PRACTITIONER BLOG
Read our analyses of developments in Impact Litigation and stay current on class action law
Female High School Athletes Go the Distance in Title IX Settlement with Hawaii Department of Education
Female athletes at Campbell alleged widespread and systemic sex discrimination. Female athletes frequently had to use bathrooms in a nearby Burger King or hide underneath bleachers to change for practice. The girl’s water polo team would often have to practice in the ocean, facing winds and waves. Meanwhile, male athletes had access to their own locker room and appropriate athletic facilities. Moreover, when Campell’s female athletes reported disparate treatment to the school, they faced retaliation and threats to cancel the girls water polo season. Plaintiffs sought injunctive relief under Title IX. They alleged the Hawaii Department of Education and the Oahu Interscholastic Association failed to provide female athletes with equal athletic participation opportunities and equal athletic treatment and benefits. Plaintiffs also alleged the Department of Education retaliated against the class when student athletes reported gender discrimination.
Female athletes from James Campbell High School score class certification after Ninth Circuit Appeal
When several students and parents from the girl’s water polo team flagged concerns of gender discrimination, the DOE retaliated against the class. The administration threatened to cancel the water polo season, increased scrutiny of the team, and mysteriously lost required team paperwork. This retaliatory conduct and the stark inequality between male and female athletes at Campbell are out of bounds under Title IX. In an upset, the District Court denied class certification in 2019 finding that the class failed to meet numerosity standards and, for the class-wide retaliation claims, that plaintiffs failed to show typicality and commonality.
BROWN UNIVERSITY RE-LEARNS TITLE IX LESSON: DON’T “RILE UP” THE AMY “COHENS OF THE WORLD”
Cohen v. Brown University, which the First Circuit just referred to as “This landmark Title IX case,” started in April 1992, after the school stopped funding its varsity women’s gymnastics and volleyball teams. Eleven female athletes won precedent-setting rulings, preserved their teams, and forced Brown to comply with Title IX notwithstanding Brown violating the agreement in the open to “kill this pestilential thing.”