Case 4:96-cv-00105-TCK Document 24 Filed in USDC ND/OK on 08/16/99 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA

RON RANDOLPH, as parent and

)

next friend of his minor daughter,

)

AMANDA M. (MIMI) RANDOLPH; )

COY E. & CANDACE L. BROWN,

)

parents and next friend of their minor )

daughter, HAYLEY E. BROWN;

)

ROBERT C. & SUSAN J. PARKER, )

as parents and next friend of their minor )

daughter, SARAH J. PARKER;

)

ROBERT C. & SUSAN J. PARKER, as )

parents and next friend of their minor )

daughter, REBEKAH S. PARKER;

)

ROBERT F. & VICKI L. RANDOLPH, )

JR., as parents and next friend of their )

minor daughter, TERI JO RANDOLPH; )

JIM & KAY PIGG, as parents and next )

friend of their minor daughter, MELISSA)

PIGG; TOM & BECKY MARTIN, as )

parents and next friend of their minor )

daughter SHERA MAE MARTIN; and )

on behalf of all others similarly situated, )

)

Plaintiffs,

)

)

v.

)

)

OWASSO INDEPENDENT SCHOOL )

DISTRICT NO. 1-011, a/k/a

)

OWASSO PUBLIC SCHOOLS

)

)

Defendant.

)

V F 1 LED AUG161999

Phil Lombardi

,J"

U.S. DISTRICT' Clerk

COURT

J Case No. 96-CV-OIOSK

OWASSO SCHOOL DISTRICT'S COMPLIANCE REPORT

The Owasso School District tenders this Report to the Court in support of its

compliance with the Consent Decree entered on October 2, 1996, in the class action lawsuit

brought by parents of female students attending Owasso School District. Plaintiffs alleged

that the School District engaged in gender inequity in connection with school sponsored

sports offered to the District's female students. The School District and Plaintiffs were able

to resolve the lawsuit through the entry of a Consent Decree which set out the agreements

Case 4:96-cv-00105-TCK Document 24 Filed in USDC ND/OK on 08/16/99 Page 2 of 11
reached with respect to the District's sports program available to female students. The District's compliance obligations and related compliance is set out below.
STUDENT ATHLETIC INTEREST SURVEY The School District was obligated to survey female students during the last quarter of the 1996-97 school year, the last quarter of the 1997-98 school year and every other school year after the 1997-98 survey. The survey results are to be used to assess the interests of the girls in school sponsored sports and to use, along with other supplemental information, in deciding whether to offer additional sports or to add teams to existing sports. The District is also required to urge coaches to play the maximum number of games permitted in order to avoid coaches of female teams failing to schedule or playa reasonable number of games. Coaches are required to document any reason or reasons for not completing a full schedule of competition opportunities. COMPLIANCE: The District certifies that it has conducted student interest surveys in accordance with the above requirements and has required coaches to document any reasons for the cancellation of competition opportunities. Likewise, coaches have been urged to schedule a maximum number of competition opportunities to assure that female students have ample opportunity to engage in a full schedule of competitive opportunities.
SOFTBALL- FRESHMAN TEAM The District agreed to consider the addition of a softball freshman team. There was no obligation to establish a freshman team for the 1997-98 school year unless there was sufficient student interest to warrant the addition of a team at that level. The decision was to be made on the basis of multiple factors including: student interest survey, number of students who appear for tryouts, the opinion of coaches regarding the underlying interest of
-2-

Case 4:96-cv-00105-TCK Document 24 Filed in USDC ND/OK on 08/16/99 Page 3 of 11
girls in softball sufficient to warrant a freshman team and related factors indicative of interest. COMPLIANCE: Taking into consideration the results of the multi-faceted approach to determining interest, the District added softball for freshman girls for the 1997-98 school year.
INTRAMURAL ACTIVITIES The District has engaged in consistent efforts to provide intramural opportunities for 7th and 8th grade students from the 1997-98 school year to the current date. The sports targeted for intramural play at the designated grade levels are softball, volleyball, and tennis. The District has not provided intramural opportunities for cut players based on its assessment that there were insufficient numbers of "cut" players to provide a basis for intramural competition. COMPLIANCE: The District has established and maintained its efforts pointed at middle school intramural sports competition in the sports identified above. Although the District has continued its intramural emphasis, attempted a variety of formats to attract more students, and changed the time of day when the intramural opportunity was available - all in an effort to attract more interest - by and large few students have participated in or taken advantage ofthe District's middle school intramural offerings.
VOLLEYBALL The District's obligation with respect to middle school volleyball was similar to the middle school softball. It was agreed that the District would review the level of interest and, if sufficient interest existed, establish volleyball as a new sport at the middle school level. COMPLIANCE: The District has added 8th and 9th grade volleyball.
-3 -

Case 4:96-cv-00105-TCK Document 24 Filed in USDC ND/OK on 08/16/99 Page 4 of 11
MIDDLE SCHOOL SPORTS FOR FRESHMAN FEMALES The District agreed to evaluate the availability ofmiddle school sports in surrounding school districts. It conducted a survey during the 1997-98 school year regarding competitive sports opportunities at the middle school level. COMPLIANCE: The District's review of middle school sports has to date resulted in the addition of 9th grade softball and 8th and 9th grade volleyball.
SURVEY OF POLICIES The District was required to survey its policies to determine whether any of the District's policies functioned or had the potential for functioning as a barrier to female sports participation. In particular, Plaintiffs were concerned with whether the District's policies established artificial barriers improperly requiring a student to elect between sports participation and cheerleading or pompon. COMPLIANCE: The District examined its policies in line with the purpose identified above. It found no improper or illegal barriers to sports participation. There are instances when female (and male) students must make certain choices which are driven by schedules, academic choices, as well as other activities in which a student may seek to participate. Accordingly, a student may be in a position because ofthe time when competing sports or activities are offered to select between softball and cheerleading. However, the District found no categories in which female students were placed in a position to make choices which discriminated against them because of their gender.
BUDGETS AND EXPENDITURES The Consent Decree required the School District to maintain precise records regarding all athletic (male and female) expenditures and purchases. Correspondingly, the District was required to maintain records regarding expenditures that were the result of
-4 -

Case 4:96-cv-00105-TCK Document 24 Filed in USDC ND/OK on 08/16/99 Page 5 of 11
donations - regardless of the source of the donation. In addition, the District was to maintain a budget applicable to its athletic program to afford interested individuals an opportunity to identify any deviation from the approved budget for each sport. COMPLIANCE: The District has maintained extensive records related to its sports program including records related to fund-raising, general appropriations and third party donations. The District's records, in this record, are public records and in accordance with the Oklahoma Open Records Act are available for examination by any interested citizen.
EQUIPMENT AND SUPPLIES The District's obligation pursuant to the Consent Decree was to provide comparable equipment and supplies to all athletic teams and to avoid purchases for boys' teams which might violate this requirement. The obligation was entered as one requiring that each team have what it needs to compete and boys' teams not be provided with equipment and supplies of superior quality to those provided to girls. COMPLIANCE: The District has been careful to survey its requests for purchases of equipment and supplies for all teams (female and male). It believes that its efforts have resulted in a system that treats teams equally with respect to assessing their needs and providing for equipment and supplies in line with the nature of the sport, the need of the team, and maintenance of similar quality of equipment for all sports.
UNIFORMS In accordance with the Decree, uniforms are to be substantially equal in terms of availability and quality. Following the entry of the Consent Decree and periodically since that time, uniforms for all sports have been inventoried to insure compliance with the District's obligation in this area. Coaches are, likewise, urged to advise the Athletic Director of any need for uniforms or any perceived inequity in the District's provision of uniforms
- 5-

Case 4:96-cv-00105-TCK Document 24 Filed in USDC ND/OK on 08/16/99 Page 6 of 11
for one sport as compared with those available to participants in another sport. Also, a coach who desires to purchase a uniform or other sport-related apparel must obtain prior approval for the purchase. In this regard, the Athletic Director serves as a gatekeeper who can approve or disapprove a requested purchase if the purchase would result in an inequity violative of Title IX.
SCHEDULING OF GAMES AND PRACTICE TIMES The District's obligation with respect to both scheduling of games and practices is to avoid scheduling which regularly relegates female teams to an inferior time slot. In other words, male teams were not to have a lock on the superior time assignment for the purpose ofpractice or competition. COMPLIANCE: The District regularly reviews its schedule for sports when both male and female teams are involved in like competition (as in basketball) to insure that schedules are not automatically designated on the historical game time for male or female teams. Schedules are determined based on the desires of the respective team members, the ability to attract, maintain, and maximize fan support for female and male teams involved in competition and based on the conference schedule in which the School District participates.
SIXTH HOUR CREDIT This refers to the opportunity for a student to enroll in sixth hour athletics as distinguished from exclusive after school practice limitations. COMPLIANCE: All sports have been moved into the sixth hour athletic period and all athletics receive credit for the hour.
TRAVEL In accordance with the Decree, female students were to be extended the same privileges with respect to travel that are available to boys' teams. This was not designed to
-6-

Case 4:96-cv-00105-TCK Document 24 Filed in USDC ND/OK on 08/16/99 Page 7 of 11
require that girls must take the same trips; rather, that when girls qualifY for travel, they are entitled to travel in the same manner, stay in comparable lodging, and receive comparable financial support as boys' teams. COMPLIANCE: The District documents all requests for travel as well as travel arrangements for boys and girls. Arrangements are subject to prior approval to insure that a District administrative representative has knowledge of the arrangements and how they compare across the District to other sports or activities.
COACHES The District's Title IX obligation and its duty, parallel with the Consent Decree is to utilize procedures for hiring and retaining coaches for girls' teams that are the same as those applied when the District is searching for and attempting to retain coaches for boys' teams. COMPLIANCE: The District's practices and procedures for recruiting and retaining coaches is the same for boys' and girls' teams. The District does note that there are instances involving either sports which are less active and which have a lower level of participation or in instances where there appears to be less interest in which the District must enhance and broaden its efforts for recruitment in order to secure qualified candidates.
FACILITIES The Decree provides that the District's facilities for male and female athletes shall be substantially equal. In addition, the District agreed as a part ofits obligations to construct a softball field comparable to the baseball field available to the District's baseball teams. COMPLIANCE: The District constructed a new school-owned softball field which was ready for use for games and practices in the 1998-99 softball season. In September (1998) bleacher installation, which was delayed by weather, was completed. During September through November (1998), work was also completed on dugouts and a new concession
- 7-

Case 4:96-cv-00105-TCK Document 24 Filed in USDC ND/OK on 08/16/99 Page 8 of 11
facility. During the Summer of 1999, a concrete pad and batting cage were erected for inseason and off-season practice. The District passed a bond issue in the Spring of 1999 which includes a men's football and weight training facility and the conversion of the current football dressing room into the women's training building and locker room. The building is centrally located for access by all women's sports. The men's building will be relocated to the north end of the high school property.
WEIGHT FACILITIES The School District is obligated to insure access for female athletes to its weight facilities and to also assure adequate equipment to permit female athletes to benefit to the same extent as male athletes from the District's weight facilities and equipment. COMPLIANCE: The District prepared a plan by the end of the 1996-97 school year related to its weight facilities. It was effective at the beginning of the 1997-98 school year and provides female athletes full access to equipment comparable to the equipment available to male athletes. In addition, the District's plan as discussed above will provide a separate facility for male and female athletes.
PUBLICITY AND SUPPORT ORGANIZATIONS The District's obligation under the Decree is to promote girls' sports to the same extent that it promotes boys' sports. Similarly, girls teams should be extended support such as pompon, band, and similar spirit support as other teams which form a part ofthe District's sports program. COMPLIANCE: The District has engaged in consistent efforts to insure that its internal publicity efforts for girls are no less than the efforts related to boys' sports.
-8-

Case 4:96-cv-00105-TCK Document 24 Filed in USDC ND/OK on 08/16/99 Page 9 of 11
THE DISTRICT'S COMPLIANCE OFFICER AND GRIEVANCE PROCEDURE Both parties recognized the wisdom of encouraging the parties to use the District's
grievance procedure as a tool for resolving internal disputes regarding compliance with the Decree and also with regard to school sports and gender equity issues. Accordingly, the District's Title IX Compliance Officer was given extensive authority ofeducating personnel regarding Title IX and its application to the District's sports program as well as the maintenance of records related to compliance, and the publication of the District's obligations. COMPLIANCE: The District's first Compliance Officer was Lynn Johnson. Ms. Johnson was involved in the compilation of the Consent Decree and was the first person to assume responsibility for compliance with the mutually negotiated provisions of the Decree. Mr. David Fisher was appointed to succeed Ms. Johnson.
The District has since the filing of the Decree had one grievance filed alleging possible Title IX discrimination. The grievance ended in a hearing before the Board of Education. No additional grievances have been filed and no grievances were filed during the 1998-99 school year.
SUMMARY The District has embraced its obligations and believes that they have been fulfilled. The principle of gender equity embodied in the litigation is a worthwhile goal about which the parties never disagreed. There was disagreement on the methods by which the District would achieve compliance utilizing available resources in a manner that provided all students, regardless of gender, an equal opportunity to participate in school sports and to enjoy and receive the same treatment and benefits. While litigation is rarely a welcome
-9-

Case 4:96-cv-00105-TCK Document 24 Filed in USDC ND/OK on 08/16/99 Page 10 of 11
event for any person or organization, there are times when the people involved are compelled to focus on the goal rather than the beginning point.
The goal, for all, was an awakening of sports for girls and a desire that girls and boys alike experience, ifthey so choose, the thrill ofcompetition or even the hurt of loss. Owasso respectfully submits that it has met its goals embodied in the Consent Decree even as it continues to build school sponsored sports for all those students who choose to participate.
Respectfully submitted,
--.....-~::>.......-=-'=''- ~.~ IGrrrh'Long, OBA #5510 J. Douglas Mann, OBA #5663 Rosenstein, Fist & Ringold 525 South Main, Suite 700 Tulsa, Oklahoma 74103-4500 (918) 585-9211
CERTIFICATE OF MAILING The undersigned certifies that on August 16,1999, a true and correct copy of the foregoing Owasso School District's Compliance Report was mailed, postage prepaid, to:
Samuel J. Schiller Ray Yasser Schiller Law Firm P. O. Box 159 Haskell, OK 74436
- 10 -

Case 4:96-cv-00105-TCK Document 24 Filed in USDC ND/OK on 08/16/99 Page 11 of 11

VERIFICATION OF OWASSO SCHOOL DISTRICT'S COMPLIANCE REPORT

STATE OF OKLAHOMA COUNTY OF TULSA

) ) SS. )

Before me, the undersigned authority in and for the said jurisdiction, personally appeared Dale Johnson and David Fisher who stated, after being first duly sworn, that they are representatives of Owasso Independent School District No.1-OIl, a defendant in the action styled Ron Randolph~ et ai. vs. Owasso Independent School District a/k/a Owasso Public Schools~ et aI.. United States District Court for the Northern District of Oklahoma. Case No. 96-CV-0105K, and that they have reviewed the Owasso School District's Compliance Report and that the matters, facts and things contained therein are true and correct to the best of their knowledge, information and belief.
:Xl~
DALE JOHNSON Superintendent, Owasso Public Schools
CiJd:JE~
DAVID FISHER Title IX Compliance Officer, Owasso Public Schools

Subscribed and sworn to before me this 16th day of August, 1999.

