A federal judge from the Western District of Washington has denied a motion for summary judgment put forth by the Federal Way School District in a case in which the district was sued for violations of Title IX (20 U.S.C. § 1681) and RCW 28A.640.020.
The plaintiffs were female participants on the wrestling team in the school district. They alleged that the district discriminated against them on the basis of sex in violation of state and federal law by denying them equal treatment and benefits in the provision of facilities, uniforms, competitive opportunities, funding and publicity.
The court noted that “compliance in the area of equal treatment and benefits is based on an overall comparison of the male and female athletic programs, including the provision of equipment and supplies, the scheduling of games and practices, the availability of training facilities, the opportunity to receive coaching, the provision of locker rooms and other facilities and services, and publicity.”
The programs do not have to be identical. But any disparity cannot be “substantial enough in and of itself to deny equality of athletic opportunity to students of one sex at a school.” McCormick ex rel. McCormick v. Sch. Dist. of Mamaroneck, 370 F.3d 275, 293 (2d Cir. 2004).
The court found that the plaintiffs “have put forth sufficient evidence from which a reasonable jury could find that disparities between the boys’ and girls’ wrestling programs … denied the plaintiffs equal athletic opportunity in violation of state and federal law.”
The court continued: “Viewing the material facts in the light most favorable to the plaintiffs, the court finds a reasonable jury could conclude the disparities alleged by the plaintiffs denied the plaintiffs equal athletic opportunity in violation of state and federal law.”
Gerald Carpio, for and on behalf of A.C., a minor, and A.C., a minor v. Federal Way School District; W.D. Wash.; CASE NO. C15-46 MJP; 3/11/16
Attorneys of the Record: (for plaintiff) Stephanie Beach, VAN SICLEN STOCKS & FIRKINS, AUBURN, WA. (for defendant) Charles P E Leitch, Charles W Lind, LEAD ATTORNEYS, PATTERSON BUCHANAN FOBES & LEITCH, SEATTLE, WA.
