Case 4:00-cv-01056-TCK Document 1 Filed in USDC ND/OK on 12/15/00 Page 1 of 17

-" ,

n

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

Kevin R. Pollard Sr., and Kimberly 1. Pollard,

)

as parents and next friend of their minor daughter, )

F I LED

Ashley N. Pollard; Jerry and Sherri Cruce,

)

as parents and next friend of their minor daughter, )

DEC 1 5 2000aJ

Shianne N. Cruce; Robert and Marcia Ailshie

)

as parents and next friend of their minor daughter, ) Jennifer Ailshie; Robert and Marcia Ailshie as )

CASE NO.

Puh.sil.

lombardi. CleQ
DISTRICT COURT

parents and next friend of their minor daughter )

Leasa Ailshie; and on behalf of all others

)

similarly situated,

)

)

Plaintiffs,

)

)

v.

)

)

INDEPENDENT SCHOOL DISTRICT #1 OF )

ROGERS COUNTY, OKLAHOMA a/k/a

)

0 be V 1056K I(J) CLAREMORE PUBLIC SCHOOLS;

)

1. MICHAEL MCCLAREN, in his official capacity)

assuperintendent;and~:::d~:~Ugh50,

CLASS ACTION

COMPLAINT The above-captioned Plaintiffs, as parents and next friend of their minor daughters, and on behalf of all others similarly situated ("Plaintiffs"), respectfully file this Complaint against Defendants, Independent School District #1 of Rogers County, Oklahoma, a/k/a Claremore Public Schools; 1. Michael McClaren, in his official capacity as Superintendent; and Does 1 through 50, and allege as follows:
STATEMENT OF THE CASE I. This action is posed as a class action for declaratory and injullctive relief brought on behalfoffemale students at Claremore Public Schools in Claremore, Oklahoma. Defendants have violated (I) Title IX ofthe Education Amendment ofl972, 20 U.S.C. §1681 et seq. ("Title IX") and the regulations adopted thereto, and (2) the Equal Protection Clause of the Fourteenth

