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.
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 Maine at Orono: Female Enrollment=47%, Female Athletics
Participation=40%, Scholarship $'s Awarded to Female Athletes=26%, Average
$ Gap per Female Athlete (in one year) =$1,991, Total $'s Women Lose Due
to Discrimination (in one year)=$251,485.
FACTS:
Players charge discrimination against female athletes in awarding of
financial aid, the scheduling of events, & hiring & compensation
of coaches.
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 Boston College: Female Enrollment=53%, Female Athletics Participation=37%,
Scholarship $'s Awarded to Female Athletes=31%, Average $ Gap per Female
Athlete (in one year) =$1,792, Total $'s Women Lose Due to Discrimination
(in one year)=$302,052.
FACTS:
Complaint: One of 25 complaints filed by the National WomenÕs
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 Boston University: Female Enrollment=55%, Female Athletics
Participation=45%, Scholarship $'s Awarded to Female Athletes=32%, Average
$ Gap per Female Athlete (in one year) =$3,754, Total $'s Women Lose Due
to Discrimination (in one year)=$627,413.
FACTS:
Complaint filed by the women's lacrosse team. Women comprise 52% of
the undergraduates but only 40% of the athletes, and receive only 32% of
athletic scholarships.
September 1994: BU is about to announce it will add 3 women's
varsity sports for the 1995-96 academic year: lacrosse, soccer and golf.
BU will also expand scholarships and hire full-time coaches for several
existing sports. Goals are a women's participation ratio of 48% and women's
share of scholarships at 43%.
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 Northeastern University: Female Enrollment=44%, Female Athletics Participation=38%,
Scholarship $'s Awarded to Female Athletes=31%, Average $ Gap per Female
Athlete (in one year) =$1,970, Total $'s Women Loose Due to Discrimination
(in one year)=$250,246.
FACTS:
Plotzke, former women's basketball coach, filed suit alleging discrimination
and retaliation.
FACTS:
UMass agreed to restore cut teams of lacrosse, tennis & volleyball
through 1995-96; to reach full compliance with Title IX within 5 years
and increase scholarships from 47 to 78 within 5 years.
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 Coppin State College: Female Enrollment=72%, Female Athletics Participation=56%,
Scholarship $'s Awarded to Female Athletes=47%, Average $ Gap per Female
Athlete (in one year) =$1,043, Total $'s Women Lose Due to Discrimination
(in one year)=$48,107.
FACTS:
Complaint charged Title IX violations; OCR found non-compliance; University
agreed to make corrections.
FACTS:
Violations found in accommodation of interest and ability (participation)
and financial assistance. No violations found in opportunity to receive
coaching, compensation of coaches and availability of athletic trainers.
FACTS:
The MHSAA is a private, not-for-profit corporation with voluntary membership
by over 1,300 public and private senior high schools and junior high/middle
schools. Tournaments are conducted for 12 girls' sports and 12 boys'
sports, but there are no entry fees for participation. No government
or tax dollars support the organization.
FACTS:
Complaint: The complaint alleges discrimination against females
due to the district's policy that girls cannot play on the baseball team
if a softball team exists at the school.
FACTS:
Lafata coaching a boys junior varsity team and was passed over for
the head varsity coach position. A male with less experience who had formerly
worked under her was hired. She received a cash payment via an out-of-court
settlement and continues to coach a girls varsity team.
FACTS:
April 1995 Settlement: Settlement requires Schleuder to drop
her litigation and step down as UM volleyball coach. Also calls for the
human-rights agency to drop its case so that the University might hire
a new coach.
Complaint: Schleuder filed a complaint after the university
refused to renew her coaching contract on Dec. 9, claiming she was dismissed
in retaliation for her outspoken criticism of the university's disparate
treatment of the coaches of men's and women's teams. University counsel,
Mark Rotenberg, credits her nonrenewal to her less than outstanding record
of performance and her intolerable working relationship with university
officials. Schleuder originally sought a salary on par with those of the
men's football, ice hockey, and basketball coaches.
FACTS:
March 1997: Females are 46% of the student-body and 32% of the
athletes. Of the $2.3 million athletic department budget, females receive
25% while males receive 75%. A task force is working on plans to reach
the 30% level for women's athletics by the year 2000. Of UMD coaches for
thirteen varsity teams (six women's and seven men's), three are female
and 22 are male.
Feb. 4, 1997: Interim Athletic Director Patricia Merrier resigns
at UMD. Vice Chancellor of Finance and Operations Greg Fox reported the
filed lawsuit and resignation to be "coincidental."
Feb. 3, 1997: Grandson, a senior soccer player, alleges UMD
denies female athletes the same opportunities it extends to male athletes.
Grandon says she was forced to quit her sport because scholarships were
unavailable.
August 1996: An internal probe earlier in the year led to the
resignation of Athletic Director Bruce McLeod and a promise by UMD Chancellor
Kathryn Martin to fix the problem by 1999. UMD has received $5 million
in annual state subsidies since 1985 to attain gender equity.
1995-1996: Females made up 33% of all athletes but received
only 21% of entire athletic budget, 18% athletic scholarships, and 18%
of recruitment money.
FACTS:
Decision: Title VII does not proscribe salary discrimination
based on the sex of the other persons over whom the employee has supervision;
Equal Pay Act was not violated as men's sports supervised more employees,
had greater PR responsibilities & generated greater interest &
revenue; Did not demonstrate, under Title IX, that the athletes had received
lesser quality coaching as a result of her lower salary.
