Showing posts with label softball. Show all posts
Showing posts with label softball. Show all posts

Tuesday, April 16, 2019

Sixth Circuit Calls Off EMU's Reinstatement of Softball

The Sixth Circuit Court of Appeals has reportedly granted a stay that pauses a district court's order that Eastern Michigan University reinstate its women's softball team. As we blogged about last fall, the district court granted a preliminary injunction that would prevent the university from terminating softball along with the women's tennis team because the cuts would leave EMU in violation of all three prongs of  Title IX's test for compliance in the number of athletic activities available to each sex. Then in February EMU went back to the district court with a plan to add lacrosse instead, which the court rejected, ordering the university to hire a softball coach by April 1 and start planning for competition next season. Though the university reinstated tennis, it petitioned the appellate court to stay the district court's order.  

The Sixth Circuit Court of Appeals granted the requested stay, reasoning that Title IX requires equity in the availability of athletic opportunities overall, but does not require a university to support particular teams. Either proportionality or the absence of unmet interest among women (as the underrepresented sex) could satisfy the law's equity requirement, so the EMU could theoretically demonstrate Title IX compliance by adding or expanding women's opportunities in sports other than softball.

While I agree that Title IX doesn't require EMU to carry any particular sport, I have two concerns about using that rationale to undermine the court's injunction against cutting softball. First, will substituting softball with lacrosse bring the university into proportionality compliance? Because the fact that softball players are challenging the university's decision to terminate their team is evidence of unmet interest, so prong three is off the table.

Second, even if lacrosse-for-softball does bring the university into proportionality compliance, the timing of this is all wrong. Without softball, the university is out of compliance *right now* because of unmet interest. That's why the district court enjoined the cuts. If the university wanted to replace softball with lacrosse, it should have added lacrosse first to attain proportionality, then cut softball. If district courts can't effectively prevent unlawful cuts from happening before they happen, then Title IX loses whatever teeth it has to keep universities accountable for equity in athletics. EMU seems to be getting away with noncompliance here, so what's to stop other universities from taking the same "cut now, comply later" approach? 

Wednesday, October 17, 2018

Eastern Michigan Must Reinstate Women's Teams

A federal district court in Michigan has issued an injunction against Eastern Michigan University that will prevent it from going forward with its plans to cut women's softball and tennis teams.  The university had announced plans last year to cut those teams, along with two men's teams, wresting and swimming and diving.  However, as the court correctly determined, cutting the same number of men's and women's teams is not gender equity when men have disproportionately more athletic opportunities to begin with, and continue to have a greater share of opportunities once the cuts have taken place.

The undergraduate population at EMU is about 60% female, yet the distribution of athletic opportunities favors men, 56:44 percent. Accordingly, EMU did not try to claim compliance under the proportionality prong. Nor did it argue that it complied under the third test that calls for the absence of unmet interests and abilities among members of the underrepresented sex -- a decision the court validated by pointing out that EMU's elimination of women's programs creates the very unmet interest the third compliance prong requires to have been satisfied.

Instead, EMU argued that the average number of athletic opportunities over the last five years was greater than the average number over the five year period before that, thus satisfying compliance under the second compliance prong, which calls for "history and continuing practice" of program expansion for the underrepresented sex.  Of course, the court saw through the this arbitrary comparison of averaged data, which only served to mask the fluctuation up and down of the number of female athletic opportunities. This compliance prong calls for steady growth, which EMU's numbers did not show. In addition, EMU's most recent addition of a women's team was rowing in 2000 - hardly evidence of continuing practice. Though EMU also tried to claim credit for increases to female athletic opportunities under its roster management plan -- i.e, expanding the rosters of its existing women's teams --  the court rejected this as well because EMU could not show that such increases were "responsive to the developing interests of the underrepresented sex" as this compliance prong requires. Upon concluding that the plaintiffs had demonstrated likely success on the merits as well as the other factors consider when deciding on a preliminary injunction, the court ordered that the university must reinstate the eliminated teams.

EMU's argument about compliance under the second prong was so astonishingly weak in my opinion, that the outcome here was hardly surprising. The court's thorough analysis, however, is helpful to addressing misconceptions about the second compliance prong. In addition, the court's order to reinstate eliminated teams should provide a cautionary tale for any college athletic program that thinks cutting an equal number of men's and women's teams is equitable when women are already seriously underrepresented.

