T HE L EGAL A ID S OCIETY -E MPLOYMENT L AW C ENTER ’ S T ITLE IX K-12 E QUALITY P ROJECT E...
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THE LEGAL AID SOCIETY-EMPLOYMENT LAW CENTER’S TITLE IX K-12 EQUALITY PROJECT ELIZABETH KRISTEN, ESQ. TAMIKA L. BUTLER, ESQ. Presentation at AAUW California Convention FAIR PLAY FOR GIRLS IN SPORTS
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Transcript of T HE L EGAL A ID S OCIETY -E MPLOYMENT L AW C ENTER ’ S T ITLE IX K-12 E QUALITY P ROJECT E...
THE LEGAL AID SOCIETY-EMPLOYMENT LAW CENTER’STITLE IX K-12 EQUALITY PROJECT
ELIZABETH KRISTEN, ESQ.TAMIKA L. BUTLER, ESQ.Presentation at AAUW California Convention
FAIR PLAY FOR GIRLS IN SPORTS
LAS-ELC BACKGROUNDo Non-profit legal aid organizationo Founded in 1916o Title IX K-12 Equality Project since 2003o Focuses on access to athletics for young women and
girlso Utilizes negotiation and litigation techniqueso Also provides technical assistance re State and
Federal legislationo Community education
AAUW: KNOW THE SCORETITLE IX PROGRAM IN A BOX
Launched 2009 On the web at:
http://www.aauw.org/act/laf/library/TitleIXCompliance.cfm
http://www.las-elc.org/work-gender-equity.html
FAIR PLAY IN SPORTS PROJECT BACKGROUND
2011 Grant from John and Terry Levin and the Jay and Rose Phillips Family Foundation of California
Goal: To advance the promise of Title IX and AB 2404 for poor girls in grades K–12
Will employ a multi-pronged approach of: Public education Policy advocacy Technical assistance Strategic litigation.
Will focus on low-income and minority girls
THE LAWS
TITLE IX Title IX of the Education
Amendments of 1972 No person in the United
States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance
WHAT DOES TITLE IX MEAN FOR ATHLETICS?
Equal Participation Opportunities for Females
Equal Treatment and Benefits for Females
No Retaliation
AB2404 IN CALIFORNIA
Signed in 2004 Requires equity in
Parks and Recreation programs in California
Uses Title IX-like standards: participation opportunities and equal treatment & benefits
Has been essentially unenforced
PARKS AND RECREATION The law’s definition of “parks
and recreation facilities and resources” includes all of the following: Park facilities Athletic fields Courts Gymnasiums Recreational rooms Restrooms, Concession stands Storage spaces
This definition also includes resources “used to promote athletic activities, such as scoreboards, banners, and advertising, and all moneys used in conjunction with youth athletics.”
BENEFITS OF SPORTS
TITLE IX Before Title IX, fewer than 295,000 girls
participated in high school athletics In 2010-11 that number increased to
3,173,549 Nationally, girls are 49% of high school
students but just 41% of high school athletes
EDUCATIONAL BENEFITS Girls who participate in sports receive better grades and
more likely to graduate The correlation is particularly strong for minority girls who
participate in sports At the collegiate level, female students who receive sports
scholarships graduate at higher rates than female students generally
To receive a scholarship students must acquire the necessary skills and discipline at the elementary and high school levels
HEALTH BENEFITS
Girls who were also athletes were half as likely to become pregnant than girls who were not athletes. Early childbearing is a common cause of school dropout for girls, and is a strong predictor of female poverty
Girls who participate in sports possess higher self-esteem
EMPLOYMENT BENEFITS Sports teams provide girls with
opportunity for leadership, teamwork, and competition
Girls who participate in high school sports are more likely than non-athletes to “aspire to be leaders in their communities as adults”
A nationwide random poll of 401 senior women business executives was conducted in December 2001. More than eighty percent reported that they played organized sports after grammar school
2010 BETSEY STEVENSON STUDY
Beyond the Classroom: Using Title IX to Measure the Return to High School Sports.
BETSEY STEVENSON STUDY
NBER Working Paper February 2010. 10% increase in sports for girls => 1%
increase college for women 10% increase in sports for girls =>1-2%
increase in labor force participation for women
Being a HS athlete => 8% higher wages for women
2011 WOMEN’S SPORTS FOUNDATION
STUDYProgress Without Equity: The Provision of
High School Athletic Opportunity in the United States by Gender 1993-94 through
2005-06
PERCENTAGE OF ATHLETIC PARTICIPATION OPPORTUNITIES THAT U.S. HIGH SCHOOLS
PROVIDED TO GIRLS AND BOYS
31
45
36
47
39
51
KEY POINTS
The November 2011 Study Found: The lowest percentage of athletic participation
opportunities occurred in urban schools The percentage of athletic participation
opportunities was highest for both girls and boys in the Northeast, followed closely by the Midwest
The fewest number of athletic participation opportunities exist in the South
CASE STUDYOllier v. Sweetwater
Class Action Complaint filed April 2007
BACKGROUND Castle Park High School fired the
girls’ beloved softball coach when a parent complained about inequality for female athletes at the school.