My Commission expires:

 
 384 CARDOZO ARTS & ENTERTAINMENT

[Vol. 15:371

Gender Equity in Athletics: The New Battleground of Interscholastic Sports
by Ray Yasser & Samuel J. Schiller 15 Cardozo Arts & Ent. L.J. 371 (1997). http://digitalcommons.law.utulsa.edu/cgi/viewcontent.cgi? article=1037&context=fac_pub

IV. THE CLASS ACTION COMPLAINT
With assistance from the National Women's Law Center, we drafted the following complaint,1 °4 which is annotated with our comments in bold type.

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OKLAHOMA

RON RANDOLPH, as parent and

)

Case No.

next friend of his minor

daughter, AMANDA M. (MIMI)

)

96-CV-0105K

RANDOLPH; COY E. & CANDACE L.

BROWN, as parents and next

)

CLASS ACTION

friend of their minor

daughter, HAYLEY E.BROWN;

)

ROBERT C. & SUSAN J. PARKER

as parents and next friend

103 42 U.S.C. § 1988 (1994). 104 This complaint is modeled on the complaint in the case of Thomsen v. Fremont
Public School District #1, No. 4CV95-3124 (Dist. Of Neb.) (Filed April 10, 1995). It was provided to us by Deborah Brake and Judith Appelbaum from the National Women's Law Center in Washington, D.C. They served as co-counsel with Alan G. Stoler of Omaha, Nebraska and Kristen M. Galles and William C. Crenshaw of Powell, Goldstein, Frazer & Murphy in Washington, D.C.

1997]

GENDER EQUI1Y IN ATHLETICS

385

of their minor daughter,

)

SARAH]. PARKER; ROBERT C. & )

SUSAN J. PARKER, as parents

)

and next friend of their

)

minor daughter, REBEKAH S.

)

PARKER; ROBERT F. & VICKI L.

)

RANDOLPH, JR, as parents

)

and next friend of their

)

minor daughter, TERI JO

)

RANDOLPH; JIM & KAY PIGG, as

)

as parents and next friend

)

of their minor daughter,

)

MELISA PIGG; TOM & BECKY

)

MARTIN, as parents and next

)

friend of their minor

)

daughter, SHERA MAE MARTIN;

)

and on behalf of all others

)

similarly situated,

)

Plaintiffs,

)

v.

OWASSO INDEPENDENT SCHOOL )

DISTRICT NO. 1-011, a/k/a

)

OWASSO PUBLIC SCHOOLS; DALE )

JOHNSON, individually and in

)

his official capacity as

)

Superintendent; RICK DOSSETT,

)

individually and in his official

)

capacity as Principal; JOHN

)

SCOTT, individually and in his

)

official capacity as Athletic

)

Director; and Does 1 through

)

50,

)

Defendants.

)

The above-captioned Plaintiffs, as parents and next friends of their minor daughters, and on behalf of all others similarly situated ("Plaintiffs"), respectfully file this Complaint against Defendants, O'VASSO INDEPENDENT SCHOOL DISTRICT NO. I-Oll, a/k/a

386 CARDOZO ARTS & ENTERTAINMENT [Vol. 15:371
OWASSO PUBLIC SCHOOLS; DALE JOHNSON, individually and in his official capacity as Superintendent; RICK DOSSETT, individually and in his official capacity as Principal; JOHN SCOTT, individually and in his official capacity as Athletic Director; and Does 1 through 50, and allege as follows:
STATEMENT OF THE CASE
1. This action is posed as a class action for declaratory and injunctive relief brought on behalf of female students at Owasso Public Schools ("Owasso") in Owasso, Oklahoma. [While a purely pecuniary consideration might argue for a number of smaller actions, all with statutory fees available, a class action provides the greatest opportunity to "fix the system."] The named plaintiffs are also seeking compensatory damages in their individual capacities. Defendants have violated (1) Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681 et seq. ("Title IX") and the regulations adopted thereto, and (2) the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and 42 U.S.C. § 1983, by intentionally denying the female students at Owasso (1) an equal opportunity to participate in interscholastic and other school-sponsored athletics and (2) the equal treatment and benefits that must necessarily accompany an equal opportunity to participate.
2. Defendants' denial of equal participation and equal treatment and benefits constitutes intentional discrimination against the named plaintiffs and all members of the class based solely on their gender. Specifically, as to unequal participation opportunities, Defendants have discriminated against female students at Owasso in the accommodation of student interests and abilities in athletics by knowingly and intentionally selecting and offering sports and levels of competition in a manner which discriminates against female students. Notwithstanding the significant number of female students at Owass9 who have the interest and abilities necessary to participate in athletics, Defendants have refused to provide them with an equal opportunity to do so. Furthermore, as to unequal treatment and benefits, Defendants have discriminated against Owasso's female students in the following areas: (1) equipment and supplies; (2) scheduling of games and practice times; (3) travel; (4) opportunity to receive qualified coaching; (5) assignment and compensation of coaches; (6) provision of locker rooms and facilities for both practice and competition; and (7) publicity.
3. This action seeks to redress the deprivation of the named

1997]

GENDER EQUI1Y IN ATHLETICS

387

plaintiffs' rights and the rights of the class to an equal opportunity to participate in interscholastic and other school-sponsored athlet...: ics and to receive the equal treatment and benefits which must necessarily accompany an equal opportunity to participate. This action seeks a declaratory judgment that Defendants have violated the rights of Owasso's female students under federal law and the United States Constitution. This action further seeks an injunction requiring Defendants to immediately cease their discriminatory practices and to remedy the effects of their discriminatory practices and to remedy the effects of their discriminatory conduct.
4. Plaintiffs seek injunctive relief which, among other things, requires that Defendants sponsor and fund a sufficient number of additional athletic teams for female students to obtain meaningful participation opportunities which are comparable to those offered to male students enrolled at Owasso.
5. Plaintiffs further seek injunctive relief which requires that Defendants provide the girls' athletic teams at Owasso with equal treatment and benefits as Owasso already provides to its boys' athletic teams.
6. The named Plaintiffs, in their capacities as the parents and next friends of their minor daughters, seek monetary relief in order to compensate them for their damages resulting from Defendants' discrimination in its athletics program, including, among other things, (1) the actual out-of-pocket costs incurred in paying for equipment and supplies for their daughters to participate in interscholastic and other school-sponsored athletics which would not be incurred by parents of boys similarly situated, (2) the damages associated with their daughters' lost opportunities to participate in athletics, (3) the damages associated with their daughters' reduced opportunities to obtain college athletic scholarships, and (4) the emotional distress and other damages resulting from their daughters' being subjected to unequal treatment and benefits in athletics on the basis of gender.

JURISDICTION AND VENUE
7. The first claim arises under 20 U.S.C. § 1681, et seq. and its interpreting regulations. Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331, 1343(a) (3), and 1343(a) (4).
8. The second claim also arises under 20 U.S.C. § 1681 et seq. and its interpreting regulations. Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331, 1343(a) (3), and 1343(a) (4).
9. The third claim arises under the Equal Protection Clause

388 CARDOZO ARTS & ENTERTAINMENT [Vol. 15:371
of the Fourteenth Amendment of the United States Constitution and 42 U.S.C. § 1983. Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331, 1343(a) (3), and 1343(a) (4).
10. Jurisdiction for declaratory and other relief is invoked pursuant to 28 U.S.C. §§ 2201 (a) and 2202.
11. Venue is proper pursuant to 28 U.S.C. § 139l(b). These claims arose in Owasso, Oklahoma, which is within the jurisdiction of this Court.
THE PARTIES
[This section of the complaint introduces the athletes as real people who have suffered real discrimination.]
12. Plaintiff Ron Randolph is the father of Mimi Randolph, a 15-year-old 10th grade student at Owasso High School. Mimi is a talented athlete who participates in interscholastic softball. She has thus endured the unequal treatment and benefits directed by Owasso toward their female athletes. In addition, her opportunities to participate in interscholastic and other school-sponsored athletics are not comparable to the opportunities afforded to boys who are similarly situated. The Randolphs are residents of Owasso, Oklahoma, which is within the jurisdiction of this Court.
13. Plaintiffs Candace and Coy Brown are the parents of Hayley Brown, a 13-year-old 8th grade student at Owasso Middle School. Hayley is a talented athlete who participates in softball. Her opportunities to participate in interscholastic and other school-sponsored athletics are not comparable to the opportunities afforded to boys who are similarly situated. The Browns are residents of Owasso, Oklahoma, which is within the jurisdiction of this Court.
14. Plaintiffs Susan and Robert Parker are the parents of Sarah]. Parker, a 16-year-old 11th grade student at Owasso High School. Sarah is a talented athlete who participates in interscholastic soccer. She has thus endured the unequal treatment and benefits directed by Owasso toward their female athletes. In addition, her opportunities to participate in interscholastic and other school-sponsored athletics are not comparable to the opportunities afforded to boys who are similarly situated. The Parkers are residents of Owasso, Oklahoma, which is within the jurisdiction of this Court.
15. Plaintiffs Susan and Robert Parker are the parents of Rebekah S. Parker, a 14-year-old 9th grade student at Owasso High School. Rebekah is a talented athlete who participates in inter-

1997]

GENDER EQUI'JY IN ATHLETICS

389

scholastic soccer. She has thus endured the unequal treatment and benefits directed by Owasso toward their female athletes. In addition, her opportunities to participate in interscholastic and other school-sponsored athletics are not comparable to the opportunities afforded to boys who are similarly situated. The Parkers are residents of Owasso, Oklahoma, which is within the jurisdiction of this Court.
16. Plaintiffs Vicki L. and Robert F. Randolph are the parents of Teri Jo Randolph, a 12-year-old 6th grade student at Owasso Middle School. Teri Jo is a talented athlete who participates in softball and basketball. Her opportunities to participate in interscholastic and other school-sponsored athletics are not comparable to the opportunities afforded to boys who are similarly situated. The Randolphs are residents of Owasso, Oklahoma, which is within the jurisdiction of this Court.
17. Plaintiffs Kay and Jim Pigg are the parents of Melisa Pigg, a 16-year-old 10th grade student at Owasso High School. Melisa is a talented athlete who participates in interscholastic softball. She has thus endured the unequal treatment and benefits directed by Owasso toward their female athletes. In addition, her opportunities to participate in interscholastic and other school-sponsored athletics are not comparable to the opportunities afforded to boys who are similarly situated. The Piggs are residents of Owasso, Oklahoma, which is within the jurisdiction of this Court.
18. Plaintiffs Becky and Tom Martin are the parents of Shera Martin, a 16-year-old 11th grade student at Owasso High School. Shera is a talented athlete who participates in interscholastic softball. She has thus endured the unequal treatment and benefits directed by Owasso toward their female athletes. In addition, her opportunities to participate in interscholastic and other schoolsponsored athletics are not comparable to the opportunities afforded to boys who are similarly situated. The Martins are residents of Owasso, Oklahoma, which is within the jurisdiction of this Court.
19. Defendant Owasso Independent School District No. 1011, a/k/a Owasso Public Schools, is a public school district authorized by 70 Okla. Stat. § 1-101 et seq. to operate and control Owasso Public Schools, where the Plaintiffs' daughters are students. Therefore, Owasso's conduct is considered state action under 42 U.S.C. § 1983. Defendant Owasso is located in Owasso, Oklahoma, which is within the jurisdiction of this Court. Since the passage of Title IX, Owasso has received and continues to receive federal financial assistance and the benefits therefrom. Therefore,

390 CARDOZO ARTS & ENTERTAINMENT [Vol. 15:371
all programs at Owasso, including athletics, are subject to the requirements of Title IX.
20. Defendant Johnson is the Superintendent of Schools at Owasso. Mr. Johnson is a resident of the state of Oklahoma and thus is subject to the jurisdiction of this Court.
21. Defendant Dossett is the Principal of Owasso's High School. Mr. Dossett is a resident of the state of Oklahoma and thus is subject to the jurisdiction of this Court.
22. Defendant Scott is the Athletic Director at Owasso High School. Mr. Scott is a resident of the state of Oklahoma and thus is subject to the jurisdiction of this Court.
23. The named Plaintiffs are ignorant of the true names and capacities of Does 1-50, but believe them to be employees of Owasso or members of the Owasso School Board. Plaintiffs will seek to amend this Complaint to set forth their true names and capacities when they are ascertained. Plaintiffs are informed and believe, and on that basis allege, that each of these fictitiously named defendants is responsible in some manner for the discriminatory actions alleged herein and that each is a resident of the State of Oklahoma and thus is subject to the jurisdiction of this Court.
CLASS ALLEGATIONS
24. The named Plaintiffs bring these claims on behalf of their minor daughters, and, pursuant to Rule 23(a) and (b) (2) of the Federal Rules of Civil Procedure, for declaratory and injunctive relief, on behalf of all present and future female students enrolled at Owasso who participate, seek to participate, or are deterred from participating in interscholastic and/or other school-sponsored athletics at Owasso.
25. Each of the named Plaintiffs' daughters is a student at Owasso and is an athlete who is subjected to Owasso's unequal treatment and benefits.
26. In bringing this lawsuit, Plaintiffs seek to require Defendants to comply with Title IX and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution by ending their discriminatory policies toward the girls' athletics programs in Owasso. Accordingly, Plaintiffs seek injunctive relief requiring Owasso to fund and sponsor girls' sports so that the interests and abilities of all female students at Owasso are accommodated in a non-discriminatory manner. Plaintiffs propose to represent all female students at Owasso who wish to participate in