Lawsuit: Deli, ex-women's gymnastic coach, claims she should
have been paid as much as the head coaches of football (@$175,000-$250,000),
men's basketball and men's ice hockey. Deli's salary was $42,329 while
the men's gymnastic coach's salary is @$45,000.
FACTS:
Deli, assistant gymnastics coach, was fired in 1992 after being accused
of violating University & NCAA rules and showing some of the team's
athletes explicit videotapes of he and his wife having sex. Deli claims
he was not paid as much as coaches of the men's team and that he suffered
emotional distress at the hands of women's AD, Chris Voelz.
FACTS:
Holdrege Settlement: The settlement guarantees treatment of
girls on par with boys in scheduling games, distributing equipment, publicizing
events and establishing coaching guidelines.
See Freemont lawsuit that follows. For 5 years, parents attempted
to negotiate with the school board to sponsor girl's varsity softball.
Girls in Nebraska have fewer opportunities than boys to play high school
sports and receive inferior equipment and locker rooms.
FACTS:
For 3-yrs parents requested thier respective schools to sponsor &
fund girls' varsity softball. Girls have been playing summer club sports
leagues privately sponsored by the nonprofit Metropolitan Sports Foundation
which is scheduled to withdraw its funding within the next 2-yrs. Plaintiffs
allege discrimination in scheduling, opportunities to compete, equipment,
supplies and facilities.
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 New Hampshire: Female Enrollment=57%, Female Athletics
Participation=50%, Scholarship $'s Awarded to Female Athletes=41%, Average
$ Gap per Female Athlete (in one year) =$1,148, Total $'s Women Loose Due
to Discrimination (in one year)=$252,504.
FACTS:
February 15, 1994: Volleyball & softball will be varsity
sports in Fall of 1994. In 1995-96, Dartmouth will field 16 varsity sports
for men, 16 for women and 2 coed.
June 1993 Complaint: Student-athletes claim Dartmouth reneged
on a promise to elevate the softball team from club to varsity status.
In addition, the number of women participating in athletics doesn't reflect
the proportion of women in the student body. School officials say female
participation rates should be proportional by the 94-95 academic year.
FACTS:
UNH agreed to reinstate women's tennis and reach full compliance with
Title IX in five years. Will add women's golf, crew, volleyball & softball.
Claims 50% of its athletes will be women by 1996-97.
FACTS:
OCR Findings: Determined that the high school was not providing
girls' teams with equal treatment in coaches' compensation, publicity,
equipment, and facilities. Coaches of girls' sports are paid about $25,000
less overall than coaches of boys' sports. Also, girls' teams must be provided
wiith an equal opportunity to receive the services of the band, cheerleading,
concession stands, videographer and night lighting for practice and competition.
August 15, 1996: Agreement reached that the high school would
provide equivalent compensation not limited to experience, number of players,
length of season, etc.; to ensure an appropriate coach-to-athlete ratio
for the girls' hockey team comparable to other teams in the district.
FACTS:
Five former coaches of women's sports (three head coaches and two assistants)
were released from their contracts within six months of bringing Title
IX issues to light at the Division II university. The coaches claim that
they were retaliated against when they attempted to ensure equitable treatment
for female athletes. Five female athletes have also brought a class action
lawsuit against the school. They claim that their male counterparts receive
better scholarships (a disproportionate amount of money) and superior treatments
and benefits (facilities, publicity, etc.).
FACTS:
UNM eliminated gymnastics and added women's soccer.
FACTS:
May 21, 1998: Arthur Bryant of Trial Lawyers for Public Justice
sent a letter to West Point notifying school officials that a sex discriminiation
suit would be filed unless they agreed to meet with counsel. Under U.S.
Supreme Court precedent, public educational institutions can only exclude
females from programs if they have an "exceedingly persuasive justification"
for doing so and the exclusion is "substantially related" to the achievement
of an "important governmental objective."
April 28, 1998: The girl's father called to enroll his 14-year-old
daughter in camp. She had successfully competed on the Cornwall Central
School District's otherwise all-male wrestling team for two years and was
qualified under the guidelines for mixed competition promulgated by the
New York State Department of Education. The parent was initially told that
she couldn't attend because they'd need a separate dorm room and female
coach for her. Then, they said that the boys' egos would be crushed if
they lost to a girl. Finally, they said that wrestling simply wasn't an
appropriate sport for girls.
FACTS:
Lawsuit: The suit, filed in U.S. District Court, asks the judge
to elevate women's lacrosse to varsity status now rather than two years
from now. Syracuse has plans to add women's soccer in 1996 and women's
lacrosse in Spring of 1997. The school currently offers 11 varsity sports
for men and 9 for women, with 360 male athletes and 155 female athletes.
Females compose 50% + of the student body.
FACTS:
The plaintiffs claim that the university's decision to drop wrestling
after the 1994-95 season violates its contract with its recruited athletes.
St. Lawrence University made the decision because other institutions in
its new conference do not sponsor the sport. The cut would put the university
$40,000 closer to its goal of cutting $500,000 from its annual budget.
