By Courtney L. Flowers
Three female student-athletes have alleged Title IX violations against a school district in Huntsville, Alabama. The lawsuit, filed in U.S. District Court on October 28th, claims Huntsville High School (HHS) denies female student-athletes equal benefits in school-sponsored athletics. The three-minor plaintiffs are being represented by their parents in their suit against Huntsville City Schools (HCS).
The two 15-year old and one 14-year old students are members of the HHS softball team. The plaintiffs allege inequitably of the school district’s standards and practices of its female athletic programs in comparisons to its male programs. More specifically the lawsuit calls for declaratory and injunctive relief citing the defendants illegally failed and refused to remedy intentional discrimination against the plaintiffs’ daughters based solely on their gender.
According to the lawsuit, the plaintiffs received unequal treatment in athletic funding, equipment and supplies, scheduling of games and practices, travel, coaching opportunities, facilities, training and medical services, and publicity.
Through the lawsuit, the plaintiffs seek to redress the deprivation of their daughters’ rights under federal law to receive equal treatment and opportunity to participate in interscholastic school-sponsored athletics. Moreover, they seek Declaratory Judgment citing the defendants violated these rights under federal law. In addition, the suit seeks an injunction requiring immediate cease of discriminatory practices used by HCS.
HCS released a statement regarding the lawsuit, “We always intend to follow Title IX and other statutes. We have not had an opportunity to review this complaint. When we do, we will respond” (Lawson and Conner, 2016).
Huntsville City Schools
HCS systems serves approximately 24,000 students in the greater Huntsville, Alabama community. The school district includes 36 schools in which seven are high schools. The HCS interscholastic athletic program supports students in grades 7 through 12 and includes the following sports: cheerleading, cross-country track, football, swimming / diving, & volleyball, basketball, bowling, indoor track, wrestling, baseball, golf, outdoor track, soccer, softball, tennis.
Huntsville High School
HHS is a public school located in Huntsville, Alabama and serves approximately 1,850 9th through 12th grade students. Athletically, the school offers f15 sports which include freshmen, junior varsity, and varsity teams.
The baseball team offers freshmen, junior varsity, and varsity teams at HHS. Moreover, they have 26 freshmen, 16 junior varsity, and 30 varsity members for a total of 72 boys on the HHS baseball team rosters. In addition, HHS has four assistant coaches and one head coach for its baseball team.
The HHS softball team has 14 members on its varsity team and 11 on its junior varsity team, for a total of 25 girls on their team roster. Huntsville High School currently does not offer a freshmen softball team and has only one head coach.
On the HHS athletic website, it states that each of its athletic teams “promotes the development of character, discipline, and work ethic among its players, who are given the opportunity to grow both mentally and physically, giving each the ability to find success on and off the field (HHS, n.d.).”
The Plaintiffs’ Specific Claims
Plaintiffs John K. and Karen E. White are the parents of I.W., Plaintiffs Shawn and Lauren Anderson are the parents of A.A, and Plaintiff John G. Smith is the parent of L.S; each argue when HCS illegally and intentionally denied their daughters equal treatment and benefits the Alabama school district violated Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq. and the Equal Protection Clause of the 14th Amendment to the United States Constitution and 42 U.S.C. §1983.
Title IX, enacted in 1972, states in part, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
HCS are subject to Title IX legislation due to The Civil Rights Restoration Act of 1987. This Act superseded the restrictions of partial Title IX compliance enacted by Grove City College v. Bell (1984), and increased Title IX regulations to include the entire institution and not just federally funded components; hence, redefining the word “program” to include all institutional operations.
Although more specifically to athletic participation, the Department of Health, Education and Welfare (DHEW) developed a “Policy Interpretation” of Title IX in 1979. Under the guidance of the Office of Civil Rights (OCR) the interpretation provides a “framework within which the complaints can be resolved, and to provide institutions of higher education with additional guidance on the requirements for compliance with Title IX in intercollegiate athletic programs” (DHEW, 2015). The Policy Interpretation of Title IX § 106.41(a) of 34 C.F.R., defines interscholastic athletics as a “program or activity” and specifically states “No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person or otherwise be discriminated against in any interscholastic, intercollegiate, club or intramural athletics offered by a recipient”.
As stated in the lawsuit, Regulations and the Policy Interpretation require HCS to comply with Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq. and the Equal Protection Clause of the 14th Amendment to the United States Constitution and 42 U.S.C. §1983 with regards to equal treatment and benefits of female athletes. Furthermore, they also require remedies for inequitably female athletic programs and unlawful treatment of female student athletes.
First Claim for Relief — Title IX
According to the lawsuit, the Plaintiffs cite the following allegations of Title IX violations by the HCS:
HCS provides more funding for male teams as compared to female teams.
HCS provides inequitable equipment and supplies for female athletes as compared to male athletes.
HCS discriminates against female athletes in the scheduling of games and practice times.
HCS discriminates against female athletes in the provision of pregame meals and travel per diem.
HCS discriminates against female athletes in the opportunities to receive coaching.
HCS provides inequitable athletic facilities for female athletes as compared to male athletes.
Specific to the softball grievances, the plaintiffs cite a number of Title IX violations. Overall, they state the baseball facility is far superior to the softball facility.
More specifically, the baseball locker room has central heat and air, restroom and shower facilities. In addition, the facility is equipped with a media room which is wired for Direct TV service, has space for eight individual coaches’ desk, and multiple exists. Moreover, the Plaintiffs’ argue the baseball locker room is connected directly to the home dugout which has finished ceilings, the floors are covered with rubber mats, and the facility is wired with electric lights. Whereas, the softball team facility had no running water, lacks a media room, and Direct TV service. The facility also lacks ample space for the coach, has one workable door, and the second door has no steps, so that there is a drop-off from the door to ground level.