Decision: Mayerova v. Eastern Michigan Univ., No. 2:18-cv-11909 (E.D. Mich. Sept. 27, 2018).

Tuesday, September 12, 2017

What has been happening at Auburn?

Well whatever has been happening, it has been happening for a few years. But news of problems within Auburn University's softball program only emerged a couple of weeks ago when a former player filed a Title IX complaint alleging that an associate coach was sexually harassing and having sexual relationships with players. But the investigation into associate head coach Corey Myers's actions by the school began in a year ago spurred by anonymous ethics complaints.

Yet Myers did not leave the program until March (he took a 2-week leave of absence when the investigation began*) when he resigned citing the need to be with his family. He is the son of head coach Clint Myers who, not coincidentally, announced his retirement right before news broke of the Title IX complaint and who also said it was due to the desire to spend time with his wife, children, and grandchildren. The elder Myers is a highly regarded figure in intercollegiate softball having coached the very successful (in terms of wins) Arizona State Sun Devils before going to Auburn in 2014. He has also worked with USA Softball.

What has been published about the harassment and conduct of the younger Myers and how it was handled by Auburn suggests a cover up. The timing of the elder Myers's retirement announcement supports that hypothesis. Also, the athletics director said in late April 2017 that he had no knowledge of an investigation. And when Clint Myers told the press in early April that he would welcome his son back to the program and a reporter asked about a Title IX investigation he seemed offended that such a thing was even brought up.

The player who filed the Title IX complaint (which included allegations of both the abuse and the cover up) was a redshirt player who was cut following the end of the 2017 season. This scenario often leads to a sour grapes defense. However, the complainant's story has been corroborated by others you played under Myers and Myers. One player, who transferred to another school, showed the media suggestive text messages sent by the younger Myers to another Auburn player (she took pics of the texts). When these texts were brought to the administration as evidence, a member of the athletic department told those seeking redress that they could be arrested for sharing those messages. So it seems the athletics department was engaging in intimidation and cover up based on this version of events. Other former players have also come forward with stories of illegal behavior and attempts to get the school to address it. 

It is clear that the situation created tension within the team. The player who was receiving the texts did not implicate Corey Meyers during the Fall 2016 investigation. This caused division among the team even into spring 2017. An incident involving an Auburn player in an altercation with University of Florida head coach Tim Walton during the post-game high-five line now has some context. She and other members did not want to ride the bus with the uncooperative player. In other words, this situation and the way the staff and the administration dealt with it caused problems within the team. To an outsider it looked like a fairly successful season with a loss to a good team.

No word on whether or when OCR will investigate.



* according to one player, team members were encouraged to go to the administration during this time and advocated for Corey Myers's return.

Friday, September 02, 2016

Updates

University of Florida:
The student hearing of football player Antonio Callaway went as predicted. The outside arbiter found him not guilty of sexual misconduct.The victim, protesting the use of arbiter who is an alum and contributes money to the football program, boycotted the hearing.
It is unclear whether the victim plans  to take any additional action. Callaway is in action this Saturday against our local team, the University of Massachusetts. Interestingly, five of his teammates are not. They have been benched for various offenses including shooting BB guns in the residence halls and fighting during practice. Team culture...
One important clarification about this case. The media I read prior to my initial posting implied that using an outside arbiter (something I suggested might need review as a legitimate procedure for handling cases), was a common practice at UF. In fact, it is not. This was the first time UF had gone this route. This is eerily similar to Erika Kinsman's case at Florida State where a retired judge was brought in to conduct Jameis Winston's hearing and found him not responsible for sexual misconduct.

Kent State
The plaintiff who filed a lawsuit against the school in February 2016 alleging the school violated Title IX in the handling of her report of rape by her softball coach's son, has a filed a second lawsuit. This one is related to the university's failure to provide documents, including personnel records and student reviews of the softball coach, needed for the case. A judge has ordered this lawsuit to mediation. KSU has said the records requests from the plaintiff lack merit and specificity. It seems they are going down the dig-in-our-heels route.


California bill:
The bill initially proposed by state legislator Ricardo Lara has been amended after intense backlash from conservative religious organizations and schools. The initial attempt by Lara was to prevent these schools from discriminating against LGBT students by denying them exemptions. He changed the bill to mandate that religious colleges with exemptions reveal that fact (to whom or how is unclear based on media coverage) and that they report to the state when a student is expelled for violations of morality codes.
The bill and the ensuing controversy was mentioned in a recent Atlantic piece about the ongoing tensions between religious institutions, LGBT discrimination, and government funding of education.

