Case 6:00-cv-00721-WMS Document 1 Filed 12/08/00 Page 1 of 9 PageID #: 1

,-

UNITED STATES DISTRICT COURT

OODrc . ,.

EASTERN DISTRICT OF TEXAS TYLER DIVISION

TEX,:

."

_-8~

. PlY

I:

52

i'. oOoo-e-rcf'';;,, SUSIE HALBERT, as next friend ofher daughter §

Plaintiff

§

§

f' v___~ _ /. jj)
G" Civil Action No.

v.

§

§

KILGORE INDEPENDENT SCHOOL

§

DISTRICT

§

Defendant §

JURY TRIAL DEMANDED

ORIGINAL COMPLAINT

Plaintiff Susie Halbert, parent of a minor daughter, respectfully files this Complaint on her

behalf, and would show:

STATEMENT OF CLAIM

1. Plaintiff complains that Kilgore Independent School District (hereinafter referred to as

"KISD") has denied her daughter an equal opportunity to participate in athletic programs and

activities in violation of Title IX of the Education Amendments Act of 1972, 20 U.S.c. § 1681

("Title IX"), and the regulations adopted pursuant thereto.

2. This civil action seeks to redress the deprivation of Plaintiffs daughter's rights to the

equal opportunity to participate in school-sponsored activities afforded by Title IX. This action

seeks a declaratory judgment that Defendant has violated her daughter's rights under Title IX, an

injunction requiring Defendant to cease its sexually discriminatory practices and to remedy the

effects of its discriminatory conduct, and money damages.

JURISDICTION AND VENUE

3. This claim arises under 20 U.S.C. § 1681. Jurisdiction is therefore conferred on this Court

pursuant to 28 U.S.C. §§ 133.1~and 1343.

\

4. Jurisdiction for declaratory and other relief is invoked pursuant to 28 U.S.c. §§ 2201 and

Case 6:00-cv-00721-WMS Document 1 Filed 12/08/00 Page 2 of 9 PageID #: 2
2202. 5. The events complained of herein all occurred within this judicial U1:'lllCL As such, venue
is proper in this Court under 28 U.S.C. § 1391(b). PARTIES
6. Plaintiff and her daughter are citizens of the United States and the State of Texas. They are residents of Rusk County, Texas.
7. Defendant KISD, located within the jurisdiction of this Court and organized under the laws of Texas, may be served process by serving its Superintendent, Jerry B. Roberts, at the administrative offices of the KISD, 301 N. Kilgore St., Kilgore, TX 75662.
FACTUAL ALLEGATIONS 8. The Halbert daughter is a female student at Kilgore High School ("Kilgore"). She is an honor student now in her senior year. She was a cheerleader for Kilgore from her freshman year through the spring semester of her junior year. Miss Halbert was also a cheerleader in her eighth grade year. On February 5, 2000 (Miss Halbert's junior year), she along with another cheerleader and two male varsity athletes were caught on campus in possession and under the influence of
alcohol. All four students were immediately suspended and later p,laced,in an Alternative Education
Program ("AEP"). 9. As a further part of their punishment under the KISD school board's local policy, the
FOAB (Local), the students were barred from participating in any extracurricular and/or athletic activities for the duration ofthat semester. As a result ofthis punishment, the Halbert daughter along with the other young woman involved in the incident were precluded from participating in cheerleader tryouts during the spring semester of 2000. As a returning member and assuming she met all other requirements, Miss Halbert would have been assured a position as a member of the
2

Case 6:00-cv-00721-WMS Document 1 Filed 12/08/00 Page 3 of 9 PageID #: 3

2000-2001 Kilgore cheerleading squad had she been allowed to tryout. This is supported by the fact

that only sixtecl. \. )" ,,:,len were signLu up 10 try OLa LV) ",dve (12) sp01

, <

.,,<.1 sume

of the women trying out had never cheered before.

10. In contrast, both of the young men involved in the incident and subject to the same

punishment have been allowed to play sports (soccer and baseball) during the 2000-2001 school

year.

11. In the KISD, cheerleading is an athletic program and/or activity because cheerleaders

receive athletic credit for participating on the squad and are considered integral parts of the overall

school athletic program. The enforcement ofa disciplinary policy that bars attendance at cheerleader

tryouts, and, consequently, any chance at becoming a member ofthe upcoming year's squad, but not

future participation in boys' sports practice and competition, has a disparate and, therefore.

discriminatory impact on a young woman's ability and opportunity to participate in KISD's athletic

programs and activities. Although able to do so, Kilgore made no attempt to accommodate for this

impact by changing cheerleader tryouts to the summer, holding the tryouts during school hours, or

permitting the girls to tryout by video: all of which would have been within the parameters allowed

by the school board's local policy. "
12. Kilgore is a Division AAAA school. Its current total emollment is 1050 students. KISD

receives Federal financial assistance and, therefore, all of its schools' programs, including athletic

programs, are subject to the requirements of Title IX. KISD is responsible for monitoring

compliance with Title IX in schools within its district.