1997]

GENDER EQUITY IN ATHLETICS

391

any interscholastic and other school-sponsored athletics that are not funded and sponsored by Owasso. In addition, Plaintiffs, whose daughters are currently athletes at Owasso, seek declaratory and injunctive relief to remedy discrimination against current and future female athletes at Owasso regarding their receipt of treatment and benefits which are not comparable to those received by the male athletes.
27. The class is so numerous thatjoinder of all members is impractical. It is unknown how many of the current Owasso female students or how many future Owasso female students would seek to participate in interscholastic or other school-sponsored athletics, if additional opportunities were available. Moreover, joinder of all members is impractical because members of the class who may suffer future injury are not capable of being identified at this time.
28. There are many questions of law and fact common to the class, including: (a) whether female students at Owasso are being deprived of equal opportunities to participate in interscholastic and other school-sponsored athletics, (b) whether female students at Owasso are receiving unequal treatment and benefits in comparison to the male students at Owasso, and (c) whether Defendants have been and are discriminating against girls in Owasso's interscholastic and other school-sponsored athletic programs in violation of Title IX and the United States Constitution.
29. The claims of the named Plaintiffs are typical of the claims of the class. The types of gender discrimination which Plaintiffs' daughters have suffered as a result of their gender include: (1) exclusion from opportunities to participate in the interscholastic and other school-sponsored athletic programs at Owasso and/or (2) receipt of unequal treatment and benefits in Owasso's interscholastic or other school-sponsored athletic programs. These are typical of the types of gender discrimination which members of the class have suffered, are suffering, and, unless this Court grants relief, will continue to suffer.
30. The named Plaintiffs will fairly and adequately represent and protect the interests of the class. Plaintiffs intend to prosecute this action rigorously in order to secure remedies for the entire class.
31. Defendants have acted or refused to act on grounds generally applicable to the class, thereby making appropriate final declaratory and injunctive relief with respect to the class as a whole.

392 CARDOZO ARTS & ENTERTAINMENT [Vol. 15:371
GENERAL ALLEGATIONS THE REQUIREMENTS OF TITLE IX
32. Title IX, enacted in 1972, provides in relevant part:
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.
20 U.S.C. § 1681 (a). The Civil Rights Restoration Act of 1987 made Congress' intent plain that "program or activity," as used in Title IX, applies to any program or activity so long as any part of the public institution receives federal financial assistance. 20 U.S.C. § 1687. Thus, Owasso is subject to Title IX even if none of the funding for either its girls' or boys' athletic programs comes specifically from federal sources.
33. In 1975, the Department of Health, Education and Welfare (the predecessor of the United States Department of Education ("DOE")) adopted regulations interpreting Title IX. These regulations are codified at 34 C.F.R. pt. 106. (the "Regulations").
34. With regard to athletic programs, 34 C.F.R. § 106.41 (a) provides that interscholastic athletics are included within the "program or activity" requirements of Title IX:
No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person or otherwise be discriminated against in any interscholastic, intercollegiate, club or intramural athletics offered by a recipient. ...
35. 34 C.F.R. § 106.41 (c) specifies ten (10) factors that are to be considered in the determination of equal athletic opportunity:
1. Whether the selection of sports and levels of competition effectively accommodate the interest and abilities of members of both sexes;
2. The provision of equipment and supplies; 3. Scheduling of games and practice time; 4. Travel and per diem allowance; 5. Opportunity to receive coaching and academic tutoring; 6. Assignment and compensation of coaches and tutors; 7. Provision of locker rooms, practice and competitive
facilities; 8. Provision of medical and training facilities and services; 9. Provision of housing and dining facilities and services; and 10. Publicity.

1997]

GENDER EQUI1Y IN ATHLETICS

393

Another factor to be considered is a school's "failure to provide necessary funds for teams for one sex." Id.
36. In 1979, the Office of Civil Rights of the Department of Education ("OCR") issued a policy interpretation of Title IX and the Regulations. This policy interpretation is found at 44 Fed. Reg. 71413 (1979) (the "Policy Interpretation").
37. The Policy Interpretation provides that, in order to comply with Title IX and 34 C.F.R. § 106.4l(c), schools must provide equal athletic opportunities in three general areas: (1) awarding of scholarships (aimed primarily at problems at the intercollegiate level); (2) participation opportunities (including both the number of opportunities and whether the selection of sports and the level of competition effectively accommodate the interests and abilities of members of both sexes); and (3) treatment and benefits. 44 Fed. Reg. at 71414. Although the scholarship regulations are not at issue in this complaint, equal participation opportunities and equal treatment and benefits are.
38. According to the Policy Interpretation, compliance in the area of equivalent participation opportunities is to be determined by the following three-part test:
(1) whether interscholastic and other school-sponsored athletic participation105 opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments; or (2) where the members of one sex have been and are underrepresented among interscholastic and other school-sponsored athletics, whether the institution can show a history and continuing practice of program expansion which is demonstrably responsive to the developing interest and abilities of the members of that sex; or (3) where the members of one sex are underrepresented among interscholastic and other school-sponsored athletics and the institution cannot show a continuing practice of program expansion such as that cited above, whether it can be demonstrated that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program. 106

105 Although the Policy Interpretation refers to "intercollegiate" sports, it is applicable to all recipients of federal education funds, including high schools, and is, thus, applicable to interscholastic high school sports, as well as intercollegiate sports. See34 C.F.R § 106.11 (1996); see also, 44 Fed. Reg. 71,413, 71,413 (1979) (the Policy Interpretation's "general principles will often apply to ... interscholastic athletic programs which are also covered by the Regulations").
106 See 44 Fed. Reg. At 71418.

394 CARDOZO ARTS & ENTERTAINMENT [Vol. 15:371
39. Under both the Regulations and the Policy Interpreta-
tion, compliance in the area of equal treatment and benefits is as-
sessed based on an overall comparison of the male and female athletic programs, including an analysis of factors (2) through (10) of 34 C.F.R. § 106.41 (c) listed above and an analysis of whether the necessary funds are provided for teams of both sexes.
40. The Regulations require that sponsors of interscholastic and other school-sponsored athletics (such as Owasso) take such remedial actions as are necessary to overcome the effects of gender discrimination in violation of Title IX. See 34 C.F.R. § 106.3(a). On information and belief, Owasso has not taken any significant recent remedial actions and any remedial actions which Owasso has taken in the past twenty (20) years have been insufficient to satisfy Owasso's obligations under Title IX.
41. The Regulations further require that sponsors of interscholastic and other school-sponsored athletics comply with the Regulations within three years of their effective date (which was July 21, 1975). Now, more than twenty (20) years later, Owasso has still not fully complied with Title IX.
THE U.S. CONSTITUTION
42. The Fourteenth Amendment to the United States Constitution requires that a state shall not "deny to any person within its jurisdiction the full protection of the laws."
43. Under 42 U.S.C. § 1983, Defendants may be held personally liable for their actions in violating Plaintiffs' daughters' rights under the Fourteenth Amendment.
INJUNCTIVE RELIEF
44. Plaintiffs are entitled to injunctive relief to end Defendants' unequal, discriminatory, and unlawful treatment of female student athletes. Because of Defendants' acts and omissions, Plaintiffs' daughters continue to be deprived of the rights guaranteed to them by the United States Constitution and the laws of the United States. Failure to grant the injunctive relief requested will result in irreparable harm to Plaintiffs' daughters in that Plaintiffs' daughters' Fourteenth Amendment rights will be violated and that Plaintiffs' daughters will never be able to participate in interscholastic and other school-sponsored athletics on an equal basis with their male classmates, if at all. Accordingly, Plaintiffs do not have an adequate remedy at law for this harm. This threatened harm far outweighs any possible harm that granting injunctive relief might

1997]

GENDER EQUI1Y IN ATHLETICS

395

cause Defendants. Finally, the injunctive relief sought would in no way disserve the public interest but, on the contrary, would prevent discrimination based on gender and would promote the goal of full equality before the law.

ATTORNEYS' FEES
45. Plaintiffs have been required to retain the undersigned attorneys to prosecute this action. Plaintiffs are entitled to recover reasonable attorneys' fees and costs pursuant to 42 U.S.C. § 1988.

FIRST CLAIM FOR RELIEF: TITLE IX
(UNEQUAL PARTICIPATION 0PPORTUNmES)
( CIASS ACTION AGAINST OWASSO ONLY)
46. Plaintiffs reallege and incorporate herein by this reference paragraphs 1 through 46 inclusive of this Complaint.
47. By offering certain opportunities to male students to participate in interscholastic and other school-sponsored athletics, Owasso has demonstrated its determination that athletic opportunities provide educational benefits that should be supported by the school system. Plaintiffs agree with this determination that athletic opportunities provide valuable educational benefits. For this very reason, Plaintiffs contend that their daughters-and all of the female students at Owasso-should have equal access and opportunity to receive these same benefits that the male students at Owasso already have. Owasso historically has not provided, and currently does not provide, its female students with such equal access and opportunity.
48. Owasso has intentionally violated Title IX by knowingly and deliberately discriminating against female students at Owasso, including the daughters of Plaintiffs, by among other things, failing to provide equal opportunities for females to participate in interscholastic and other school-sponsored athletics.
49. Several of the named Plaintiffs have on numerous occasions informed Owasso that its actions discriminate against their daughters and against all of Owasso's female students and that these actions constitute violations of the Title IX rights of these students. Despite the fact that Plaintiffs have drawn these inequities to the attention of Owasso, and requested relief, Owasso has knowingly and consciously continued to fail and refuse to take any of the necessary actions to remediate any existing violations, even though the Regulations mandate that it do so.
50. On information and belief, Plaintiffs allege that Owasso

396 CARDOZO ARTS & ENTERTAINMENT [Vol. 15:371
has failed to comply with each of the three (3) parts of the test for determining the equal opportunity to participate in athletics under Title IX described in Paragraph 39 above. In particular, on information and belief, Plaintiffs allege that:
(1) The ratio of female to male athletes at Owasso is not substantially proportionate to the overall ratio of female to male students at Owasso.
(2) Owasso does not have a history or continuing practice of program expansion.
(3) Owasso has failed to effectively accommodate the interests of the female students.
51. Female students have historically been, and continue to be, underrepresented in Owasso's interscholastic and other schoolsponsored athletic programs. Despite this underrepresentation and despite the interest and abilities of the female students to participate in additional sports (such as volleyball), Owasso has failed to accommodate this and other interests.
52. Owasso's conduct has persisted despite the information provided and the requests made by Plaintiffs and despite the mandates of the Regulations, particularly 34 C.F.R. §§ 106.3(a) and 106.41 (d).
53. Owasso's conduct violates 20 U.S.C. § 1681 et seq., as interpreted by 34 C.F.R. §§ 106.31 and 106.41 and the Policy Interpretation thereof.
54. As a result of Owasso's conduct, the named Plaintiffs have incurred extensive damages, including, among other things, (1) the actual out-of-pocket costs incurred in paying for their daughters to participate in athletics when boys who are similarly situated would not have to pay, (2) the damages associated with their daughters' lost opportunities to participate in athletics, (3) the damages associated with their daughters' reduced opportunities to obtain college scholarships, and (4) the emotional distress and other damages resulting from their daughters' being subjected to unequal treatment and benefits in athletics on the basis of gender.
SECOND CLAIM FOR RELIEF: TITLE IX
(UNEQUAL TREATMENT AND BENEFITS)
(CIASS ACTION AGAINST OWASSO ONLY)
55. Plaintiffs reallege and incorporate herein by this reference paragraphs I through 55 inclusive of this Complaint.
56. Owasso, by its conduct, has intentionally violated Title IX

1997]

GENDER EQUI1Y IN ATHLETICS

397

by knowingly and deliberately discriminating against female students, including the daughters of Plaintiffs, by, among other things, failing to provide female athletes at Owasso with the same treatment and benefits which are comparable overall to the treatment and benefits provided to male athletes.
57. Many of the named plaintiffs have on numerous occasions informed Owasso that its actions constitute violations of Plaintiffs' daughters' Title IX rights, as do their failure and refusal to take actions to remediate any existing violations. Despite being provided this information, Owasso continues to refuse to remediate its violations of Title IX. [Of course the petitioners must research this issue in order to back up this allegation.]
58. On information and belief, Plaintiffs allege that Owasso has failed to comply with Title IX by failing to provide female athletes with comparable treatment and benefits including, but not limited to, the following areas: [This is the opportunity to lay out the most glaring of the violations.]
(1) Owasso funds interscholastic and other school-sponsored athletics in a manner that discriminates against female athletes.
(2) Owasso provides male athletes with newer equipment and supplies that are of better quality than those provided to female athletes. Owasso also provides male athletes with newer uniforms of better quality on a more frequent basis than those provided to female athletes.
(3) Owasso unfairly discriminates against female athletes in the scheduling of their game and practice times. (a) Girls' varsity softball games are regularly scheduled in the early afternoon. In order to participate, team members must miss class, thus adversely affecting academic performance. Parents and other supporters find it difficult to attend. (b) The boys' baseball team practices during school, for credit. This is referred to as "6th hour credit." In fact, 6th hour credit scheduling generally discriminates against female athletes. (c) Basketball games are scheduled in a manner which unfairly discriminates against female athletes.
(4) Female athletes are discriminated against in regard to travel, both to away games and to practice sites.
(5) Female athletes have fewer opportunities to receive coaching because several of Owasso's female teams have fewer coaches and more players per coach than the male teams. Moreover, Owasso has permitted the use ofvolun-

398 CARDOZO ARTS & ENTERTAINMENT [Vol. 15:371
teer coaches in a manner which discriminates against female athletes. (6) Owasso selects coaches for female athletic teams with less care and attention than for male athletic teams. As a result, the coaches of the female athletic teams often have less expertise than the coaches of the male athletic teams. (7) Owasso co~pensates coaches for the girls' and boys' teams in a manner which discriminates against female athletes. (8) Owasso recently spent a large sum of money to quild a new football stadium. Owasso has not spent any comparable sums of money to build or renovate any of the girls' athletic facilities. In fact, Owasso has consistently claimed that they could not put money into the girls' athletics because of budgetary constraints. (9) Owasso has plans to build an indoor practice facility for baseball which will not adequately provide equal benefits to girls softball. (10) Owasso has constructed a high quality baseball stadium complete with press box, scoreboard, dugouts, lights, sod infield, sprinkler system, and bleachers. Although land is available on campus, Owasso has refused to provide any comparable girls' softball facility. (11) The provision of medical and training facilities and services are inequitable in that the male athletes have superior access to these facilities and services, while the female athletes have very limited access to these facilities and services. (12) Owasso consistently provides less publicity for its female athletic teams than for its male athletic teams. Owasso also provides substantially more support for the male teams than the female teams in that the school band plays at the male athletic contests but not at the female athletic contests, and male athletics are advertised more aggressively than female athletics.
59. The gross imbalance in the treatment of female and male athletes at Owasso, as detailed above, demonstrates Owasso's intentional and conscious failure to comply with Title IX.
60. Owasso's conduct has persisted despite the information provided by and the requests made by Plaintiffs and despite the mandates of the Regulations, particularly 34 C.F.R §§ 106.3(a) and 106.41 (d), and the Policy Interpretation.
61. Owasso's conduct violates 20 U.S.C. § 1681 et seq., as interpreted by 34 C.F.R. §§ 106.31 and 106.41 and the Policy Interpretation thereof.