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Amendment to the United States Constitution al1d 42 U.S.C. §1983, by illegally denying the female students at Claremore Public Schools (I) 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 discrimination against the named plaintiffs and all members ofthe class based solely on their gender. Specifically, as to unequal participation opportunities, Defendants have discriminated against female students at Claremore Public Schools in the accommodation of student interests and abilities in athletics by selecting and offering sports and/or levels of competition in a manner which discriminates against female students. Notwithstanding the significant number of female students at Claremore Public Schools 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 Claremore Public Schools' female students in the following areas: (1) funding ofathletics (2) equipment and supplies; (3) scheduling ofgames andlor practice times; (4) travel andlor meals; (5) opportunity to receive qualified coaching; (6) assignment and compensation of coaches; (7) provision of locker rooms and facilities for both practice and competition; (8) provision of training facilities and services and (9) publicity.
3. This action seeks to redress the deprivation of the named Plaintiffs' daughters' rights and the rights ofthe class to an eqnal opportunity to participate in interscholastic and other school-sponsored athletics 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 ofClaremore Public Schools' 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 oftheir discriminatory practices and to remedy the effects of their discriminatory conduct.
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4. Plaintiffs seek injunctive relief which, among other things, requires that Defendants sponsor and fund a sufficient number of additional athletic teams and/or levels of teams for female students to obtain meaningful participation opportunities which are comparable to those offered to male students enrolled at Claremore Public Schools.
5. Plaintiffs further seek injunctive reliefwhich requires that Defendants provide the girls' athletic teams at Claremore Public Schools with equal treatment and benefits as Claremore Public Schools already provides to its boys' athletic teams.
JURISDICTION AND VENUE 6. 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).
7. 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 l343(a)(4).
8. The third claim arises under the Equal Protection Clause 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).
9. Jurisdiction for declaratory and other relief is invoked pursuant to 28 U.S.C. §§ 2201 (a) and 2202.
10. Venue is proper pursuant to 28 U.S.C. §1391(b). These claims arose in Claremore, Oklahoma, which is within the jurisdiction of this Court.
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THEPARTJES II. Plaintiffs Kevin R. Pollard Sr., and Kimberly 1. Pollard are the parents ofAshley N. Pollard, a 15-year-old 10th grade student at Claremore Public Schools. Ashley 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. In addition, she has endured the unequal treatment and benefits directed by Claremore Public Schools toward their female athletes. The Pollards are residents ofClaremore, Oklahoma, which is within the jurisdiction of this Court. 12. Plaintiffs Jerry and Sherri Cruce are the parents ofShianne N. Cruce, a 15-yearold 10th grade student at Claremore Public Schools. Shianne is a talented athlete who participates in softball, basketball, and track. Her opportunities to participate in interscholastic and other school-sponsored athletics are not comparable to the opportunities afforded to boys who are similarly situated. In addition, she has endured the unequal treatment and benefits directed by Claremore Public Schools toward their female athletes. The Cruces are residents of Claremore, Oklahoma, which is within the jurisdiction of this Court. 13. Plaintiffs Robert and Marcia Ailshie are the parents ofJennifer Ailshie, a 15-yearold 10th grade student at Claremore Public Schools. Jennifer 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. In addition, she has endured the unequal treatment and benefits directed by Claremore Public Schools toward their female athletes. The Ailshies are residents of Claremore, Oklahoma, which is within the jurisdiction of this Court. 14. Plaintiffs Robert and Marcia Ailshie are the parents of Leasa Ailshie, a 13-yearold 8th grade student at Claremore Public Schools. Leasa is a talented athlete who participates in softball and basketball. Her opportunities to participate in interscholastic and other schoolsponsored athletics are not comparable to the opportunities afforded to boys who are similarly
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situated. In addition, she has endured the unequal treatment and benefits directed by Claremore Public Schools toward their female athletes. The Ailshies are residents ofClaremore, Oklahoma, which is within the jurisdiction of this Court.
15. Defendant Independent School DistrictNo. 1 ofRogers County, Oklahoma, alkla Claremore Public Schools, is a public school district authorized by Oklahoma law to operate and control Claremore Public Schools, where the Plaintiffs' daughters are students. Therefore, Claremore Public Schools' conduct is considered state action under 42 U.S.c. §1983. Defendant Claremore Public Schools is located in Claremore, Oklahoma, which is within the jurisdiction of this Court. Since the passage of Title IX, Claremore Public Schools has received and continues to receive federal financial assistance and the benefits therefrom. Therefore, all programs at Claremore Public Schools, including athletics, are subject to the requirements of Title IX.
16. Defendant J. Michael McClaren is the Superintendent of Schools at Claremore Public Schools. Mr. McClaren is a resident of the state of Oklahoma and thus is subject to the jurisdiction of this Court.
17. The named Plaintiffs are ignorant ofthe true names and capacities ofDoes I-50, but believe them to be employees of Claremore Public Schools or members of the Claremore Public Schools 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 ofthe State ofOklahoma and thus is subject to the jurisdiction of this Court.
CLASS ACTION ALLEGATIONS 18. The named Plaintiffs bring these claims on behalf oftheir minor daughters, and, pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure, for declaratory and
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injunctive relief, on behalfofall present and future female students enrolled at Claremore Public Schools who participate, seek to participate, or are deterred from participating in interscholastic andlor other school-sponsored athletics at Claremore Public Schools.
19. Each ofthe named Plaintiffs' daughters is a student at Claremore Public Schools and is an athlete who is subjected to Claremore Public Schools' wlequal treatment and benefits.
20. 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 Claremore Public Schools. Accordingly, Plaintiffs seek injWlctive relief requiring Claremore Public Schools to fund and sponsor girls' sports so that the interests and abilities of all female students at Claremore Public Schools are accommodated in a non-discriminatory marmet. Plaintiffs propose to represent all female students at Claremore Public Schools who wish to participate in any interscholastic and other school-sponsored athletics that are not funded and sponsored by Claremore Public Schools. In addition, Plaintiffs seek declaratory and injWlctive relief to remedy discrimination against current and future female athletes at Claremore Public Schools regarding their receipt of treatment and benefits which are not comparable to those received by the male athletes.