FACTS:
Later 1995: 7 students sued SUNY again in state court claiming
that the cuts violated Title IX by discriminating against men and that
student members of the Intercollegiate Athletics Board had been improperly
seated. A state judge ruled in favor of the university. In the appeal,
the court called their arguments meritless and that the president of the
university had the right to eliminate the teams. The percentage of female
athletes, since the change, is now 47% up from 35%.
March 1995: After a through review, Albany announced it will
eliminate wrestling, men's & women"s swimming, and men's tennis for
95-96. Albany also plans to limit the number of participants in some men's
sports. Percentage of females will rise to 47%, within 1% or 2% of the
proportion of women in the student body. In 1993, the ratio was 65% men
and 35% women.
August 1994 Settlement: UA announced that the programs would
return for the 1994-95 academic year. The Intercollegiate Athletic Board
would review the program, forward recommendations to the President by Dec.
31, and a decision would be made in early 1995. A stipulation which requires
a full study, independent panel and input from students is expected to
be signed between the parties.
Lawsuit: On June 3, 1994, Albany announced program cuts for
Fall '94 in an effort to maintain gender equity and fiscal responsibility.
Cuts would include men's and women's swimming, wrestling, men's tennis,
& JV programs in football & basketball; 8 men's sports and 11 women's
sports would remain. The lawsuit seeks to reinstate the 4 varsity sports,
asks the court to supervise the activities of the Athletic Dept & notes
students were deprived of an opportunity to transfer to another college.
The university added women's golf and field hockey for the 94-95 season.
FACTS:
Telford, former women's basketball coach, claims that she was unfairly
forced to quit her job in 1993 and that the university discriminates against
its female athletes and coaches. The NCAA placed St. Bonaventure on one
year's probation and limited its recruiting in the women's basketball program
as penalties for rules violation by the team.
FACTS: Defendants' motion for summary judgment: District Court
held that: (1) former coach failed to raise any genuine issue of material
fact regarding reasons for nonrenewal of her contract for purposes of retaliation
claim; (2) former coach failed to raise inference of gender discrimination
for purposes of discriminatory discharge claim; (3) former coach failed
to rebut reasons offered for wage disparities; and (4) former coach failed
to create inference of discrimination for purposes of Title IX claim.
Lawsuit: Former basketball and softball coach sued college,
athletic director, and presideint, alleging gender discrimination and retaliation.
FACTS:
A 1990 lawsuit has finally been settled, elevating the 23-year-old
women’s hockey club to varsity status for Fall, 1997. The women won a lawsuit
in 1992, but was later thrown out on appeal in 1993 because the plaintiffs
had graduated. Another group of players was recruited and a second suit
was filed. A settlement was reached just 3 weeks before the trial was to
begin. Attorney Faith A. Seidenberg argued the club’s 23-year existence
demonstrated its interest and ability to sustain a team, and Colgate discriminated
in funding a men’s varsity ice hockey team and not a women’s team. AD Mark
Murphy admitted there was interest and ability present, and further, that
women’s hockey is a growing sport at the high school and college levels.
STATUS:
June 1996: U.S. District Court for the Northern District of
New York ordered a trial because so many factors remian in dispute.
August 1993: Sex discrimination class action lawsuit filed.
FACTS:
Plaintiffs are asking the court to order establishment of a varsity
team pending a trial. In a second suit, 5 women ice hockey student-athletes
are suing to get Colgate to elevate the women's ice hockey club team to
varsity status. CU has denied 5 requests for varsity status. The suit claims
CU offers fewer opportunities for female athletes than males and treats
the men's ice hockey team much better than the women's team.
FACTS:
Colgate repeatedly denied women's ice hockey petitions to be afforded
varsity status. Five members of the team sued after the 4th request was
denied.
Ten students allege Colgate violate Title IX by (1) failing to provide reasonable opportunities for athletic scholarships for male and female athletes in proportion to the number of students of each gender participating in intercollegiate athletics, (2) failing to provide equivalent athletic benefits and opportunities to female athletes and male athletes, and (3) failing to effectively accommodate plaintiffs’ interests in intercollegiate athletics.
FACTS:
Terms Of Settlement: Women's gymnastics and fencing teams fully
reinstated; begin practice with interim coaches in January; full-time coaches
and competition schedule will be in place by September 1994. Cornell has
18 men's & 16 women's intercollegiate varsity teams involving 1,100
athletes.
Complaint: Nine female athletes filed a federal sex discrimination
complaint against Cornell after the women's gymnastics and fencing teams
were eliminated (along with men's gymnastics, fencing & freshmen football)
in a $600,000 cost cutting move in Feb. 1992. Women represent 29% of the
varsity athletes and 44% of the undergraduate student body at Cornell.
FACTS:
October 17, 1995 Decision: The former coaches received a $150,000
settlement. Meadows, removed as senior woman administrator of the athletic
department, is a tenured professor and remains on the physical education
staff.
January 20, 1995 Decision: An 8 person jury exonerated the defendents
on 9 of the remaining 10 charges (53 of the original 63 were dismissed
by Judge Scullin) & deadlocked on the remaining charge. There is some
disagreement over whether President Stephen Weber is personally liable
for violations of the coach's right to free speech by not renewing Smouse's
contract for the 93-94 season.
