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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

Indiana girl gets baseball tryout

Posted on March 01, 2008
After being informed of its discriminatory ways, the Indiana High School Athletic Association has waived its rule that states that a girl cannot participate in baseball if the school offers softball. Baseball player Heather Bauduin is the impetus behind the waiver...

College Sports Council Cites Lack of Proportionality at Historically Black Colleges

Posted on February 29, 2008
The College Sports Council (no fan of Title IX) earlier this week released a study about Title IX compliance at historically black colleges and universities. The results: 73 out of 75 of HBCUs fail the proportionality prong of the three-part test. This means that for nearly all HBCUs, the percentage of athletic opportunities for women is lower, in some cases much much lower, than the percentage of women on campus...

Court Won't Dismiss Pay Discrimination Case Against Youngstown State

Posted on February 27, 2008
The federal district court for the Northern District of Ohio held last week that Sandra Denman, formerly the general counsel for Youngstown State, could proceed with her claims of wage discrimination and retaliation against her former employer.In September 2003, Denman analyzed the salaries of executive positions in the university and concluded that they revealed a pattern of discrimination against women...

Maine parent sues school district over teacher's sexual assault of her son

Posted on February 26, 2008
A lawsuit filed last week in the federal district court in Portland, Maine, alleges that the school district violated Title IX by not protecting the plaintiff's son from sexual assault by a female teaching assistant at the alternative high school he attended...

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If you cheer louder...

Posted on February 25, 2008
...maybe you'll get a better grade.The University of Oregon recently elevated competitive cheer to varsity status but that has not helped its grade on the recently released Gender Equity Scorecard. Oregon earned an F and has found itself 97th among 115 colleges and universities (and last in the Pac-10) for its gender equity efforts...

Belmont Abbey College Faculty Challenge Exclusion of Contraception from the Health Care Policy

Posted on February 24, 2008
Update 2/25. We have heard that, contrary to the media report cited herein, the faculty and their counsel are not planning to challenge the college's contraception policy under Title IX. Rather, they have filed a complaint with the EEOC under Title VII, and they are challenging the school's policy under state law that requires insurers that offer prescription drug coverage to include coverage for contraceptives -- a law that, like Title IX, makes an exception for religious institutions...

Two Title IX Notes in the Wisconsin Women's Law Journal

Posted on February 23, 2008
The new issue of the Wisconsin Women's Law Journal contains two student-written pieces that address different aspects of Title IX.The first, by Madeline E. McNeeley, argues that educational institutions should do more to protect pregnant and parenting girls from discrimination, as the law requires...

Survey says? No baseball

Posted on February 22, 2008
In Michigan, the Gladstone Area Schools will not be adding baseball any time soon. Though there is interest in the sport, starting a program would further exacerbate the Title IX problems the district is having. They have not achieved proportionality which would mean adding baseball would mandate adding a girls' sport which, officials say, is not in the budget...

Parents Demand, Are Promised, Equity for Girls' Sports

Posted on February 21, 2008
?I guarantee you this.... From this day forward, if the girls are eating a bologna sandwich, the boys will eat a bologna sandwich.? This memorable quote was Raleigh County (WV) Superintendent Charlotte Hutchens's unequivocal promise for equal treatment for the female athletes at Woodrow High School...

Florida's Foley: Don't Blame Title IX

Posted on February 20, 2008
This month's issue of Scholastic Coach and Athletic Director features an interview with University of Florida Athletic Director Jeremy Foley. I was extremely pleased to read his take on Title IX:[SC&AD]: Depending on who you talk to, Title IX is responsible for cuts in non-revenue sports (like fencing, soccer, and wrestling) or Title IX is being used as an excuse by athletic departments to justify cutting non-revenue sports and reallocating that money to the big ones (football and basketball)...

Other voices in North Carolina

Posted on February 19, 2008
The coverage and commentary we have read thus far on the proposal to add a football team at the University of North Carolina Charlotte has suggested that there is near-unanimous support for the plan, though with a healthy amount of concern over where the millions of dollars it would take to do so would be coming from...

Slippery Rock cuts swimming

Posted on February 18, 2008
It's official. Slippery Rock University which, several years ago tried to cut women's swimming and diving and water polo but was prevented by a lawsuit, has done so. SRU was prevented from cutting these viable women's teams because it had not achieved proportionality and the court ordered that SRU must remain within two percentage points...

Softball Players Sue WVU Tech

Posted on February 17, 2008
Two softball players recently filed a Title IX lawsuit in federal court challenging the inequality of facilties, equipment, and funding for the West Virginia University Institute of Technology softball team. The plaintiffs, Terri Harrison and Alexis Cox, allege that WVU Tech reneged on its promise to install new lights, restrooms and locker rooms at the softball field, which it made last year to resolve a complaint the players had filed with OCR...

Entire Georgia County Moves to Single-Sex Schools

Posted on February 16, 2008
Even the National Association for Single Sex Public Education thinks that Greene County, Georgia, is going too far in its plan to convert the entire district to single sex schools by next fall. Hundreds of school districts have incorporated single-sex education into their curricula since the Department of Ed made it legal in 2006, but this is the first time the practice has been implemented county-wide...

Another Thing in Common

Posted on February 15, 2008
Fresno State and Florida Gulf Coast University have been compared for evoking similar claims of widespread sex discrimination in their athletic departments. So it is worth noting another thing they have in common. They both hired female head coaches this week...

Johnson-Klein Accepts Revised Damages Award

Posted on February 15, 2008
A brief update to last week's post about the choice confronting Stacy Johnson-Klein in the wake of a judge's ruling on Fresno State's post-trial motions: accept a revised damages award of $6.6 million in place of the $19.1 million the jury awarded her in December, or roll the dice with a new jury...

Pre-trial offers in Long Beach

Posted on February 15, 2008
Set to go to trial next week is the case involving the Long Beach United School District and the displaced gymnastics team of Wilson Classical High School. Brief re-cap: the gymnastics team's dedicated facility within the high school was taken away from them last year and turned into a weight room allegedly for everyone but others contend it will be used primarily for boys' athletics...

Two years, two complaints in Darien

Posted on February 14, 2008
OCR headed to Darien, CT for the second time in two years last week. In 2006 after a complaint filed by a parent of a female swimmer, OCR visited Darien High School only to find no problem with the swim programs but an issue with the number of opportunities female student-athletes were (not) getting...

Single-Sex Education Stereotypes Boys

Posted on February 13, 2008
After reading Professor David Cohen's "No Boy Left Behind: Single-Sex Education and the Myth of Essential Masculinity" I am more convinced than ever that the single-sex education craze prompted by the Department of Education's 2006 policy has already started to entrench harmful rigid stereotypes about gender that are harmful to boys as well as girls...

UW Must Defend its Handling of Student Rape by Football Player

Posted on February 12, 2008
Yesterday the Washington State Court of Appeals reinstated a Title IX case against the University of Washington, paving the way for UW to defend at trial whether its handling of a football player's alleged rape of another student violated Title IX.The plaintiff, referred in the opinion as S...

Changes in Morehead State's Athletic Department

Posted on February 12, 2008
In an effort to increase opportunities for female student-athletes, Morehead State University, is reconfiguring its athletic department. What is especially interesting is how they are going about this. At UNH, OU, JMU all we heard about were cuts, cuts, cuts and the allegedly disparate effect on men...

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