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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 LIZABETH K RISTEN, E SQ. T AMIKA L. B UTLER, E SQ. Presentation.

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Presentation on theme: "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 LIZABETH K RISTEN, E SQ. T AMIKA L. B UTLER, E SQ. Presentation."— Presentation transcript:

1 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 LIZABETH K RISTEN, E SQ. T AMIKA L. B UTLER, E SQ. Presentation at AAUW California Convention FAIR PLAY FOR GIRLS IN SPORTS

2 LAS-ELC B ACKGROUND o Non-profit legal aid organization o Founded in 1916 o Title IX K-12 Equality Project since 2003 o Focuses on access to athletics for young women and girls o Utilizes negotiation and litigation techniques o Also provides technical assistance re State and Federal legislation o Community education

3 AAUW: K NOW THE S CORE T ITLE IX P ROGRAM IN A B OX Launched 2009 On the web at: e.cfm e.cfm

4 F AIR P LAY IN S PORTS P ROJECT B ACKGROUND  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

5 T HE L AWS

6 T ITLE 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

7 W HAT DOES T ITLE IX M EAN FOR A THLETICS ? Equal Participation Opportunities for Females Equal Treatment and Benefits for Females No Retaliation

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9 AB2404 IN C ALIFORNIA 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

10 P ARKS AND R ECREATION 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.”

11 B ENEFITS OF S PORTS

12 T ITLE IX Before Title IX, fewer than 295,000 girls participated in high school athletics In that number increased to 3,173,549 Nationally, girls are 49% of high school students but just 41% of high school athletes

13 E DUCATIONAL B ENEFITS 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

14 H EALTH B ENEFITS 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

15 E MPLOYMENT B ENEFITS 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 More than eighty percent reported that they played organized sports after grammar school

16 2010 B ETSEY S TEVENSON S TUDY Beyond the Classroom: Using Title IX to Measure the Return to High School Sports.

17 B ETSEY S TEVENSON S TUDY NBER Working Paper February % 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

18 2011 W OMEN ’ S S PORTS F OUNDATION S TUDY Progress Without Equity: The Provision of High School Athletic Opportunity in the United States by Gender through

19 P ERCENTAGE OF A THLETIC P ARTICIPATION O PPORTUNITIES THAT U.S. H IGH S CHOOLS P ROVIDED TO G IRLS AND B OYS

20 K EY P OINTS 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

21 C ASE S TUDY Ollier v. Sweetwater Class Action Complaint filed April 2007

22 B ACKGROUND  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.

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24 S OFTBALL F IELD S EPTEMBER 27, 2006

25 9/4/07

26 B ASEBALL F IELD S EPTEMBER 4, 2007

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28 S OFTBALL O UTFIELD M AY 9, 2008

29 S OFTBALL O UTFIELD L OOKING T OWARDS L EFT F IELD WITH R EMOVABLE F ENCING A PRIL 30, 2009

30 S OFTBALL I NFIELD G RASSLINE AND O UTFIELD M AY 13, 2010

31 B ASEBALL F IELD I NFIELD M AY 13, 2010

32 B ACK OF T HIRD B ASE B ASEBALL D UGOUT M AY 9, 2008

33 C LOSE U P OF “ H OME ” S TENCILED ON S OFTBALL D UGOUT R OOF A PRIL 30, 2009

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35 C OURTROOM Day 1 of Trial

36 T RIAL B EGINS 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

37 E LIZABETH K RISTEN & V ERONICA O LLIER Day 1 of Trial

38 E RIN W ITKOW, E LIZABETH K RISTEN, V ERONICA O LLIER, V ICKY B ARKER, C ACILIA K IM Day 1 of Trial

39 P OST T RIAL V ICTORY !

40 J UDGE ’ S O RDER Issued February 9, 2012 Cited a recent 7 th 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.”

41 J UDGE ’ S F INDINGS 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.”

42 F OOTBALL W EIGHT R OOM 3/7/12 Post Trial Site Visit

43 F OOTBALL W EIGHT R OOM 3/7/12 Post Trial Site Visit

44 S OFTBALL B ULLPEN 3/7/12 Post Trial Site Visit

45 N EW B ASEBALL C LUBHOUSE 3/7/12 Post Trial Site Visit

46 N EW B ASEBALL C LUBHOUSE 3/7/12 Post Trial Site Visit

47 B ASEBALL C ONCESSIONS 3/7/12 Post Trial Site Visit

48 B ASEBALL C ONCESSIONS 3/7/12 Post Trial Site Visit

49 S OFTBALL D UGOUT 3/7/12 Post Trial Site Visit

50 S OFTBALL I NFIELD 3/7/12 Post Trial Site Visit

51 S OFTBALL I NFIELD 3/7/12 Post Trial Site Visit

52 S OFTBALL O UTFIELD 3/7/12 Post Trial Site Visit

53 W HAT C AN Y OU D O IN Y OUR C OMMUNITY ? 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

54 H OW TO L OOK AT P ARTICIPATION N UMBERS  Office of Civil Rights Data Collection  Department of Justice Office of Postsecondary Education Equity In Athletics Data Analysis Cutting Tool:  States have data collection systems  For Example in California: Check California Department of Education Website: dataquest: Will show enrollment by gender at California public schools Contact California Interscholastic Federation for Sports Participation Data at your local schools

55 H OW TO L OOK AT T REATMENT & B ENEFITS 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

56 W HY AAUW? National network of engaged and educated women to become a force to advocate for full implementation of Title IX

57 QUESTIONS? Legal Aid Society- Employment Law Center (415) QUESTIONS?


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