13. As shown by providing certain opportunities for its students to participate in athletic

programs and activities, Defendant has determined that certain educational opportunities and benefits

can be derived from participating in these programs and activities. Defendant determines the

3

Case 6:00-cv-00721-WMS Document 1 Filed 12/08/00 Page 4 of 9 PageID #: 4
application and scope of the disciplinary measures used by Kilgore, as well as the ramifications of that application to the athletic opportunities for male students and for female students.
14. Defendant has violated, and continues to violate, Title IX and its implementing regulations by adhering to a local policy and engaging in an arbitrarily enforced disciplinary practice that excludes young women from participation in an athletic program and/or activity, but does not have the same or an equivalent effect on young men. Kilgore's disciplinary policies discriminate against women on the basis of sex by failing to provide equal and reasonable opportunities for both boys and girls to participate in its athletic programs and/or activities. Kilgore has not, and does not currently provide any alternate means to accommodate Miss Halbert's participation in cheerleading within the parameters of its disciplinary policy, while the young men who received the very same punishment in this instance have, in fact, been accommodated under the s~hoo\'s current practices. Accordingly, Plaintiff alleges that Kilgore has denied her daughter equal opportunity to participate in an athletic program and/or activity.
15. Because young women do not have an equal opportunity to participate in an athletic program and/or activity after the application of the same disciplinary measure as their male counterparts, Plaintiff alleges that the disciplinary practices of Kilgore are unlawfully skewed in
• favor of giving opportunities to males for participation in athletic activities. Kilgore accordingly denies young women the equivalent access to educational activities and opportunities that it provides to its male students.
16. Kilgore's disproportionate emphasis on opportunities for men is not isolated in the disparate residual affects of its disciplinary policy, but is also reflected in its funding of program::, and/or activities. All of the uniforms and equipment needed by the school's football players. for instance, are provided to the young men by the school free of charge. The cheerleaders, on the other
4

Case 6:00-cv-00721-WMS Document 1 Filed 12/08/00 Page 5 of 9 PageID #: 5

hand, are only provided one uniform by the school and must purchase all other necessaryequipment

themselves.

17. Plaintiff Susie Halbert had to purchase much of her daughter's cheerleading equipment

herself, although every male member of the football team was provided with all of their necessary

equipment, free of charge, by the school.

18. Due to their small budget, the cheerleaders are also forced to hold fundraisers to facilitate

the purchasing of markers, paper, and other supplies necessary to create the signs that are a well-

known part of student pep-rallies and other cheerleader-led school spirit-raising functions. This

funding disparity is also true for the drill team, another all female group that can be considered an

athletic activity. By forcing girls to pay for much of their own uniforms, equipment, and supplies.

Kilgore is excluding many girls who cannot afford to participate. Kilgore's male athletes do not

shoulder the same financial burden.

19. There is no exception in Title IX or its regulations for football or other "revenue-

producing" sports. In enacting Title IX, Congress specifically rejected amendments to exempt

football or other "revenue-producing" sports. Kilgore could eliminate the disparity in participation

. opportunities without detracting from male opportunities by increasing funding for women's
activities, such as cheerleading, for example.

20. To summarize, Defendant's denial ofequal educational opportunities for young women

has caused the following inequities in the opportunities and benefits received, as well as resources

distributed to the Halbert daughter:

a.

Inequitable partIcipation opportulllties brought about by thl: lack or ,'qui\ ,dent

ramifications of the application of KISD's local policy and resulting disciplinary

actions; and,

b. Lack of equal uniforms, equipment, and supplies.

•

5

Case 6:00-cv-00721-WMS Document 1 Filed 12/08/00 Page 6 of 9 PageID #: 6
21. Kilgore Principal Robert Wheeley, KISD School Board members, and the KISD
...l-
Superintendent Jerry B. Roberts have all been put on notice regarding the inequitable opportunities and benefits afforded to the Halbert daughter through Plaintiff s verbal communications and written correspondence, as well as a hearing held by the school board itselfto determine whether the Halbert daughter would be allowed to participate in cheerleader tryouts.
CAUSE OF ACTION 22. Title IX 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). In the Civil Rights Restoration Act of 1987 (1988 Amendments), Congress made plain its intent that "program or activity," as used in Title IX, applies institution-wide to a public school system, "any part of which is extended Federal financial assistance ...." 20 U.s.c. § 1687. 23. The United States Department of Education and its predecessor agency have adopted regulations interpreting Title IX. These regulations are codified in 34 C.F .R. Part 106 (1991 ). 24. The regulations provide that a recipient of Federal financial assistance may nOL Oil the
*
basis of sex, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination, under any academic, extracurricular, research, occupational training. or other education program or activity operated by a recipient which receives or benefits from Federal financial assistance. 34 C.F.R. § 106.31.
25. Defendant, as described above, has intentionally violated Title IX by willfully, knowingly, and deliberately discriminating against women students, including the Halbert daughter, in not providing an equal opportunity for women to participate in athletic activities. Notwithstanding
6

