1-yr deal.

University of California - Los Angeles

STATUS:
UCLA upgraded its club soccer team to varsity (93/94), will add women's water polo in 94/95 and one additional sport by 1997.
August 20 1993: UCLA revoked cancellation of women's gymnastics & will study other ways to cut its athletic budget.
July 1993: Sex discrimination lawsuit threatened under Title IX.

FACTS:
A group of female gymnasts threatened a lawsuit after UCLA announced that it was cutting men's swimming and men's & women's gymnastics at the end of 1993-94. Women make up 50% of the student body and 28% of the athletes. UCLA is experiencing a sports budget deficit nearing $1 M which was expected to reach $9 M by 2000. Of the $12.3 M athletic budget for 1991-92, $2 M (or 17%) went to women. 

University of California - Los Angeles

Status: Plaintiffs appealed decision.
May 17, 1994: Superior Court Judge refused to issue a preliminary injunction against UCLA that would force the reinstatement of the men's swimming and gymnastics programs.
April 18, 1994: Members of the men's swimming and gymnastics teams won a temporary restraining order.

FACTS:
(See previous case) The Court found that Title IX permits the university to eliminate proportional overrepresentation of male student-athltes to achieve a goal of proportional equality.

Sierra Unified School District

May 26, 1994: Resolved.
August 26, 1993: Title IX complaint filed.

Members of the Women's Soccer Club v.University of California - Los Angeles

STATUS:
March 1993 - Settled by upgrading women's soccer to varsity status.
1993: Sex bias lawsuit threatened.

FACTS:
Members of the women's soccer club claimed UCLA did not offer equitable athletic opportunities to its female students. UCLA agreed to upgrade soccer to varsity status, beginning 1993-94. 

Mary Zimmerman v. San Jose State University (A.D. Tom Brennan, Pres. J. Handel Evans & SJS Board of Directors)

STATUS:
May 1994: Zimmerman received $328,000 out-of-court settlement.
July 19, 1993 - complaint amended, seeking $1.2 million in monetary damages.
June 4, 1993: Sex discrimination and wrongful termination lawsuit filed.

FACTS:
Zimmerman was fired from athletics in June of 1991 following across the board budget cuts & terminated from SJSU one year later. Zimmerman came to SJSU in 1982, served as women's A.D. until merger in 1987, served as assoc. A.D. & S.W.A.A. until 1991. She maintains she was wrongfully terminated & not promoted due to her gender, thereby alleging violation of Title VII of the U.S. Civil Rights Act of 1964.

Cuesta College

September 30, 1994: Resolved.
April 5, 1993: Title IX complaint filed.

Dinuba ESD

November 22, 1993: Resolved.
April 2, 1993: Title IX complaint filed.

Dinuba Joint Union HSD

December 20, 1993: Resolved.
April 2, 1993: Title IX complaint filed.

Benicia Union School District

October 28, 1993: Resolved.
March 29, 1993: Title IX complaint filed.

Cupertino Union School District

June 23, 1993: Resolved.
February 11, 1993: Title IX complaint filed.

California Chapter of the National Organization of Women v. California State University System Board of Trustees

STATUS:
October 21, 1993: Settled with a consent decree.
Feb. 4, 1993: Class action suit filed under California law and Title IX asking court to order the system to adopt a "timetable for making substantial progress" toward eliminating disparities.

FACTS:
Consent Decree: Decree requires, by 1998-99, 1) Athletic opportunities for women proportional to NCAA- eligible women undergraduates within 5%, 2) provide female athletes with a ratio of funding within 10% of the proportion of women enrolled, 3) provide grants-in-aid, including scholarships, for all women's sports in proportion to the number of women on campus within 5%. A 7 member committee will monitor campus compliance through biennial reports beginning in 1994-95.
Lawsuit: NOW contends System violates California Education Code (1976) mandating equal opportunity for women in athletics, Title IX, & the Equal Protection Clause of the California Constitution. NOW contends the System institutions have actually "regressed away from gender equity" since 1978-79. Women currently make up 55.5% of the undergraduate enrollment at the 19 CSU schools but only 30% of the athletes, and receive only 25% of the athletic funding. 1991-92 funding for all sources totaled $34.8 M ($8222 each) for men's athletics, $11.8 M ($6690 each) for women's teams and $1.7 M ($5708 each) for coed sports.

Calif. NOW, Mary Zimmerman v. San Jose State University (Evans)

STATUS:
October 21, 1993: This case is folded into the System's consent decree with California NOW.
Feb. 4, 1993: Class action suit filed under Title IX and State Education Code (1976) claiming sex discrimination in sports and retaliation against Zimmerman for advocating gender equity. SJSU claims that there is no inequity.