The transfers issue:
Indiana State University took one day to dismiss from its football team a transfer from after they became aware of his alleged involvement in a sexual assault when he was at the University of Kansas. Though I remain suspect about the exchange of information that occurs in the transfer process, it does seem like ISU acted quickly. Perhaps it was just because a civil lawsuit against the player has been announced and ISU does not want to get caught up in the whole thing. In short, the decision was not very proactive, but it also was not as reactive (i.e., let's wait to see what happens) as we have seen in other situations.


Saturday, April 09, 2016

Oregon High School Softball Team Sues District Over Unequal Facilities

School officials in Lake Oswego, Oregon, allegedly told the high school girls' softball team that they would have to win a state championship before the school would upgrade their facilities to match the level of quality that the boys' baseball team receives.  In a lawsuit challenging this disparity in treatment under Title IX, the softball player-plaintiffs strike back, pointing out the unfairness of holding them to such a high standard while refusing to improve the level of support for the team.

In the lawsuit, the softball players allege that their facilities at a nearby junior high school consist of a dirt field with poor drainage that often requires them to cancel games due to poor conditions.  They also lack designated locker room and basic amenities like water fountains.  Meanwhile the boys' baseball team plays in a stadium at the high school that is decked out with artificial turf, locker rooms, pitching machines, an enclosed batting area, a press box, sound systems, water fountains, and well-maintained bathrooms.

The school district claims that improvements to the softball field are being made, though if this is their only defense, that would not be enough to dismiss a Title IX challenge. Title IX requires that schools provide equal treatment to their boys' and girls' athletics programs overall.  It is not necessary to treat all sports equally or provide similar treatment to the boys and girls teams in the same (or similar) sport. Theoretically, a school court argue that (for example) a world-class swimming facility for the girls, if it had one, swim team offsets the similar level of luxury that the boys' baseball team enjoys.  However, intra-sport or similar-sport comparisons usually end up being good indicators of overall disparity in support for the boys and girls programs in the aggregate. 

Friday, February 19, 2016

Kent State faces lawsuit over assault cover-up and retaliation

We have seen emerge a pattern of sexual assault cover-ups by intercollegiate football teams recently. Kent State has interrupted that pattern--not in a good way.

The university is facing  lawsuit by a former softball player who alleges that her own coach, Karen Linder, tried to cover up the assault the player reported to her. Why? Because the assailant is the coach's son, also a student-athlete. When the player did indeed report the rape, the (now former) coach retaliated in ways that forced the player to quit the team.

Though this in itself is awful, what exacerbates these feelings--along with my cynicism--is that the coach sought out her player who had not initially reported the assault but who was clearly affected by the incident. Changes in the player's behavior, socially and academically, compelled the coach to ask if she had been sexually assaulted and also ask, according to the lawsuit, if her son was the perpetrator. When she found out that he was, she was apologetic but also asked that the player not share this information with anyone else (her family already knew) and wanted her to talk to her son to try to resolve the issue.

The player tried to move on but had difficulties sharing facilities with the baseball team (of which the son was a member) and going to the coach's (and her son's) home for team events. The player also came to find out that Linder should have reported the assault to the university once she knew about it. The player initiated a complaint with the athletic director that her coach had not done this; the athletic director went directly to Linder who resigned almost immediately but did so railing against the student athlete the whole time and rallying support for herself while decrying the actions of the player and the university. This effectively created a culture on the softball team, maintained and perpetuated by the replacement coach, that was hostile to the student athlete's continued participation.

The lawsuit is against both Karen Linder and the university. The latter is not commenting at this time.

Saturday, December 05, 2015

Duluth Coaches and Students File Title IX Complaint

A group of four former student athletes, one current student athlete, and three former coaches have filed a complaint with the Department of Education's Office for Civil Rights challenging widespread sex discrimination within the athletic department at the University of Minnesota-Duluth. The former coaches -- Shannon Miller, Jen Banford, and Annette Wiles -- are also plaintiffs in a lawsuit against the university challenging sex- and sexual orientation- discrimination that resulted in the termination or forced resignation of their jobs.  But the OCR complaint alleges even more widespread sex discrimination that affects students and coaches alike.