Case 6:00-cv-00721-WMS Document 1 Filed 12/08/00 Page 7 of 9 PageID #: 7
their ability to accommodate Miss Halbet1 through any number of reasonable alternatives, Kilgore failed to make such changes as would have caused their disciplinary policy to equally affect men and women's access to an educational opportunity.
26. The imbalance in the opportunities available and funds and other benefits provided for males students in athletic programs and/or activities, in relation to female students, when there exists clearly demonstrated inequities, shows Defendant's refusal to comply with Title IX.
27. Defendant's conduct also violates 34 C.F.R. §§ 106.31, 106.37, and 106.41. INJUNCTIVE RELIEF
28. Plaintiff is entitled to inj unctive relief to end Defendant's unequal, discriminatory, and unlawful treatment of their daughter.
29. Plaintiffs daughter continues to be deprived of her rights as guaranteed to her by the laws of the United States because of Defendant's acts and omissions. Failure to grant the injunctive relief requested will result in a substantial threat of irreparable harm to Plaintiff s daughter for which there is no remedy at law. This threatened harm far outweighs any possible harm the granting of injunctive relief might cause to Defendant.
30. Finally, the injunctive relief sought would serve the public interest. It would prevent
•
discrimination based on sex and promote the worthy goal of full equ.ality before the law. DECLARATORY RELIEF
31. This suit involves an actual controversy within the Court's jurisdiction, and the Court may declare the rights of Plaintiff on behalf of her minor daughter under the Constitution and laws of the United States and grant such necessary and proper relief.
ATTORNEY'S FEES 32. Plaintiff is entitled to recover attorneys' fees and costs pursuant to 42 U.S.c. § 1988.
7

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JURY DEMAND

33. Plaintiff demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

THEREFORE, Plaintiff respectfully prays that this Court grant the following relief:

A. Enter declaratory judgment that Defendant has deliberately and consciously discriminated against Plaintiffs daughter on the basis ofher sex in violation of Title IX and the regulations promulgated thereunder;

B. Permanently enjoin Defendant, its officers, agents, employees, successors in office, and those persons in active concert with them from further discriminating against the Halbert daughter, and require Defendant, immediately upon issuance ofthe Order, to provide equal opportunity for participation in athletic programs and/or activities for other girls free from sex discrimination, as required by Title IX, including, but not limited to:

(1) The provision of equal access to educational opportunities and benefits at Kilgore High School, including, but not limited to: the opportunity to participate in athletic programs or activities that similarly situated boys are given access to and equitable provisions of uniforms, equipment, and supplies; and

(2) Remedial action to overcome the effects ofDefendant's sex-discriminatory practices and policies at Kilgore High School.

c. Enter judgment on behalf ofthe Plaintiff for damages sufficient to compensate her daughter

for her injuries in the cause of action alleged against Defendant;

....

D. Order Defendant to pay Plaintiffs reasonable attorneys' fees and costs; and, E. Grant all other and additional relief to which Plaintiff may be ~ntitled, at law or in equity.

JURY DEMANDED
Dated: V(((\~1}x~, 2000

James C. Harrington State Bar No. 09048500 Andrea M. Gunn State Bar No. 24027056
8

Case 6:00-cv-00721-WMS Document 1 Filed 12/08/00 Page 9 of 9 PageID #: 9
tEXAS CIVIL Rl(jHfS PROJECT 22 1~ F. Martin Luther King, Blvd. Austin, Texas 78702-1344
Telephone: (512) 474-5073 Facsimile: (512) 474-0726 ATTORNEYS FOR PLAINTIFF
... , f
9

 
 Case 6:00-cv-00721-WMS Document 11 Filed 05/29/01 Page 1 of 10 PageID #: 31

UNITED STATES DISTRICT COUR EASTERN DISTRICT OF TEXAS TYLER DIVISION

F Il ED
U.S. DISTRICT COURT EASTERN OISTfttCT OF TEXAS

.
I
I

I

SUSIE HALBERT, as next friend of her daughter, §

and for all those similarly situated

§

Plaintiffs

§

§

v.