1997]

GENDER EQUI1Y IN ATHLETICS

399

THIRD CLAIM FOR RELIEF: EQUAL PROTECTION
(CLASS ACTION AGAINST ALL DEFENDANTS)

62. Plaintiffs reallege and incorporate herein by this reference paragraphs 1 through 62 inclusive of this Complaint.
63. Defendants, by their (1) failure to provide equal athletic opportunities for female students and (2) failure to provide female athletes with the same treatment and benefits as the male athletes (as detailed above), have purposely discriminated against female students, including the daughters of the named Plaintiffs, on the basis of gender, and have intentionally ~eprived them of their rights to equal protection secured by the Fourteenth Amendment to the United States Constitution.
64. Defendant Johnson, as Superintendent of Schools at Owasso, has consistently refused to sponsor additional participation opportunities for female athletes. For example, Mr. Johnson has failed and refused to endorse girls' volleyball as an interscholastic sport at Owasso, despite the requests of parents and students that he do so. Mr. Johnson has failed and refused to remedy the unequal treatment and benefits received by Owasso's female athletes-despite the numerous complaints of the named Plaintiffs and other parents and athletes. Therefore, Mr. Johnson's actions constitute a knowing disregard for Plaintiffs' daughters' constitutional rights.
65. Defendant Dossett, as Principal at Owasso High School, has consistently refused to sponsor additional participation opportunities for female athletes. For example, Mr. Dossett has failed and refused to endorse girls' volleyball as an interscholastic sport at Owasso, despite the requests of parents and students that he do so. Mr. Dossett has also failed and refused to remedy the unequal treatment and benefits received by Owasso's female athletes-despite the numerous complaints of the named Plaintiffs and other parents and athletes. Therefore, Mr. Dossett's actions constitute a knowing disregard for Plaintiffs' daughters' constitutional rights.
66. Defendant Scott, as Athletic Director at Owasso High School, has failed and refused to sponsor additional participation opportunities for female athletes. For example, Mr. Scott has failed and refused to endorse girls' volleyball as an interscholastic sport at Owasso, despite the requests of parents and students that he do so. Mr. Scott has also failed and refused to remedy the unequal treatment and benefits received by Owasso's female athletesdespite the numerous complaints of the named Plaintiffs and other

400 CARDOZO ARTS & ENTERTAINMENT [Vol. 15:371
parents and athletes. Therefore, Mr. Scott's actions constitute a knowing disregard for Plaintiffs' daughters' constitutional rights.
67. Section 1983 of Title 42 of the United States Code provides, in part:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. . . .
68. When Defendants engaged in the improper actions described above, they were acting under color of law for purposes of the Equal Protection Clause of the United States Constitution and 42 U.S.C. § 1983. Under this section, each of the individual Defendants is liable on an individual basis for his violation of the Plaintiffs' daughters' constitutional rights under the Fourteenth Amendment.
RELIEF REQUESTED
WHEREFORE, on each of their claims, Plaintiffs respectfully pray that this Court:
A. Certify this action as a class action for declaratory and injunctive relief on behalf of all present and future female students at Owasso who participate, seek to participate, or are deterred from participating in interscholastic and/or other school-sponsored athletics at Owasso.
B. Enter an order declaring that Defendants have engaged in a past and continuing pattern and practice of discrimination against female students on the basis of gender in violation of Title IX and the regulations promulgated thereunder (including both unequal participation opportunities and unequal treatment and benefits), and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

1997]

GENDER EQUI1Y IN ATHLETICS

401

C. Issue a permanent injunction (a) restraining Defendants and their officers, agents, employees, successors, and any other persons acting in concert with them, from continuing to maintain practices and policies of discrimination against female students on the basis of gender, and (b) requiring Defendants, immediately upon issuance of the injunctive order, to adopt and implement a budget and plan which corrects and remediates Defendants' violation of Title IX and the Fourteenth Amendment. Such a plan should include, among other things, (1) allowing female students the equal opportunity to participate in interscholastic and other school-sponsored athletics, including a girls' volleyball team for the 1996 fall season and (2) providing female athletes with treatment and benefits comparable to those provided to male athletes.
D. Grant an .expedited hearing and ruling on the permanent injunction requested in C above.
E. Award the named Plaintiffs monetary relief as permitted by Title IX, 42 U.S.C. § 1983, and other applicable law, including but not limited to, (1) the actual out-of-pocket costs incurred in paying for equipment and supplies for their daughters to participate in interscholastic and other schoolsponsored athletics which would not be incurred by parents of boys similarly situated, (2) the damages associated with their daughters' lost opportunities to play interscholastic and other school-sponsored athletics, (3) the damages associated with their daughters' reduced opportunities to obtain college athletic scholarships, and (4) the emotional distress and other damages resulting from their being subjected to unequal treatment and benefits in athletics on the basis of gender.
F. Award Plaintiffs their reasonable attorneys' fees and costs pursuant to 42 U.S.C. § 1988.
G. Order such other and further relief as the Court deems appropriate.

402 CARDOZO ARTS & ENTERTAINMENT [Vol. 15:371
H. Designate that the trial take place before the U.S. District Court in Tulsa, Oklahoma.
Dated:- - - - - - -
NICHOLS, NICHOLS &: KENNEDY
BY: SAMUEL]. SCHILLER, OBA #016067 2506-A East 21st Street Tulsa, Oklahoma 74114 (918) 744-4407 Attorney for Plaintiffs
PROFESSOR RAY YASSER, OBA #009944 University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104 (918) 631-2442 Attorney for Plaintiffs
OF COUNSEL: DEBORAH BRAKE, ESQ. JUDITH C. APPELBAUM, ESQ. National Women's Law Center 11 DuPont Circle, Suite 800 Washington, DC 20036 (202) 588-5180
V. THE END OF THE BEGINNING Although this Article ends with the filing of the complaints, the beginning of the struggle for gender equity in interscholastic athletics in Oklahoma has reallyjust begun. The ultimate outcome of our litigation has yet to be decided, but we are confident that the groundwork is laid for significant reform. In a subsequent Article, we will consider the structure subsequently built on this foundation.

 
 19971

Yasser and Schiller: Gender Equity in Interscholastic Sports: A Case Study GENDER EQUI7Y IN INTERSCHOLASTIC SPORTS

Gender Equity in Interscholastic Sports: A Case Study by Ray Yasser & Samuel J. Schiller 33 Tulsa L. J. 273 (1997).
http://digitalcommons.law.utulsa.edu/tlr/vol33/iss1/13

What follows is the actual Consent Decree we hammered out after intensive negotiations. Our comments and observations are in brackets.
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA
RON RANDOLPH, as parent and next friend of his minor daughter, AMANDA M. (MIMI) RANDOLPH; COY E. & CANDACE L. BROWN, as parents and next
25. See, e.g., Cohen v. Brown University, 991 F.2d 888 (1st Cir. 1993); Favia v. Indiana Univ. of Penn., 7 F.3d 332 (3rd Cir. 1993); Haffer v. Temple Univ., 678 F. Supp. 517 (E.D. Pa. 1987); Ridgeway v. Montana High Sch. Ass'n, 633 F. Supp. 1564 (D. Mont. 1986), aff d, 858 F.2d 579 (9th Cir. 1988); Bucha v. Illinois High Sch. Ass'n, 351 F. Supp. 69 (N.D. Ill. 1982); and Leffel v. Wisconsin Interscholastic Athletic Ass'n, 444 F. Supp. 1117 (E.D. Wis. 1978).

Published by TU Law Digital Commons, 1997

5

Tulsa Law Review, Vol. 33 [1997], Iss. 1, Art. 13

TULSA LAW JOURNAL

[Vol. 33:273

friend of their minor daughter, HAYLEY E. BROWN; ROBERT C. & SUSAN J. PARKER,
as parents and next friend of their minor daughter, SARAH J. PARKER, ROBERT C. & SUSAN J. PARKER, as parents and next friend of their minor daughter, REBEKAH S. PARKER; ROBERT F. & VICKI L. RANDOLPH, JR., as parents and next friend of their minor daughter, TERI JO RANDOLPH; JIM & KAY PIGG, as parents and next friend of their minor daughter, MELISA PIGG; TOM & BECKY MARTIN, as parents and next friend of their minor daughter, SHERA MAE MARTIN; and on behalf of all others similarly situated,

CONSENT DECREE

Plaintiffs,

Case No. 96-CV-0105K

OWASSO INDEPENDENT SCHOOL DISTRICT NO. 1-001, a/ka OWASSO PUBLIC SCHOOLS; DALE JOHNSON, individually and in his official capacity as Superintendent; RICK DOSSETT, individually and in his official capacity as Principal; JOHN SCOTT, individually and in his official capacity as Athletic Director; and Does 1 through 50,

CLASS ACTION

Defendants.

http://digitalcommons.law.utulsa.edu/tlr/vol33/iss1/13

6

1997]

Yasser and Schiller: Gender Equity in Interscholastic Sports: A Case Study GENDER EQUITY IN INTERSCHOLASTIC SPORTS

THE CONSENT DECREE
This Consent Decree is entered by the Court based upon an agreement between the above captioned Plaintiffs individually and in their capacity as representatives of a class of individuals described as, "[A]ll present and future female students enrolled at Owasso Public Schools who participate, seek to participate, or are deterred from participating in interscholastic and other school-sponsored athletics at Owasso Public Schools" ("the Class") and Defendants Owasso Independent School District No. I-011 ("Owasso" or "District"), Dale Johnson, Rick Dossett and John Scott. No John Doe defendants were named during the course of the litigation and no additional defendants will be named as parties to this case.
[IT SHOULD BE NOTED THAT THE DEFINITION OF OUR CLASS WAS CAREFULLY CRAFTED TO BROADLY DESCRIBE THE PROTECTED GROUP. WE PERSUADED OWASSO THAT IT SERVED THE INTERESTS OF THE DISTRICT TO AGREE TO THIS BROAD DEFINITION. THE BROAD DEFINITION WOULD INSULATE OWASSO FROM SUITS BROUGHT BY NON-CLASS MEMBERS. IT ALSO ALLOWED US TO ADDRESS ALL OF THE GENDER-RELATED ATHLETIC ISSUES. THIS TYPE OF LITIGATION IS REPRESENTATIVE OF CIVIL RIGHTS LITIGATION WHERE THE INTERESTS OF BOTH CITIZENS AND THE GOVERNMENT ARE BEST SERVED BY A GENEROUSLY DEFINED CLASS.
IN THE ORIGINAL COMPLAINT, WE LEFT ROOM TO NAME ADDITIONAL DEFENDANTS BY SUING "JOHN DOE." THIS WAS USEFUL BECAUSE IT KEPT OPEN THE OPTION OF NAMING OTHER INDIVIDUALS, SHOULD THE NEED ARISE. WHILE WE CAME CLOSE IN A NUMBER OF INSTANCES, WE NEVER NAMED ADDMONAL DEFENDANTS.]
This Consent Decree settles each of the claims stated in the Complaint in the captioned case alleging gender discrimination and also resolves all claims asserted against individuals who were named in their official and individual capacities. With the Court's approval of this Consent Decree, and upon Defendants' compliance with its terms, all claims in this action will be dismissed with prejudice. The term Claims as used in this Consent Decree means all claims asserted in the complaint or all claims which could have been asserted through the date of this Consent Decree.
[UNDERSTANDABLY, THE DISMISSAL OF THE DAMAGES CLAIMS WAS EXTREMELY SIGNIFICANT FROM THE DEFENDANTS' PERSPECTIVE. WHILE WE HAD VERY SOLID GROUNDS TO PURSUE ALL OF THE DAMAGES CLAIMS, THE FOCUS OF THE SUIT WAS TO FiX THE ENTIRE SYSTEM. THE DISMISSAL OF THE DAMAGES CLAIMS HELPED TO MOVE OWASSO TOWARDS COMPROMISE, CONCILIATION AND COMPLIANCE.]

