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Firm News |
Federal Court Grants Class Certification in Title IX CaseFederal Judge Certifies Class Action which demands equal opportunities for female student athletes at UC Davis
On Friday October 24, 2008, a federal judge, in a lawsuit brought by three women students at University of California, Davis (UC Davis), certified a class of all present, prospective and future female students who seek to participate in varsity athletics at UC Davis. In his ruling in favor of the women students, Judge Damrell found that UC Davis, in its alleged failure to provide equal athletic opportunities to interested women students, is acting in a manner applicable to all interested female athletes. The Court appointed Equal Rights Advocates, The Sturdevant Law Firm (San Francisco, CA) and Equity Legal (Alexandria, VA) as class counsel. The decision means that the case will proceed as a class action on behalf of women students and is an important victory in this federal civil rights lawsuit against the Regents of the University of California.
The lawsuit, filed in July, 2007 in the United States District Court in Sacramento by women student athletes at UC Davis, Kelsey Brust, Jessica Bulala, and Laura Ludwig, alleges that the University is violating Title IX of the Education Amendment Act of 1972, a federal law that requires equal treatment of women at schools accepting federal funds, by failing to provide women with athletics opportunities at UC Davis that are equal to those provided to men. “Popular and competitive women’s sports club teams exist at UC Davis, but the women student athletes must pay to participate and receive coaching in club sports, and do not get benefits of varsity status,” explained Noreen Farrell, an attorney with Equal Rights Advocates and one of the lead attorneys on the case.
In its decision, the Court recognized that the potential number of women adversely impacted by the University’s alleged refusal to provide equal athletic opportunities made the case suitable for class treatment. These potential class members include over 500 female students at UC Davis who have indicated an interest in participation in varsity sports, along with the more than 6,000 high school athletes who participate in a sport not currently offered as a varsity sport at UC Davis.
“This case is really important for achieving equal treatment of current and future generations of women athletes,” said Laura Ludwig, one of the plaintiffs in the action. The women allege that discrimination against female athletes is far reaching, as UC Davis has a long history of providing more opportunities for intercollegiate sports to men than to women, relative to the respective enrollment of each sex. The lawsuit alleges that UC Davis has added only one women’s team – golf – since 1996, and that was after the filing of the suit involving women wrestlers and a separate suit by the wrestling coach, Michael Burch, who alleged he was terminated in retaliation for advocating for the women wrestlers.
According to Monique Olivier of The Sturdevant Law Firm, co-lead counsel for plaintiffs, UC Davis’ practice is particularly egregious because it has ignored the interest and skill of their women athletes, even as women comprise an ever-greater percentage of students attending colleges and universities. “Title IX guarantees that women should have equal opportunities in college athletics, but UC Davis’ practices fly in the face of the law,” Olivier said. “Women and girls are legally entitled to the myriad of benefits that come from playing sports – and to receive comparable economic benefits from scholarship and professional opportunities to those enjoyed by male athletes,” added Noreen Farrell.
For more information, please contact Monique Olivier at The Sturdevant Law Firm (415-477-2410) or Lisa Leebove at Equal Rights Advocates (415-621-0672).
View copies of the Complaint and the Class Certification Order (in Adobe PDF format).
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