After negotiations with the school failed, Legal Aid, along with co-counsel, brought a class action to challenge unequal facilities and participation opportunities, as well as the alleged retaliation.
Though Title IX was enacted in 1972, this was the first case brought to trial against a high school for denying female athletes equal treatment in sports programs. The Castle Park High School population is 83% Latino.
SOFTBALL FIELDSEPTEMBER 27, 2006
SOFTBALL FIELDSEPTEMBER 27, 2006
9/4/079/4/07
BASEBALL FIELDSEPTEMBER 4, 2007BASEBALL FIELD
SEPTEMBER 4, 2007
SOFTBALL OUTFIELDMAY 9, 2008
SOFTBALL OUTFIELDMAY 9, 2008
SOFTBALL OUTFIELD LOOKING TOWARDS LEFT FIELD WITH REMOVABLE FENCING
APRIL 30, 2009
SOFTBALL OUTFIELD LOOKING TOWARDS LEFT FIELD WITH REMOVABLE FENCING
APRIL 30, 2009
SOFTBALL INFIELD GRASSLINE AND OUTFIELDMAY 13, 2010
SOFTBALL INFIELD GRASSLINE AND OUTFIELDMAY 13, 2010
BASEBALL FIELD INFIELDMAY 13, 2010
BASEBALL FIELD INFIELDMAY 13, 2010
BACK OF THIRD BASE BASEBALL DUGOUTMAY 9, 2008
BACK OF THIRD BASE BASEBALL DUGOUTMAY 9, 2008
CLOSE UP OF “HOME” STENCILED ON SOFTBALL DUGOUT ROOFAPRIL 30, 2009
CLOSE UP OF “HOME” STENCILED ON SOFTBALL DUGOUT ROOFAPRIL 30, 2009
CO
UR
TR
OO
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Day 1 of
Trial
TRIAL BEGINS September 14, 2010 Judge M. James Lorenz U.S. District Court, San Diego Set for 8 trial days Trial lasts for 10 trial days over 3 weeks Counsel from LAS-ELC, CWLC and Manatt Findings of fact and conclusions of law
submitted December 13, 2010
ELIZABETH KRISTEN & VERONICA OLLIER
Day 1 of
Trial
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POST TRIAL VICTORY!
JUDGE’S ORDER
Issued February 9, 2012Cited a recent 7th circuit case Parker
regarding the importance of athletics for young women.
Also cites the lasting effects of discrimination
“[E]qual athletic treatment is not a luxury. It is not a luxury to grant equivalent benefits and opportunities to women. It is not a luxury to comply with the law. Equality and justice are not luxuries.”
JUDGE’S FINDINGS
Female athletes at Castle Park had inferior conditions in every category and did not receive equitable treatment or benfits
Retaliation by firing of coach No mention of cost Declaratory relief Injunctive relief Monitoring and continuing jurisdiction
“As a result of systemic administrative failures at CPHS, female athletes have received unequal treatment and benefits before and during the time this action was pending.”
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WHAT CAN YOU DO IN YOUR COMMUNITY?
Download the Program in a Box Hold a Community Forum on Title IX Write letters to legislators about Title IX Read a book or watch a movie about Title IX Conduct a “smell test” at your local schools Attend female athletic events at your local
high schools and colleges
HOW TO LOOK AT PARTICIPATION NUMBERS
Office of Civil Rights Data Collection Department of Justice Office of
Postsecondary Education Equity In Athletics Data Analysis Cutting Tool: http://ope.ed.gov/athletics/
States have data collection systems For Example in California:
Check California Department of Education Website: dataquest: http://data1.cde.ca.gov/dataquest/
Will show enrollment by gender at California public schools
Contact California Interscholastic Federation for Sports Participation Data at your local schools
HOW TO LOOK AT TREATMENT & BENEFITS
Go to games at your local high school
Check out the fields Look at the school
newspaper Check out the
school’s website Examine a school
yearbook
WHY AAUW?
National network of engaged and educated women to
become a force to advocate for full implementation of
Title IX
QU
ES
TIO
NS
? Legal Aid Society-
Employment Law Center
(415) 864-8848www.las-elc.org
QU
ESTIO
NS?
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