§

§

KILGORE INDEPENDENT SCHOOL

§

DISTRICT

§

Defendant §

Civil Action No. 6:00 CV 721

PLAINTIFF'S FIRST AMENDED COMPLAINT

Plaintiff Susie Halbert, parent of a minor daughter, respectfully files this Complaint on her

behalf, and on behalf of the class of similarly situated persons, and would show:

STATEMENT OF CLAIM

1. Plaintiff complains that Kilgore Independent School District (hereinafter referred to as

"KISD") has denied her daughter and all those similarly situated an equal opportunity to participate

in athletic programs and activities, as well as a denial ofequal treatment and benefits in these athletic

programs and activities, in violation of Title IX of the Education Amendments Act of 1972, 20

U.S.C. § 1681 ("Title IX"), and the regulations adopted pursuant thereto.

2. Plaintiff seeks to redress the gender discrimination that her daughter and other female

students suffered, and will continue to suffer, while students at KISD, and which Defendant

knowingly causes and permits, and will cause and permit in the future. Plaintiff seeks damages,

injunctive and declaratory relief, as well as costs and attorneys' fees, for herself and the class, to

remedy the wrongful deprivation and discrimination her daughter and the class members suffered

because of Defendant.

JURISDICTION AND VENUE

3. This claim arises under 20 US.c. § 1681. Jurisdiction is therefore conferred on this Court

Case 6:00-cv-00721-WMS Document 11 Filed 05/29/01 Page 2 of 10 PageID #: 32
pursuant to 28 U.S.C. §§ 1331 and 1343. 4. Jurisdiction for declaratory and other relief is invoked pursuant to 28 U.S.C. §§ 2201 and
2202. 5. The events complained of herein all occurred within this judicial district. As such, venue
is proper in this Court under 28 U.S.C. § 1391(b). PARTIES
6. Plaintiff and her daughter are citizens of the United States and the State of Texas. They are residents of Rusk County, Texas.
7. Defendant KISD, located within the jurisdiction of this Court and organized under the laws of Texas, may be served process by serving its Superintendent, Jerry B. Roberts, at the administrative offices of the KISD, 301 N. Kilgore St., Kilgore, TX 75662.
FACTUAL ALLEGATIONS 8. The Halbert daughter is a female student at Kilgore High School ("Kilgore"). She is an honor student now in her senior year. She was a cheerleader for Kilgore from her freshman year through the spring semester of her junior year. Miss Halbert was also a cheerleader in her eighth grade year. On February 5, 2000 (Miss Halbert's junior year), she along with another cheerleader and two male varslty athletes were caught on campus in possession and under the influence of alcohol. All four students were immediately suspended and later placed in an Alternative Education Program ("AEP"). 9. As a further part of their punishment under the KISD school board's local policy, the FOAB (Local), the students were barred from participating in any extracurricular and/or athletic activities for the duration ofthat semester. As a result ofthis punishment, the Halbert daughter along with the other young woman involved in the incident were precluded from participating in
2

Case 6:00-cv-00721-WMS Document 11 Filed 05/29/01 Page 3 of 10 PageID #: 33
cheerleader tryouts during the spring semester of 2000. As a returning member and assuming she met all other requirements, Miss Halbert would have been assured a position as a member of the 2000-2001 Kilgore cheerleading squad had she been allowed to tryout. This is supported by the fact that only sixteen (16) women were signed up to try out for twelve (12) spots on the squad, and some of the women tryin:s out had never cheered before.
10. In contrast, both of the young men involved in the incident and subject to the same punishment have b.een allowed to play sports (soccer and baseball) during the 2000-2001 school year.
11. In the KISD, cheerleading is an athletic program and/or activity because cheerleaders receive athletic credit for participating on the squad and are considered integral parts of the overall school athletic prog ram. The enforcement ofa disciplinary policy that bars attendance at cheerleader tryouts, and, consequently, any chance at becoming a member ofthe upcoming year's squad, but not future participation in boys' sports practice and competition, has a disparate and, therefore, discriminatory impact on a young woman's ability and opportunity to participate in KISD's athletic programs and activ; ties. Although able to do so, Kilgore made no attempt to accommodate for this impact by changin§, cheerleader tryouts to the summer, holding the tryouts during school hours, or permitting the girls to tryout by video: all of which would have been within the parameters allowed by the school board's local policy.
12. Kilgore is a Division AAAA school. Its current total emollment is 1050 students. KISD receives Federal financial assistance and, therefore, all of its schools' programs, including athletic programs, are subj ect to the requirements of Title IX. KISD is responsible for monitoring compliance with Title IX in schools within its district.
13. As shown by providing certain opportunities for its students to participate in athletic
3

