Set to go to trial next week is the case involving the Long Beach United School District and the displaced gymnastics team of Wilson Classical High School. Brief re-cap: the gymnastics team's dedicated facility within the high school was taken away from them last year and turned into a weight room allegedly for everyone but others contend it will be used primarily for boys' athletics. In this room was a spring floor. The gymnastics team has been allowed to return to the room pending the trial but the floor was damaged and has not been repaired or replaced.
Last week, in an attempt to avoid trial the co-principal sent a letter to parents saying that the school had worked to secure on off-site facility for the team which they could use 5 days a week and the school would provide bus transportation to the gymnastics academy located just under 3 miles from the school.
According to the team's lawyer, Danika Vittitoe, who had not read the letter yet, the school had tried to offer an off-site facility to the team back in a January negotiation but they turned down the settlement.
“We believe that Title IX requires equal resources on campus, and this facility should be kept on campus,” Vittitoe said. “With the elimination of this room, there is not a single facility on campus dedicated to girls’ sports, while there are several dedicated for boys’ sports.”
As in the case of Darien, CT, the issue of "dedicated" facilities comes up again. It will be interesting to see how (if this case does make it to trial--there are still a few days to go) how a judge and/or jury will address this aspect of the case.
Showing posts sorted by relevance for query long beach. Sort by date Show all posts
Showing posts sorted by relevance for query long beach. Sort by date Show all posts
Friday, February 15, 2008
Friday, March 07, 2008
Long Beach gymnasts win back their space
A federal judge has ruled that the folks at Wilson High School who moved the the gymnastics team and their equipment out of a dedicated facility at the high school to make room for aerobics equipment (for PE classes) and weights (to be used primarily by boys' sports teams--though why only boys are using weights is questionable but alas a post for another time) violated Title IX.
This is a preliminary decision. The judge is waiting for more information to issue a final judgment. (My guess is that it will hinge on whether the school has to pay for the damage to the equipment--especially the spring floor--that occurred during the moving process.)
The gymnasts and their parents are happy, of course, and probably pretty glad they did not accept a last-minute pre-trial offer by Wilson High School that would have paid for the use of a private off-campus facility and transportation to and from that gym. This part of the story has been somewhat buried but it important, I feel, because it shows the parents' and gymnasts' commitment to equity. The off-campus facility is, from the way it has been described, a superior facility with more amenities. But the gymnasts wanted their rightful place on campus. They wanted to remain a visible part of the school's athletic community. And they seemed to be able to see the injustice in having the only dedicated facility for women on campus taken away and given to the boys. The private facility may be bigger and better equipped but they saw beyond the perks to the larger issue of fairness.
This is a preliminary decision. The judge is waiting for more information to issue a final judgment. (My guess is that it will hinge on whether the school has to pay for the damage to the equipment--especially the spring floor--that occurred during the moving process.)
The gymnasts and their parents are happy, of course, and probably pretty glad they did not accept a last-minute pre-trial offer by Wilson High School that would have paid for the use of a private off-campus facility and transportation to and from that gym. This part of the story has been somewhat buried but it important, I feel, because it shows the parents' and gymnasts' commitment to equity. The off-campus facility is, from the way it has been described, a superior facility with more amenities. But the gymnasts wanted their rightful place on campus. They wanted to remain a visible part of the school's athletic community. And they seemed to be able to see the injustice in having the only dedicated facility for women on campus taken away and given to the boys. The private facility may be bigger and better equipped but they saw beyond the perks to the larger issue of fairness.
Monday, December 31, 2007
Title IX news makes 2007 top ten lists
When we started this blog we wondered how often we would be posting. How often can Title IX be in the news we asked ourselves?
Well we learned quickly that Title IX is in the news almost every day. That being said, 2007 was an especially big year for Title IX--and not just because this year marked the 35th anniversary of the legislation.