21. The class is so nwnerous that joinder ofall members is impractical. It is W1known how many of the current Claremore Public Schools female students or how many future Claremore Public Schools female students would seek to participate in interscholastic or other school-sponsored athletics if additional opportWlities 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.
22. There are many questions oflaw and fact common to the class, including: (a) whether female students at Claremore Public Schools are being deprived of equal opportunities to participate in interscholastic and other school-sponsored athletics, (b) whether female students
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at Claremore Public Schools are receiving unequal treatment and benefits in comparison to the male students at Claremore Public Schools, and (c) whether Defendants have been and are discriminating against girls in Claremore Public Schools' interscholastic and other schoolsponsored athletic programs in violation of Tille IX and the United States Constitution.
23. 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: (l) exclusion from opportunities to patiicipate in the interscholastic and other school-sponsored athletic programs at Claremore Public Schools and (2) receipt of unequal treatment and benefits in Clat·emore Public Schools' interscholastic or other school-sponsored athletic programs. These are typical ofthe types ofgender discrimination which members ofthe class have suffered, are suffering, and, unless this Court gratlts relief, will continue to suffer.
24. 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.
25. Defendants have acted or refused to act on grounds generally applicable to the class, thereby making appropriate final declaratory and injunctive reliefwith respect to the class as a whole.
GENERAL ALLEGATIONS THE REQUIREMENTS QF TITLE IX 26. Title IX, enacted in 1972, provides in relevant pati: No person in the United States shall, on the basis of sex, be excluded from patiicipation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal fina.tlcial 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
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of the public institution receives federal financial assistance. 20 U.S.C. § 1687. Thus, Claremore Public Schools is subject to Title IX even if none of the funding for either its girls' or boys' athletic programs comes specifically from federal sources.
27. 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. Part 106. (the "Regulations").
28. With regard to athletic programs, § 106.41(a) of 34 C.F.R. provides that interscholastic athletics are included within the "program or activity" requirements of Title IX:
No person shall, on tlle basis ofsex, be excluded from participation in, be denied the benefits of, be treated differently from anotller person or otherwise be discriminated against in any interscholastic, intercollegiate, club Or intramural athletics offered by a recipient.... 29. 34 C.F.R. § 106.41 (c) specifies ten (10) factors that are to be considered in the determination of equal athletic opportunity: I. 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.
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Another factor to be considered is a school's "failure to provide necessary funds for teams for one sex." Id.
30. In 1979, the Otlice of Civil Rights of the Department of Education ("OCR") issued a policy interpretation ofTitIe IX and the Regulations. This policy interpretation is found at 44 Fed. Reg. 71413 (1979) (the "Policy Interpretation").
31. The Policy Interpretation provides that, in order to comply with Title IX and 34 C.F.R. § 106.4 I (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 opportwlities (including both the number ofopportunities and whetllerthe 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.
32. According to the Policy Interpretation, compliance in the area of equivalent participation opportunities is to be determined by the following tJrree-part test:
(1) whether interscholastic and other school-sponsored atllletic participation I opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments; or (2) where the members ofone 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
'AltIlOUgh 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. 34 C.F.R. § 106.11. See also, 44 Fed. Reg. at 71413 which provides tIlat the Policy Interpretation's "general principles will often apply to ... interscholastic athletic programs which are also covered by tile Regulations."
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demonstrably responsive to the developing interest and abilities of the members of that sex; or (3) where the members ofone sex are tmderrepresented among interscholastic and other school-sponsored athletics and the institution Call1ot show a continning practice of program expansion such as that cited above, whether it can be demonstrated that the interests and abilities ofthe members ofthat sex have been fully and effectively accommodated by the present program. See 44 Fed. Reg. at 71418. 33. Under both the Regulations and the Policy Interpretation, compliance in the area of equal treatment and benefits is assessed based on all 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 ofwhether the necessary funds are provided for teams of both sexes. 34. The Regulations require that sponsors of interscholastic and other schoolsponsored athletics (such as Claremore Public Schools) 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, aIly remedial actions which Claremore Public Schools has taken in the past have been insufficient to satisfy Claremore Public Schools' obligations under Title IX. 35. The Regulations further require that sponsors ofinterscholastic and other schoolsponsored athletics comply with the Regulations within three years oftheir effective date (which was July 21, 1975). Now, more than twenty-five (25) yeaI's later, Claremore Public Schools has still not fully complied with Title IX.
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THE U.S. CONSTITUTION 36. The Fourteenth Amendment to the United States Constitution requires that a state shall not "deny to any person within its jurisdiction the equal protection of the laws." 37. Under 42 U.S.C. § 1983, Defendants may be held personally liable for their actions in violating Plaintiffs' daughters' rights under the Fow-teenth Amendment.
INJUNCTIVE RELIEF 38. Plaintiffs are entitled to injunctive relief to end Defendants' unequal, discriminatory, and unlawful treatment offemale student athletes. Because of Defendants' acts and omissions, Plaintiffs' daughters continue to be deprived ofthe 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 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 offull equality before the law.
ATTORNEYS' FEES 39. Plaintiffs have been required to retain the undersigned attorneys to prosecute this action. Plaintiffs are entitled to recover reasonable attomeys' fees and costs pursuant to 42 U.S.C. § 1988.
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FIRST CLAIM FOR RELIEF: TITLE IX (Unequal Participation Opportunities)