Case 6:00-cv-00721-WMS Document 11 Filed 05/29/01 Page 4 of 10 PageID #: 34
programs and activities, Defendant has determined that certain educational opportunities and benefits can be derived from participating in these programs and activities. Defendant determines the application and scope of the disciplinary measures used by Kilgore, as well as the ramifications of that application to the athletic opportunities for male students and for female students.
14. Defendant has violated, and continues to violate, Title IX and its implementing regulations by adhering to a local policy and engaging in an arbitrarily enforced disciplinary practice that excludes young women from participation in an athletic program and/or activity, but does not have the same or an equivalent effect on young men. Kilgore's disciplinary policies discriminate against women on the basis of sex by failing to provide equal and reasonable opportunities for both boys and girls to participate in its athletic programs and/or activities. Kilgore has not, and does not currently provide any alternate means to accommodate Miss Halbert's participation in cheerleading within the parameters of its disciplinary policy, while the young men who received the very same punishment in this instance have, in fact, been accommodated under the school's current practices. Accordingly, Plaintiff alleges that Kilgore has denied her daughter equal opportunity to participate in an athletic program and/or activity.
15. Because young women do not have an equal opportunity to participate in an athletic program and/or activity after the application of the same disciplinary measure as their male counterparts, Plain1 iff alleges that the disciplinary practices of Kilgore are unlawfully skewed in favor of giving opportunities to males for participation in athletic activities. Kilgore accordingly denies young women the equivalent access to educational activities and opportunities that it provides to its male students.
16. Kilgore's disproportionate emphasis on opportunities for men is not isolated in the disparate residual affects of its disciplinary policy, but is also reflected in its funding of programs
4

Case 6:00-cv-00721-WMS Document 11 Filed 05/29/01 Page 5 of 10 PageID #: 35

and/or activities. All of the uniforms and equipment needed by the school's football players, for

instance, are provided to the young men by the school free ofcharge. The cheerleaders, on the other

hand, are only provi ded one uniform by the school and must purchase all other necessary equipment

themselves.

17. Plaintiff Susie Halbert had to purchase much of her daughter's cheerleading equipment

herself, although eyery male member of the football team was provided with all of their necessary

equipment, free of charge, by the school.

18. Due to their small budget, the cheerleaders are also forced to hold fundraisers to facilitate

the purchasing of markers, paper, and other supplies necessary to create the signs that are a well-

known part of student pep-rallies and other cheerleader-led school spirit-raising functions. This

funding disparity is also true for the drill team, another all female group that can be considered an

athletic activity. By forcing girls to pay for much of their own uniforms, equipment, and supplies,

Kilgore is excluding many girls who cannot afford to participate. Kilgore's male athletes do not

shoulder the same financial burden.

19. There lS no exception in Title IX or its regulations for football or other "revenue-

producing" sports. In enacting Title IX, Congress specifically rejected amendments to exempt

football or other "revenue-producing" sports. Kilgore could eliminate the disparity in participation

opportunities without detracting from male opportunities by increasing funding for women's

activities, such as cheerleading, for example.

20. To summarize, Defendant's denial ofequal educational opportunities for young women

has caused the following inequities in the opportunities and benefits received, as well as resources

distributed to the Halbert daughter:

a.

Inequitable participation opportunities brought about by the lack of equivalent

5

Case 6:00-cv-00721-WMS Document 11 Filed 05/29/01 Page 6 of 10 PageID #: 36
ramifications of the application of KISD's local policy and resulting disciplinary actions; and, b. Lack of equal uniforms, equipment, and supplies. 21. Kilgore Principal Robert Wheeley, KISD School Board members, and the KISD Superintendent Jerry B. Roberts have all been put on notice regarding the inequitable opportunities and benefits afforded to the Halbert daughter through Plaintiff s verbal communications and written correspondence, as well as a hearing held by the school board itselfto determine whether the Halbert daughter would be allowed to participate in cheerleader tryouts.
CLASS ACTION 22. Plaintiff, in her representational status, brings this class action pursuant to Federal Rule of Civil Procedure n(b)(2) & (3). She seeks class declaratory, monetary, and injunctive relief on behalf of all similarly situated female students attending school in Kilgore Independent School District who have experienced gender discrimination in extracurricular athletic activities. She seeks prospective injunctlve relief for the class to avoid such discrimination in the future. 23. The class is so numerous that joinder of all such individuals as parties plaintiff is impossible. There are common questions of law and fact common to the class. The claims of the class representatives are typical ofthose of the class. Further, this is a situation in which, because Kilgore is a small tc·wn where most residents know one another, few young girls are willing to come forward as plaintiffs because ofthe potential for retaliation for suing the school. 24. Maintaining this suit as a class action is the most efficient and economical way to vindicate the right to be free from sex discrimination. Plaintiffwill fairly and adequately protect the interests of the class, and her counsel has handled numerous class actions in the past.
6