I. PRELIMINARY STATEMENT
The parties have jointly agreed, through their designated representatives, that the interests of the District's students (male and female) are best served by reaching agreement regarding the manner in which the District will comply with

Published by TU Law Digital Commons, 1997

7

Tulsa Law Review, Vol. 33 [1997], Iss. 1, Art. 13

TULSA LAW JOURNAL

[Vol. 33:273

Title IX. The parties concur that increasing participation options, combined with affording equal treatment and benefits to female students, is essential to Title IX compliance. This can best be achieved by a cooperative effort joining Title IX's mandatory requirements with the parties' genuine dedication to designing an athletic program that enhances the benefits of athletic involvement for female students.
The parties believe that through the reaffimnation of the mandatory requirements of Title IX, implementation of a plan for achieving compliance with Title IX's requirements related to athletic programs, and adoption of a procedure for encouraging the expression of comments or grievances involving questions relating to the District's athletic programs, the parties will achieve a model Title IX compliance plan.
Accordingly, the parties have approved this Consent Decree with the purpose of desiring to stimulate and accommodate the interest and participation of female students in athletics. It is hoped that the actions, to which the parties jointly agree, will lead other public schools to review their sports programs with the goal of providing increased opportunities for female participation on sports combined with treatment and benefits that are not differentiated in practice or philosophy on the basis of gender.
This Consent Decree applies to the members of the Class as described in the opening paragraph of this Decree.
[THE PRELIMINARY STATEMENT IS ILLUSTRATIVE OF THE "HIGH ROAD" THE PARTIES MANAGED TO TRAVEL AFTER SOME SIGNIFICANT DISAGREEMENT AT
THE OUTSET. OWASSO EVEN AGREED TO TRY TO CREATE AN INTERSCHOLASTIC
SPORTS SYSTEM WHICH WOULD SERVE AS A MODEL AND INSPIRATION TO OTHER DISTRICTS. IN REALITY, BOTH SIDES AGREED THAT THE CREATION OFA TRULY GENDER-NEUTRAL PROGRAM WOULD BE GOOD FOR THE COMMUNITY. THE PRELIMINARY STATEMENT IS CERTAINLY MARKED BY ITS UPBEAT A7TITUDE.]

11. GENERAL PRINCIPLES
Owasso agrees to comply with the general mandates of Title IX, its Regulations, and its Interpretive Guidance.' Title IX prohibits gender-based discrimination by educational institutions receiving federal financial support. Special attention is afforded the area of participation opportunities and accommodation of athletic interests. Female students must have ample opportunities to participate in sports. Furthermore, the interests of female students must be effectively accommodated. Accommodation of interests may be accomplished through the installation of new sports or through the addition of appropriate

26. Footnote 1 of the Consent Decree: Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et. seq. (1988); OCR Regulations "Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving or Benefit-
ing from Federal Financial Assistance." 34 C.F.R. § 106 (1994); and Related Policy Guidance.

http://digitalcommons.law.utulsa.edu/tlr/vol33/iss1/13

8

1997]

Yasser and Schiller: Gender Equity in Interscholastic Sports: A Case Study GENDER EQUITY IN INTERSCHOLASTIC SPORTS

levels of teams in connection with existing sports. A second prong of Title IX mandates equality in treatment and benefits
afforded to female and male students who participate in sports. The District's obligation if to be responsive to the expressed interest of female students in the District and to avoid discrimination against female students in treatment and the provision of benefits.
The District is not required to have or maintain an athletic program. However, when it does maintain such a program, the program must be gender neutral. Treatment and benefits for secondary public schools, as distinguished from colleges and universities, involve the following program components: 1. Funding of interscholastic and other school-sponsored sports programs; 2. Equipment and supplies; 3. Uniforms; 4. Scheduling of games and practice times; 5. Opportunity to receive competent coaching and the assignment and com-
pensation of coaches; 6. Provision of locker rooms, practice facilities, and competitive facilities; 7. Provision of medical and training facilities and services; 8. Provision of publicity; 9. Provision of support services.
The above is a brief review of Title IX as it relates to public school athletic programs. It is not intended to be comprehensive or dispositive of schools' obligations or individual rights or responsibilities. It is, however, the statutory and decisional framework upon which this Consent Decree has been considered and reached.
In some areas the parties have agreed to actions which are designed to provide information which will guide future decisions related to female student participation opportunities. In other areas the parties have agreed that particular practices should be immediately altered in order to assure compliance with Title IX and its Regulations.
Accordingly, the District agrees to take specific actions to insure that the mandates of Title IX are met. The District also agrees to institute a periodic survey of student interest to insure that female student participation interest and opportunities are identified and, when appropriate, responded to. The District agrees that its discrimination grievance procedure, as amended, shall be available to students and employees who believe that Title IX's requirements related to public school athletic programs have not been adhered to.
[THE "GENERAL PRINCIPLES" SECTION IS SELF-EXPLANATORY. INDEED, IT IS HARD TO IMAGINE ANY BASIS FOR A SCHOOL DISTRICT TO OBJECT TO WHAT IS ESSENTIALLY AN AGREEMENT TO ABIDE BY FEDERAL LAW. THE SPECIFIC AGREEMENT TO CONDUCT PERIODIC SURVEYS REFLECTS THE FACT THAT OWASSO SIMPLY HAD NEVER PREVIOUSLY DONE SO EVEN THOUGH SUCH SURVEYS ARE CLEARLY CONTEMPLATED BY TITLE IX. THIS IS ALSO TRUE OF THE AGREEMENT TO INSTITUTE A GRIEVANCE PROCEDURE. BUT IT SHOULD BE
NOTED THAT AN ATTEMPT WAS MADE TO CRAFT A DECREE WHICH WOULD
PROVIDE A BLUEPRINT FOR COMPLIANCE. IT IS ESSENTIALLY A FORWARD-

Published by TU Law Digital Commons, 1997

9

Tulsa Law Review, Vol. 33 [1997], Iss. 1, Art. 13

TULSA LAW JOURNAL

[Vol. 33:273

LOOKING DOCUMENT. OUR GOAL WAS TO FIX A SYSTEM, AND NOT TO DOCUMENT NON-COMPLIANCE, OR TO FORCE ADMISSIONS OF LIABILITY.]

A. Participation
1. Owasso shall conduct a student interest survey during the last quarter of the school year, as further set out below, for the purpose of ascertaining the level of interest in existing sports or in sports which are not currently offered by the District. The student interest survey shall be conducted during the 199697 and 1997-98 school years and every other year thereafter. The District shall consider the results of the survey, along with the opportunity for competition which realistically exists, in determining whether to add female teams to existing sports, add new female interscholastic sports, or add female intramural sports. When interscholastic competition is available and warranted by the numbers of students participating in a sport, the District shall make reasonable effort to insure that the maximum number of competitive opportunities are available to female participants. When the maximum available games are not played, the coach shall document any reason(s) for not completing a full schedule of competition opportunities.
[THIS PROVISION, LIKE MANY OTHERS, WAS THE PRODUCTOF LENGTHY NEGOTIATIONS. THE PERIODIC SURVEY REQUIREMENTS (ONCE A YEAR FOR TWO YEARS, THEN EVERY OTHER YEAR) WERE A PRODUCTOF COMPROMISE. WHILE WE WANTED TO MAKE SURE THAT THE DISTRICT CONDUCTED REGULAR SURVEYS, WE REALLY DID NOT WANT TO EITHER OVER-BURDEN THE DISTRICT OR MICROMANAGE THEIR SPORTS PROGRAMS. EARLY ON IN THE NEGOTIATIONS WE RECOGNIZED THAT INTERSCHOLASTIC OPPORTUNITIES ARE SOMETIMES LIMITED BY THE FACT THAT THERE MAY NOT BE OTHER SCHOOLS TO COMPETE AGAINST. THAT IS WHY WE AGREED TO ADD INTRAMURAL ALTERNATIVES. THE GOAL HERE IS FOR THE DISTRICT TO DO WHAT IS REASONABLE, AND NOT TO FORCE IT TO ACCOMPLISH THE IMPOSSIBLE.
WE DID ENCOUNTER AN AREA OF CONCERN IN THE DISTRICT WITH COACHES WHO DID NOT ACTIVELY SEEK COMPETITION OPPORTUNITIES FOR GIRLS TEAMS. THE LAST SENTENCE OF THIS PARAGRAPH ADDRESSES THIS PROBLEM. AGAIN, WE DIDN'T FEEL THE NEED TO DOCUMENT OR PROVE THE EXISTENCE OF THE PROBLEM; WE DID FEEL THAT IT WAS APPROPRIATE, HOWEVER, TO ADDRESS IT.]
2. Owasso currently sponsors a varsity and junior varsity female softball team. It shall consider the addition of a freshman team in future years. The establishment of interscholastic and other school-sponsored teams shall be based on the level of demonstrated interest in softball, on the results of the student interest survey, and on related factors, as expressed herein, that show interest in sports participation.
[GIRLS SOFTBALL IS BOOMING IN OWASSO. IN FACT, THE YEAR BEFORE THE CONSENT DECREE, THE OWASSO GIRLS WON THE STATE CHAMPIONSHIP. MORE AND MORE GIRLS ARE SHOWING INTEREST IN PLAYING SOFTBALL. WE WANTED OWASSO TO SERIOUSLY CONSIDER THE EFFICACY OF ADDING A FRESHMAN TEAM. WHEN IT COMES TO EVALUATING OPPORTUNITIES FOR

http://digitalcommons.law.utulsa.edu/tlr/vol33/iss1/13

10

1997]

Yasser and Schiller: Gender Equity in Interscholastic Sports: A Case Study GENDER EQUITY IN INTERSCHOLASTIC SPORTS

GIRLS TO PLAY SPORTS, OFTEN WHAT'S LACKING IS NOT JUST THE NUMBER OF SPORTS OFFERED, BUT THE LEVEL OF OPPORTUNITIES OFFERED WITHIN A
PARTICULAR SPORT. FOR EXAMPLE, IF 25 FRESHMAN GIRLS TRY OUT FOR
SOFTBALL AND OWASSO ONLY OFFERS JUNIOR VARSITY OR VARSITY TEAMS, THEN INEVITABLY A NUMBER OF GIRLS WILL BE "CUT" AND DENIED THE OPPORTUNITY TO PLAY THE SPORT. WE ATTEMPTED TO ADDRESS THIS "LEVELS OF PLAY" PROBLEM THROUGHOUT THE DECREE.]
3. The reference in this consent decree to "intramural" opportunities refers to the provision of intra school competitive sports opportunities based on student interest in the areas of softball, volleyball, and tennis. The District may consider, in establishing intramural opportunities, the availability of coaches, facilities and volunteers. Owasso shall initiate its intramural plan effective with the 1997-98 school year. It shall make reasonable effort to have some intramural opportunities available for middle school (7th and 8th grade) students in the Spring of 1997. Both parties acknowledge that the District's intramural opportunities do not require the District to provide softball fields, volleyball courts or other arenas of competition which are the same as or equal to those provided in connection with interscholastic sports. Similarly, the District is not required to utilize paid coaches to staff its intramural program. Intramural activities shall be scheduled seasonally during each school year. Intramural sports activities, involving the middle school, may be discontinued, as to any sport, at such time as the District provides interscholastic competition.
[WE BELIEVED THAT INTRAMURAL OPPORTUNITIES WERE DESIRABLE, PARTICULARLY WHEN INTERSCHOLASTIC OPPORTUNITIESARE LIMITED BY THE LACK OF COMPETITORS. IN ORDER TO BUILD INTEREST AND ULTIMATELY TO PROVIDE INTERSCHOLASTIC COMPETITION, INTRAMURAL OPPORTUNITIES CONSTITUTED A VIABLE FIRST-STEP ALTERNATIVE. WE AGREED TO THE PROVISION OF THIS ALTERNATIVE AT A RELATIVELY LOW COST ,(HENCE THE STATEMENTS ABOUT UNPAID COACHES AND THE LACK OF A REQUIREMENT TO BUILD FACILITIES) TO COUNTER OWASSO'S OBJECTIONS TO THE PLAN ON FINANCIAL GROUNDS.]
4. Owasso has previously initiated plans to include volleyball as a new sport available to female students at the secondary level (grades 9-12). The sport shall begin with the 1996-97 school year and the District shall sponsor a varsity and junior varsity team. During the 1996-97 school year the District will consider the active interest in volleyball as revealed by the number of students who try out for volleyball and who actively participate during the season, the level or community support for volleyball as evidenced by volleyball activity in the surrounding community, the responses received from female students as documented by the student interest survey, the comments of coaches and similar information in determining whether to add additional teams in volleyball and whether to extend volleyball to the middle school level for the 1997-98 school year.
[IT MEANT A LOT TO THE DISTRICT FOR US TO AGREE TO LANGUAGE WHICH CONFORMED TO THEIR CONTENTION THAT THEY HAD "PREVIOUSLY INITIATED PLANS TO INCLUDE VOLLEYBALL AS A NEW SPORT," THOUGH IN REALITY WE BELIEVED THESE "PLANS" TO BE INCHOATE'AND INDEFINITE. SINCE WE