And we have not been the only people to notice. As various year-in-review and top ten story lists emerge in media outlets all over the country we see various Title IX stories popping us as major headline-grabbers.
The Naples Daily News, which has been covering the various Title IX controversies at Florida Gulf Coast, named the investigation into the original complaint this past summer the number 9 top story of the year. I personally think everything that happened after the investigation ended has been far more newsworthy--and the story does mention the termination of the university counsel and the poor performance evaluations given to two of the complaining head coaches. But those incidents, in hindsight, look like the very tip of the misogynistic, homophobic, ignorant FGCU iceberg.
The Daily Herald which covers suburban Chicago has a top ten women's sports stories of 2007 and columnist Patricia Babcock McGraw named the Lindy Vivas verdict the 5th most important story of the year. Unfortunately she seems to have compiled the list before the Johnson-Klein verdict ($19.1 million) came out in early December because she writes that Vivas's was the largest jury award in a Title IX retaliation case ever.
Well we learned quickly that Title IX is in the news almost every day. That being said, 2007 was an especially big year for Title IX--and not just because this year marked the 35th anniversary of the legislation.
And we have not been the only people to notice. As various year-in-review and top ten story lists emerge in media outlets all over the country we see various Title IX stories popping us as major headline-grabbers.
The Naples Daily News, which has been covering the various Title IX controversies at Florida Gulf Coast, named the investigation into the original complaint this past summer the number 9 top story of the year. I personally think everything that happened after the investigation ended has been far more newsworthy--and the story does mention the termination of the university counsel and the poor performance evaluations given to two of the complaining head coaches. But those incidents, in hindsight, look like the very tip of the misogynistic, homophobic, ignorant FGCU iceberg.
The Daily Herald which covers suburban Chicago has a top ten women's sports stories of 2007 and columnist Patricia Babcock McGraw named the Lindy Vivas verdict the 5th most important story of the year. Unfortunately she seems to have compiled the list before the Johnson-Klein verdict ($19.1 million) came out in early December because she writes that Vivas's was the largest jury award in a Title IX retaliation case ever.
The Daily Camera in Colorado counted down the top ten local stories (as chosen by their staff) of the year and named CU's settlement of its Title IX lawsuit, worth $2.85 million, number four on the list. CU settled the sexual assault lawsuit brought by two former students who accused the university of failing to do enough to stop the behavior that was occurring at football recruiting parties.
A review of the Long Beach Unified School District's year found the lawsuit brought by gymnasts who were kicked out of their gym and had some of their equipment damaged in the process to be one of the "highlights" (guess it depends on what side you are on) of 2007.
Lacrosse Magazine, in their top seven (seven??) stories of the year cite the dropping of two programs, women's lacrosse at Ohio University and men's at Butler University. LM was very responsible and noted that OU "cited Title IX compliance" as a reason for dropping the program but the magazine itself did not support this claim (which, of course, is not true).
Seven must be the magic number this year (I suppose next year there will be top 8 of 2008 lists) because Pat Griffin over at the It Takes a Team! Blog has her top 7 LGBT sports stories. Number one on her list is the Rene Portland resignation triggered (though no one official is admitting this) by the lawsuit brought by former player Jennifer Harris. The settlement of the lawsuit is number 4 on her list. Number 6 was the Lindy Vivas verdict in her discrimination case against Fresno State.
Monday, August 20, 2007
Gymnastics teams loses their gym
News of this case came out at the beginning of the month when an attorney representing parents, a coach and the girls' athletic director filed a discrimination lawsuit against the Long Beach Unified School District alleging a Title IX violation. (The lawsuit also names the school board and two Wilson High School principals.)
The lawsuit was brought after officials at Wilson High School made the decision to convert the gym the gymnastics team had been using into a weight training and cardio room. Officials contend that the new fitness room can be used by a larger number of students. The space had been permanently allotted to the gymnastics team and their equipment, including a new spring floor. But those charging discrimination say the new room will primarily benefit the football team.