Case 6:00-cv-00721-WMS Document 11 Filed 05/29/01 Page 7 of 10 PageID #: 37
CAUSE OF ACTION - TITLE IX 25. Title IX 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 p:ogram or activity receiving Federal financial assistance .... 20 U.S.C. § 1681(a). In the Civil Rights Restoration Act of 1987 (1988 Amendments), Congress made plain its intent that "program or activity," as used in Title IX, applies institution-wide to a public school system, "any part of which is extended Federal financial assistance ...." 20 U.S.C. § 1687. 26. The United States Department of Education and its predecessor agency have adopted regulations interpreting Title IX. These regulations are codified in 34 C.F.R. Part 106 (1991). 27. The regulations provide that a recipient of Federal financial assistance may not, on the basis ofsex, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination, under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives or benefits from Federal financial assistance. 34 C.F.R. § 106.31. 28. Defendant, as described above, has intentionally violated Title IX by willfully, knowingly, and deliberately discriminating against women students, including the Halbert daughter, in not providing an ~:qual opportunity for women to participate in athletic activities. Notwithstanding their ability to accommodate Miss Halbert through any number of reasonable alternatives, Kilgore failed to make such changes as would have caused their disciplinary policy to equally affect men and women's access to an educational opportunity. 29. The imbalance in the opportunities available and funds and other benefits provided for males students in athletic programs and/or activities, in relation to female students, when there exists
7

Case 6:00-cv-00721-WMS Document 11 Filed 05/29/01 Page 8 of 10 PageID #: 38
· .
clearly demonstrated inequities, shows Defendant's refusal to comply with Title IX. 30. Defendant's conduct also violates 34 C.F.R. §§ 106.31, 106.37, and 106.41. INJUNCTIVE RELIEF 31. Plaintiff and those similarly situated are entitled to injunctive relief to end Defendant's
unequal, discriminatory, and unlawful treatment. 32. Plaintiffs daughter and those similarly situated continue to be deprived of their rights
as guaranteed to them by the laws of the United States because of Defendant's acts and omissions. Failure to grant the injunctive relief requested will result in a substantial threat of irreparable harm to the class for whkh there is no remedy at law. This threatened harm far outweighs any possible harm the granting cf injunctive relief might cause to Defendant.
33. Finally, the injunctive relief sought would serve the public interest. It would prevent discrimination based on sex and promote the worthy goal of full equality before the law.
DECLARATORY RELIEF 34. This suit involves an actual controversy within the Court's jurisdiction, and the Court may declare the rights of Plaintiff on behalf of her minor daughter and the class under the Constitution and laws of the United States and grant such necessary and proper relief.
ATTORNEYS' FEES 35. Plaintdf and the class are entitled to recover attorneys' fees and costs pursuant to 42 U.S.C. § 1988.
JURY DEMAND 36. Plaintiff and the class demand a trial by jury on all issues so triable.
PRAYER FOR RELIEF THEREFORE, Plaintiff prays that this Court, on final hearing, enter judgment against
8

Case 6:00-cv-00721-WMS Document 11 Filed 05/29/01 Page 9 of 10 PageID #: 39
Defendant, as follows:
A. Certify this action as a class action;
B. Enter declaratory judgment that Defendant has deliberately and consciously discriminated against Plaintiff s daughter and the class on the basis of their sex in violation of Title IX and the regulations promulgated thereunder;
C. Pemlanently enjoin Defendant, its officers, agents, employees, successors in office, and Those persons in active concert with them from further discriminating against the Halbert daughter and the class, and require Defendant, immediately upon issuance of the Order, to provide equal opportunity for participation in athletic programs and/or activities for other girls free from sex discrimination, as required by Title IX, including, but not limited to:
(1) The provision of equal access to educational opportunities and benefits at Kilgore High School, including, but not limited to: the opportunity to participate in athletic programs or activities that similarly situated boys are given access to and equitable provisions of uniforms, equipment, and supplies; and
(2) Remedial action to overcome the effects of Defendant's sex-discriminatory practices and policies at Kilgore High School.
C. Enter judgment on behalf of the Plaintiff and the class for damages sufficient to compensate them for their injuries in the cause of action alleged against Defendant;
D. Order Defendant to pay reasonable attorneys' fees and costs; and,
E. Grant all other and additional reliefto which Plaintiff and the class may be entitled, at law or in equity.
Dated: May 21, 2001
James C. Harrington State Bar No. 09048500 Andrea M. Gunn State Bar No. 24027056
TEXAS CIVIL RIGHTS PROJECT 2212 E. Martin Luther King, Blvd.
9