Published by TU Law Digital Commons, 1997

11

Tulsa Law Review, Vol. 33 [1997], Iss. 1, Art. 13

TULSA LAW JOURNAL

[Vol. 33:273

WANTED THE DECREE TO BE FORWARD-LOOKING, WE DIDN'T QUIBBLE WITH THAT PROFESSED COMMITMENT TO ADDING VOLLEYBALL. WE WERE, HOWEVER, CLEARLY INTERESTED IN INSURING THAT IT WOULD BE OFFERED IN THE NEXT SCHOOL YEAR.]
5. In connection with any interscholastic sport offered to females, if a sufficient number of females are "cut" from any existing team, Owasso shall make a good faith effort to establish a new team at the appropriate level of athletic performance, in order to accommodate the participation interest of cut players. Owasso shall make a good faith effort to provide a meaningful competitive schedule or other competitive outlet for females who have shown interest in participation but who have been "cut" from a team. For example, Owasso may provide intramural opportunities, as described in paragraph 3 above, to meet these obligations. The term "cut" as used in this Consent Decree means that a female student is removed from a team roster by the team's coach due to perceived lack of skill of the student as compared to other members of the team.
[WE WORKED LONG AND HARD ON THIS "NO-CUT" PROVISION. IF GIRLS ARE TO BE PROVIDED INCREASED OPPORTUNITIES TO PARTICIPATE IN SPORTS, OPPORTUNITIESMUST BE PROVIDED TO GIRLS WHO, EARLY ON, DON'T "MAKE THE CUT." IN OWASSO, IT WAS COMMONPLACE FOR THE DISTRICT TO CREATE NEW TEAMS (EITHER AT THE FRESHMAN LEVEL, THE JUNIOR VARSITY LEVEL OR SOMETIMES AN "ALL SOPHOMORE" TEAM) TO ACCOMMODATE THE INTERESTS OF BOYS. WE BELIEVED THAT IT WAS IMPORTANT FOR GIRLS TO ENJOY THE SAME LEVELS OF ACCOMMODATION. THE "NO-CUT" LANGUAGE IS BORROWED FROM THE STANDARD "NO-CUT" CLAUSE THAT APPEARS IN PROFESSIONAL SPORTS CONTRACTS.]
6. Owasso shall make reasonable effort to expand participation opportunities for female students at the middle school level. Owasso's middle school consists of 7th and 8th grade students. This effort shall involve a study conducted during the 1996-97 school year to ascertain the opportunities for sports participation available to girls as compared with boys. The District shall establish a plan, effective for the 1997-98 school year, that will, at the middle school level, provide equal opportunity for girls who desire to participate in school-sponsored sports. This shall take into consideration the reasonable interscholastic competitive opportunities available at the middle school level and intramural opportunities as provided for in this Consent Decree. The District's plan may, at its option, provide for the elimination of school-sponsored middle school sports.
[WE BELIEVE THAT THIS DECREE IS THE FIRST IN THE COUNTRY TO ADDRESS TITLE IX PROBLEMS AT THE MIDDLE SCHOOL LEVEL. AS A POLICY MATTER, IT IS IMPORTANT TO PROVIDE COMPETITIVE OPPORTUNITIES TO YOUNG GIRLS IN ORDER TO PAVE THE WAY FOR LATER PARTICIPATION. IF OWASSO OFFERS COMPETITIVE OPPORTUNITIES FOR MIDDLE SCHOOL BOYS, SIMILAR OPPORTUNITIES SHOULD BE PROVIDED TO MIDDLE SCHOOL GIRLS. WE AGREED THAT OWASSO COULD CHOOSE TO ELIMINATE SCHOOL-SPONSORED MIDDLE SCHOOL SPORTS, WITH CONFIDENCETHAT IT WOULD NEVER CHOOSE TO DO SO.]
7. Owasso shall review all of its policies related to athletic participation

http://digitalcommons.law.utulsa.edu/tlr/vol33/iss1/13

12

1997]

Yasser and Schiller: Gender Equity in Interscholastic Sports: A Case Study GENDER EQUITY IN INTERSCHOLASTIC SPORTS

or participation in extracurricular activities which may impact the opportunity of a female student to participate in a sport or to participate in more than one sport. Policies shall be adopted to encourage and not discourage girls' sports participation at all levels. Whenever possible and feasible within the school schedule and the underlying requirements of an activity (whether athletic or non-athletic) reasonable effort shall be made to permit female students an opportunity to participate in one or more athletic activities and also participate in nonathletic activities. For example, cheerleader or pompon participants should not be excluded from participating in interscholastic or intramural sports by policies or practices which would require them to select one activity over the other for the entire academic year.
[OWASSO MAINTAINED POLICIES WHICH IT BELIEVED ENCOURAGED GIRLS TO PARTICIPATE IN CHEERLEADING AND "POM." WE FOUND THIS KIND OF STEERING OBJECTIONABLE. WHILE WE NEVER TOOK AN ANTI-CHEERLEADING POSITION, WE DID BELIEVE THAT POLICIES COULD BE FORMULATED WHICH DID NOT PRECLUDE COMPETITIVE ATHLETIC OPPORTUNITIES FOR GIRLS. FOR EXAMPLE, OWASSO PREVIOUSLY CHOSE ITS CHEERLEADING SQUAD FOR THE ENTIRE YEAR, AND CHEERLEADERS WERE ASKED NOT TO PARTICIPATE IN ACTIVITIES WHICH MIGHT CONFLICT WITH CHEERLEADING. IT WAS DIFFICULT, IF NOT IMPOSSIBLE, FOR A CHEERLEADER TO PLAY BASKETBALL. AN OPPORTUNITY-CREATING OPTION WOULD BE FOR OWASSO TO PICK ITS CHEERLEADERS SEASONALLY. IF THIS WERE THE CASE, A FOOTBALL CHEERLEADER COULD PLAY BASKETBALL AND A BASKETBALL CHEERLEADER COULD
PLAY SOCCER.]

B. Treatment and Benefits
1. Owasso places all revenue generated from its interscholastic sports programs into a central fund. The District shall continue this practice and revenue from all sources will be subject to the School District's normal accounting requirements. This includes gate receipts, concessions, advertising revenue, donations from boosters (in cash and in-kind) and any other revenue applied to Owasso's interscholastic and other school-sponsored athletic programs. The District shall maintain a written budget applicable to its anticipated expenditures which details all revenue and expenses in connection with interscholastic and other school-sponsored sports. Owasso shall fund its interscholastic and other school-sponsored sports programs in a manner which does not discriminate against female athletes.
[ONE OF THE LINCHPINS OF THE SETTLEMENT WAS OWASSO'S AGREEMENT TO COMMIT TO A BUDGETARY PROCESS WHICH WOULD ALLOW FOR A SPORT-BYSPORT EXAMINATION OF EXPENDITURES. OWASSO CONTENDED THAT IT HAD ALWAYS MAINTAINED SUCH A PROCESS. WHILE WE DIDN'T NECESSARILY AGREE THAT THEY HAD, WE WERE SATISFIED WITH THE DISTRICT'S FULL AGREEMENT TO A FINANCING PLAN WHICH WOULD PERMIT OVERSIGHT, WITHOUT HARPING ON WHAT WE BELIEVED TO BE HISTORIC SHORTCOMINGS. AGAIN, THIS TACTIC OF NOT EMPHASIZING PAST PROBLEMS SERVED EVERYONE'S INTERESTS WELL.]

Published by TU Law Digital Commons, 1997

13

Tulsa Law Review, Vol. 33 [1997], Iss. 1, Art. 13

TULSA LAW JOURNAL

[V/ol. 33:273

2. Owasso shall provide female athletes with comparable equipment and supplies (in terms of both quality and quantity) as provided male athletes and as are appropriate to the particular sport.
3. Owasso shall provide female athletes with comparable uniforms (in terms of both quality and quantity) as provided male athletes and as is appropriate to the particular sport.
4. Owasso has taken affirmative steps to eliminate any disparities relating to the scheduling of games and practice times. Sixth hour credit, when sixth hour credit exists, shall be offered equally to female and male sports participants. Sixth hour athletics can be addressed by Owasso in the following ways: Owasso's decision not to provide sixth hour athletics related to any schoolsponsored sports, an offer of sixth hour athletics to all student athletes who desire to enroll in sixth hour athletics, or rotation of sixth hour athletics in a manner that equally distributes opportunity to enroll in sixth hour athletics to all student athletes. In any event, by the beginning of the 1997-98 school year the District shall implement a procedure that shall insure that girls have equal access to sixth hour athletics. Basketball games shall be scheduled in a manner which provides males and females and equal opportunity to play at the most desirable game times. This may be accomplished, at the District's option, by alternating game times from one game night to the other or by alternating schedules from one year to the next to provide females with an opportunity to play games at the hour historically reserved to males' basketball teams. Likewise, soccer games shall also be scheduled in a manner which extends to females an opportunity to play the same number of games at the time considered the most desirable game time. Softball games may be scheduled even if they conflict with football games.
[ONE OF THE VAGARIES OF OKLAHOMA'S INTERSCHOLASTIC SPORTS PROGRAM IS THE PRACTICE OF WHAT WE CALL HERE "6TH HOUR CREDIT." WHILE THE NAME CHANGES FROM ONE DISTRICT TO ANOTHER, THE BASIC PRACTICE
REMAINS THE SAME: SCHOOL DISTRICTS IN OKLAHOMA REGULARLY BLOCK A PORTION OF THE SCHOOL DAY FOR ATHLETIC TEAM PRACTICE. (ONE MIGHT
WELL QUESTION THE ACADEMIC MERITS OF SUCH A PRACTICE, BUT IN OUR CONTEXT, THE POINT IS THAT "6TH HOUR CREDIT" WAS REGULARLY MADE MORE READILY AVAILABLE TO BOYS THAN GIRLS.) THE PROPOSAL AIMS TO ELIMINATE GENDER-BASED DISCRIMINATION IN REGARD TO THIS PRACTICE
WITHOUT TAKING A POSITION ON ITS EFFICACY.
OWASSO SCHEDULED GIRLS' VARSITY BASKETBALL AT 6:30 P.M. WITH
THE BOYS' GAME TO FOLLOW. SIMILARLY, GIRLS' SOCCER GAMES PRECEDED THE BOYS' GAMES. THE PROPOSED REFORM WILL END THIS SCHEDULING DISCRIMINATION. IT SHOULD BE POINTED OUT THAT THIS IS AN EXTREMELY HOT TOPIC, PARTICULARLY IN REGARD TO BASKETBALL. INDEED, WE HEARD COMMENTS FROM MANY QUARTERS THAT THE GIRLS PREFERRED THE EARLIER HOUR. BE THAT AS IT MAY, WE BELIEVE THAT TITLE IX DOES NOT PERMIT
THIS KIND OF GENDER-BASED SCHEDULING.
A THORN IN THE SIDE OF MANY SOFTBALL PARENTS WAS OWASSO'S
RULE WHICH PREVENTED OWASSO GIRLS FROM PLAYING SOFTBALL ON EVENINGS THAT THE FOOTBALL TEAM PLAYED. THIS RULE GREATLY IMPEDED SOFTBALL SCHEDULING. OWASSO AGREED TO REPEAL THE RULE.]

http://digitalcommons.law.utulsa.edu/tlr/vol33/iss1/13

14

1997]

Yasser and Schiller: Gender Equity in Interscholastic Sports: A Case Study GENDER EQUITY IN INTERSCHOLASTIC SPORTS

5. Female athletes shall be treated in the same manner as male athletes with respect to travel privileges and travel support. This means that females who have opportunities to participate in out-of-state tournaments shall be given the same consideration as males who have that opportunity. Likewise, both groups shall be treated in the same manner as to travel arrangements, housing, and meals. When females are presented with opportunities for out-of-state or overnight travel, the arrangements for travel shall be the same as those available to males in connection with the same or similar sports.
[THIS PROVISION WAS DESIGNED TO ADDRESS A PROBLEM PERCEIVED BY THE PARENTS OF FEMALE ATHLETES THAT THE BOYS' TEAMS REGULARLY RECEIVED SUPERIOR TRAVEL OPPORTUNITIES. FOR EXAMPLE, THE BOYS' BASEBALL TEAM ANNUALLY TRAVELED TO OUT OF STATE TOURNAMENTS. ADDITIONALLY, THE DISTRICT MAINTAINED A PRACTICE OF DISCOURAGING OVERNIGHT STAYS FOR GIRLS; THIS PROVISION REQUIRES GENDER NEUTRALITY IN CONNECTION WITH TRAVEL OPPORTUNIIES.]
6. Owasso shall make reasonable effort to insure that coaches are selected for female athletic teams in the same manner as they are selected for male athletic teams. The district shall adhere to relevant negotiated collective bargaining agreements related to the selection of personnel, shall advertise for coaches, and shall insure that salary applicable to coaching duties is gender neutral. The District shall make reasonable effort to advertise the position and seek the best qualified individual for the position when selecting a coach for female team sports as the District uses in selecting a coach for male team sports. Owasso shall allow utilization of volunteer coaches in the same manner for female team sports as for male team sports.
[A PERVASIVE AND SIGNIFICANT PROBLEM IN CONNECTION WITH GIRLS' ATH-
LETICS HAS TO DO WITH THE SELECTION OF COACHES. OVER AND OVER AGAIN, WE HEAR ACCOUNTS FROM VARIOUS SCHOOL DISTRICTS WHICH BEAR OUT OUR VIEW THAT MANY DISTRICTS SUBSCRIBE TO WHAT WE CALL THE
"HEY, YOU" SCHOOL OF HIRING. OFTEN, LITTLE CARE AND ATTENTION IS
OFTEN GIVEN TO THE HIRING PROCESS. ASSISTANT FOOTBALL COACHES ARE OFTEN UTILIZED AS GIRLS' COACHES IN WHAT APPEARS TO BE AN EFFORT TO PROVIDE THEM WITH AN ADDITIONAL EASY STIPEND. AN ADDITIONAL PROBLEM IN OWASSO WAS THE USE OF VOLUNTEER COACHES. THE FOOTBALL
TEAM BENEFITTED FROM A VOLUNTEER COACH (A FORMER NFL PLAYER)
WHILE GIRLS' SOCCER WAS TOLD THAT DISTRICT POLICY DID NOT ALLOW
VOLUNTEER COACHES.]
7. Owasso shall provide comparable athletic facilities for male and female athletes based on the sports offered, taking into consideration the nature and needs of the particular sport and the District's need to engage in long-term planning related to construction of new facilities or major renovation of existing facilities.
8. In regard to softball, for the 1996-97 school year, Owasso shall insure that the lights at the City Park are in working order, shall add portable bleachers, shall insure that a portable concession trailer is available for scheduled

