Ladies’s Lacrosse Gamers File Intercourse Discrimination Class Motion Towards Fresno State for Eliminating Staff and Violating Title IX
CHARLESTON, W.Va., February 12, 2021 / PRNewswire / – Members of the women’s lacrosse team at California State University, Fresno ((Fresno State), filed a class action lawsuit against gender discrimination Fresno State today for discrimination against female student athletes and potential student athletes in violation of Title IX of the Education Amendments of 1972. The lawsuit has been filed in the US District Court for the Eastern District of CaliforniaAccuses the school and school officials of violating Title IX by depriving women of equal opportunities to participate, financial support from athletes and treatment; Elimination of the women’s lacrosse team at the end of that academic year; and treating the team far worse than any other university team in the meantime.
Title IX, a civil rights law, prohibits gender discrimination in all educational institutions that receive federal funding.
An application for an injunction and a memorandum in support of a court order are aimed at maintaining the women’s lacrosse team and demanding that it be treated equally with other university teams in the further course of the proceedings.
“”Fresno State has long been a national Title IX figurehead for gender discrimination in its intercollegiate sports program, “he said Arthur Bryant from Bailey Glasser, LLP, Senior Attorney for Women. “In 2016 it announced it had changed its behavior. Unfortunately, that was not true. The school is not close to ensuring gender equality for women. Fresno State The elimination and treatment of the women’s lacrosse team are apparent violations of Title IX. “
“It is really sad and disappointing that we have to complain Fresno State To ensure compliance with Title IX, treat women equally and preserve our team, “he said Megan Walaitis, Co-captain and senior on the women’s lacrosse team. “But we have to stand up and fight for our rights. Fresno State actively recruited us. We love to be here and play. But it tries to eliminate our team, already treat us as if we weren’t a college team, and discriminate against women throughout the intercollegiate sports program. ”
On October 16, 2020, Fresno State announced that it would eliminate its women’s lacrosse team (and its men’s tennis and wrestling teams) by the end of this academic year. By the time this happened, women were already receiving less than their fair share of opportunities to attend college in college athletics.
On 3rd December 2020, Arthur Bryantat Bailey Glasser Oakland Office, sent a letter to the former Fresno state president Joseph I. Castro Explain that the elimination of the women’s lacrosse team is against Title IX and request a dialogue about maintaining the team and ensuring compliance with Title IX of the school. Almost three weeks later, after several delays, Fresno State Bryant sent a “closing letter” saying there was “no reason” to consider “reinstating” the women’s lacrosse team, was “in accordance with Title IX” and showed no interest in talking to them.
Fresno State The elimination of the women’s lacrosse team and ongoing gender discrimination are particularly alarming as the school has a long-term national reputation and has been shown to violate Title IX. ON February 12, 2016, Article in the Fresno Bee reported that Fresno State had been investigated by the US Department of Education for Civil Rights (OCR) for violating Title IX since 1992, as Associate Athletic Director Diane Milutinovich “The inequalities between men’s and women’s sports have whistled.” OCR found Fresno State in violation of 11 out of 13 treatment areas. The school “had to meet 45 conditions” and was “under the eyes of the investigators of Title IX of the federal government for almost 25 years”.
During this period, gender discrimination in Fresno State The athletics department was such a serious problem that a staggering number of women in the department had to file lawsuits against the school, resulting in great notoriety and huge judgments and settlements. Women’s volleyball coach Linda Vivas accused the school of opposing them for advocating gender equality and won one $ 5.85 million Jury verdict in July 2007, later reduced to $ 4.52 million.
Basketball coach for women Stacy Johnson-Klein made a similar claim and won one $ 19.1 million Jury verdict in December 2007, later reduced to $ 6.6 million. Deputy Sports Director Milutinovich also claimed she was rejected for promoting gender equality and won one $ 3.5 million Settlement. Fresno State paid sizeable sums to settle claims made by other women, including the softball coach Margie Wright and track coach Ramona Pagel.
In the 2016 Fresno Bee article, Castro was quoted as saying that the school was “a National Leader” under Title IX, but the elimination of the women’s lacrosse team shows otherwise.
As Bryant’s letter to Castro noted, Title IX prohibits federally funded educational institutions from eliminating women’s teams for whom interest, skills, and competition are available unless “intercollegiate opportunities for male and female students are in one Number provided which is essentially proportional to their respective enrollments. ” Fresno State fails this test.
According to the latest publicly available data from the Equity in Athletics Disclosure Act Fresno State Submitted and verified with the U.S. Department of Education for the 2018-2019 school year, the school had a population of 11,518 women and 7,828 men. The number of students was 59.54%. The school’s intercollegial sports teams had 256 men and 323 women, or 55.79% women. This resulted in a 3.75% gap between the women’s enrollment rate for students and their intercollegiate athletic participation rate. Given the number of men on the university teams, Fresno State should have included at least 54 women in his sports program in order to offer women fair opportunities to participate. But Fresno State eliminates and does not add opportunities for women.
Based on this data, with the elimination of the teams announced on October 16, 2020The school’s athletic enrollment will drop to around 221 men and 295 women, or 57.17% women – which still leaves a 2.37% gap. Therefore it is also with the announced team eliminations Fresno State would have to add around 30 women to achieve gender equality under Title IX. This is almost exactly the number of athletes on the women’s lacrosse team that the school eliminates.
In addition to Walaitis, the lawsuit was filed by Fresno State Women lacrosse team members Taylor Anders, Hennessey Evans, Abbigayle Roberts (co-captain) and Tara Weir.
In addition to Bryant, the women are represented by Bailey Glassers Cary Joshi, Joshua Hammock, Britney Littles, and Elliott McGraw in the Washington, DC, I am hogan in the Morgantown, WV, Sharon Iskra and Laura Babiak in the Charleston, WV, and Nicole Ballante in St. Peterburg, FL, together with Co-Counsel Michael Caddell, Cynthia Chapman, and Amy Tabor by Caddell & Chapman in Houston, Texas, and Monterey, CA.
The defendants are Fresno State, Sports director Terrence Tumey, Former president Joseph Castroand interim president Dr. Saul Jimenez-Sandoval.
Bryant has successfully represented more female athletes and potential female athletes in litigation against schools and universities in Title IX than any lawyer in the country. He and his co-counsel recently reached settlements where women’s teams have been reinstated and Title IX compliance promoted Dartmouth College and East Carolina University in the January 2021, the University of North Carolina at Pembroke in the December 2020, Wilhelm & Mary College in the October 2020, and Brown University in the September 2020.
SOURCE Bailey Glasser