Lawsuit: Smouse, women's basketball coach, and Meadows, former
athletic director, claim the institution retaliated against them for assisting
a former colleague in the filing of an earlier Title IX complaint. Smouse
was told her contract won't be renewed; Meadows, who has tenure after 23
years, has been reassigned to coaching even though an ongoing medical condition
forced her to stop coaching in 1986.
FACTS:
Letter of Finding: OCR cited several areas not in compliance.
Women compose 56.8% of the student body and 39.3% of the athletic population
(18 teams). Since the complaint was filed, Oswego has added women's softball
& has made plans to add a women's lacrosse team. Oswego has agreed
to improve services, facilities & locker rooms for its women's teams,
as well as improve recruiting support.
Complaint: Dr. Patricia Peterson, retired Physical Education
Chair, filed a Title IX complaint on behalf of the institution's athletes.
FACTS:
V. Acosta and L. Carpenter, two tenured professors, filed a Title IX
complaint alleging widespread violation of Title IX in all women's sports.
FACTS:
Complaint: Duke and its head football coach are being sued by
Heather Mercer for allegedly keeping her off the team because of her sex.
The senior place-kicker had been attempting to become the first woman to
play Division I football. An all-stater in high school, she had tried to
walk on the football team at Duke for two seasons. Mercer was told by Coach
Goldsmith that she had made the team after an intrasquad game in April
1995. However, he later changed his mind and told Mercer that her presence
would be a distraction for other players. She is seeking compensatory and
punitive damages.
FACTS:
Complaint:Women’s basketball coach Ray Ingram filed a complaint
last year leading to an investigation by the Office for Civil Rights.
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 Duke University: Female Enrollment=49%, Female Athletics Participation=34%,
Scholarship $'s Awarded to Female Athletes=27%, Average $ Gap per Female
Athlete (in one year) =$2,603, Total $'s Women Lose Due to Discrimination
(in one year)=$326,712.
FACTS:
In the resolution, the District agreed to implement the following:
criteria for coaching supplements applied consistently for boys’ and girls’
sports; equitable publicity for sports through letter jackets provided
to the same extent for boys and girls, regardless of source; scoreboard
for softball field; equal opportunity to use the weight room; keys to athletic
and physical education facilities for all coaches as necessary to perform
teaching and coaching duties; reallocation of locker room space; and sexual
harassment training.
FACTS:
Bartges is head softball coach, and until June, assistant basketball
coach. In January of 1993 her request to be paid the same as the men's
assistant was turned down.
FACTS:
Complaint contends that the University discriminates against female
athletes in recruiting, travel, coaching, scheduling of games, equipment,
supplies and facilities.
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 Wake Forest University: Female Enrollment=48%, Female Athletics Participation=34%,
Scholarship $'s Awarded to Female Athletes=26%, Average $ Gap per Female
Athlete (in one year) =$3,655, Total $'s Women Loose Due to Discrimination
(in one year)=$311,444.
FACTS:
Women's volleyball coach Jolyn Montgomery files complaint charging
inequities in coaching salaries, number of full-time coaches, travel expenses,
publicity, use of courtesy vehicles and recruiting money.
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 Boston College: Female Enrollment=57%, Female Athletics Participation=38%,
Scholarship $'s Awarded to Female Athletes=30%, Average $ Gap per Female
Athlete (in one year) =$1,533, Total $'s Women Lose Due to Discrimination
(in one year)=$167,212.
FACTS:
In her 23 years of service, Dowell has served as faculty, women's basketball
coach and athletic director. She claims she was demoted because she complained
that men's sports were given a higher priority than women's sports. Mt.
Joseph became co-educational during her tenure as AD & began a football
team.
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 Toledo: Female Enrollment=52%, Female Athletics Participation=41%,
Scholarship $'s Awarded to Female Athletes=35%, Average $ Gap per Female
Athlete (in one year) =$1,124, Total $'s Women Lose Due to Discrimination
(in one year)=$113,942.
FACTS:
April 21, 1994: Jury agreed discrimination on the basis of gender
but the University had not violated Equal Pay Act. OSU said pay was based
on factors other than gender: team's record, coach's fund-raising skills,
market demand.
Lawsuit: Pitts, OSU's women's golf coach, claims sex discrimination
after a 10-yr battle over salary & is seeking pay equal to her male
counterpart. Claim states jobs require equal skill, effort & responsibility,
and are performed under similar working conditions. Her previous salary
was $35,712 compared to $63,000 for the men's golf coach. Pitts' players
have won 11 team and 14 individual Big Eight Conference Titles plus 16
All-American honors while Holder's have won 6 NCAA titles & dozens
of All-American honors.
FACTS:
Jury ruled: 1) district had violated Title IX by denying her the opportunity
to be a football coach because of her gender, 2) policy requiring FB coaches
to have 2-yrs coaching experience had a disproportionate effect on women,
thereby barring them from the position.
FACTS: Parents allege that the school district has denied female students of equal opportunity to participate in interscholastic and other school sponsored athletics and that equal treatment and benefits must accompany an equal oppoetunity to participate. Discrimination areas include equipment and supplies, scheduling of games and practice times, travel, opportunity to receive qualified coaching, assignment and compensation of coaches, and provision of locker rooms and facilities. Parents also ask for a significant number of additional athletics teams for female students to provide meaningful participation comparable to those offered to male students.