Published by TU Law Digital Commons, 1997

15

Tulsa Law Review, Vol. 33 [1997], Iss. 1, Art. 13

TULSA LAW JOURNAL

[Vol. 33:273

games, shall ensure that sanitary'restrooms are maintained, and shall ensure the field is maintained and regularly mowed. This shall continue for as long as the City Park is used by the Owasso girls' softball teams.
9. Owasso shall construct an on-campus softball field which is comparable in quality to the existing baseball field. The on-campus softball field shall be made competition-ready, if possible, by August 1, 1997. The total commitment to a softball field shall be phased in over a three-year period or longer dependent upon the availability of revenues as discussed in paragraph 10 below. Phase I shall be completed by August 1, 1997, and shall include: dirt work, grade work, fences, infield dirt, sprinkler system, outfield grass, scoreboard (moved from prior location), temporary covered dugouts, portable bleachers, portable restrooms, and a portable concession trailer. If financially feasible lighting will be included in Phase I and, in any event, a priority in Phase II.
Phase II shall be completed on or before August 1, 1998, and shall include dugouts, press box, public address system, parking, flag pole and lighting (if not already completed). Phase HI shall be completed on or before August 1, 1999, and shall include a permanent concession and restroom facility. Owasso shall not construct a softball/baseball work-out facility until such time as it has completed the softball field provided for within this Consent Decree.
10. Owasso is a public school district. In order to obtain money to construct a softball field, and related facilities, it must pass a bond issue and access funds available through its building fund. Accordingly, the district shall commit to placing before eligible voters a spring 1997 bond issue which shall include a proposition for a softball field. Additionally, the District shall commit, for the school year 1996-97, Seventy-five Thousand Dollars ($75,000) from its building fund toward the construction of a softball field to be located on the high school campus. The district shall continue to present bond issues, when feasible, to its voters until such time as all phases of the softball field are complete. The District is dependent, absent an infusion of funds from outside the school district, on its ability to pass bond issues in order to fund the construction of a softball field. If funds are not available to complete the softball field, due to voters' failure to pass one or more bond issues proposing the construction of the softball field, in accordance with the phases for construction laid out in paragraph 9 above, the District shall, notwithstanding failure of a bond issue, commit a minimum of $75,000 per year from the District's building fund until all phases are completed.
11. Softball parents and students are committed to raising, through their own fund raising activities, monies to be dedicated to the completion of the softball field. Accordingly, Owasso shall match up to $5,000 of fund privately raised by softball parents and students during each year of construction of the softball field. Moreover, if more than $5,000 is privately raised in any year Owasso shall seriously consider matching such additional amount, taking into account budgetary constraints. These funds shall be utilized exclusively for the construction of the softball field as described in paragraph 9 above.
12. During the period prior to completion of the softball field, Owasso

http://digitalcommons.law.utulsa.edu/tlr/vol33/iss1/13

16

19971

Yasser and Schiller: Gender Equity in Interscholastic Sports: A Case Study GENDER EQUITY IN INTERSCHOLASTIC SPORTS

shall continue to make available the use to the City Park to the softball team.
[PARAGRAPHS 8 THROUGH 12 DEAL WITH GIRLS' SOFTBALL IN OWASSO. IN
TRUTH, THE DRIVING FORCE BEHIND THE SUIT WAS THE INTENSE FRUSTRATION OF SOFTBALL PARENTS. IT IS NOT SURPRISING THEREFORE THAT SO MUCH TIME AND ATTENTION WAS SPENT IN ADDRESSING THESE PROBLEMS. THE SOFTBALL PORTION OF THE DECREE IS THE HEART OF THE SETTLEMENT; IT REPRESENTS THE MOST TANGIBLE BENEFIT OF THE LAWSUIT. FROM THE PLAINTIFFS' PERSPECTIVE, THE CONSTRUCTION OF A QUALITY SOFTBALL FIELD WILL BE THE MOST VISIBLE SYMBOL OF THE SUCCESS OF THEIR EFFORTS.
PARAGRAPH 8 DEALS SPECIFICALLY WITH THE CITY PARK FIELD THAT THE GIRLS WILL CONTINUE TO UTILIZE UNTIL THE NEW FIELD IS COMPLETED. PARAGRAPH 9 IS THE PRODUCT OF EXTENSIVE NEGOTIATIONS, AND IT DOVETAILS WITH PARAGRAPH 10, WHICH DEALS WITH FUNDING. WE DID NOT WANT THE NEW FIELD CONSTRUCTION TO DEPEND ON THE PASSAGE OF A BOND. (IN FACT, AFTER THE CONSENT DECREE WAS ENTERED, OWASSO FLOATED A BOND TO FUND FIELD CONSTRUCTION AND IT WAS DEFEATED.) PARAGRAPH 10 COMMITS THE DISTRICT TO BUILDING A FIELD, IN PHASES, IRRESPECTIVE
OF THE AVAILABILITY OF BOND MONEY. PARAGRAPH 11 WAS AGREED TO AT A
SETTLEMENT CONFERENCE; IT IS DESIGNED TO PROVIDE INCENTIVES FOR FUND RAISING BY SOFTBALL PARENTS AND TO SHOW OWASSO'S DESIRE TO
SUPPORT THOSE EFFORTS.]
13. Owasso shall provide equal access to weight training and conditioning facilities and equipment to female athletes and male athletes. Owasso shall also provide, by the end of the 1996-97 fiscal school year, to be effective at the beginning of the 1997-98 school year, a plan for achieving sports specific weight training and conditioning facilities and equipment which are designed to offer benefits to girls which are comparable to those offered by Owasso to boys.
[PRIOR TO THE SUIT, OWASSO CLUNG TO OUTDATED NOTIONS ABOUT WEIGHT TRAINING. THIS PROVISION RIDS OWASSO OF ITS GENDER BIAS IN CONNECTION WITH WEIGHT TRAINING. IT ALSO OBLIGATES OWASSO TO PROVIDE A
PLAN FOR DELIVERING SPORT-SPECIFICWEIGHT TRAINING FOR GIRLS.]
14. Owasso shall promote and publicize female and male sports and shall encourage individual female team coaches to utilize available opportunities to publicize female sports involvement and accomplishment. This means that Owasso shall give equivalent attention to the female teams in connection with school announcements, advertisements, assemblies, signage, school publications (such as the paper, yearbook, letters to parents), pep rallies, and other opportunities to publicize female involvement in sports.
[ONE OF THE MOST POIGNANT STORIES TO EMERGE IN OWASSO WAS ONE TOLD TO US BY OUR LEAD PLAINTIFF, MIMI RANDOLPH. IT WAS AN ACCOUNT OF AN OWASSO PEP RALLY FOR THE BASKETBALL TEAMS. THE ENTIRE SCHOOL WAS INVITED. THE GIRLS' VARSITY WAS ADVISED TO PREPARE FOR THE RALLY BY "DRESSING NICE." THEY WERE THEN DULY INTRODUCED AND SEATED COURTSIDE. WHAT THEN ENSUED CONJURES UP VISIONS OF A CHICAGO BULLS PRE-GAME INTRODUCTION. THE LIGHTS DIMMED, THE MUSIC STARTED, AND THE BOYS' TEAM CEREMONIOUSLY ENTERED THE GYM THROUGH A PAPER

Published by TU Law Digital Commons, 1997

17

Tulsa Law Review, Vol. 33 [1997], Iss. 1, Art. 13

TULSA LAW JOURNAL

[Vol. 33:273

HOOP AND BEGAN THEIR LAY-UP DRILLS, CULMINATED BY A POWERFUL SLAM DUNK. THE PLACE WENT WILD. THE GIRLS SAT IDLY BY, DRESSED IN SCHOOL CLOTHES. MIMI WAS STUNNED BY THIS AND SO WERE WE. (INTERESTINGLY ENOUGH, THE GIRLS' TEAM SIGNIFICANTLY OUTPERFORMED THE BOYS' TEAM THAT YEAR.) THIS PARAGRAPH ADDRESSES THIS AND OTHER "PROMOTION" RELATED PROBLEMS.]

C. Other Provisions- Title IX Compliance Officer Position
Owasso has an employee of the District who is designated as its Title IX Compliance Officer. The Compliance Officer shall be responsible for ensuring the District's compliance with Title IX, the Regulations, and the Policy Interpretations. The Compliance Officer shall also have specific duties. The specific duties shall include the periodic survey of student interest in sports participation. The survey and the compilation of results shall be made available to any person for inspection within five (5) business days after a written request for the same. A copy of the survey and results shall be made available for any person who pays the District its normal and customary copy expense.
The Compliance Officer shall compile and retain for inspection financial data about Owasso's interscholastic and other school-sponsored sports programs which details all revenues produced sport-by-sport and expenditures made in connection with each sport. This financial accounting shall include revenues as previously defined in B.1. The financial accounting shall include expenditures pertaining to equipment, coaching, travel, supplies, facilities and any other factors listed in 34 C.F.R. § 106.41(c). The data shall be compiled annually and shall be available for inspection following the end of each school fiscal year, within five (5) business days after a request for the same. A copy of the data shall be made for any person who pays the District its normal and customary copy expense.
The Compliance Officer shall schedule annual educational seminars for Owasso teachers and administrators which explain the mandates of Title IX herein described. The seminar for employees shall occur during the first quarter of each year. Additionally, the Compliance Officer shall be responsible for insuring, on an annual basis, that interested parents or guardians are provided an opportunity to understand the application of Title IX to the District's athletics program. This may be accomplished through mailings, seminars or in other ways calculated to educate interested parents or guardians regarding the District's programs and legal mandates in this area.
The Compliance Officer shall coordinate student education regarding Title IX and its relationship to student participation on sports through the school's physical education classes. This instruction shall be provided no less than annually.
The Compliance Officer shall prepare an amended grievance procedure which shall be based on Owasso's "Grievance Procedures For Filing, Processing And Resolving Alleged Discrimination Complaints." This grievance procedure shall provide a mechanism for a grievance hearing for a phrent or student who

http://digitalcommons.law.utulsa.edu/tlr/vol33/iss1/13

18

1997]

Yasser and Schiller: Gender Equity in Interscholastic Sports: A Case Study GENDER EQUITY IN INTERSCHOLASTIC SPORTS

believes he or she is aggrieved by Owasso's alleged failure to comply with the mandates of Title IX, the Regulations, the Policy Interpretations, or the terms of this Consent Decree. The procedure shall be amended to provide for an initial hearing before either the Principal or the Superintendent, and a right of appeal to the Board of Education. The lapse of time from the date of filing of the written grievance with the Compliance Officer to the date of final decision by the Board of Education shall not exceed seventy (70) calendar days.
The Compliance Officer shall insure distribution of the District's amended grievance procedure to District employees, parents and students in a manner designed to achieve widespread publication. A summary of the Consent Decree shall be published in "News to You," which is a regular publication of the Owasso School District.
The parties to this Decree concur that it is not the purpose of this agreement to impose any obligation not imposed by Title IX's provisions related to athletic programs. Accordingly, this law shall provide the basis for evaluating the District's compliance with the provisions of this Decree.
[WHEN WE BEGAN THE SUIT, OWASSO HAD NO COMPLIANCE OFFICER. As
NEGOTIATIONS TOWARD SETTLEMENT PROGRESSED, IT BECAME INCREASINGLY APPARENT THAT AN EMPOWERED COMPLIANCE PERSON WAS ESSENTIAL. THESE PROVISIONS DETAIL THE DUTIES OF THE COMPLIANCE OFFICER, WHO BECOMES A KEY PLAYER. NOTE ESPECIALLY THE CREATION OF A SPEEDY GRIEVANCE PROCEDURE.]

Ill. COURT'S INVOLVEMENT
This Consent Decree is approved by and entered as an Order and Judgment of the Court and shall be subject to the full enforcement powers of the Court. All claims against individually named defendants shall be dismissed with prejudice upon the approval and entry of this Decree by the Court. In the event that a party believes that there has been a default of an obligation under this Consent Decree, such party shall take its complaint through the District's amended nondiscrimination grievance procedure as provided for in this Consent Decree. If the grievance process does not produce a mutually agreeable resolution, either party may present its claims directly to the Court and seek any relief authorized by law.
The District shall on or before August 15, 1999, submit its report to the Court and counsel for the Class showing compliance with this Consent Decree or shall clearly set out areas in which compliance has not been achieved. Should the District establish compliance with the Decree prior to that date, it is not prohibited from submitting its report setting forth its compliance prior to August 1999. The report shall show the District's compliance with all terms and conditions of this Consent Decree. The Court shall schedule a Hearing on Compliance and will determine if the District has complied with the terms of this Consent Decree. The Court's determination of Compliance by the District shall result in a Final Order of the Court that the District has achieved compliance

Published by TU Law Digital Commons, 1997

19

Tulsa Law Review, Vol. 33 [1997], Iss. 1, Art. 13

TULSA LAW JOURNAL

[Vol. 33:273

and the dismissal with prejudice of this action.
[WE WERE UNWILLING TO SIMPLY TURN THE DISTRICT LOOSE UPON THE SIGNING OF THE DECREE. TIME WILL TELL WHETHER WE RETURN TO COURT TO ASK FOR INTERVENTION IN CONNECTION WITH AN UNRESOLVED GRIEVANCE. THIS OPTION, HOWEVER, AVOIDS THE NECESSITY OF STARTING ALL OVER WITH AN ENTIRELY NEW LAWSUIT IN THE EVENT OF NON-COMPLIANCE. WE AGREED THAT, UPON THE FILING OF A COMPLIANCE REPORT TO BE REVIEWED BY THE COURT, A FINAL ORDER OF DISMISSAL COULD TERMINATE THE ACTION.]