FACTS:
Suit claims Zimmerman, associate athletic director, was fired after actively advocating for gender equity in athletics and only 29% of SJSU's participants are women and receive about 27% of the athletics budget even though the student body is 51% women. Zimmerman filed a separate sex discrimination & wrongful termination lawsuit.

Women's Volleyball Players v. California State University - Fullerton (Howlett v. Gordon)

STATUS:
October 20, 1993: Recommended that CAL NOW vs CSUS consent decree supersede this decree.
May 2, 1992: Consent decree issued.
March 20, 1992: Preliminary injunction granted.
Feb. 3, 1992: Temporary Restraining Order issued.
Jan., 1992: Institution cuts women's volleyball.

FACTS:
Settlement included reversal of proposed elimination of volleyball team; commitment to long range gender equity program which includes the addition of women's soccer; commitment to increase athletic opportunities for women to 40% by 1997 and equal to percent of women in student body by 2002. 

Rudy Suwara v. California State University System Board of Trustees

STATUS: Case settled for an undisclosed amount.
December 22, 1992: Suit filed contending plaintiff was deprived of First Amendment right to free speech; seeking $1.5 million.

FACTS:
San Diego State University volleyball ex-coach Rudy Suwara claims he was fired & denied a job in departmental reorganization because he insisted on equal treatment of female athletes in a 1989 Title IX complaint.

Women's Crew v. University of Southern California

STATUS: Complaint being reviewed by OCR.
October 26, 1992: Title IX complaint filed with OCR.

FACTS: Five former & current members of the women's crew team claim inequities in treatment of men's and women's crew. Of $12.7 M 1991-92 budget, women received $2.9 M or 23%.

Oakland Unified School District

September 29, 1992: Resolved.
May 7, 1992: Title IX complaint filed.

San Jose State University

April 27, 1992: Randomly selected for review by the OCR.
OCR FINDINGS: San Jose State was found in violation Title IX in 6 of 13 areas. SJSU has agreed to increase female participation in athletics to reflect the 50/50 male/female ratio of the student body. Men represented 70% of all athletes when OCR began its review. The university will add four women's teams in the next four academic years and will survey student athletics interests every two years.

California State University - Fresno

April 20, 1992: Randomly selected for review by the OCR.
OCR FINDINGS: Fresno was found in violation of Title IX in 11 of 13 program areas. Fresno has agreed to add two women's teams, cut men's teams and improve facilities and equipment provided to female student athletes. OCR found women constituted 54% of the student body and 27% of the athletes. The university agreed to achieve a 55/45% ratio by 1997-98 and to survey student interest in athletics participation in 1994-95.

Alvord Unified School District

June 2, 1992: Resolved.
January 13, 1992: Title IX complaint filed. 

James Huffman v. California State University System (Gordon)

STATUS: The university filed an appeal but settled in 1995.
Decision to appeal pending. As of 7/27/94, CSUS agreed to pay $1.35 million plus $300,000 in lawyer's fees.
Feb. 8, 1994: Jury found university officials had violated Huffman's 1st Amendment right to free speech in firing him. Awarded $1.35 million & undisclosed amount for punitive damages.
1992: Suit filed; suing for wrongful discharge; seeking damages @ $1.5 million.

FACTS:
Decision: A 12 person state-court jury agreed unanimously on all 6 counts, including breach of implied contract & deprivation of free speech. Huffman was awarded $350,666 in economic damages, $1 million for non-economic damages - including emotional distress, and an undisclosed amount of punitive damages.
Lawsuit: California State University at Fullerton volleyball ex-coach Jim Huffman claims he was fired March 23, 1992, 3 days after the university settled a suit with the volleyball team, because he insisted on equal treatment of female athletes. 


Colorado

Univeristy of Colorado at Boulder

STATUS:
June 2, 1997: Sex discrimination complaint filed under Title IX.

FACTS:
Complaint: One of 25 complaints filed by the National Women’s Law Center based on a number of criteria related to the distribution of scholarship dollars, as reported through the Equity in Athletics Disclosure Act report: size of the disparity for the average female athlete at the institution, the size of the disparity in the overall program, and the gap between female enrollment and athletics opportunities offered females. It was voiced that scholarship disparities cause women to experience mounting debt which affects them long after graduation or prevents them from accessing higher education. At University of Colorado at Boulder: Female Enrollment=47%, Female Athletics Participation=40%, Scholarship $’s Awarded to Female Athletes=31%, Average $ Gap per Female Athlete (in one year) =$2,386, Total $’s Women Lose Due to Discrimination (in one year)=$266,751.

Fremont School District RE-2

STATUS:
September 18, 1995: Title IX complaint filed.

Jefferson County School District

June 13, 1995: Resolved.
March 7, 1995: Title IX complaint filed.