Allegations in the complaint include the following:
  • women's ice hockey team has a smaller operating budget (by over $270K) than its male counterpart
  • women's softball team was forced to have tryouts in order to pad the number of female athletes reported for gender equity purposes, then the department made the coach cut those extra players for budgetary reasons 
  • some female athletes were fraudulently reported as participants in multiple sports
  • men's basketball team is allowed to carry redshirt players, while the women's team is not
  • the department has terminated female coaches, depriving female athletes the opportunity to receive coaching of high quality
  • the department provides men's teams coach with resources like vehicles, a restaurant expense account, and support staff, that are not provided to the women's coaches on equal terms. 
  • the men's basketball team has a locker room five times larger and of superior quality than the locker room for women's team
  • the men's hockey team is provided with resources like snacks, meals, travel funds to tournaments that were not provided in equal measure to the women's team. 
  • the women's basketball team had fewer games and travel opportunities than the men's team; the women's team had to fundraise for travel and the men were not
  • men's teams had bigger budgets for recruiting, more equipment and uniforms, and medical equipment denied to women's teams
  • female athletes have fewer opportunities for scholarships, such as funding to enroll in special May term, J-term, and summer semesters that male athletes receive
  • the department does less promotion for female teams than its male counterparts, among other examples, it tweeted about men's hockey 309 times compared to 69 tweets about women's hockey
OCR will now consider whether to open an investigation (it likely will).  If the allegations are validated, it is very hard to imagine how they could not constitute violations of Title IX. While it is not necessarily a violation to have a disparity in treatment between men's and women's teams in the same sport, it is a violation when the athletic department's pattern is to select the women's team for inferior treatment all or most of the time.

Saturday, July 18, 2015

OCR and Fayetteville State Enter Resolution Agreement over Athletics Complaint

The Department of Education's Office for Civil Rights has reportedly entered into a resolution agreement with Fayetteville State University in North Carolina, resolving a Title IX complaint that alleged inequitable treatment of women's sports.  The complaint was filed by the parent of a former softball player whose chief concern was a disparity in access to the trainer and other medical care. The resolution agreement requires FSU to assess compliance with Title IX's requirement for equal treatment regarding equipment and supplies, scheduling for games and practices, travel and per diem allowance,opportunities for coaching and academic tutoring, assignment and compensation of coaches and tutors, provision of locker rooms, practice and competitive facilities, provision of medical and training facilities and services, provision of housing and dining facilities, and publicity. The university has a 2018 deadline to correct disparities revealed by the assessment. 
   
The complainant was pleased about the agreement but was also quoted as questioning why university officials "weren't making decisions [about compliance] all along?"  It seems she shares my frustration for this weak, generic version of Title IX enforcement that lets universities get away with avoiding compliance until a resolution agreement occurs.  Title IX regulations about equal treatment have been on the books since 1975. The time to "start" the process of compliance was forty years ago.

Also, the resolution agreement apparently does not address the disparity in the number of athletic opportunities for male and female students, at least, no mention of that appears in the article linked above.  This omission is noteworthy because according to public data, FSU's student body is 67% female, but women receive only 69 out of the university's 179 athletic opportunities -- under 39%.

Thursday, July 02, 2015

Rider College Softball Coach Files Lawsuit Challenging Dismissal

Patricia Carroll, head softball coach at Rider College since 1994, filed a lawsuit last week in the federal court in New Jersey, arguing that her employment contract was slated for non-renewal in retaliation for her complaints that Rider's women's programs received fewer resources than the men's. In particular, she alleges that her complaints targeted inequities in scholarship money and booster funding, as well as the size of coaching staff and quality of facilities like locker rooms.

Though Carroll has won three championships in the past, her record over the past three seasons is reportedly 26-127.  So it's possible that the college will claim that its decision was motivated by performance rather than retaliation. To win her case, Carroll will have to undermine this rationale and prove that it is pretext for retaliation, such as by proving that other coaches with similar records (and who have not spoken out about Title IX violations) are retained. 

Because the college's decision not to renew Carroll does not take effect until next summer, Carroll is in the unique position of challenging her termination while she is still employed. She is suing to keep her job, as well for unspecified compensatory and punitive damages.

Thursday, May 28, 2015

Former Softball Player Sues St. Joseph's University Over Hazing

This month, St. Joseph's University suspended its softball team with three games left in the season in response to reports that the team engaged in hazing practices to initiate new players.  Now the university faces a lawsuit filed by one of the players who claimed that she was the victim of sexual harassment as part of that hazing, that university officials knew about and failed to adequately respond.