IV. COSTS AND ATTORNEYS' FEES
The parties agree that the District shall pay the reasonable costs and attorneys fees incurred in connection with this lawsuit to Ray Yasser and Sam Schiller as determined by the Court or by agreement of the parties.
[WE WERE NEVER ABLE TO AGREE ON OUR FEES. IN FACT, WHILE WE SUBMITED DETAILED BILLINGS TO THE DISTRICT, IT NEVER ENTERED INTO NEGOTIATIONS ABOUT FEES. THE DISPUTE OVER OUR FEES, WHICH WE HAD HOPED TO AVOID, IS PERHAPS THE FINAL SAGA OF THE CASE.]27
Entered this 2nd day of October, 1996.
UNITED STATES DISTRICT JUDGE TERRY C. KERN

27. A third article is planned which documents the fee dispute.

http://digitalcommons.law.utulsa.edu/tlr/vol33/iss1/13

20

 
 USDC ND/OK Case: 4:96-cv-105 As of: 01/31/2014 04:24 PM CST Page 1 of 8
CLASS,CLOSED,DISCREF,LC−1,SETCON
U.S. District Court U.S. District Court for the Northern District of Oklahoma (Tulsa)
CIVIL DOCKET FOR CASE #: 4:96−cv−00105−TCK

Randolph, et al v. Owasso Sch Dist I011, et al Assigned to: Judge Terence Kern Demand: $0 Cause: 42:1983 Civil Rights Act Plaintiff Ron Randolph as parent and next friend of his minor daughter, Amanda M. (MiMi) Randolph, and on behalf of all others similarly situated − Amanda M Randolph − Mimi Randolph
Plaintiff Coy E Brown as parent and next friend of his minor daughter, Hayley E. Brown, and on behalf of all others similarly situated − Hayley E Brown

Date Filed: 02/15/1996 Date Terminated: 10/02/1996 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Deborah Brake National Women's Law Center 11 DePont Cir Ste 800 Washington, DC 20036 202−588−5180 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith C Appelbaum National Women's Law Center 11 DePont Cir Ste 800 Washington, DC 20036 202−588−5180 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Raymond L Yasser Smolen Smolen &Roytman PLLC 701 S CINCINNATI AVE TULSA, OK 74119 918−585−2667 Fax: 918−585−2669 Email: raymond−yasser@utulsa.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED
Samuel J Schiller Schiller Law Firm 4113 Cumby Rd Ste 200 Cookeville, TN 38501 931−528−5050 Fax: 931−528−5051 Email: sjs@schillerlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Deborah Brake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith C Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Raymond L Yasser

USDC ND/OK Case: 4:96-cv-105 As of: 01/31/2014 04:24 PM CST Page 2 of 8

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Candace L Brown as parent and next friend of her minor daughter, Hayley E. Brown, and on behalf of all others similarly situated − Hayley E Brown

represented by Deborah Brake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith C Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Raymond L Yasser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Robert C Parker as parent and next friend of his minor daughters, Sarah J. Parker and Rebekah S. Parker, and on behalf of all others similarly situated − Sarah J Parker − Rebekah S Parker

represented by Deborah Brake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith C Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Raymond L Yasser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Susan J Parker as parent and next friend of her minor daughters, Sarah J. Parker and Rebekah S. Parker, and on behalf of all others similarly situated − Sarah J Parker − Rebekah S Parker

represented by Deborah Brake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith C Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Raymond L Yasser

USDC ND/OK Case: 4:96-cv-105 As of: 01/31/2014 04:24 PM CST Page 3 of 8

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Robert F Randolph, Jr as parent and next friends of his minor daughter, Teri Jo Randolph, and on behalf of all others similarly situated − Teri Jo Randolph

represented by Deborah Brake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith C Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Raymond L Yasser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Vicki L Randolph as parent and next friend of her minor daughter, Teri Jo Randolph, and on behalf of all others similarly situated − Teri Jo Randolph

represented by Deborah Brake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith C Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Raymond L Yasser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Jim Pigg as parent and next friend of his minor daughter, Melisa Pigg, and on behalf of all others similarly situated − Melisa Pigg

represented by Deborah Brake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith C Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Raymond L Yasser

USDC ND/OK Case: 4:96-cv-105 As of: 01/31/2014 04:24 PM CST Page 4 of 8

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Kay Pigg as parent and next friend of her minor daughter, Melisa Pigg, and on behalf of all others similarly situated − Melisa Pigg

represented by Deborah Brake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith C Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Raymond L Yasser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Tom Martin as parent and next friend of his minor daughter, Shera Mae Martin, and on behalf of all others similarly situated. − Shera Mae Martin

represented by Deborah Brake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith C Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Raymond L Yasser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Becky Martin as parent and next friend of her minor daughter, Shera Mae Martin, and on behalf of all others similarly situated, − Shera Mae Martin

represented by Deborah Brake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith C Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Raymond L Yasser

USDC ND/OK Case: 4:96-cv-105 As of: 01/31/2014 04:24 PM CST Page 5 of 8
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Samuel J Schiller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Owasso Independent School District No. I−011 separately, and as Dale Johnson in his official capacity as Superintendent, as Rick Dossett in his official capacity as Principal, and as John Scott in his official capacity as Athletic Director TERMINATED: 11/22/1996 also known as Owasso Public Schools
Defendant Dale Johnson individually TERMINATED: 11/22/1996
Defendant Rick Dossett individually TERMINATED: 11/22/1996
Defendant

represented by J Douglas Mann Rosenstein Fist &Ringold 525 S MAIN STE 700 TULSA, OK 74103 918−585−9211 Fax: 918−583−5617 Email: dougm@rfrlaw.com TERMINATED: 11/22/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Karen Lea Long Rosenstein Fist &Ringold 525 S MAIN STE 700 TULSA, OK 74103 918−585−9211 Fax: 918−583−5617 Email: karenl@rfrlaw.com TERMINATED: 11/22/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by J Douglas Mann (See above for address) TERMINATED: 11/22/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Karen Lea Long (See above for address) TERMINATED: 11/22/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by J Douglas Mann (See above for address) TERMINATED: 11/22/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Karen Lea Long (See above for address) TERMINATED: 11/22/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by

USDC ND/OK Case: 4:96-cv-105 As of: 01/31/2014 04:24 PM CST Page 6 of 8

John Scott individually TERMINATED: 11/22/1996

J Douglas Mann (See above for address) TERMINATED: 11/22/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Karen Lea Long (See above for address) TERMINATED: 11/22/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
John Doe Does 1 through 50

Date Filed 02/15/1996 02/27/1996 02/27/1996 02/27/1996 04/08/1996 04/16/1996 04/16/1996 04/16/1996 04/16/1996 04/16/1996 04/18/1996 05/02/1996
05/02/1996
05/22/1996

# Docket Text
1 COMPLAINT (Summons(es) issued); forms given (fee status: pd) (C2J). (fe, Dpty Clk) (Entered: 02/15/1996)
WAIVER OF SERVICE OF SUMMONS by defendant Rick Dossett on 2/16/96, mailed on 2/16/96 (lmc, Dpty Clk) (Entered: 02/28/1996)
WAIVER OF SERVICE OF SUMMONS by defendant Dale Johnson on 2/16/96, mailed on 2/16/96 (lmc, Dpty Clk) (Entered: 02/28/1996)
WAIVER OF SERVICE OF SUMMONS by defendant John Scott on 2/16/96, mailed 2/16/96 (lmc, Dpty Clk) (Entered: 02/28/1996)
WAIVER OF SERVICE OF SUMMONS by defendant Owasso Sch Dist I011 on 3/22/96 (fe, Dpty Clk) (Entered: 04/09/1996)
2 ANSWER by defendant Owasso Sch Dist I011 to [1−1]Complaint (lmc, Dpty Clk) (Entered: 04/17/1996)
3 ATTORNEY APPEARANCE for defendants Owasso Sch Dist I011, Dale Johnson, Rick Dossett, and John Scott by Karen L Long, J Douglas Mann (lmc, Dpty Clk) (Entered: 04/17/1996)
4 ANSWER by defendant Dale Johnson to [1−1] Complaint (lmc, Dpty Clk) (Entered: 04/17/1996)
5 ANSWER by defendant Rick Dossett to [1−1] Complaint (lmc, Dpty Clk) (Entered: 04/17/1996)
6 ANSWER by defendant John Scott to [1−1] Complaint (lmc, Dpty Clk) (Entered: 04/17/1996)
MINUTE ORDER: STATUS HRG/CASE MANAGEMENT CONFERENCE set for 9:30 6/12/96 before Judge Terry C. Kern (cc: all counsel) (cds, Dpty Clk) (Entered: 04/18/1996)
7 MOTION by plaintiff Ron Randolph, plaintiff Coy E Brown, plaintiff Candace L Brown, plaintiff Robert C Parker, plaintiff Susan J Parker, plaintiff Robert F Randolph Jr, plaintiff Vicki L Randolph, plaintiff Jim Pigg, plaintiff Kay Pigg, plaintiff Tom Martin, plaintiff Becky Martin to certify class action (O2lc) (crp, Dpty Clk) (Entered: 05/03/1996)
8 BRIEF by plaintiff Ron Randolph, plaintiff Coy E Brown, plaintiff Candace L Brown, plaintiff Robert C Parker, plaintiff Susan J Parker, plaintiff Robert F Randolph Jr, plaintiff Vicki L Randolph, plaintiff Jim Pigg, plaintiff Kay Pigg, plaintiff Tom Martin, plaintiff Becky Martin in support of motion to certify class action (C2lc) [7−1] (crp, Dpty Clk) (Entered: 05/03/1996)
9 RESPONSE by defendant Owasso Sch Dist I011, defendant Dale Johnson, defendant Rick Dossett, defendant John Scott to motion to certify class action

USDC ND/OK Case: 4:96-cv-105 As of: 01/31/2014 04:24 PM CST Page 7 of 8

06/07/1996 06/12/1996 06/12/1996
06/26/1996 06/28/1996 07/10/1996
07/18/1996 08/13/1996
09/04/1996 09/06/1996 09/06/1996 09/19/1996
09/30/1996 10/02/1996 10/15/1996 10/15/1996 10/15/1996
10/29/1996 11/08/1996 11/14/1996

[7−1] (pll, Dpty Clk) (Entered: 05/23/1996)
CASE MANAGEMENT PLAN Received (pll, Dpty Clk) (Entered: 06/10/1996)
CASE MANAGEMENT PLAN Received (pll, Dpty Clk) (Entered: 06/12/1996)
MINUTES: Case Management Conference held by Judge Terry C. Kern granting motion to certify class action [7−1] Parties to submit agreed Proposed Order of Class Certification; Court advised by counsel that settlement is anticipated Initial discl. of known witn. &exhs. by 7/12/96;discovery ddl set for 9/30/96; dispositive motion and motion in limine filing ddl set for 10/7/96; Final witn. &exhs. to be exch. by 9/6/96; depo. designations by 10/4/96; pretrial order ddl set for 12/2/96 ; PRETRIAL CONF set for 10:30 12/9/96 ; Proposed F/F, C/L and Briefs due 12/11/96;TRIAL set for 9:30 12/16/96; Settlement Conf. requested after 7/1/96 before Magistrate Judge (ett: 3−4 weeks) (ES−Rptr) (cc: all counsel) (cds, Dpty Clk) (Entered: 06/14/1996)
PROPOSED Order re: class action certification (pll, Dpty Clk) (Entered: 06/26/1996)
10 ORDER by Judge Terry C. Kern granting motion to certify class action [7−1] (cc: all counsel) (pll, Dpty Clk) (Entered: 07/01/1996)
11 ORDER by Magistrate Frank H. McCarthy SETTLMT CONF set for 1:15 9/3/96 before Magistrate Frank H. McCarthy; statements are due by 8/27/96. (cc: all counsel) (jcm, Dpty Clk) (Entered: 07/10/1996)
MINUTE ORDER: STATUS HRG set for 9:30 8/13/96 (cc: all counsel) (cds, Dpty Clk) (Entered: 07/18/1996)
MINUTES: by Judge Terry C. Kern Status hearing held 8/13/96; Parties advise Court that consent Decree is near completion. Major issue to resolve will be attorneys fees; fee issue to be argued before the Magistrate Judge (ES−Rptr) (cds, Dpty Clk) (Entered: 08/15/1996)
MINUTES: by Magistrate Frank H. McCarthy settlement conference held on 9/4/96; settlement is pending. (jcm, Dpty Clk) (Entered: 09/04/1996)
12 EXHIBIT list by plaintiffs (pll, Dpty Clk) (Entered: 09/09/1996)
13 WITNESS list by plaintiffs (pll, Dpty Clk) (Entered: 09/09/1996)
MINUTES: by Magistrate Frank H. McCarthy a follow−up sett conf was held on 9/19/96; the case has settled w/the exception of the attorney fees issue. (jcm, Dpty Clk) (Entered: 10/01/1996)
PROPOSED Consent Decree to Judge (cds, Dpty Clk) (Entered: 09/30/1996)
14 ORDER/Consent Decree by Judge Terry C. Kern terminating case ; see order for details (cc: all counsel) (pll, Dpty Clk) (Entered: 10/03/1996)
15 MOTION by plaintiffs for attorney fees (c2lc) (fe, Dpty Clk) (Entered: 10/16/1996)
16 BRIEF by plaintiffs in support of their motion for attorney fees [15−1] (fe, Dpty Clk) (Entered: 10/16/1996)
BILL OF COSTS submitted by plaintiffs and agnst defendants in the amount of $120.00; COST HRG set for 10:00 a.m. on 11/14/96 before the Court Clerk (lmc, Dpty Clk) (Entered: 10/17/1996)
17 RESPONSE by defendant Owasso Sch Dist I011 to motion for attorney fees [15−1] (pll, Dpty Clk) (Entered: 10/30/1996)
18 REPLY by plaintiffs to dfdts' response in opposition to plas' motion for attorney fees [15−1] (fe, Dpty Clk) (Entered: 11/12/1996)
19 COSTS taxed by Court Clerk for pla in the amount of $120.00 against defendant Owasso Sch Dist I011 (cc: all counsel) (fe, Dpty Clk) (Entered: 11/15/1996)

USDC ND/OK Case: 4:96-cv-105 As of: 01/31/2014 04:24 PM CST Page 8 of 8

11/22/1996 01/06/1997 05/21/1997 05/21/1997
08/16/1999 08/16/1999

20 JOINT STIPULATION of dismissal w/ prejudice of individual defendants by plas and dfdts Owasso Independent School Dist, Johnson, Dossett, Scott (fe, Dpty Clk) (Entered: 11/26/1996)
21 NOTICE by Samuel Schiller, atty for plaintiff, of change of address to P O Box 159, Haskell, OK 74436 (fe, Dpty Clk) (Entered: 01/07/1997)
22 ORDER by Chief Judge Terry C. Kern granting pla's motion for attorney fees [15−1]; atty fees granted in amt of $32,941.00; (cc: all counsel) (fe, Dpty Clk) (Entered: 05/21/1997)
23 JUDGMENT: by Chief Judge Terry C. Kern in accordance with order filed contemporaneously herewith; pla to recover from dfdts $32,941.00 for atty fees and litigation expenses, with post−jgmt interest at rate of 6.06% as provided by law (cc: all counsel) (fe, Dpty Clk) (Entered: 05/21/1997)
24 NOTICE (COMPLIANCE REPORT) by defendant Owasso Sch Dist I011 (fe, Dpty Clk) (Entered: 08/16/1999)
25 CERTIFICATEI OF COMPLIANCE w/ consent decree by defendant Owasso Sch Dist I011 (fe, Dpty Clk) (Entered: 08/16/1999)