Brighton School District #27J

November 10, 1994: Resolved.
July 5, 1994: Title IX complaint filed.

Rocky Ford School District R-2

December 20, 1993: Resolved.
October 7, 1993: Title IX complaint filed.

Jefferson County School District

November 24, 1993: Resolved.
July 2, 1993: Title IX complaint filed.

Jennifer Roberts et al v. Colorado State University

STATUS:
November 29, 1993: The Supreme Court refused to hear CSU's petition. A coach has been hired and an exhibition season is proceeding, damages have been paid.
October 4, 1993: Colorado State Board of Agriculture, the governing board of the university filed a petition for certiorari with the Supreme Court.
July 7, 1993: U.S. Court of Appeals for 10th Circuit affirmed the order to reinstate the SB team to varsity status.
May 1993: In a settlement, CSU agreed to pay approximately $80,000 in monetary damages to the plaintiffs.
March 8, 1993 - Judge Zita Weinshienk issued an order giving CSU officials one week to file a report with the U.S. District Court (Denver) showing it is making progress in reinstating the program; ordered school to get an interim coach & prepare for a fall season; school complied.
Feb. 24, 1993: CSU filed an appeal in 10th Circuit Court of Appeals; 10th Circuit denied CSU's motion for a stay pending appeal.
Feb. 18, 1993: Plaintiffs win preliminary injunction; CSU enjoined to immediately reinstate softball team to varsity status for spring season.
June, 1992: Suit filed under Title IX.

FACTS:
March 1995: CSU is now recognized as one of the 10 most equitable athletic programs in the country. Women now compose 46.4% of athletes and 49.6% of full-time undergrads.
July 7 Decision: This is the 2nd appellate court opinion interpreting the substantive requirements of Title IX and in which the requirement of effective accommodation of interests & abilities of male & female student-athletes is aggressively interpreted. Because relief was directed at the plaintiffs, after their graduation or transfer CSU could return to court & seek to have the injunction dissolved.
Feb 18 Decision: Court applied three-part test to determine effective accommodations: 1) participation opportunities for men and women substantially proportionate to enrollment, 2) history & continuing practice of program expansion for women, or 3) interests and abilities of women fully and effectively accommodated. Court found a disproportionate gap - women make up 48.2% undergraduate student body and 37.7% athletes in varsity sports. Also criticized CSU for not following up on promises it had made 10 years ago (1983) when OCR conducted a compliance review finding disparity between the treatment & benefits given to male & female athletes at which time CSU said it would raise the participation rate of women to 46.5% by 1987-88.
Lawsuit: Women's softball & men's baseball teams eliminated in a cost cutting move to help alleviate a $600,000 deficit. Women softball players sue claiming CSU not meeting interests and abilities of women to the same extent as men and argued timing made it difficult to transfer. 


Connecticut

9 Female Athletes vs University of Bridgeport

STATUS:
July 1995: Full settlement.
September 1994: Partial settlement out of court. Women's Gymnastics reinstated & coach rehired.
August 31, 1994: Sex discrimination lawsuit filed under Title IX.
June 3, 1994: Class action sex discrimination complaint filed under Title IX.

FACTS:
July 1995 Settlement: The athletes continued to pursue their case in order to secure a commitment for adequate money & support. Bridgeport will sponsor women's gymnastics at least through 1997-98, and pay for all the team's expenses, including scholarships, equipment & travel.
Lawsuit: In Spring of 1994, UB dropped men's volleyball and women's gymnastics. Suit seeks reinstatement of the very successful women's gymnastics and orders the university to provide equal opportunities to participate for men & women. Women make up 54% of undergraduates but only 42% of the athletes. UB currently sponsors 4 teams each for men & women and contends the ratio of women is 51% in student body and 48% in athletics.

New Milford Public School

August 7, 1995: Resolved.
December 15, 1994: Title IX complaint filed.

West Hartford Public School

February 17, 1995: Resolved.
October 17, 1994: Title IX complaint filed.

Connecticut R.S.D. #9

October 27, 1992: Resolved.
May, 22, 1992: Title IX complaint filed. 

Florida

Bethune-Cookman College

STATUS:
June 2, 1997: Sex discrimination complaint filed under Title IX.
FACTS:
Complaint: One of 25 complaints filed by the National Women’s Law Center based on a number of criteria related to the distribution of scholarship dollars, as reported through the Equity in Athletics Disclosure Act report: size of the disparity for the average female athlete at the institution, the size of the disparity in the overall program, and the gap between female enrollment and athletics opportunities offered females. It was voiced that scholarship disparities cause women to experience mounting debt which affects them long after graduation or prevents them from accessing higher education. At Bethune-Cookman: Female Enrollment=58%, Female Athletics Participation=34%, Scholarship $’s Awarded to Female Athletes=28%, Average $ Gap per Female Athlete (in one year) =$1,687, Total $’s Women Lose Due to Discrimination (in one year)=$77,915.