Case 6:00-cv-00721-WMS Document 11 Filed 05/29/01 Page 10 of 10 PageID #: 40
Austin, Texas 78702-1344 Telephone: (512) 474-5073 Facsimile: (512) 474-0726
ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I certify tha-: on May 21, 2001, a true and correct copy of this document was forwarded via facsimile and U.S. Post, to counsel for Defendant, at his address:
Mr. Randall 1. Cook Hardy & Atherton One American Center, Suite 750 909 ESE Loop 323 Tyler, Texas 757, 1 903/561-8228 [facs mil
10

 
 Case 6:00-cv-00721-WMS Document 24 Filed 10/09/01 Page 1 o"-f' "1"'-P-'aFg"-e:I'-D,-.#-:--8~3---.-.....-..

EOO OCT10'01

u.s.

LED
DISTRICT COURT

EASTERN DISTRfCT OF TEXAS

!
IN THE UNITED STATES DISTRICT COUR[T
i FOR THE EASTERN DISTRICT OF TEXA$ TYLER DIVISION

OCT - 9 2001

SUSAN HALBERT, as next friend of her

§

daughter and those similarly situated,

§

Plaintiff,

§

VS.

§

§

KILGORE INDEPENDENT SCHOOL

§

DISTRICT,

§

Defendant.

§

CAUSE NQ 6:00CV721 JUDGE STEGER

ORDER GRANTING AGREED MOTION TO DISMISS

On this day, the Court considered Plaintiffs' Agreed Motion to Dismiss. The Court finds that

the motion is well taken and should be granted; it is, therefore,

ORDERED that the Plaintiffs' Motion to Dismiss is hereby in all respects GRANTED and

that the Kilgore Independent School District, Defendant, is hereby dismissed with prejudice. All

costs incurred herein are hereby taxed against the party incurring the same.

SIGNED this the q~ day of tf1!~.,-

,2001.

AND CONTENT:

UNITED STATES DISTRICT-IDDGE

Ms. Andrea M. Gunn State Bar No. 24027056 TEXAS CIVIL RIGHTS PROJECT 2212 Martin Luther King Blvd Austin, Texas 78702-1344 (512) 474-5073 • (512) 474-0726 (fax) Attorneysfor Plaintiff
ORDER GRANTING AGREED MOTION TO DISMISS

Randall J. Cook State BarNo. 04744660 John C. Hardy State Bar No. 08992500 HARDy & ATHERTON, P.C. 909 ESE Loop 323, Suite 750 Tyler, Texas 75701 (903) 561-8400 • (903) 561-8228 (fax) Attorneysfor Defendant
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 Case: 6:00-cv-00721 As of: 02/18/2014 12:26 PM CST 1 of 2
CLOSED,JURY,MEDJKG
U.S. District Court [LIVE] Eastern District of TEXAS (Tyler) CIVIL DOCKET FOR CASE #: 6:00−cv−00721−WMS

Halbert v. Kilgore ISD Assigned to: Judge William M. Steger Demand: $0 Cause: 42:1983 Civil Rights Act
Plaintiff
Susie Halbert As next friend of her daughter

Date Filed: 12/08/2000 Date Terminated: 10/09/2001 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by James C Harrington Oficina Legal del Pueblo Unido − Austin Texas Civil Rights Project 1405 Montopolis Drive Austin, TX 78741 512/474−5073 Fax: 15124740726 Email: jch@mail.utexas.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Kilgore ISD

represented by Randall Jay Cook Hardy Cook &Hardy, P.C. 2080 Three Lakes Parkway Tyler, TX 75703 903/561−8400 Fax: 9035618228 Email: randy@hardylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/08/2000
12/08/2000
12/08/2000 12/08/2000 02/01/2001 03/08/2001 03/09/2001
04/09/2001
04/12/2001

