The women’s track and field coach at the University of Hawaii has withdrawn a lawsuit, which alleged that her employer violated Title IX when it provided similarly situated men’s programs with preferential treatment.
Carmyn James had also alleged that UH Athletic Director Herman Frazier discriminated against her because she advocated gender equity. As an example, James noted in her complaint that Frazier, who was fired in January for unrelated reasons, limited her contract to one year, while similarly situated male coaches were given longer contracts with higher pay.
James made the decision to withdraw her suit just before the three-month deadline for having the suit served.
“I chose not to have it served because … I have had some very positive and productive meetings with both Herman and Carl (Clapp, associate athletic director),” James told the Honolulu Advertiser.
Interestingly, James was represented by Dan Siegel, who was also the attorney for former Fresno State women’s basketball coach Stacy Johnson-Klein and FSU volleyball coach Lindy Vivas, both of which were awarded significant jury verdicts after filing sexual discrimination suits.
James, who said the lawsuit wasn’t about “financial gain,” added that she was “pleased to say that I did not have to fully go down that legal path.
“As a result of the progress that we’ve made I have great faith that our administrative staff will do the right thing and that they don’t need a jury’s input in order to do so.”
“Although no changes have immediately occurred, I am very optimistic and confident that things will improve in the near future. Carl has a plan and Herman is very supportive. Together we are going to work more effectively to elevate the quality of the Women’s Cross Country and Track & Field program here at UH.”