Five Softball Players & Two Suspended Coaches v. Saint Leo College

STATUS:
April 1997: Softball players agreed to out-of-court settlement. Four of the five received $8,750 and the fifth player had settled earlier for $1,500.
March 1996: Sex discrimination complaint filed under Title IX. Athletes seek at least $50,000 each in damages, former coaches seek at least $1 million in damages each..

FACTS:
Lawsuit: Five softball players (current or former) claim that Saint Leo's female athletes receive less travel and meal money, inferior equipment, and fewer tutoring opportunities than male athletes. The softball field also lacks features the baseball field has such as lights and batting cages. Two coaches (Ray Carver and Jerry Miller) claim they were suspended last Fall because they supported the women in their threat to sue the college. They claim they were then punished on trumped-up charges of pocketing athletics department money. They are asking for at least $1 million each in damages.

Brevard Community College

August 30, 1995: Resolved.
April 18, 1995: Title IX complaint filed.

Rollins College

December 5, 1994: Resolved.
November 29, 1994: Title IX complaint filed.

Hillsborough County School District

June 15, 1994: Resolved.
April 11, 1994: Title IX complaint filed.

Seminole County School District

April 27, 1995: Resolved.
March 24, 1994: Title IX complaint filed.

Orange County School District

June 30, 1995: Resolved.
February 18, 1994: Title IX complaint filed.

University of Central Florida

STATUS:
May 10, 1995: Resolved.
December 6, 1993 Complaint filed under Title IX.

FACTS:
Complaint filed by former female track & field student-athlete for purported Title IX violations.

Hillsborough County School District

November 23, 1993: Resolved.
March 8, 1993: Title IX complaint filed.

Lee County School District

STATUS:
November 12, 1992: Title IX complaint filed. 

Georgia

Middle Georgia College

STATUS:
May 25, 1995: Title IX complaint filed.

Macon College

September 5, 1995: Resolved.
March 20, 1995: Title IX complaint filed. 

Bob Reinhart vs Georgia State University

STATUS:
February 1995: Discrimination lawsuit filed in federal court. Seeks reinstatement and backpay.

FACTS:
Lawsuit: Reinhart, former men's basketball coach for 9 yrs, claims he was fired because he refused a pay cut intended to bring his salary in line with that of the women's basketball coach. Orby Moss, athletics director, claims his nonrenewal was due to a lack of success. New coaches for men's and women's basketball were hired at a base salary of $65,000. The previous women's coach had earned $38,000 while Reinhart's pay was $83,500.

Monroe County School District

June 9, 1994: Resolved.
January 24, 1994: Title IX complaint filed.

Oconee County School District

November 10, 1993: Resolved.
June 29, 1993: Title IX complaint filed. 

Idaho

Orofino School District

STATUS:
February 8, 1995: Title IX complaint filed.

Meridian Joint District

December 20, 1994: Resolved.
June 28, 1993: Title IX complaint filed.

Illinois

17 Current & Former Athletes vs Illinois State University (38 individual defendants named; include Board of Regents, the university Athletic Council, & its Gender Equity Review Committee)

STATUS:
September 22, 1995: Lawsuit filed under Title IX and the 14th Amendment, seeking unspecified compensatory and punitive damages.

FACTS:
Lawsuit: Seventeen former & current student athletes claim gender and racial discrimination, sexual harassment and other offenses. ISU Athletic Council voted in March and again in April to cut men's soccer and wrestling programs due to the institution's noncompliance with Title IX. Soccer and wrestling players, after 6 months of attempts to reinstate the sports, filed the lawsuit, seeking reinstatement of soccer and wrestling on the grounds that players were denied due process and there was sex discrimination. The lawsuit claims ISU established an illegal affirmative action program mandating gender quotas. Ten of the wrestlers are minorities. Two former women's rugby club members joined the lawsuit, claiming ISU could have made rugby a varsity sport in order to comply with Title IX, and that they were forced out of rugby due to the high cost of the club. In addition, an ISU women's basketball player (Rita Harper) alleges she was the victim of racial and sexual harassment by her coaches and teammates. She seeks compensatory and punitive damages of at least $50,000 on several counts. 

Illinois State University: Board of Regents vs McLean County State's Attorney

STATUS:
August 25, 1995: Judge Dozier granted a request barring the release of minutes.
July 21, 1995: ISU BOR filed a motion to prevent the release of the March 22 meeting of minutes.
Media seeks Disclosure
June 23, 1995: McLean County state's attorney, Charles Reynard, filed a countersuit against Illinois State and the Board of Regents over a dispute concerning the application of the Open Meetings Act to the meetings of the ISU Athletic Council.
June 1995: Board of Regents (BOR) filed a lawsuit against the McLean County state's attorney office.