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 Tulsa: Female Enrollment=54%, Female Athletics Participation=37%,
Scholarship $'s Awarded to Female Athletes=31%, Average $ Gap per Female
Athlete (in one year) =$2,461, Total $'s Women Loose Due to Discrimination
(in one year)=$166,737.
FACTS:
Institution announced it would drop women's basketball; then reinstated
the program when faced with threat of a lawsuit.
FACTS:
Lawsuit: Coach Dugan coached OSU Softball for 6 years under interim
status. In a 1993 search to fill the position, Dugan was not treated comparable
to other candidates, filed a formal grievance, was rehired as interim coach
for 1993-1994, and suffered extreme retaliation for having filed a grievance.
Dugan was not given an opportunity to interview during a 1994 search. She
claims her salary and her team's budget, scholarships, etc., were not equitable
with male sports. Furthermore, she contends that she was punished when
she spoke out on gender equity issues.
Notes: The resolved issue was whether the district discriminated on basis of sex when a district swim team coach made a comment to a pregnant student on the team that, had he known the student was pregnant, he would not have allowed the student to join the team. The agreement resolves, but does not constitute admission by the district of any violation. The coach has not been employed since 2/10/96, but if re-employed, the district will counsel the coach regarding not making legally inappropriate comments based on pregnancy or related condition, and Title IX’s prohibition against discrimination or exclusion of any student from any program or activity on the basis of pregnancy or other related condition.
1994: Oregon State University was found in conformity by the OCR. As of January 1994, the student-athlete population was 62% male and 38% female. The student population in Fall of 1993 was 57.5% male and 42.5% female.
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 Oregon: Female Enrollment=51%, Female Athletics Participation=36%,
Scholarship $'s Awarded to Female Athletes=31%, Average $ Gap per Female
Athlete (in one year) =$1,406, Total $'s Women Lose Due to Discrimination
(in one year)=$150,772.
FACTS:
Complaint: The complaint claims the institution is not effectively
accommodating the women's program, giving its male athletes better equipment
and services than it gives its female athletes. The student body ratio
is 50/50 while athletic participation is 67% male & 33% female. Operating
budgets and coaching opportunities reflect the latter ratio.
Settlement: Former AD Fred Shabel facilitated negotiations.
Certain provisions are confidential but include: rehabilitation of women's
locker rooms, weight & training rooms, and the boathouse; part-time
head coaches of women's squash & gymnastics promoted to full-time;
part-time assistant coaches of field hockey & lacrosse promoted to
full-time; adding part-time assistant coaches for women's crew & lacrosse;
new equipment for several women's teams; appointment of a gender equity
advisory committee; fundraising to rehabilitate or develop office space
for coaches.
FACTS:
DeVarney, former basketball coach, claims she was fired for refusing
sexual advances made by the university athletics director, Brian Colleary.
She also claims she was treated unfairly with the men's coach receiving
a salary and signing bonus 3 times greater than hers, and the women's basketball
team had a smaller recruiting budget & fewer assistant coaches.
FACTS:
Bethlehem (PA) Liberty High's John Williams wanted to play goalie for
the girls field hockey team. Williams played on coed teams throughout 8th
grade, made the girls' high school team as a goal keeper but was later
removed by the school citing policy prohibiting boys from playing girls
sports. Williams played again his junior year when a federal judge ruled
he had a right to play.
FACTS:
Maudie, former softball & assistant basketball coach at IU, claims
wrongful discharge when she was forced to resign in 1989. She claims she
was paid less than her male colleagues and denied health benefits that
male coaches received at Indiana.
FACTS:
August 1997: IUP dropped women's gymnastics in lieu of adding
women's lacrosse, with the feeling that they could have more women competing
in lacrosse than gymnastics. The gymnastics team was a competitive D-II
program.
October 1993: Circuit Court said that eliminating gymnastics
would violate Title IX. The court noted that while women make up 55.6%
of IUP's student body, the comprise 38% of its athletes.
Lawsuit: In Spring of 1992, IUP cut women's gymnastics &
field hockey and men's soccer & tennis, reducing women's participation
from 37.77% to 36.51%, exacerbating "an already existing Title IX violation."
FACTS:
Settlement required the addition of new women's teams (swimming), upgrade
of women's crew to varsity and comparable treatment of men's & women's
teams in general. In a modified settlement, women's soccer was also added.
FACTS:
Lawsuit: In May of 1991, two women's teams (gymnastics &
volleyball) and two men's teams (water polo & golf) were downgraded
to club status. Plaintiffs seeking reinstatement of the gymnastics &
volleyball teams. Not seeking damages.
November 21, 1996: In a 2-1 decision upholding the violation
of Title IX by the university, the First District Court remanded only on
the issue of the remedy ordered. Thus, the university has another opportunity
to fashion a compliance plan.
August 1995 Rejection of Plan: Judge Pettine supported a plan
proposed by the students which would create women's varsity teams for gymnastics,
water polo, fencing & skiing. The order will not go into effect until
after a ruling on an appeal of Pettine's first finding in the 1st Circuit
Court of Appeals in Boston.
July 1995 GE Plan: Plan includes capping men's teams (eliminating
44 athletes), adding 5 JV teams (basketball, field hockey, lacrosse, soccer,
tennis) & increase in existing women's teams. BU expects the female
proportion of athletes to reach 49%, up from 38%. Trial Lawyers for Public
Justice has filed an opposition brief, urging the court to reject the plan
on the premise that the JV experience is not as meaningful or significant
as varsity, and the level of competition & quality of coaching is unknown.