(Class action against Claremore Public Schools only) 40. Plaintiffs reallege and incorporate herein by reference paragraphs 1 through 39 inclusive of this Complaint. 41. By offering certain opportunities to male students to participate in interscholastic and other school-sponsored athletics, Claremore Public Schools has demonstrated its detennination that athletic opportunities provide educational benefits that should be supported by the school system. Plaintiffs agree with this detennination that athletic opportunities provide valuable educational benefits. For this very reason, Plaintiffs contend that their daughters - and all of the female students at Claremore Public Schools - should have equal access and opportunity to receive these same benefits that the male students at Claremore Public Schools already have. Claremore Public Schools historically has not provided and currently does not provide its female students with such equal access and opportunity. 42. Claremore Public Schools has violated Title IX by discriminating against female students at Claremore Public Schools, including the Plaintiffs' daughters, by among other things, failing to provide equal opportunities for females to participate in interscholastic and other school-sponsored athletics. 43. On infonnation and belief, Plaintiffs allege that Claremore Public Schools has failed to comply with each ofthe three (3) parts ofthe test for detennining the equal opportunity to participate in athletics under Title IX described in Paragraph 32 above. In particular, on infonnation and belief, Plaintiffs allege that:
(1) The ratio of female to male athletes at Claremore Public Schools is not substantially proportionate to the overall ratio offemale to male students at Claremore Public Schools.
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(2) Claremore Public Schools does not have a sufficient history or continuing practice of program expansion.
(3) Claremore Public Schools has failed to effectively accommodate the interests of the female students.
44. Female students have historically been and continue to be underrepresented in Claremore Public Schools' interscholastic and other school-sponsored athletic programs. Despite this underrepresentation and despite the interest and abilities ofthe female students to participate on additional athletic teams, Claremore Public Schools has failed to accommodate this and other interests.
45. Claremore Public Schools' conduct has persisted despite the mandates of the Regulations, particularly 34 C.F.R. §§ 106.3 (a) and 106.41(d).
46. Claremore Public Schools' 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.
SECOND CLAIM FOR RELIEF: TITLE IX (Unequal Treatment and Benefits)
(Class action against Claremore Public Schools only) 47. Plaintiffs reallege and incorporate herein by this reference paragraphs 1 through 46 inclusive of this Complaint. 48. Claremore Public Schools, by its conduct, has violated Title IX by discriminating against female students, including the Plaintiffs' daughters, by, among other things, failing to provide female athletes at Claremore Public Schools with the same treatment and benefits which are comparable overall to the treatment and benefits provided to male athletes. 49. On infonnation and belief, Plaintiffs allege that Claremore Public Schools has failed to comply with Title IX by failing to provide female atllietes with comparable treatment and benefits including, but not limited to, the following areas:
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(1) Claremore Public Schools funds interscholastic and other schoolsponsored athletics in a maimer that discriminates against female athletes.
(2) Claremore Public Schools provides male athletes with newer equipment and supplies that are of better quality than those provided to female athletes.
(3) Claremore Public Schools unfairly discriminates against female athletes in the scheduling of their gaJlle andlor practice times.
(4) Female athletes are discriminated against in regard to meals andlor travel both to gaJlles and to practice sites.
(5) Female athletes have fewer opportunities to receive coaching because several ofClaremore Public Schools' female teams have more players per coach than the male teaJlls.
(6) Claremore Public Schools selects coaches for female athletic teaJlls with less care alld attention thM for male athletic teaJlls. As a result, the coaches of the female athletic teaJlls often have less expertise thM the coaches of the male athletic teaJlls.
(7) Claremore Public Schools compensates coaches for the girls' Md boys' teaJlls in a maJ1ner which discriminates against female athletes.
(8) Claremore Public Schools supplies superior locker rooms, practice facilities, and competition facilities to boys as compared to girls.
(9) The provision of training facilities and services are inequitable in that the male athletes have superior access to these facilities and services, while the female athletes have limited access to these facilities and services.
(10) Claremore Public Schools consistently provides less publicity for its female athletic teaJlls thM for its male athletic teaJlls.
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50. The gross imbalance in the treatment of female and male athletes at Claremore Public Schools, as detailed above, demonstrates Claremore Public Schools' failure to comply with Title IX.
51. Claremore Public Schools' conduct has persisted despite tlle mandates of the Regulations, particularly 34 C.F.R §§ I 06.3 (a) and 106.4I(d), and the Policy Interpretation.
52. Claremore Public Schools' 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 tIlereof.
THIRD CLAIM FOR RELIEF: EQUAL PROTECTION (Class action against all Defendants)
53. Plaintiffs reallege and incorporate herein by this reference paragraphs I tlrrough 52 inclusive oftllis Complaint.
54. Defendants, by ilieir (I) 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 illegally discriminated against female students, including the named Plaintiffs' daughters, on the basis ofgender, and have illegally deprived them oftheir rights to equal protection secured by the Fourteenili Amendment to ilie United States Constitution.
55. Defendants have refused to sponsor additional participation opportunities for female aililetes. Defendants have failed and refused to remedy the unequal treatment and benefits received by Claremore Public Schools' female athletes. Defendants' actions constitute an illegal disregard for Plaintiffs' daughters' constitutional rights.
56. 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 tile United States or
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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.... 57. 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, the Defendants are liable for their violations 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 reliefon behalf
of all present and future female students at Claremore Public Schools who participate, seek to participate, or are deterred from participating in interscholastic and/or other school-sponsored athletics at Claremore Public Schools. 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. 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
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issuance ofthe 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, (I) allowing female students the equal opportunity to participate in interscholastic and other school-sponsored athletics, 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 request in C above. E. Award Plaintiffs their reasonable attorneys' fees and costs pursuant to U.S.C. § 1988. F. Order such other and further relief as the Court deems appropriate. G. Designate that the trial take place before the U.S. District Court in Tulsa, Oklahoma.