FACTS:
The ISU Athletic Council voted March 22, in closed session, to recommend the cutting of the men's soccer and wrestling programs. In response to complaints, the Athletic Council met and voted again on April 26, 1995. Attorneys for the male athletes object, saying the meeting violated the Open Meetings Act because the subject to be discussed was not disclosed and because a roll-call vote to go into closed session was not taken. ISU and the BOR maintain the Athletic Council is just an advisory committee and not subject to the Open Meetings Act. The law requires meetings and votes of certain boards to be held in public.
Lawsuit: The lawsuit claims that Illinois State University's Athletic Council is not subject to the open meetings law, and asks the county circuit court to decide the matter. It recognizes that the state's attornney's office has threatened to bring criminal prosecution for alleged violations of the Open Meetings Act. It is the BOR's hope that a favorable decision from the circuit court would avert possible prosecution from the state's attorney's office.
Countersuit: The state's attorney disagrees with the BOR's interpretation, given that the BOR delegates repsonsibility to others for the governing of ISU, and is asking the court to decide the issue.
Media: WJBC-AM in Bloomington sued to force disclosure of the minutes. The Peoria Journal Star also filed an Freedom of Information (FOI) request with the state attorney's office seeking release of the meetings transcripts.

Illinois Benedictine College

March 20, 1995: Resolved.
October 6, 1994: Title IX complaint filed. 

Marty Hawkins v. Loyola University Chicago

STATUS:
Case pending; scheduled for non-binding mediation.
March 18, 1994: Originally filed under Title IX but voluntarily dismissed; now an Illinois common law action.
Jan. 20, 1994: Wrongful termination lawsuit filed in Federal Court; asking $1 million in compensatory damages, $3 million in punitive damages & a jury trial.

FACTS:
Hawkins, former basketball coach, alleges he was terminated because he complained the school was violating Title IX & gender-equity provisions. Complaints include lack of parity in the number of ass't coaches for men's & women's basketball, and an annual recruiting budget of $1500 while the men's budget was greater than his entire basketball budget. Hawkins' 14 year record: 227-148. Women's BB team's GPA: highest at 3.53.

Edwardsville Community Unit SD 7

August 24, 1994: Resolved.
November 5, 1993: Title IX complaint filed.

Eastern Illinois University

STATUS
May 1995: University announces that no men's teams will be dropped and women's golf will be added.
December 1994: Terms of resolution renegotiated with OCR.
October 18, 1994: Resolved.
September 27, 1993: Title IX complaint filed.

FACTS:
In 1994, Eastern Illinois was found in violation of offering too few sporting opportunities for women. The University agreed to drop wrestling and men's swimming, and add women's soccer. In December of 1994 the University approached the OCR about renegotiating. In May 1995, Eastern Illinois announced that both men's teams will be kept and women's golf will be added in 1996-97.

Meridian Community Unit School District

November 5, 1993: Resolved.
June 16, 1993: Title IX complaint filed.

Kelley v. University of Illinois - Urbana-Champaign

STATUS:
Jan 23, 1995: US Supreme Court refused to hear case.
December 1994: Plaintiffs sought a rehearing. Court denied the motion. Plaintiffs filed a petition of certiori with the US Supreme Court.
September 1, 1994: U.S. Court of Appeals for Seventh Circuit ruled UI did not violate Title IX or Equal Protection Clause when it eliminated men's swimming.
April 1994: Appellate panel heard argument of swim team's appeal.
September 1, 1993: A U.S. District Court Judge upheld UI's decision to trim $300,000 from its budget and refused grant an injunction to reinstate the program. The equal protection claim was also dismissed. University's motion for summary judgement was granted & case dismissed.
May 1993: Sex discrimination lawsuit filed under Title IX and the U.S. Constitution's Equal Protection Clause.

FACTS:
September 1994: The decision to retain women's swimming was characterized as "extremely prudent." Rejected claim that Title IX was a gender-based quota system; without a swim team, men's participation would continue to be more than substantially proportionate to their presence in the student body. In terms of Equal Protection, court found the remedial scheme established by Title IX constitutionally permissible because it serves the important governmental objective of prohibiting educational institutions from discriminating on the basis of sex and is substantially related to achieving that end.
September 1993: The court stated the meaning of Title IX has been shaped by Federal agency interpretations & case law to mean equal opportunity for members of both sexes. Illinois is permitted to cut because men's interests & abilities are presumptively met when substantial proportionality exists.
Lawsuit: Eight members of the men's swimming team claim they are victims of sexual discrimination because the women's team is not being eliminated. In a cost cutting move, Illinois is cutting men's swimming & diving, women's diving and men's fencing. Men represent 56% of the student body and 76.6% of the athletes.

