Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

February-09-10

Court Renews Title IX Suit Against UC Davis

A panel of 9th Circuit Court of Appeals judges reinstated a Title IX lawsuit yesterday against the University of California, Davis. The suit was originally filed in 2003 by three female wrestlers after they were forced to compete against men in the same weight class starting after the 2000-2001 academic year.

The case was originally thrown out on legal grounds by US District Judge Frank Damrell Jr., who found that athletes are not entitled to financial damages if the university is not given notice of the athlete's intent to sue or opportunity to remedy potential Title IX violations, according to the Sacramento Bee.

In the appeals court opinion, the judges found that Davis did not need notice of its own decisions regarding changes to women's wrestling and should have been regularly assessing its own Title IX compliance and reporting to the US Department of Education. The judges ruled that Davis' actions and policies in women's athletics requires jury review. They wrote that since the incident with women's wrestling, "the number of women playing intercollegiate athletics [at Davis] dropped sharply...Meanwhile, in the 10 years since UCD last added a significant number of female varsity slots, the number of female students at UCD grew by 35 percent." Spokespeople for Davis assert that the school is in compliance with Title IX.

Noreen Farrell, a lawyer representing the athletes, told Capital Public Radio that "what happened was the university required them to have wrestle-offs, so compete against young men in their weight-class in order to have a slot on the team. And so in the course of trying to compete against men for slots on the team of course they were eliminated. They couldn't compete against men." According to Court House News, the women athletes then lost their scholarships, academic credits, and varsity benefits.

Former Davis wrestling coach Michael Burch was awarded a $725,000 settlement in 2007 after he alleged that Davis failed to renew his contract in retaliation for speaking out when the women's wrestling team was cut. A 2005 US Supreme Court ruling in Jackson v. Birmingham Board of Education found that those who are the victims of retaliation for drawing attention to Title IX violations can sue under Title IX.

Title IX is the landmark federal legislation that prohibits sex discrimination in federally funded educational programs, including athletics.

Media Resources: Feminist Daily News 1/24/07; Court House News 2/8/10; Capital Public Radio 2/8/10; Sacramento Bee 2/9/10


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

10/1/2014 Afghanistan and US Finalize Bilateral Security Agreement - In a nationally televised ceremony at the Presidential Palace just one day after President Ashraf Ghani Ahmadzai took office, Afghanistan signed a major security agreement with the United States. . . .
 
9/30/2014 US Supreme Court Shuts Down First Week of Early Voting in Ohio - Less than 24 hours before the start of Ohio's would-be voting period, the Supreme Court blocked efforts to restore a full seven days of early voting in the state, marking a win for the Republican-controlled legislature that enacted the new voting restrictions. The Supreme Court's order offered no opinion or explanation, but Justices Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan, and Stephen Breyer would have ruled differently. . . .
 
9/30/2014 Georgetown Alumni Call Out University for Not Allowing Reproductive Rights Protests - Over 200 Georgetown University alumni have sent a letter to university President John J. . . .