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Education Law

Title IX Blog

News, legal developments, commentary, and scholarship about Title IX, the federal statute prohibiting discrimination on the basis of sex in federally funded schools.
By Erin Buzuvis, Sudha Setty, and Kristine Newhall

Post Frequency: 3.4/day

Last Entry: July 16, 2010 at 08:42:00

Still more from FGCU

Posted on February 27, 2009

Changes in harassment law in just a decade

Posted on February 26, 2009
We have posted about the harassment experienced by Arkansas (former) high schooler Billy Wolfe, (here and here) who is engaged in a lawsuit against his former school district. That lawsuit is ongoing.But this article reminds us that there were very few avenues for students who were victims of sexual harassment when that harassment was of the same-sex variety...

Former Assistant Coach Sues Fresno State

Posted on February 26, 2009
Did you think we were done blogging about Title IX cases against Fresno State? Me too.But the Fresno Bee reported Tuesday that a new lawsuit will soon be filed by a former assistant track and field coach, Ramona Pagel. Pagel is a former Olympian and American recordholder in shotput...

Training Rules to Premier at Philadelphia Cinefest

Posted on February 25, 2009
A documentary about Harris v. Portland will premier at a film festival in Philadelphia next month. Here is the description of Training Rules from the filmmakers' website:Rene Portland had three training rules during her 26 years coaching basketball at Pennsylvania State University: no drinking, no drugs and no lesbians...

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UNI drops baseball

Posted on February 25, 2009
University of Northen Iowa has decided to eliminate its baseball program. This news comes just days after University of Vermont announced that it would be dropping baseball and softball.The elinination will save UNI $400,000 and the remaining deficit will be made through cuts in travel budgets and not filling currently vacant staff positions.

Proposal Would Eliminate Sex Discrimination in Community Athletic Programs

Posted on February 24, 2009
A state legislator in Washington state has proposed a bill that would apply a Title IX-like nondiscrimination mandate to community athletic programs for children and adults. Since Title IX itself, which only applies to schools, does not cover community programs such as Little League, this new legislation would ensure that such programs provide equal access to equipment, supplies, facilities and the assignment of coaches and game officials regardless of the participants' sex...

Claims reinstated in high school rape case

Posted on February 24, 2009
As we wrote about not too long ago, the lawyer in a rape case involving a high school student in Upper St. Clair, PA recently filed a brief (in light of the recent SCOTUS decision) asking claims against administrators be reinstated.And last week a federal judge did indeed reinstate the Title IX claims...

The financial deterrent effect

Posted on February 23, 2009
The initial threat levied against schools not in compliance with Title IX was revocation of federal funding.It's a threat that has never been realized--never. As in never, ever.But financial repercussions are certainly being felt by colleges and universities as we have noted in cases such Fresno State, University of Colorado, and Florida Gulf Coast University in which institutions pay out settlements or jury awards...

UVM to cut sports

Posted on February 21, 2009
Probably not surprising that eventually we would report on sports being cut. With all the additions of sports, we were growing a little incredulous that athletic departments were actually feeling the economic downturn.But UVM's announcement that it will eliminate softball and baseball after this season included a lot about the need to deal with the budget crunch...

Article Advocates Title IX Approach to Olympic Games

Posted on February 20, 2009
In the current issue of the Seton Hall Journal of Sports and Entertainment Law, attorney Susannah Carr argues that the International Olympic Committee should look to Title IX as a model for eliminating discrimination against female athletes in the Olympic Games and the Olympic Movement more broadly...

Chronicle Projects Increased Title IX Enforcement in the Obama Administration

Posted on February 19, 2009
Gender equity advocates are optimistic about Title IX enforcement under the Obama Administration, according to an article in the current issue of the Chronicle of Higher Education. Though President Obama has not made specific statements about Title IX, he did single out the Department of Education for its "lax approach to enforcement" under President Bush...

More hockey in Wisconsin

Posted on February 18, 2009
One might think that Wisconsin probably doesn't need more hockey, but really--can there ever be enough hockey? Especially women's hockey?St Norbert College doesn't think so. It is banking on the regional popularity of the sport as it starts a women's team at their DIII (with football) institution...

WATN? Coach Roderick Jackson of Birmingham

Posted on February 14, 2009
In the spirit of WHB's "where are they now?" feature, I note that Roderick Jackson, the girls high school basketball coach who brought the successful and groundbreaking Title IX retaliation case against the Birmingham Board of Education, is back in the coaching game -- though coaching a different game...

Harassment Cases Roundup

Posted on February 13, 2009
Here is a quick round up of several Title IX harassment decisions that have recently come across the radar:Court of appeals affirmed district court's decision that a single instance of harassment was not sufficiently severe and pervasive for Title IX liability to attach...

More on Indiana baseball

Posted on February 13, 2009
As we noted the other day, the Indiana High School Athletic Association has changed its rule barring girls from trying out for baseball when their school offers a softball program--likely because of the legal pressures of Public Justice and the ongoing attention being brought to the association by repeated challenges to the rule...