Alton Community Unit School District 11

June 10, 1993: Resolved.
December 7, 1992: Title IX complaint filed.

Sparta Community Unit School District 140

August 6, 1993: Resolved.
November 25, 1992: Title IX complaint filed.

Field Hockey Players v. Northern Illinois

STATUS: Complaint being reviewed by OCR.
September 22, 1992: Title IX complaint filed with OCR.

FACTS:
Field Hockey team eliminated and replaced with soccer. Players asking for reinstatement of field hockey in addition to soccer because institution is not meeting needs and interests of women.

Chicago Public Schools, District #299

STATUS:
March 1995: The OCR approved the terms of a settlement (compliance) agreement, thereby closing the complaint with the Chicago Public Schools. The agreement is a result of the 1992 complaint and the fact that the Board had not met the pledges in it's 1989 agreement with the OCR to achieve compliance.
1992: Title IX complaint filed with OCR.
1989: The OCR found the Board in violation of Title IX.

FACTS:
1992 Complaint: A complaint was filed alleging the District-wide elementary school athletics program does not accommodate the interests and abilities of male and female students equally; and that during the 1991-92 school year, the District denied female softball players on high school level freshman-sophomore sports teams the opportunity to participate in post-season tournament play while similarly-situated male athletes were allowed to participate in Post-season activities.
Settlement Agreement: The District is to recommend revisions to the Chicago Public High School Athletic Association Constitution and by-laws by 3/1/95. Meanwhile, post-season tournaments for all boys and girls sports and levels of competition, including a freshman/sophomore girls softball post-season tournament, are to be held. The settlement calls for the addition of female varsity teams at various schools, the addition of girls' freshman-sophomore teams at various schools, an attempt to add badminton as a sanctioned sport if there is enough interest, and an annual campaign to increase interest among girls in H.S. interscholastic athletics. In a separate agreement as a result of the 1992 complaint, the District shall also ensure that the selection of sports offered in its District-wide elementary level sports and social center athletics programs accommodate the interests of female athletes to the same extent as those of male athletes. 


Indiana

Laporte Community School Corporation

STATUS:
July 19, 1995: Title IX complaint filed.

Tipton School Corporation

March 7, 1995: Resolved.
October 5, 1994: Title IX complaint filed.

Tipton School Corporation

August 16, 1994: Resolved.
July 8, 1994: Title IX complaint filed.

South Spencer School Corporation

August 5, 1994: Resolved.
May 23, 1994: Title IX complaint filed.

Baugo Community Schools

December 30, 1993: Resolved.
September 17 1993: Title IX complaint filed. 

Iowa

Iowa State University

Randomly selected for review by the OCR.
OCR FINDINGS:
Iowa State was found in violation of Title IX in several areas, including travel allowances, pre-game housing, locker rooms and recruiting budgets. The university has agreed to correct those differences and comply with gender equity by 1998. ISU plans to add women's soccer in the Fall of 1995 with 11 scholarships which will change the percent of scholarships allotted female athletes from 40% to 42%. Food and lodging allowances will be equal by July 1, 1996; equivalent locker rooms for all sports by July 1, 1997; equivalent housing arrangements before home games by July 1, 1996; and substantially equivalent secretarial support & private offices to all coaches by July 1, 1997. ISU's athletic budget has had a deficit in both 1992-93 & 1993-94, and has cut by 14% in 1994-95 to remain balanced. Concurrently, ISU spent over $1 million to buy out contracts of men's basketball & football coaches in 1994, spent $1 million (some privately raised) on their replacements, spent $900,000 on new basketball offices for men & women, has announced plans for spending $8 million (primarily private funds) on a new football facility, and has dropped 2 men's non-revenue sports in 1994. Student fees are being considered to curtail the dropping of additional sports teams (possibly including baseball, men's swimming, men's golf, women's gymnastics and women's tennis). 

Josh Dearborn et al vs Iowa High School Athletic Association (High School)

STATUS:
December 6, 1994: Preliminary hearing scheduled.
November 22, 1994: Lawsuit filed, seeking court order to have diving reinstated as a high school event.

FACTS:
The IHSAA voted in March to drop diving. One year before a decision was made to make diving an exhibition event during the 1993-94 season. The suit contends the board of control does not have the power to drop an event from a sport. Diving has a 42% level of participation. 

Scott Gonyo et al (Five Male Wrestlers) v. Drake University

STATUS: Athletes are considering an appeal.
No appeal was taken.
March 13, 1995: U.S. District Court granted defendent -- university's motion for summary judgement. U.S. Justice Department filed an amicus curiae brief.
Oct. 7, 1993: U.S. District Judge Harold Vietor denied request for temporary injunction. Could find no merit to plaintiff's contention that their interests & abilities were not being effectively accommodated.
June 29, 1993: Sex discrimination lawsuit filed.

