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.
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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