June 26, 1995: Brown filed a 50-page brief, and was joined by
3 groups representing 1700 universities, including the American Council
on Education and the Association of American Universities. Appeal briefs
denounced the March decision, claiming it creates athletic quotas for females.
March 29, 1995 Decision: Brown was found in violation of Title
IX and given 120 days to file a compliance plan. Brown offocials said they
will appeal. Far more male athletes are supported at the varsity level;
thus, women receive less benefit from Brown's intercollegiate varsity program
as a whole than do men. Brown offers an equal number of men's and women's
sports but has 324 female athletes compared to 600 male athletes. Women
comprise 51% of the student body but only 38% of the varsity student-athletes.
February 1995: In its summation, Brown suggested that if the
plaintiffs prevailed, it would be unfairly forced to give preferential
treatment to female athletes at the expense of males (cut, cap or eliminate).
The plaintiffs' position "must be construed as an attempt to transform
Title IX into an affirmative action statute."
Sept. 28, 1994: Agreement requires BU for 3 years to continue
equitable allocation of locker rooms, athletic equipment, supplies &
practice facilities, scheduling of games and practices, use of the university's
weight room & opportunities to take training trips.
April 16, 1993 Appellate Court Opinion: The court aggressively
interpreted DOE's Title IX regulation & intercollegiate athletics policy
interpretation requiring institutions to effectively accommodate the interests
& abilities of male and female student-athletes.
Dec. 24, 1992, Court Decision: Judge Pettine stated evidence
indicates Brown may also be in violation of Title IX in the areas of funding,
publicity and recruitment. Before and after cuts, women accounted for 48%
of the student body and 37% of the varsity athletes.
FACTS:
USC dropped softball with intent to replace it with women's track.
Softball was reinstated and women's track was added.
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 South Carolina State University: Female Enrollment=58%, Female Athletics
Participation=33%, Scholarship $'s Awarded to Female Athletes=25%, Average
$ Gap per Female Athlete (in one year) =$1,001, Total $'s Women Loose Due
to Discrimination (in one year)=$42,781.
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 Wofford College: Female Enrollment=44%, Female Athletics Participation=34%,
Scholarship $'s Awarded to Female Athletes=27%, Average $ Gap per Female
Athlete (in one year) =$1,441, Total $'s Women Loose Due to Discrimination
(in one year)=$92,372.
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 Vanderbilt University: Female Enrollment=47%, Female Athletics Participation=41%,
Scholarship $'s Awarded to Female Athletes=31%, Average $ Gap per Female
Athlete (in one year) =$6,765, Total $'s Women Loose Due to Discrimination
(in one year)=$532,191.
FACTS:
The complaint alleges ongoing discrimination against fast-pitch softball
in favor of baseball.
FACTS: The complaint states girls are denied equal opportunity for participation in the District’s high school athletics, in that, a softball program has not been established, staffed, nor supplied with equipment and facilities equivalent to that of the boys’ athletic program. RISD agreed to establish a varistiy and junior varsity softball program equivalent in effect to the boys’ athletic program.
FACTS:
Suit is being brought forth by Billy D. & April L. Jamison et al,
along with 7 other families and all others similarly situated. Extensive
inequity was found between the girls’ and boys’ athletic programs, including
facilities, equipment, hiring of coaches, time of practice and in relation
to conflict with academic classes, meals, and methods for participation
(girls had to have coach’s permission to go out for basketball). The extension
is up 10/31/97, when the next status hearing will take place. Several attempts
were made to resolve with Superintendent Mel Yates, 7 months prior to filing
the lawsuit, to no avail.
FACTS:
Female basketball coach sued the University for retaliation in violation
of Title IX.
FACTS:
At issue was the failure to provide equal athletic opportunities in
the provision of locker rooms & practice and competitive facilities
for the girls’ softball teams at three high schools. Prior to the OCR making
a compliance determination, the District agreed to ensure that the quality,
availability, exclusivity of use, maintenance, preparation, condition,
and sufficiency of practice and competitive facilitites (including but
not limited to lighting, fields, restrooms, concessions facilities, spectator
capacity, public address system, press box, and electric scoreboards) for
female softball teams would be comparable to the boys’ baseball teams.
Pending the completion of the above, the District was to provide alternate
practice and competition facilities.
FACTS:
In September 1996, the district committed to providing
equivalent access for all boys’ and girls’ teams to the weight/conditioning
equipment & ensuring that the practice fields for girls’ softball and
boys’ baseball are comparable.
FACTS:
In comparing the opportunities provided the girls’ softball team to
the opportunities provided all other interscholastic athletic teams, the
OCR found that the District had taken the following steps to remedy violations:
restored girls’ locker rooms and added equipment storage; provided softball
team a practice and competition field with a semi-permanent fence on campus
(to be mowed, watered, and lined by the district maintenance on a continuing
basis); renovated to provide coaches with equivalent office opportunities;
designated an Athletic Coordinator for Girls to monitor the athletic opportunities
provided to female athletes. The District also committed to provide the
girls’ softball team with a budget for equipment and supplies equivalent
to that provied other boys’ and girls’ programs
FACTS:
Specifically, the complaintant alleged that different criteria were
used for qualifying for the girls’ basketball team when compared to the
boys’ basketball team. Also, it was alleged that the girls’ basketball
coach was not qualified.Prior to the completion of OCR’s resolution, the
District submitted a commitment to resolve the allegation. A procedure
for selection to basketball teams was presented to the OCR. The girls’
basketball coach about whom the allegation was made was replaced, and the
new coach hired was appeared to be more qualified.