FACTS:
Wrestlers are demanding reinstatement of the wrestling program eliminated March 11. Drake claimed cuts were for financial reasons as well as lack of student & public support. The wrestlers claim the university violated the Constitution's equal protection clause and Title IX. They assert cuts came when female athletes (40% of all athletes & 53% of all athletic scholarships) receive more scholarship money ($967,000 v. $824,000) than male athletes. The school is honoring financial aid commitments for those who remain at Drake. Lawsuit does not seek monetary damages. 


Kansas

Coffeyville Community College

STATUS:
August 25, 1994: Title IX complaint filed.

Olathe U. S. D. #233

September 6, 1994: Resolved.
June 2, 1994: Title IX complaint filed. 

Wichita State University

STATUS:
June 8, 1995:OCR has accepted WSU's compliance plan.
February 1995: OCR Statement of Findings issued.
November 1993: Office of Civil Rights conducted its on-campus investigation.
July 15, 1993:Sex discrimination complaint filed under Title IX.

FACTS:
Complaint: Complaint alleged that WSU denied female athletes equal opportunity because of gender.
Statement of Findings: The OCR found that WSU did not comply with the law in areas including financial assistance, opportunities for participation, equipment and supplies, scheduling of games and practice times, travel and daily allowances, coaching, locker rooms and game facilities.
Compliance Plan: The compliance plan calls for WSU to be in compliance with Title IX by July 1, 1998. Student fees will increase $3 per credit, beginning Fall 1995, to fund the plan which will cost $500,000 the first year.

University of Kansas

STATUS:
November 9, 1992: Title IX complaint filed.

Emporia State University

STATUS:
January 24, 1992: Title IX complaint filed.

Kentucky

Montgomery County School District

February 14, 1995: Resolved.
October 11, 1994: Title IX complaint filed.

Ashland Independent School District

June 2, 1994: Resolved.
August 13, 1993: Title IX complaint filed.

Murray State University

STATUS:
August 9, 1993: Complaint filed under Title IX. 

Horner (12 High School Softball Players) v. Kentucky State Board for Elementary & Secondary Education & Kentucky State H.S. Athletic Association (High School) 43 F.3d 265, 6th Cir. 1994

STATUS:
August 1, 1995: Meeting scheduled with State Board of Education attorneys to devise a plan to correct Title IX violations that surfaced during trial.
March 10, 1995: Rehearing & suggestion for rehearing En Banc denied.
Dec. 22, 1994: 6th US Circuit Court of Appeals, Judge Joiner, ordered a federal judge to reconsider the girls' claim but upheld summary judgment on the Equal Protection clause.
Jan. 26, 1993: Appeal filed.
Jan. 14, 1993: Dismissed. Granted summary judgment for Board of Education & the KHSAA.
Sept. 9, 1992: Suit filed under Title IX, Equal Protection Clause & State Law.

FACTS:
Lawsuits: Students seeking damages for lost scholarship opportunities, less sport opportunity, and change from slow pitch to fast pitch softball sponsorship in high schools. KHSAA sanctioned 10 sports for boys and 8 for girls.
January 14, 1993 Dismissal: Judge Edward H. Johnstone noted it is not Title IX's objective to provide a forum for scholarship competition but to provide equal opportunity. The court also ruled against a claim of denial of Equal Protection under the 14th Amendment noting participation in interscholastic athletics is not a right protected by the constitution, therefore the loss of opportunity to play or compete for scholarships is not a constitutional right.
December 22, 1994: The court ruled the KHSAA was subject to Title IX because it received federal financial assistance indirectly, through its member schools.

Eastern Kentucky University

September 15, 1992: Resolved.
April 13, 1992: Title IX complaint filed.

Eastern Kentucky University

September 4, 1992: Resolved.
April 10, 1992: Title IX complaint filed.

Eastern Kentucky University

August 20, 1992: Resolved.
March 25, 1992: Title IX complaint filed. 

Field Hockey Players v. Eastern Kentucky University

STATUS: OCR will monitor University coming into compliance.
Jan. 19, 1993: Letter of finding issued.
April 3, 1991: Title IX complaint filed with OCR after University cuts field hockey.

FACTS:
OCR rules more opportunities for women must be added with institution determining sports to be added; changes must be made in scheduling of basketball games, travel, coaching, locker rooms, facilities, medical and training personnel, publicity and support services.


Louisiana

Parents vs. East St. John the Baptist Parish School Board

STATUS:
December 1995: Sex discrimination lawsuit filed under Title IX.