The complaint describes a seven-day period during the plaintiff's freshman season that was kicked off by intimidating letters with weird sexual content.  The plaintiff was required to engage in simulated sex and watch others do the same.  Her teammates required new players to answer questions about her sexual experiences, drink alcohol, and answer to demeaning nicknames.  However, the administration discovered and curtailed the hazing, though it did not initiate a formal investigation or disciplinary process.  Subsequently, during the plaintiff's sophomore season, the hazing ritual resumed again, with upperclass players insisting that they were "picking up where it was left off," so the same rituals began again. 

The plaintiff alleges that the university violated Title IX, among other legal obligations. The standard for institutional liability under Title IX first requires that the plaintiff endure serious harassment of a sexual nature. This excludes from the court's consideration allegations related to alcohol pressure and non-sexual nicknames -- including the allegation that coach called her one that was, while not sexual, pretty demeaning and gross.  Next, the plaintiff must prove that the university had actual notice and responded with deliberate indifference.  Here, the plaintiff must rely on the hazing she endured freshman year of providing notice to the university that the team would continue its behavior in subsequent seasons. The university responded to the freshman year hazing by shutting it down, so the plaintiff must convince the court that more was required to avoid committing deliberate indifference.  Unfortunately for the plaintiffs, many courts interpret deliberate indifference very narrowly to exclude just about anything north of nothing.  So the plaintiff will have to convince the court that what little the administration did to the team in her freshman season was tantamount to nothing.  The university would seemingly not be liable for the sophomore season hazing, since it has seemed to responded swiftly and strongly by suspending the team. 

For other recent stories about universities getting tough about hazing, see here (Stanford band) and here (Western Kentucky swim team).

Wednesday, April 15, 2015

Another female coach terminated: University of Delaware

In the wake of similar stories out of Duluth, Iowa, and Tufts, we note that another female coach has been terminated this year, this time by the University of Delaware. 

Softball coach Jaime Wohlbach was reportedly fired abruptly on Monday afternoon, in the middle of her season.  According to Wolhbach,  she was told at the time that she "ran a hostile environment" for her players, which she disputes and points out that she had not received any indication from her supervisor that players had complained or were unhappy.

Considering public comments Wohlbach has since made, it appears that an alternative possible explanation for her termination is that it is the culmination of an ongoing conflict with her supervisor, associate athletic director Joe Shirley, whom Wolhbach accuses of micromanaging her team and giving her an unwarranted poor performance evaluation. Given that Wohlbach apparently reported him to human resources for "bullying," it seems possible that her termination is retaliation for her complaint.  


It remains to be seen whether Wohlbach will take any legal action invoking Title IX. It is certainly possible that the "bullying" she complained of targeted her because she is a woman and/or because she coaches a woman's team.  Additionally, if the university had actually received complaints about the coach's "hostility" towards her players, the fact that its response to those complaints was to immediately terminate the coach could reflect a sexist double standard, if it is the case that Delaware would have permit male coaches with more leeway in that situation, such as an opportunity to address or explain the complaints.

The Title IX angle is speculation on my part.  But since we have seen other examples of similar bias against women coaches, including the very recent examples noted above, it is not far fetched to consider the possibility of sexism underlying this case as well. 

Wednesday, February 04, 2015

Litigation Roundup

Two separate Title IX lawsuits have been filed recently, one challenging disparities in athletic opportunities at a high school, while the other alleges a college mishandled her complaint of having been raped by a fellow student.
  • A parent in Englewood, Tennessee, is suing the McMinn County Board of Education on behalf of his daughter, a freshman at McMinn Central High School who participates in softball and volleyball.  He alleges that disparities in the athletic opportunities for girls violate Title IX. In particular, he alleges that the softball team has to pay itself for field maintenance and equipment, amenities that are provided to boys' teams from the school budget.  Also, the school does not provide the softball team with a lighted field, which limits the team's scheduling options for practices and games. The complaint also notes that the boys' baseball team is provided superior quality locker rooms, dugouts, field house, storage facility, playing surface, and warm up and practice areas. The lawsuit seeks an injunction against continued discrimination and damages to compensate the plaintiff for out-of-pocket expenses and other costs. 
  • A former student is suing the West Virginia School of Osteopathic Medicine, claiming that she was forced to withdraw after she reported to school officials that she had been raped by a fellow student at an off-campus party.  She alleges that school officials responded to her report by advising her to leave school, since they could not guarantee her safety. Additionally, she claims that they did not administer a drug test, leaving her on her own to discover that her assailant had drugged her with diazepam, that they failed to protect her from further contact with him, that they threatened to sue her if she spoke out, and that they breached her confidentiality. Moreover, she alleges that she experienced a sexually hostile environment after a school employee who was dating the alleged, disclosed details of the incident to the campus community.  Her complaint demands damages to compensate her for emotional distress and other costs, as well as an injunction that would require the school to do a better job responding to victims in the future by implementing drug tests and protecting them from harassment and retaliation.