Dated: a-Is- 6<...>

Respectfully submitted,
SCHILLER LAW FIRM
/: /~
SA UELJ. SCH P. O. Box 159 Haskell, OK 74436 (918) 482-5942 (918) 482-1264 (Fax)

CLAREMORE[I]COMPLAlNT

RAY VASSER, OBA #009944 University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104 (918) 631-2442
Attorneys for Plaintiffs
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 Case 4:00-cv-01056-TCK Document 2 Filed in USDC ND/OK on 01/09/01 Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA

F I LED

KEVIN. POLLARD, SR., ET AL

)

)

Plaintiff{s) ,

)

)

VS.

)

)

INDEPENDENT SCHOOL DISTRICT NO.1, )

ROGERS COUNTY, OKLAHOMA, ET AL

)

)

Defendant{s) .

JAN -92001
Phil Lomb . u.s. D/STRM1" Clerk
COURT
Case No. OO-C-1056-K

SETTLEMENT CONFERENCE ORDER

The following are mandatory guidelines for the parties in preparing for the settlement conference.

1.

PURPOSE OF CONFERENCE: The purpose of the settlement conference is to permit an informal

discussion between the attorneys, parties, non-party indemnitors or insurers, and the settlement jndge of every aspect

of the lawsuit. This edncational process provides the advantage ofpermitting the settlement judge to privately express

his or her views concerning the parties' claims. The settlement judge may, in her discretion, converse with the

lawyers, the parties, the insurance representatives or anyone of them outside the hearing of the others. Ordinarily,

the settlement conference provides the parties with an enhanced opportunity to settle the case due to the assistance

rendered by the settlement jndge.

2.

FULL SETTLEMENT AUTHORITY REOUIRED: In addition to counsel who will try the case, a

person with full settlement authority must be present for the conference. This requires the presence of your client or,

if a corporate entity, an authorized representative of your client, who is not a lawyer who has entered an appearance

in the case. A business decision-maker with a law degree, who has not entered an appearance, may be the designated

person with authority.

For a defendant, such representative must have final settlement authority to commit the company to pay, in the representative's discretion, a settlement amount recommended by the settlement judge up to the plaintiff's prayer (excluding punitive damage prayers in excess of $100,000.00) or up to the plaintiff's last demand, whichever is lower.

For a plaintiff, such representative must have final authority, in the representative's discretion, to authorize dismissal of the case with prejudice, or to accept a settlement amount recommended by the settlement judge down to the defendant's last offer.

The purpose of this requirement is to have representatives present who can settle the case during the course of the conference without consulting a superior.

3.

EXCEPTION WHERE BOARD APPROVAL REQUIRED: If Board approval is required to authorize

settlement, attendance of the entire Board is requested. The attendance of at least one sitting member of the Board

(preferably the Chairman) is absolutely required.

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4.

APPEARANCE WITHOUT CLIENT PROIDBITED: Counsel appearing without their clients (whether

or not you have been given settlement authority) will cause the conference to be canceled and rescheduled. Counsel

for a government entity may be excused from this requirement upon proper application under Local Court Rule

16.3(H).