FACTS:Subsequent to the filing of the complaint, the District took steps to ensure that all teams, including girls’ softball, were provided equivalent opportunities in the areas of: locker rooms; travel and per diem allowances; publicity and promotional services; opportunities to receive coaching; assignment of coaches; compensation of coaches. In August 1996, disparitities were observed in the practice facilities provided for the softball team and in the weight and conditioning equipment for female athletes. The District voluntarily committed to resolving these disparities.
FACTS:
The plaintiffs are seeking damages plus a restraining order & injunction
to force the two organizations to allow the girls to wrestle. Previously,
4 high school wrestling officials left a meet when a female wrestler weighed
in.
FACTS:
Bowers, former women's basketball coach, claims the university discriminated
against her because she is a woman and that she was dismissed March 28,
1994 (as of 5/31/94), due to her whistleblowing. Baylor claims her dismissal
was due to her win-loss record. She compiled a 168-257 record over 15 years.
She was fired and then rehired in Spring of 1993 after she filed a Title
IX complaint and threatened to sue. Athletic officials then notified Bowers
on August 30, 1993, that she needed to achieve a winning record. In November
of 1993 she revealed she had submitted a list of 10 alleged rules violations
in the men's basketball program. The findings from an internal investigation
were turned over to the Southwest Conference in 1993. The suit claims Baylor
descriminated against Women's Athletics in general and Women's Basketball
in particular (asst. coaches, scholarships, equipment, playing times, practice
times, transportation, housing, road trips).
FACTS:
Settlement: Texas Tech has agreed to start women's soccer in
Fall 1994 and add another team by 1995-96. The university has assured the
OCR that, by 1999, the proportion of female athletes in its sports program
would come to within 5% of the proportion of women in the entire student
body.
Complaint: A complaint was filed alleging discrimination against
women in hiring & recruiting, and inequitable treatment of Texas Tech's
men's and women's teams.
FACTS:
July 1993 Settlement: Besides adding soccer and softball, the
university plans on increasing the number of female walk-ons & decreasing
the number of male walk-ons. Changes will cost the university more than
$1- million a year. Costs will be met through fundraising, cost-cutting
and an increase in student fees. Soccer field is scheduled for completion
by Fall 1996, softball field by 1998.
Lawsuit: Seven women athletes filed on behalf of all female
varsity & intramural athletes; say school failed to provide adequate
participation opportunities as required by Title IX; seeking addition of
four women's varsity programs (Clubs: crew, softball, gymnastics &
soccer) to bring number of athletic opportunities closer to proportion
of females in student body. Women represent 47% of the student body, 23%
of the athletes and receive 33% of the athletic scholarships. Not seeking
damages.
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 North Texas: Female Enrollment=52%, Female Athletics Participation=39%,
Scholarship $'s Awarded to Female Athletes=30%, Average $ Gap per Female
Athlete (in one year) =$1,331, Total $'s Women Loose Due to Discrimination
(in one year)=$86,055.
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 Texas at El Paso: Female Enrollment=54%, Female Athletics
Participation=37%, Scholarship $'s Awarded to Female Athletes=31%, Average
$ Gap per Female Athlete (in one year) =$1,518, Total $'s Women Loose Due
to Discrimination (in one year)=$91,599.
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 Brigham Young: Female Enrollment=52%, Female Athletics Participation=38%,
Scholarship $'s Awarded to Female Athletes=30%, Average $ Gap per Female
Athlete (in one year) =$1,258, Total $'s Women Loose Due to Discrimination
(in one year)=$135,681.
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 Utah State University: Female Enrollment=51%, Female Athletics Participation=41%,
Scholarship $'s Awarded to Female Athletes=28%, Average $ Gap per Female
Athlete (in one year) =$1,749, Total $'s Women Loose Due to Discrimination
(in one year)=$170,937.
FACTS:
Complaint: Suit filed on behalf of students at Lakeland and
Nansemond River High Schools in the Tidewater region. Specifically, Kevin
Alston, an assistant principal at Nansemond, has sued on behalf of 11 students
over the League’s seasonal alignment of girls’ sports. Also, the American
Civil Liberties Union (ACLU) has joined the case. It is alleged that the
League discriminates because it does not schedule sports seasons for girls
the same way it does for boys. Sports are scheduled in three groups, based
on enrollment. Each boys’ sport in the three groups (A, AA, and AAA) plays
during the same time of year. In girl’s basketball, volleyball, and tennis,
the groups are scheduled for different seasons. AAA plays basketball in
the winter, while A and AA schools play in the fall. Opponents argue that
the system deprives girls of opportunities to play all sports of their
preference and hinders college athletic scholarship opportunities. The
league maintains that smaller schools do not have enough gym space to share
with other winter sports; therefore, they prefer to play basketball in
the fall.
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 Hampton University: Female Enrollment=61%, Female Athletics Participation=40%,
Scholarship $'s Awarded to Female Athletes=30%, Average $ Gap per Female
Athlete (in one year) =$2,513, Total $'s Women Loose Due to Discrimination
(in one year)=$153,711.