And in another story, a Title IX lawsuit was partially dismissed.
  • The Bibb County School District in Georgia prevailed in dismissing part of a student's Title IX claim seeking damages for a 2012 rape she suffered at the hands of a gang of fellow students who had orchestrated a plan to attack her in a school restroom.  The student alleged that two prior instances of gang rape at the school, one in 2008 and another in 2002, should have put the school on notice of the threat, one of the required elements for institutional liability to attach in cases of sexual harassment and sexual violence among peers. But the court ruled that the two earlier gang rapes could not serve as notice because they were sufficiently different, having been conducted by different gangs than the one that raped the plaintiff. In imposing this requirement for gang-specific notice, the court rejected plaintiff's argument that the school's notice of a gang rape problem in general should suffice.  The plaintiff's other argument, that the school also responded to her own rape with deliberate indifference, continues to be litigated.  The remaining claim could potentially result in damages attributable to the school's indifferent response, which itself could have been the source of some independent emotional distress. However, the dismissed claim was likely considerably more valuable to the plaintiff, as it would have made the school liable for damages arising from the rape itself.   Doe v. Bibb County Sch. Dist., 2015 WL 403320 (M.D. Ga.  Jan. 28, 2015).

Sunday, January 18, 2015

Minnesota-Duluth digs hole deeper

When I give my sport management students scenarios about sport organizations and their responses to or creation of various controversial situations, I do so for several reasons. One is to present examples of non-compliance with laws or policies and ask them to think critically about what went wrong, why, and how. Another is to demonstrate lack of leadership and the consequences of ignorance and/or ego. I ask them (as an example) "do you want to be the athletic director under whose watch multimillion settlements had to be made with victims of retaliation/abuse/discrimination?" Hopefully they get it.

Of course the real test is what they do when they gets jobs in athletics. This is a test that University of Minnesota Duluth Athletic Director Josh Berlo is failing. Last month, as we noted, he announced that women's ice hockey coach, Shannon Miller, would not have her contract renewed because, as the highest paid coach in women's ice hockey (at just over $200,000) the cash-strapped university could not afford her anymore. After considerable outcry--which is ongoing--the chancellor issued a vague statement suggesting that there are other issues:
"The decision to not renew Coach Miller's contract was difficult, but was made thoughtfully after a full review of a number of factors. It's the right decision for the program and I support it. While the decision is sound, we did not communicate it publicly as clearly as I would have liked. We could have communicated this in a less narrow way, and more clearly explained our desire to see the program go in a new direction."

I have already noted how the money rationale was not so much "narrow" as discriminatory. But I am curious about the always-vague but at least equally applied "new direction." The team has won 12 of their 13 games this season. Miller has produced over 20 Olympians and was the national team coach for Canada in the first Olympics that offered women's ice hockey. What direction is UMD looking to take their program? Down? 

I have, as I am wont to do, buried the lead. The latest news out of UMD is that a second female coach has been told her contract will not be renewed. Softball coach Jen Banford, who is also very successful and has been at the university for a decade, will no longer be the softball coach.

There seems to be confusion over Banford's dismissal, though. Berlo told ESPNW that the coach would remain the softball coach; it was her position as Director of Operations for women's hockey (i.e., part of Miller's staff) that was being terminated. But a copy of the letter Banford received (which can be found via the above link to Kate Fagan's ESPNW article) very explicitly states that it is both positions. Banford herself confirmed this with Human Resources.

Banford believes she is being retaliated against for her support of Miller and the women's ice hockey program. She too has retained lawyers. The he said/she said is playing out in the media--not in the athletic department offices. Berlo said this is a paperwork issue and that he plans to retain Banford as the softball coach and is merely restructuring her position. Banford told ESPNW: "Josh has not spoken with me in six weeks. To me, it's obvious why he's saying he's in the process of writing a renewal, but if he wanted to give me a renewal, he would have given me that on Dec. 11."