The gymnastic equipment is now located in two separate storage areas and the team will have access (but not unlimited) to a smaller gymnasium where they will have to set up and dismantle the equipment whenever they are allowed to use it.
The article linked above is a little vague about the actual violation. The attorney for the team says the move violates the criteria mandating "quality of competitive opportunity." But the description that follows describes proportionality. Also, there is a discussion of the demise of the sport because of the burden of having to set up and dismantle the equipment that will deter gymnasts and could contribute to injury. But this is solely speculation. The sport has not been eliminated by the school, though this article states that the plaintiffs believe the principals want to eliminate the team. Regardless of the intentions the move will negatively affect what had been a viable girls' program. And apparently Wilson High School already has some issues in the equitable distribution of opportunities.
The lawsuit was brought after officials at Wilson High School made the decision to convert the gym the gymnastics team had been using into a weight training and cardio room. Officials contend that the new fitness room can be used by a larger number of students. The space had been permanently allotted to the gymnastics team and their equipment, including a new spring floor. But those charging discrimination say the new room will primarily benefit the football team.
The gymnastic equipment is now located in two separate storage areas and the team will have access (but not unlimited) to a smaller gymnasium where they will have to set up and dismantle the equipment whenever they are allowed to use it.
The article linked above is a little vague about the actual violation. The attorney for the team says the move violates the criteria mandating "quality of competitive opportunity." But the description that follows describes proportionality. Also, there is a discussion of the demise of the sport because of the burden of having to set up and dismantle the equipment that will deter gymnasts and could contribute to injury. But this is solely speculation. The sport has not been eliminated by the school, though this article states that the plaintiffs believe the principals want to eliminate the team. Regardless of the intentions the move will negatively affect what had been a viable girls' program. And apparently Wilson High School already has some issues in the equitable distribution of opportunities.
Saturday, June 23, 2012
Happy Birthday, Title IX!
What are you doing to celebrate?
The Title IX Bloggers led our friends in a 40-mile bike ride to commemorate the day. We had some uphill climbs in the first half of the ride, which we attributed to the Tower Amendment and the Reagan years, and came upon an unexpected road closure, which felt like a good metaphor for Grove City College. But we didn't let that stop us -- Civil Rights Restoration Act of 1988 -- and got to enjoy some sweet downhill sections on the way home, which reminded us of some of the litigation victories Title IX has produced in its later years -- cases like Cohen, Franklin, Jackson, and Communities for Equity. In the end the ride turned out to be a few miles more than our intended 40, which seems right because Title IX's struggle doesn't stop at the 40th anniversary.
Here are some links to more coverage of the Title IX's 40th anniversary:
The Title IX Bloggers led our friends in a 40-mile bike ride to commemorate the day. We had some uphill climbs in the first half of the ride, which we attributed to the Tower Amendment and the Reagan years, and came upon an unexpected road closure, which felt like a good metaphor for Grove City College. But we didn't let that stop us -- Civil Rights Restoration Act of 1988 -- and got to enjoy some sweet downhill sections on the way home, which reminded us of some of the litigation victories Title IX has produced in its later years -- cases like Cohen, Franklin, Jackson, and Communities for Equity. In the end the ride turned out to be a few miles more than our intended 40, which seems right because Title IX's struggle doesn't stop at the 40th anniversary. Here are some links to more coverage of the Title IX's 40th anniversary:
- NPR's Weekend Edition has this story on remaining gender stereotypes in vocational education, as well as this one about persistent disparities in athletics.
- The Daily Beast covers how President's Obama's relates to Title IX, in part through his daughters' basketball team.
- General coverage and commentary (mostly sports-related) in the Atlanta Journal-Constitution, Kansas City Star, Philadelphia Inquirer, Long Beach Press-Telegram, and the Boston Herald. Numerous local papers are also carrying Title IX stories today.