# Docket Text
1 Original Complaint filed. Cause: 42:1983 Civil Rights Act (former empl) (Entered: 12/08/2000)
Filing Fee Paid; FILING FEE $ 150.00 RECEIPT # 612312 (former empl) (Entered: 12/08/2000)
Summons(es) issued for Kilgore ISD (former empl) (Entered: 12/08/2000)
Demand for jury trial by Susie Halbert (former empl) (Entered: 12/08/2000)
2 Original Answer to complaint by Kilgore ISD (sealed) (Entered: 02/01/2001)
3 Notice of initial disclosure by Susie Halbert (mll) (Entered: 03/09/2001)
4 ORDER set scheduling conference for 10:00 4/27/01 before Judge William M. Steger (signed by Judge William M. Steger 3−08−01) cc:attys 3−13−01 (mll) (Entered: 03/13/2001)
5 Rule 26F Report filed by plaintiff Susie Halbert, defendant Kilgore ISD (mll) (Entered: 04/09/2001)
6 DOCKET CONTROL ORDER setting Join parties by 5/25/01; Amend pleadings by 8/31/01 for Kilgore ISD, for Susie Halbert; Identify trial witnesses by 9/14/01 for Kilgore ISD, for Susie Halbert; Discovery closes 8−17−01; Expert witness list by 7/27/01 for Kilgore ISD, 7/13/01 for Susie Halbert; Deadline for filing of all

Case: 6:00-cv-00721 As of: 02/18/2014 12:26 PM CST 2 of 2

05/04/2001 05/17/2001 05/23/2001 05/29/2001 05/29/2001 05/31/2001 07/05/2001 07/13/2001
07/13/2001 07/20/2001 07/24/2001 07/27/2001 08/03/2001
08/20/2001
08/20/2001 08/28/2001 08/28/2001 10/04/2001 10/09/2001
10/09/2001

dispositive motions 8/31/01 for Kilgore ISD, for Susie Halbert; Motions in limine due 9−28−01; All pretrial motions due 9−28−01; Pretrial order to be submitted on or before 10/3/01 for Kilgore ISD, for Susie Halbert; Jury selection and trial begins at 10:00 10/15/01; Jury instructions due by 10/3/01 for Kilgore ISD, for Susie Halbert; Deadline for parties to mediate 9−14−01; Length of trial will be no longer than 3 days ( signed by Judge William M. Steger 4−10−01) cc:attys 4−13−01 (mll) (Entered: 04/13/2001)
7 Notice of initial disclosure by Kilgore ISD (mll) (Entered: 05/04/2001)
8 Notice of additional disclosure by Kilgore ISD (mll) (Entered: 05/17/2001)
9 MOTION by Susie Halbert to amend [1−1] complaint (ehs) (Entered: 05/24/2001)
10 ORDER granting [9−1] motion to amend [1−1] complaint ( signed by Judge William M. Steger ) cc:attys 5−30−01 (mll) (Entered: 05/30/2001)
11 First Amended complaint by Susie Halbert , amending [1−1] original complaint (mll) (Entered: 05/30/2001)
12 Notice of first supplemental disclosure by Kilgore ISD (mll) (Entered: 05/31/2001)
13 Expert Witness list on the issue of attys' fees filed by Susie Halbert (mll) (Entered: 07/06/2001)
14 Notice of Deficiency regarding the Motion to certify the class submitted by plaintiff Susie Halbert . Correction should be made by 07−20−01 (mll) (Entered: 07/13/2001)
15 Motion by Susie Halbert with memorandum in support to certify class (mll) (Entered: 07/20/2001)
16 ORDER, setting mediation conference for 10:00 8/27/01 ( signed by Magistrate Judge Judith K. Guthrie ) cc all parties 7/20/01 (tln) (Entered: 07/20/2001)
17 MOTION by Kilgore ISD to extend time to respond to pltf's motion to certify class (mll) Modified on 07/25/2001 (Entered: 07/25/2001)
18 Response by Kilgore ISD to [15−1] motion to certify class (mjm) (Entered: 07/31/2001)
19 ORDER granting [17−1] motion to extend time to respond to pltf's motion to certify class, and extending time to file response to 7−27−01 ( signed by Judge William M. Steger 8−2−01) cc:attys 8−3−01 (mll) (Entered: 08/03/2001)
20 Notice of Deficiency regarding the Motion to extend deadlines submitted by plaintiff Susie Halbert . Correction should be made by 8−27−01 (mll) (Entered: 08/20/2001)
21 MOTION by Susie Halbert to extend time for discovery and dispositive motions (mll) (Entered: 08/23/2001)
22 Mediation Report filed by Magistrate Judge Judith K Guthrie. Mediation result: settled. (mll) (Entered: 08/28/2001)
Mediation conference held before Magistrate Judge Judith K. Guthrie (tln) (Entered: 09/06/2001)
23 MOTION by Susie Halbert, Kilgore ISD to dismiss (mll) (Entered: 10/04/2001)
24 ORDER granting [23−1] motion to dismiss, and dismissing with prejudice . All costs incurred herein are taxed against the party incurring the same ( signed by Judge William M. Steger ) cc:attys 10−10−01 (mll) (Entered: 10/10/2001)
Case closed (mll) (Entered: 10/10/2001)