I could never have devised a scenario like this for my students. Two female coaches' contracts not renewed within weeks of one another and with specious rationales for the dismissals; it just would not have been believable. But here we are.

Monday, October 27, 2014

Former University of Toledo Softball Coach Files Discrimination Suit

Last week, the former softball coach at the University of Toledo filed a Title IX lawsuit against the institution in federal court, alleging that she was the victim of sex discrimination and retaliation and seeking damages and reinstatement to the position from which she alleges she was forced to resign. The coach, Tarrah Beyster alleges that she advocated for gender equity in her athletic department including by challenging: the disparity in multi-year contracts, which were granted to male coaches, and other gender-based pay inequity; the department's failure to assign a long-term grad assistant to the softball team like it did for the baseball team; preferential treatment for the baseball team in allowing it to keep the revenue from renting out its field; the department's failure to provide the dirt for the field or a new backstop to the softball facility, despite providing both to the baseball team; the department's requirement that the softball team to do its own fundraising to bring the outfield fence into compliance with NCAA regulations; and the singling out of softball to share a locker room with other teams, as well as requiring female coaches to share a locker room with referees and officials.  

Beyster alleges that, after raising these concerns, she endured retaliation in the form of a hostile work environment -- a former associate athletic director called her "Coach Bitch" -- as well as being charged with insubordination at a surprise disciplinary hearing in which she was forced to resign.  She further claims that the "insubordination" charge is pretext for retaliation by alleging that other coaches have engaged in more egregious offenses, like having relationships with their students, without being fired.

Retaliation claims by coaches and administrators are increasingly common in college athletics, especially in the wake of a 2006 Supreme Court decision affirming the statute's application to retaliation, and plaintiffs have successfully obtained verdicts or settlements in a number of them. For examples, see here, here, here, here, here, here, here, here, here, and here.

Wednesday, June 04, 2014

Settlement over softball fields

A class action lawsuit filed just over a year ago in Batavia, New York has been settled. Filed by parents of softball players over the poor conditions of the softball field, the school district--which claims that improvements to the softball field were included in the list of capital projects before the lawsuit was even filed--will complete renovations by next spring. The improvements include permanent dugouts, a scoreboard, and outfield fencing.

Thursday, April 03, 2014

Texas School District Resolves Title IX Complaint

Last spring we blogged about a Title IX complaint filed by a coach against the Longview (Texas) Independent School District, alleging inequitable athletic opportunities for girls at Longview High School. We recently learned that the school district has entered into a voluntary agreement (.pdf) with the Department of Education's Office for Civil Rights resolving the issues raised in the complaint. 

As a result of the agreement, OCR will not need to complete its investigation or make any formal findings with respect to Longview's compliance with Title IX.  However, it appears from the information they already gathered that OCR would have likely found some violations. For instance, as the OCR noted in its letter to the complainant (.pdf), the district offered over twice as many athletic opportunities to boys than to girls, had not added a new sport for girls in at least twenty years, and had no process or procedure for gauging whether the opportunities that were available for girls were satisfying the interests and abilities of the underrepresented sex.  As a result, OCR probably would have found that Longview did not comply with Title IX's three-part test for measuring equity in the number of athletic opportunities for each sex.  Appropriately, the district has agreed to address this problem by assessing whether its female students have an interest in new sports that are not currently offered, or in having more teams in sports that are already offered, and to add new opportunities accordingly.

OCR's investigation had also already revealed some disparities in the quality of athletic facilities available to students of each sex.  In particular, the OCR noted disparities between baseball and softball facilities, which were the only ones used exclusively by students of one sex. Unlike the softball field, the baseball field has bathrooms, a press box, a sound system, and a concession stand.  The baseball field also has fancier dugouts and batting cages than those at the softball field. Notably, the school district has agreed to remedy these disparities by March 1, 2015

The district has also agreed to assess the assignment and compensation of coaches and the availability of equipment and supplies to ensure that any disparities between girls' and boys' teams are not the result of discrimination. 

All of the school district's obligations under the agreement are subject to OCR's monitoring and oversight.