5.

AUTHORIZED INSURANCE REPRESENTATIVE(S) REOUIRED: Any insurance company that (1)

is a party. (2) can assert that it is contractually entitled to indemnity or subrogation out of settlement proceeds. or (3)

has received notice or a demand pursuant to an alleged contractual requirement that it defend or pay damages, if any,

assessed within its policy limits in this case, must have a fully authorized settlement representative present at the

conference. Such representative must have final settlement authority to commit the company to pay, in the

representative's discretion, an amount recommended by the settlement judge within the policy limits.

The purpose of this requirement is to have an insurance representative present who can settle the outstanding claim or claims during the course of the conference without consulting a superior. An insurance representative authorized to pay, in his or her discretion, up to the plaintiff's last demand will also satisfy this requirement.

6.

ADVICE TO NON-PARTY INSURANCE COMPANIES REOUIRED: Counsel of record will be

responsible for timely advising any involved non-party insurance company of the requirements of this order.

7.

PRE-CONFERENCE DISCUSSIONS REOUIRED: The attorneys are directed to discuss settlement with

their respective clients and insurance representatives, and opposing parties are directed to discuss settlement so the

parameters of settlement have been explored well in advance of the settlement conference.

By (Not applicable) plaintiff must tender a written settlement offer to defendant and the assigned settlement judge. If the plaintiff makes a settlement demand that involves no compromise and requires complete capitulation on the part of the defendant(s). this will be taken as an indication that the plaintiff is unlikely to participate in good faith settlement discussions, and the court or the assigned settlement judge may respond by striking the settlement conference setting.

By (Not applicable) each defendant must make and deliver a written response to plaintiff and the assigned settlement judge. That response may either take the form of a written substantive offer, or a written communication that a defendant declines to make any offer. If the defendant declines to make any offer, this will be taken as an indication that the defendant is unlikely to participate in good faith settlement discussions, and the court or the assigned settlement judge may respond by striking the settlement conference setting.

Silence or failure to communicate as required is not itself a form of communication which satisfies these requirements. The assigned trial judge will be advised when a settlement conference is reset or stricken.

8.

SETTLEMENT CONFERENCE STATEMENT REOUIRED: One copy of each party's settlement

conference statement, must be submitted no later than January 12, 2001, directly to UNITED STATES

MAGISTRATE JUDGE CLAIRE V. EAGAN, U.S. Courthouse, 333 W. 4th Street, Tulsa, OK, 74103. They must

not be filed.

Your statement should set forth the relevant positious of the parties concerning factual issues, issues oflaw, damages, and the settlement negotiation history of the case, including a recitation of any specific demands and offers that may have been conveyed. Copies of your settlement conference statement are to be promptly transmitted to all counsel of record.

The settlement conference statement may not exceed five (5) pages in length and will not be made a part of the case file. Lengthy appendices should not be submitted. Pertinent evidence to be offered at trial should be brought to the settlement conference for presentation to the settlement judge if thought particularly relevant.

Case 4:00-cv-01056-TCK Document 2 Filed in USDC ND/OK on 01/09/01 Page 3 of 4

9.

CONFIDENTIALITY STRICTLY ENFORCED: Neither the settlement conference statements nor

communications of any kind occurring during the settlement conference can be used by any party with regard to any

aspect of the litigation or trial of the case. Strict confidentiality shall be maintained with regard to such

communications by both the settlement judge and the parties.

10. CONTINUANCES ARE DISCOURAGED: As settlement conferences require the reservation of large blocks of time, and the administrative burden of rescheduling one is significant, applications for continuance of the settlement conference are discouraged. However. these considerations are outweighed if the settlement conference. as set. will result oniy in wasted effort. When this becomes apparent, counsel are urged to immediately advise the office of the assigned magistrate judge of the perceived difficulty, so that appropriate action may be taken. An application to reschedule the settlement conference for the convenience of any party will ordinarily not be entertained unless such application is submitted to the settlement conference judge in writing at least seven (7) days prior to the scheduled conference. Any such application must contain both a statement setting forth a good reason for a continuance and a recitation of whether or not the continuance is opposed by any other party.

11. SETTING: The settlement conference is set before MAGISTRATE JUDGE CLAIRE V. EAGAN, on January 19,2001 at 10:30 a.m., in Tulsa, Oklahoma. Parties should report to:

U.S. Courthouse Courtroom #2, 3rd Floor 333 W. 4th Street Tulsa, OK 74103

12. NOTIFICATION OF PRIOR SETTLEMENT REOUIRED: In the event a settlement between the parties is reached before the settlement conference date, parties are to notify the settlement judge immediately.