Celebrate (and note the irony!)

Posted on February 12, 2009
Really cool event happening today down in Florida. Florida Gulf Coast University is playing host to former AIAW presidents who will gather for an event in which they will speak about their experiences in the organization and intercollegiate sports.Merrily Dean Baker will be there...

Player Sues Coach for Heterosexual Bias

Posted on February 12, 2009
Via Helen at Women's Hoops Blog, I learned about this recently filed lawsuit against Central Michigan State and its women's basketball coach, Sue Guevara. The plaintiff, former player Brooke Heike, alleges that Guevara, who was hired before Heike's sophomore season, dismissed her from the team and terminated her scholarship because she is heterosexual...

Former Athletic Director Settles with Georgia State

Posted on February 11, 2009
In December, Georgia State University dismissed its athletic director, Mary McElroy. McElroy, one of the few African-American female athletics directors at a non-historically black college or university, had served in the position since 2005 and was under contract until October 2011...

Update on Indiana Baseball

Posted on February 10, 2009
The Indiana High School Athletic Association (IHSAA) passed an emergency ruling allowing girls to try out for high school baseball teams, even if their schools offer softball. Public Justice, a public interest law firm, gets tremendous credit for filing a complaint that prompted the rule change...

College of Marin adding sports

Posted on February 09, 2009
I need to think of a new way to say "despite these tough economic times, _____ is adding sports." Because it's happened again and I am starting to wonder if we've now reached trend status.The College of Marin in California is adding two women's sports: softball and volleyball...

Worries over the WNBA

Posted on February 09, 2009
Feminist blogger Nancy Goldstein at Salon.com is expressing concern over the financial stress facing the WNBA these days.Due to the dissolution of the Houston Rockets and the mandated roster cuts on all other teams, the league is cutting approximately 20% of its players for the coming year...

Seeing effects of SCOTUS ruling

Posted on February 09, 2009
In light of the recent ruling by the Supreme Court, the lawyer of a female high school student in Pennsylvania, who alleges she was raped by a fellow student, has asked a judge to review previously dismissed claims made in the civil suit. There are not a lot of details on the case or the recently filed motion asking for the Title IX claims to be reinstated...

Russlyn Ali to Head OCR

Posted on February 07, 2009
President Obama has announced plans to nominate Russlyn Ali as the Department of Education's assistant secretary for civil rights (see also here). Ali, a woman of color, comes to OCR from a private, nonprofit research and advocacy organization, Education Trust, that works to promote education achievement generally with a particular focus on low-income and minority students...

6th Circuits Reinstates Plaintiff's Anti-Gay Harrassment Case

Posted on February 06, 2009
The Sixth Circuit Court of Appeals recently overturned a lower court's dismissal of sexual harassment case against the Hudson Area (Michigan) Schools. The plaintiffs sued the school district on behalf of their son, DP, who had suffered ongoing harassment from sixth through ninth grade...

UAA gets an extension

Posted on February 05, 2009
University of Alaska-Anchorage was prepared for a cantankerous battle with OCR over a gender equity complaint filed anonymously in the summer of 2008. Athletic director Steven Cobbs was not too pleased with the complaint (and a pending OCR investigation) which he thought was groundless...

Happy National Girls & Women in Sports Day!

Posted on February 04, 2009
Today is the 23rd annual celebration of National Girls and Women in Sports Day. Here, via the NGWSD website, are 10 ways to commemorate the day:1. Buy a basketball, glove, soccer ball or other sport gift for your favorite sportsgirl - send her the message that you think she can play sports...

Serena praises Title IX

Posted on February 04, 2009
I don't get to write much about tennis here given that much of the tennis news comes from the professional ranks. So even though this isn't much of a story, I still wanted to mention that Serena Williams, who just won her 10th Grand Slam title down in Australia this past weekend (and in doing so become the highest-earning female athlete ever) gave a shout-out not only to Billie Jean King but also Title IX...

Breaking news: ASU settles

Posted on February 03, 2009
A case brought by a (now former) female student at ASU who was raped in 2004 has settled for $850,000--the second largest settlement in a sexual harassment case to date. The settlement also requires the Board of Regents to start a program at all the Arizona state universities to address issues of women's safety...

Wisconsin Court Says Cheerleading Is a Contact Sport

Posted on February 02, 2009
File the Wisconsin Supreme Court's recent decision in Noffke v. Bakke under examples of cheerleading's increasing acceptance as an athletic activity.Brittney Noffke was a high school varsity cheerleader who was injured while practicing a sideline stunt...

Ohio school district provides good model

Posted on January 30, 2009
In Ohio, the Middletown School District undertook a voluntary study of equity in athletics and found some things to fix. (I always question how "voluntary" some of these studies are, but it appears that administrators just wanted to get a sense of the state of things...

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