FACTS:
Lawsuit: Parents claim ESJ favored boys' sports, especially football, and discriminated against girls' sports in funding, coaches hiring practices, and access and quality of practice and competitive facilities. Through a petition, the lady Cats Parents and Alumni Association asked a School Board employee be appointed to ensure women's sports are treated fairly, that the head girls basketball coach position be advertised, preferring former coach LaRose's reinstatement (he resigned in protest of inequitable treatment), and that the new coach be allowed to interview and recommend an assistant coach.

LaFourche Parish Public School

STATUS:
April 29, 1996: OCR received a commitment to the OCR to ensure equal athletic opportunity for female students.
August 3, 1995: Complaint filed under Title IX.

FACTS:
The School Board has ensured the following: girls’ high school softball (including junior varsity) and junior high school basketball programs at each junior high will be equivalent or equivalent in effect with the boys’ high school and junior high school programs for baseball and basketball; equivalent number of games scheduled based on availability of teams; equvialent number of coaches to boys’ and girls’ teams in proportion to number of teams or students participating in sport; comparable game and practice facilities; funds and efforts of support organizatiions/booster clubs that do not create a disparity in the provision of benefits/services to teams. 

Polly Hale v. Northeast Louisiana University

STATUS:
September 19, 1995: Two additional plaintiffs joined suit.
July 7, 1995: Sex discrimination lawsuit filed under Title IX.

FACTS:
Lawsuit: Hale, a softball player, filed suit alleging Northeast Louisiana does not offer comparable facilities or funding for women's sports.
September 19, 1995 Rachel Whatley, student assistant softball coach, and Lisa Hawkins, graduate assistant volleyball coach, joined suit. 

Burt vs Bossier Parish School Board (High School)

STATUS:
December 5, 1994: Sex discrimination class action lawsuit filed under Title IX.

FACTS:
The parent of a female basketball player claims that girls basketball and softball do not receive equal treatment compared to the boys program. Inadequate facilities include the softball field, lockerroom, trophy space and coaches' offices. Girls' practice times are structured around boys' practices.

Beth Pederson, Lisa Ollar, Semantha Clark, and Karla & Cindy Pineda v. Louisiana State University

STATUS:
June 1997: Plaintiffs filed an appeal challenging the District Court's holding that the female plaintiffs in Pederson did not have standing. The University has also appealed, disputing several aspects of the case.
Feb. 1, 1996: University filed a compliance plan.
January 12, 1996: U.S. District Judge Rebecca Doherty ruled that LSU was in violation of Title IX for not accommodating the interests and abilities of its women's athletes.
January 1995: A second lawsuit is filed requesting LSU immediately field varsity women's soccer and fast pitch softball teams.
October 1994: Dismissed plaintiffs' motion for a preliminary injunction seeking the addition of a women's fastpitch softball team in advance of LSU's plan to start one in 1996.
March 24, 1994: Class action sex discrimination lawsuit filed under Title IX.

FACTS:
May 9, 1997: Doherty approved LSU’s plan citing the recent addition of softball and soccer as varsity sports, the hiring of an administrator to oversee women’s athletics, and the promotion and press coverage of women’s programs.
January 12, 1996: Judge Doherty ordered the university to present a plan for program compliance within 20 days. The court found LSU "negligent in not adapting to the changing social and athletic landscape." Monetary damages were not awarded because violations were deemed caused by negligence rather than intentional discrimination. Doherty also discussed the issue of proportionality, stating "Section 1681 (a) of Title IX specifically provides the mandate of Title IX shall not be interpreted to require preferential treatment to members of one sex based on proportionality. Rather, those percentages should be considered as 'tending to show that such an imbalance exists with respect to the participation, or receipt of the benefits of, any such programs or activity by the members on one sex.'" Plaintiffs' attorneys will appeal the ruling. The soccer section was rejected since LSU started a team in 1995. The university plans to reinstate softball in 1996-97.
October 1994: Denied injunction because it would change, rather than preserve, the status quo. Court also questioned plaintiffs' standing to bring action as they would have exhausted their eligibility by the time the team was added. Plaintiffs' have appealed ruling.
Lawsuit: 3 members of the women's club soccer team are asking that the university elevate soccer to varsity status for Fall 1994 and establish softball in 1995 instead of the following year as previously mandated by the Southeastern Conference. The suit claims LSU's program violates Title IX and treats its male and female athletes inequitably. The general student enrollment is 50/50 male/female whereas athletic participation is 75/25 male/female.

University of Southwestern Louisiana

STATUS:
August 20, 1992: Complaint filed under Title IX.

Southeastern Louisiana University

STATUS:
August 3, 1995: Complaint filed under Title IX.

Lafourche Public Schools

STATUS:
March 18, 1992: Complaint filed under Title IX.

Livingston Parish School Board

December 22, 1992: Resolved.
March 9, 1992: Title IX complaint filed. 
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