San Diego State lawsuit

[rowing]

Makes me think $2500 and a shady guy in an alley could solve a few things there.

[bz]

U.S. District Judge Todd Robinson issued his latest ruling on the Title IX sex discrimination case against San Diego State University. He "confirmed female student-athletes deprived of equal athletic financial aid can sue their schools for damages—and held ten of the women suing SDSU could do so. Late Friday afternoon, September 15, 2023, ruling on SDSU’s motion to dismiss in part Plaintiffs’ Third Amended Complaint, Judge Robinson held that all seventeen of the women suing SDSU can seek such damages.

The court also rejected SDSU’s argument that, because the case had already taken so long that the women are no longer student-athletes, they could not seek a court order stopping the school from discriminating in the future. It held that, if the case went forward as a class action, those who were student-athletes when the case was filed could also seek a court order protecting future student-athletes."

Only with SDSU's convoluted, disdainful logic could they try to argue that because of the slow process, slowed in large part by SDSU's own stalling tactics, they could be relieved of the obligation to stop future discrimination against female student-athletes. Isn't it bad enough that they were discriminatory in the past (allegedly), are discriminatory in the present (allegedly), and have no plans to stop their (alleged) discrimination? Ay, caramba!

https://www.baileyglasser.com/news-SDSU ... es-Forward

Bill Zack

[fullmetal]

IIRC, this concludes action on SDSU's motion to dismiss the case, which means the actual trial can proceed, right? (I guess nobody from SDSU has watched Suits -- always find a way to settle rather than go to trial.)

[bz]

The judge gave the plaintiffs 30 days to amend their complaint based on his latest ruling. For example, the judge ruled that only the five track athletes who were actually on the Zoom call during which the head coach is alleged to have threatened retaliation over the lawsuit have standing for the retaliation aspect of the litigation. The other plaintiffs might want to argue how by extension they felt threatened so that they could keep their standing on that aspect. The next step in the process is the discovery phase. San Diego State has not been very forthcoming in providing documentation requested by the plaintiffs, including things like updated data on scholarship awards throughout the athletic department. Discovery will compel SDSU to provide information, although I imagine that they will try to use legal maneuvers to limit how much they need to disclose.

Bill Zack

[bz]

UO women's beach volleyball and women's club rowing teams plan to file Title IX lawsuit against the university
https://www.kezi.com/news/uo-womens-bea ... 86dd5.html

The lead lawyer for the UO athletes, Arthur H. Bryant of Bailey & Glasser, is also the lead lawyer for the San Diego State plaintiffs.

[Norm]

https://www.msn.com/en-us/news/us/lawye ... r-AA1fXp8G

“Given the number of males participating on Oregon’s men’s varsity teams, Oregon would need to add at least ninety-four women to its athletic program to render women’s participation opportunities proportional,” according to Bryant’s letter, which cites a May 2022 report from the Daily Emerald, UO’s student newspaper, regarding the women’s club rowing team."

I've thought that UO would be a great place for a team. Big school, lots of junior rowing in the west, Eugene is a desirable location and, of course, Dexter Lake, home of the most recent PAC12's.

[oldman]

Agreed. Which raises the question: why not? What's wrong with the Oregon athletic department?

[bz]

Well, many people have hypothesized that institutions will continue to violate Title IX as long as they can get away with it. Here is an ESPN.com article in which Billie Jean King makes that point.

Billie Jean King, blue eyes wide behind her even wider trademark glasses, punches the air in a crowded conference room at ESPN. She references the Connecticut-Oklahoma women's NCAA championship game -- the highest-rated basketball game, men's or women's, in the network's history -- and the gathered employees begin to nod and smile self-satisfied smiles.

But then the woman who has done more for women's sports in America than anyone makes an abrupt left turn. There is more do be done, much, much more, King says. It is the media's job -- responsibility, she insists -- to help create a level playing field. Executives of the Worldwide Leader in Sports shift uncomfortably in their seats. The smiles twist into grimaces.

Title IX, the law that prohibits discrimination based on gender in athletics and academics, turns 30 years old on June 23. But for King, the fight is never over.

"The 30-year legacy of Title IX is the opportunity for women to get a college education and, second, to get better at their particular skill," King says later in a private interview. "It's been a huge difference for women's teams sports, and it created an infrastructure for women to pursue their passion in sports.

"That said, there is still widespread discrimination. The only way (Title IX) compliance happens is more lawsuits and parents and children writing to their representatives and saying, 'It's not right, let's get the Office of Civil Rights involved.' "

[FullSend]

Does the NCAA not have jurisdiction over Title IX compliance? Seems like a much better use of their time to properly monitor that compliance instead of clinging to the last vestiges of amateurism in football.

Even if it's not currently in the NCAA scope, it's clear that the NCAA as constructed/directed doesn't work right now. The calls for congress to pass some sort of NIL/transfer reform, would be interesting to see if this is an opportunity to change scope and monitor/enforce something that's an actual law (and also actually effects opportunities and overall athletic experience) and not if some kid got money.

[Slim]

The NCAA doesn’t enforce Title IX and is often guilty of sex discrimination itself.

Be great if Title IX compliance was a prerequisite for competition, but at the end of the day, the status quo benefits the universities who’d rather invest in football than invest in the experience of female athletes.

[bz]

Chalk up another Title IX victory thanks to attorney Arthur Bryant, with an assist from USA Today. It is a continuation of the theme that schools will violate Title IX with impunity unless legal proceedings, or the threat of legal proceedings, forces their hand.

Florida State to add women's lacrosse team after having bogus Title IX numbers exposed

https://sports.yahoo.com/florida-state- ... 56633.html

[oldman]

"Even if it's not currently in the NCAA scope, it's clear that the NCAA as constructed/directed doesn't work right now."

Never worked, from the beginning. Proponents, loud and in the minority, are the ones who have benefitted from big money at big universities. Title IX guarantees women's rowing, not the NCAA. For most of us the NCAA and most conferences just get in the way. Pure rowing? the clubs at ACRA. Paycheck to paycheck, always on the ropes, but continuing to survive with some of the best, broadest based racing in the country. If it weren't for the NCAA an eight would cost half of what it does now. Boatmakers know that big budget NCAA programs have big bucks and will pay whatever is demanded.

[Mandolorian]

The NCAA doesn’t enforce Title IX and is often guilty of sex discrimination itself.

Be great if Title IX compliance was a prerequisite for competition, but at the end of the day, the status quo benefits the universities who’d rather invest in football than invest in the experience of female athletes.

Title IX is a Federal civil rights law, not NCAA rule. Not really sure if the NCAA can "enforce" it or not.

[rowing]

If it weren't for the NCAA an eight would cost half of what it does now. Boatmakers know that big budget NCAA programs have big bucks and will pay whatever is demanded.

Uh oh, time to go after Big Carbon!!!!!!

[Slim]

The NCAA doesn’t enforce Title IX and is often guilty of sex discrimination itself.

Be great if Title IX compliance was a prerequisite for competition, but at the end of the day, the status quo benefits the universities who’d rather invest in football than invest in the experience of female athletes.

Title IX is a Federal civil rights law, not NCAA rule. Not really sure if the NCAA can "enforce" it or not.

The NCAA could make Title IX compliance a pre-requisite for participation. They certainly can't enforce it in the legal sense - that's up to the OCR and the courts - but they certainly could hold member schools to some level of compliance with the law by writing an NCAA rule.