Furthermore, the plaintiffs’ state the baseball team was furnished with major league-style benches with backs and the facility is completely enclosed with wrought-iron fencing and brick columns. In addition, the baseball facility has special lighting and landscaping with inlaid brick walkways and has two spacious bullpens, one for the home team and one for the visitor’s team. Whereas, the softball facility is not fully enclosed, has no ticket booth unlike the baseball facility, and the softball dugout benches are slab benches set on cinder blocks. Also, the softball facility has one bullpen of inadequate size, which must be shared by the home and visitor’s teams.
In addition, they argue the public restrooms at the baseball facility are larger than the restrooms at the softball facility and the concession stand at the baseball facility is superior as well. They further cite the baseball facility has ample secure storage facilities whereas, the softball facility has no secure storage areas and the baseball facility has superior drainage and maintenance as compared to the softball facility.
Second Claim for Relief – Equal Protection
The Equal Protection Clause is a component of the 14th Amendment to the U.S. Constitution. The clause states “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”. Therefore, this law requires HCS to provide equivalent treatment and benefits to female students and prohibits intentional and illegal deprivation of the softball student-athletes’ rights to equal protection under the 14th Amendment to the United States Constitution.
Injunctive relief
According to the lawsuit the plaintiffs seek injunctive relief to prevent the defendants from further discriminating against their daughters by unlawfully depriving them of equality before the law. The failure by the defendants to provide the plaintiffs’ daughters equivalent
treatment and benefits as their male counterparts at HHS deprives these girls of their equal protection rights. Hence the suit states HCS is liable for violating Plaintiff’s daughters’ constitutional rights under the 14th Amendment.
Interscholastic Softball Title IX lawsuits
This lawsuit does not reflect an isolated violation of gender equity in interscholastic sports, similar Title IX cases alleging gender discrimination in high school softball were filed in U.S. district courts this year.
In August, members of the Lake Oswego High School varsity softball team field a federal law suit in Oregon against the school district. The lawsuit cited gender discrimination stemming from inequitable facilities and treatment of softball players in comparison to baseball players. According to the Lake Oswego Review (2016), the suit originated when “a ‘substantial donation’ was made to build a hitting facility for the softball team later that year, but was never built because the funds were reallocated to another sport” (Jacobo, 2016).
Moreover, in September the Mooresville Graded School District in North Carolina was cited in another Title IX lawsuit which alleged inequities in softball facilities in comparison to baseball facilities. According to this lawsuit the high school softball program uses an off-campus facility which it shares with other teams while the baseball team uses a new on-campus facility.
The wave of Title IX lawsuits concerning high school softball teams collectively are arguing the same violations of unlawful treatment and inequivalent practice and competition facilities. In addition, the lawsuits similarly are not seeking monetary damages outside of attorney’s and court fees instead they are seeking remedy of the effects of institutional discriminating conduct hence fighting for benefits comparable to boys playing high school sports and the baseball team.
Currently all of these Title IX cases are still pending U.S. District courts.
Courtney L. Flowers, Ph.D. is a professor of Sport Management at Texas Southern University. Her scholarship encompasses Title IX, racial and gender inequality in the sport of Golf, and risk management policies and practices of Historically Black Colleges and Universities athletic departments.
References
Daley, J. (2016, April 11). The generation that made it better. ABC News. Retrieved from, http://abcnews.go.com/US/oregon-girls-softball-team-files-title-ix-lawsuit/story?id=38192077
Hanson, B. (2016, September 16). Softball parents sue Mooresville Graded School District over gender inequality. Time Warner Cable. WSOC-TV. Retrieved from, http://www.wsoctv.com/news/local/softball-parents-sue-mooresville-graded-school-district-over-gender-inequality/447676194
Huntsville City Schools (n.d.) About. Retrieved from, https://www.huntsvillecityschools.org/our-schools/high-school
Huntsville High school. (n.d.). About. Retrieved from, https://www.huntsvillecityschools.org/schools/huntsville-high-school/school-info-mission-vision
Jacobo, J. (2016, April 6). Oregon Girls’ Softball Team Files Title IX Lawsuit Against School District. Lake Oswego Review. Retrieved from, http://abcnews.go.com/US/oregon-girls-softball-team-files-title-ix-lawsuit/story?id=38192077
Jarrett, A. (2016, October 31). Parents sue Huntsville City Schools for discrimination against female athletes. Retrieved from, http://www.waff.com/story/33523273/parents-sue-huntsville-city-schools-for-discrimination-against-female-athletes
Law and Higher Education (n.d.) Civil Rights Restoration Act of 1987, Retrieved from, http://lawhigheredu.com/31-civil-rights-restoration-act-of-1987.html
Lawson, B. & Conner, K. (2016, October 31). Families of 3 Huntsville High School students file gender discrimination lawsuit against city schools. Retrieved from, http://whnt.com/2016/10/31/families-of-3-huntsville-high-school-students-file-gender-discrimination-lawsuit-against-city-schools/
United States Department of Education (2015). A Policy Interpretation: Title IX and Intercollegiate Athletics. Retrieved from, http://www2.ed.gov/about/offices/list/ocr/docs/t9interp.html
US Legal. (2016). Equal Protection Clause Law & Legal Definition. Retrieved from, http://definitions.uslegal.com/e/equal-protection-clause/
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