- And don't forget ESPN's impressive programming schedule!
Saturday, July 21, 2018
Cuts at UNM Still Fall Short of Title IX Compliance
Earlier this year I posted about the University of New Mexico's decision to publish its consultant's report that, I thought, bent over backwards to reach the conclusion that cutting sports is necessary for Title IX compliance. Interestingly, however, the university's announcement today that it will cut two men's and two women's teams does not put the university into compliance.
The university will eliminate men's soccer and skiing, a total of 38 opportunities. This will bring the total number of men's opportunities from 319 to 280. On the women's side, the university will eliminate beach volleyball and skiing, a total of 25 opportunities. This will leave women with 218 opportunities, compared to the 243 they have now. Women will therefore receive 43.8% of the athletic opportunities, but because women make up 54.9% of the undergraduate student body, the university is still a long ways off from proportionality. In addition, by cutting two existing women's teams, the university has likely disqualified itself from compliance under either of the alternative tests. Cutting women's teams is the opposite of expanding opportunities for the underrepresented sex, the second compliance test. And it creates unmet interest and ability among the underrepresented sex, which demonstrates lack of compliance with the third test.
The university's plan also calls for phasing out diving from the women’s swimming and diving program, significantly reducing men’s track and field participation slots, and increasing participation opportunities in some women’s programs. However, there is no way that these modest changes will close the proportionality gap. There are 5 divers on the swimming and diving team. And most of UNM's other female sport rosters already exceed the NCAA Division I average squad size. (One sport, women's soccer, has 40 players despite an NCAA average of 28!) The only two teams that don't exceed the average would reach the average by adding only 1 player to the roster. Thus, the university's roster management plan --- unless it plans to inflate rosters with opportunities that it won't legally be able to count under Title IX --- will probably involve a net loss of female athlete opportunities, rather than a gain. That means, the university would have to make up the proportionality gap by cutting over 100 men's opportunities, according to my math. Yet, the men's track team doesn't even have that many on the roster.
By cutting women's teams, UNM is making its compliance challenges worse, not better. This result is not consistent with its pointing at Title IX as a key factor in the decision to downsize its athletic programs in the first place.
The university will eliminate men's soccer and skiing, a total of 38 opportunities. This will bring the total number of men's opportunities from 319 to 280. On the women's side, the university will eliminate beach volleyball and skiing, a total of 25 opportunities. This will leave women with 218 opportunities, compared to the 243 they have now. Women will therefore receive 43.8% of the athletic opportunities, but because women make up 54.9% of the undergraduate student body, the university is still a long ways off from proportionality. In addition, by cutting two existing women's teams, the university has likely disqualified itself from compliance under either of the alternative tests. Cutting women's teams is the opposite of expanding opportunities for the underrepresented sex, the second compliance test. And it creates unmet interest and ability among the underrepresented sex, which demonstrates lack of compliance with the third test.
The university's plan also calls for phasing out diving from the women’s swimming and diving program, significantly reducing men’s track and field participation slots, and increasing participation opportunities in some women’s programs. However, there is no way that these modest changes will close the proportionality gap. There are 5 divers on the swimming and diving team. And most of UNM's other female sport rosters already exceed the NCAA Division I average squad size. (One sport, women's soccer, has 40 players despite an NCAA average of 28!) The only two teams that don't exceed the average would reach the average by adding only 1 player to the roster. Thus, the university's roster management plan --- unless it plans to inflate rosters with opportunities that it won't legally be able to count under Title IX --- will probably involve a net loss of female athlete opportunities, rather than a gain. That means, the university would have to make up the proportionality gap by cutting over 100 men's opportunities, according to my math. Yet, the men's track team doesn't even have that many on the roster.
By cutting women's teams, UNM is making its compliance challenges worse, not better. This result is not consistent with its pointing at Title IX as a key factor in the decision to downsize its athletic programs in the first place.
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