13. CONSEOUENCES OF NON-COMPLIANCE: Upon certification by the Settlement Judge of circumstances showing non-compliance with this order, the assigned trial judge may take any corrective action permitted by law. Such action may include contempt proceedings and/or assessment of costs, expenses and attorney fees, together with any additional measures deemed by the court to be appropriate under the circumstances.

Dated January 9, 2001.

PHIL LOMBARDI, COURT CLERK UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OKLAHOMA

By:

cc: ALL COUNSEL OF RECORD

Case 4:00-cv-01056-TCK Document 2 Filed in USDC ND/OK on 01/09/01 Page 4 of 4

Chambers of CLAIRE V. EAGAN United States Magistrate Judge

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OKLAHOMA 333 West Fourth Street, Room 3355 United States Courthouse TULSA, OKLAHOMA 74103
January 9, 2001

(918) 699-4795 FAX, (918) 699-4794

RE: Case No.: Styled:

00-C-1056-K KEVIN. POLLARD, SR., ET AL v. INDEPENDENT SCHOOL DISTRICT NO.1, ROGERS COUNTY, OKLAHOMA, ET AL

Counsel of Record:

Attached you will find the settlement conference order in the above-styled case. The order sets forth the court's policies with regard to continuances, the requirement of full settlement authority, and pre-conference offers. Please review it carefully.

Very truly yours,

CLAIRE V. EAGAN, U.S. MAGISTRATE JUDGE
BY:~

f

Deputy

CVE:jm

 
 Case 4:00-cv-01056-TCK Document 7 Filed in USDC ND/OK on 03/23/01 Page 1 of 3

/

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

KEVIN R. POLLARD SR., and

)

KIMBERLY L. POLLARD, as Parents and )

Next Friend of their Minor Daughter,

)

ASHLEYN. POLLARD; JERRY and

)

SHERRI CRUCE, as Parents and Next

)

Friend of their Minor Daughter, SHIANNE )

N. CRUCE; ROBERT and MARCIA

)

AILSHIE, as Parents and Next Friend of

)

their Minor Daughter, JENNIFER

)

AILSHIE; ROBERT and MARCIA

)

AILSHIE, as Parents and Next Friend of

)

their Minor Daughter, LEASA AILSHIE;

)

and on behalf of all others similarly situated, )

)

Plaintiffs,

)

)

v.

)

)

INDEPENDENT SCHOOL DISTRICT #1 )

OF ROGERS COUNTY, OKLAHOMA

)

a/k/a CLAREMORE PUBLIC SCHOOLS; )

1. MICHAEL MCCLAREN, in his official )

capacity as Superintendent; and Does I

)

through 50,

)

)

Defendants.

)

)

U FILEDj) MAR 23 200t
Puh.si.l LDo/SmrAb/aefTd''e'OCUleRrTk
I CASE NO. 00-CV-I056-K (J)
CLASS ACTION
ENTERED ON DOCKET
DATE 3-;;<le -Ot

JOINT STIPULATION OF DISMISSAL
WITH RESERVATION OF JURISDICTION IN THE COURT TO ENFORCE THE SETTLEMENT AGREEMENT

Pursuant to Rule 41(a) ofthe Federal Rules of Civil Procedure, the Plaintiffs, Kevin

R. Pollard, Sr., and Kimberly L. Pollard, as Parents and Next Friend oftheir Minor Daughter,

Ashley N. Pollard; Jerry and Sherri Cruce, as Parents and Next Friend of their Minor

Daughter, Shiarme N. Cruce; Robert and Marcia Ailshie, as Parents and Next Friend oftheir

Case 4:00-cv-01056-TCK Document 7 Filed in USDC ND/OK on 03/23/01 Page 2 of 3
Minor Daughters, Jennifer and Leasa Ailshie, hereby stipulate with the Defendants, Independent School District No. 1 of Rogers County also known as Claremore Public Schools and Michael McClaren, that this action shall be dismissed with prejudice subject to a reservation of jurisdiction in the District Court to enforce the Settlement Agreement in accordance with the terms ofthe Agreement filed in this matter and approved by the parties, their counsel, and the Court.
yJ
Dated this )3 day of March, 2001.
Respectfully submitted,
Samuel J. Schiller, Ray Yasser, OB #009944 SCHILLER LAW FIRM Post Office Box 159 Haskell, OK 74436 (918) 482-5942 Telephone (918) 482-1264 Facsimile Attorneys for Plaintiffs
Karen L. Long, OBA #5510 ROSENSTEIN, FIST & RINGOLD 525 South Main, Suite 700 Tulsa, Oklahoma 74103-4500 Voice (918) 585-9211 Facsimile (918) 583-5617 -And-
-2-