Tuesday, April 01, 2014

Title IX Complaint Filed Against Beaverton, Oregon School District

The Beaverton (Oregon) School District has been named in an anonymous Title IX complaint challenging gender inequality in the number of athletic opportunities at the district's five high schools.  According to the complaint, none of the schools offer athletic opportunities proportionate to enrollment, nor can show a history of improving opportunities for underrepresented girls, nor are they offering all of the sports sanctioned by state's athletic association (suggesting probable unmet interest). It is now up to the Department of Education's Office for Civil Rights to decide whether these allegations are sufficient to warrant investigation. OCR has been inconsistent about whether to open an investigation based on similarly-structured allegations in other complaints. Sometimes, particularly in the context of "mass complaints" that OCR sometimes receives, it requires a more specific allegation of unmet interest  As I've said before, I believe that standard puts too much burden on complainants, and I hope that OCR declines to use it in the context of a complaint targeting a single school district.

In addition to dealing with the OCR, Beaverton School District also has to respond to parents' advocating for equal treatment of girls' teams. Some mothers of middle school softball players  complained recently to the school board about inferior playing facilities available to girls at Beaverton's Westview High School.  The softball field at Westview lacks electricity, which limits the fundraising potential of the concession stand and makes it difficult to plug in a pitching machine.  Coaches must bring in a generator to run batting practice. Additionally the softball team's batting cages are not enclosed by walls and the field does not have a working scoreboard.  In contrast, the boys' baseball field is wired for electricity, and has fully enclosed batting cages and a new scoreboard.  The mothers have asked the district to move quickly on the matter of electricity, and to put in place a plan for resolving the other issues.

Thursday, April 25, 2013

Plans for New Athletic Complex Disputed in North Reading, Massachusetts

The Boston Globe reports today about a Title IX dispute brewing in North Reading, Massachusetts, over the construction of a new athletic complex for the high school and middle school.  The complex had initially been designed to provide a new field for both baseball and softball, but was recently modified by the committee supervising the project to provide two fields to baseball, one primary field and a second, smaller practice field.  Many in town are contesting this development, since the softball team currently plays at a field off campus, at a local elementary school, in conditions that are inferior to the existing baseball field already located at the high school. In particular, the softball field lacks a dugout, bathrooms, and locker rooms. That disparity could have been corrected with the construction of two new fields of comparable quality. For that reason, softball advocates are working to convince the school board to return to the initial proposal, and have threatened to file a complaint with the Department of Education's Office for Civil Rights if the plan for two baseball fields remains in place. 

I think the softball advocates are right to see this as a Title IX issue.  As I told the reporter for this story, “It’s not equitable for the girls to have to pay for their own transportation off campus or to not have fields of comparable quality,” she said. “And it’s even more egregious that at a moment when the school is adding new facilities, it’s not seeking to correct that inequity but is perhaps going to exacerbate it.”  Hopefully, the school district will decide on its own to return to the gender equitable plan. If not, I think the softball advocates will easily prevail by leveraging Title IX.  


Tuesday, April 23, 2013

Madison Area Technical College Agrees to Enhance Women's Athletics

Madison Area Technical College in Wisconsin has agreed to add opportunities and resources for women's sports, as part of a voluntary resolution agreement with the Department of Education's Office for Civil Rights to ensure compliance with Title IX. We noted last December that the school was under investigation by OCR after receiving a complaint about inequities in MATC athletics. The college, with a 53 male student body, presently offers 62 athletic opportunities (and a near identical percentage) for men in a total of four sports, with the support of 16 coaches.  Female students, who make up 47% of the student body, have 37 opportunities in three sports, with 3 coaches.  No female students receive athletic scholarships, while members of the men's baseball team do.

To remedy these imbalances, the college has committed to adding women's soccer, a step it had already announced while the OCR investigation was underway.  The college is planning to hire a coach later this year and field a team in 2014.  In addition, it will elevate its softball team to Division II of the National Junior College Athletic Association, so that it may provide scholarships to its members.  OCR will monitor MATC's compliance with this agreement for the next three years.

Saturday, April 13, 2013

Maryland Legislature Appropriates $2.3 M for Softball Stadium at Towson

In the wake of the Maryland governor's decision to appropriate $300,000 to save the Towson University  baseball team from elimination, it's reported that the state's legislature will provide $2.3 million in state funds for the purpose of constructing a new facility for the university's softball team.  This capital improvement addresses the university president's concern that keeping baseball would put the university at risk of liability under Title IX, though she notes that the university still need to address the disparity in the number of athletic opportunities available to Towson's female students.