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 Liberty University: Female Enrollment=51%, Female Athletics Participation=32%,
Scholarship $'s Awarded to Female Athletes=26%, Average $ Gap per Female
Athlete (in one year) =$1,261, Total $'s Women Loose Due to Discrimination
(in one year)=$94,420.
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 William and College: Female Enrollment=58%, Female Athletics Participation=47%,
Scholarship $'s Awarded to Female Athletes=39%, Average $ Gap per Female
Athlete (in one year) =$1,436, Total $'s Women Loose Due to Discrimination
(in one year)=$193,818.
FACTS:
April 17, 1995 Agreement: U.S. District Court approved proposed
agreement (February). Virginia Tech will be brought into compliance by
1999. Besides the addition of lacrosse and softball, a new softball facility
is in the works and VT will provide comparable facilities overall. No men's
teams will be cut. Changes must be in place by 1996-97 and will be maintained
through 2001. There is a "good faith" exemption in regard to participation
ratios. Tech must provide annual reports to the Women's Law Center and
the students' attorneys to show compliance. The school will pay $50,000
to plaintiffs for attorneys' fees.
February 1995: Virginia Tech will bring female opportunites
within 3% of those offered for men by 1996-97 and will bring female athletes'
share of sports scholarships within 5%. VT added women's lacrosse in 1994-95;
and will start softball in 1995-96. Women now make up 34% of the varsity
athletes and 41% of the student body.
May 1994: Virginia Tech's Board of Visitors approved compliance
plan.
February 14, 1994: Virginia Tech's Board of Visitors reviewed
a plan to expand athletic opportunities for women but took no vote due
to the lawsuit.
January 25, 1994: 12 female club members claim the program violates
Title IX & are asking the court to order the institution to add the
current women's club teams of field hockey, softball, lacrosse & crew
as varsity sports. Plaintiffs are seeking parity in both participation
numbers and scholarship dollars. Women make up 41% of the student body
and 21% of varsity athletes. A varsity women's soccer team was added last
fall & the university is awaiting approval from its governing board
for a gender equity plan that will expand athletic opportunities for women
over the next 5 years.
FACTS:
Eloise Jacobs, the varsity women's basketball coach, initiated action
against the institution alleging that the institution violated the Equal
Pay Act; because she was not given equal pay for equal work in relation
to the men's basketball and baseball programs.
FACTS:
Assisted by the Women's Sports Foundation, the women's swim team has
gained a 1-year reprieve while the institution does a complete review of
the athletic program to determine the Title IX implications of its plan
to cut the team.
FACTS:
Institution dropped and restored women's basketball, men's and women's
swimming and wrestling.
FACTS: The remaining issue alleged that the district discriminated on the basis of sex by scheduling more boys’ than girls’ athletic events on Friday nights by shortening the girls’ cross country team’s fall 1995 competitive schedule, and unequal practice opportunities. Overall determination: OCR concludes the district is in compliance with Title IX on this issue, on the basis that evidence did not show any inequality.
FACTS:
53 women coaches and athlete plaintiffs charged that under the Washington
ERA and Law Against Discrimination, women's sports did not get a fair share
of financial support.
FACTS:
Original Lawsuit: Sanya Tyler, women's basketball coach since
1980, was awarded $1.1 million. Tyler also served as associate AD for 5
years and was passed over for AD. Tyler and men's basketball coach had
identical job descriptions but he was paid $78,500 and a car compared to
her $44,000.
June Decision: First time in a Title IX case involving athletics
that a jury awarded monetary relief. Still to be resolved is how Howard
will address the issue of gender equity in its athletics program.
Distribution of Award: The jury recognized the following damages:
$600,000 in Title IX compensation, plus $72,000 for emotional distress;
$138,000 under the Equal Pay Act; $600,000 in back salary under the D.C.
Human Rights Statute, plus $72,000 for emotional distress; $600,000 in
retaliatory damages, plus $250,000 for emotional distress & $54,000
for defamation (separate claim against a Howard official). Howard may also
be ordered to pay Tyler's attorneys fees.
August 1995 Decision: The court ruled Tyler had not established
a violation of the Equal Pay Act. The men's BB coach had more experience,
skill and knowledge, and more pressure to generate revenue. The jury award
for sex discrimination under state law stood. The court agreed with Howard
that Tyler was not discriminated against on the basis of sex in the selection
of athletics director. In regard to damages, Howard is entitled to a new
trial unless Tyler accepts a reduced amount of $250,000. The court found
sufficient evidence to establish a violation of Title IX in regard to differential
compensation of coaches, and treated Tyler's claims under the DC Human
Rights Act and Title IX as alternative theories supporting the same damage
award. The court did not find Howard guilty of retaliation and disagreed
with defamation judgment; granted motion for a new trial, limited to issue
of damages, unless Tyler accepts a reduction from $54,000 to $10,000.
FACTS:
Lambert, a Guyan Valley High senior, asserts that West Virginia is
discriminating against girls by scheduling their basketball season in the
fall instead of the winter.
FACTS:
Two former part-time volleyball coaches claim they were fired because
they are women; they were dismissed for allegedly violating NCAA rules
by allowing a student who was not a member of volleyball team to practice
with it.
or to 