Case 4:00-cv-01056-TCK Document 7 Filed in USDC ND/OK on 03/23/01 Page 3 of 3
, '
Stratton Taylor, OBA #10142 Darrell W. Downs, OBA #12272 TAYLOR, BURRAGE, FOSTER, MALLETT,
DOWNS & RAMSEY 400 West Fourth Street P. O. Box 309 Claremore, Oklahoma 74018-0309 Voice (918) 343-4100 Facsimile (918) 343-4900 ATTORNEYS FOR DEFENDANTS EXCEPT DOES 1 THROUGH 50
-3-

 
 Case 4:00-cv-01056-TCK Document 8 Filed in USDC ND/OK on 03/30/01 Page 1 of 2

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

KEVIN R. POLLARD SR., and

)

KIMBERLY 1. POLLARD, as Parents and )

Next Friend of their Minor Daughter,

)

ASHLEYN. POLLARD; JERRY and

)

SHERR! CRUCE, as Parents and Next

)

Friend of their Minor Daughter, SHIANNE )

N. CRUCE; ROBERT and MARCIA

)

AILSHIE, as Parents and Next Friend of

)

their Minor Daughter, JENNIFER

)

AILSHIE; ROBERT and MARCIA

)

AILSHIE, as Parents and Next Friend of

)

their Minor Daughter, LEASA AILSHIE;

)

and on behalf of all others similarly situated, )

)

Plaintiffs,

)

~

)

)

INDEPENDENT SCHOOL DISTRICT #1 )

OF ROGERS COUNTY, OKLAHOMA

)

alk/a CLAREMORE PUBLIC SCHOOLS; )

1. MICHAEL MCCLAREN, in his official )

capacity as Superintendent; and Does 1

)

through 50,

)

)

Defendants.

)

)

)

(1)/ CASE NO. OO-CV-1 056-K
CLASS ACTION
FILED
MAR J 0 2001~
Phil lombard' U.S. DISTRICT/'CClerk
OUAT

ORDER FOR CLASS ACTION CERTIFICATION

After consideration ofthe question ofClass Action Certification, the Court finds that

Plaintiffs have met all ofthe applicable requirements ofFed. R. Civ. Proc. 23(a) and that the

class is properly certified under Fed. R. Civ. Proc. 23(b)(2). Based upon the foregoing, and

good cause appearing therefore, the Court finds that the case should proceed as a Class

Action case and that the class should be defined as stated below.

It is, therefore, hereby ORDERED that the above-captioned action is certified as a

class defined as follows:

Case 4:00-cv-01056-TCK Document 8 Filed in USDC ND/OK on 03/30/01 Page 2 of 2

All present and future female students enrolled at Claremore Public Schools who participate, seek to participate, or are deterred from participating in interscholastic and other schoolsponsored athletics at Claremore Public Schools.

It is further ORDERED that Plaintiffs need not provide any formal notice to any

members ofthe certified class.

~~ Dated: .47~c.A.;l '1( 'h1? I ~~Fl G-t-

,

TERRY C.

, CHIEF JUDGE

UNITED ST TES DISTRICT COURT

APPROVED AS TO FORM:

Samuel J. Schiller BA #016067 Ray Yasser, OB #009944 SCHILLER LAW FIRM Post Office Box 159 Haskell, OK 74436 (918) 482-5942 Telephone ATTORNEYS FOR PLAINTIFFS

~ ~...,. ~~

Karen 1. Long, ROSENSTEIN,

OBA FIST

#&55R10INGOL~

525 South Main, Suite 700

Tulsa, Oklahoma 74103-4500

(918) 585-9211 Telephone

-And-

Stratton Taylor, OBA #10142

Darrell W. Downs, OBA #12272

TAYLOR, BURRAGE, FOSTER, MALLETT,

DOWNS & RAMSEY

400 West Fourth Street

P. O. Box 309

Claremore, Oklahoma 74018-0309

(918) 343-4100 Telephone

ATTORNEYS FOR DEFENDANTS

EXCEPT DOES 1 THROUGH 50

-2 -

 
 Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 1 of 16

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

KEVIN R. POLLARD SR., and

)

KlMBERLY L. POLLARD, as Parents and )

Next Friend of their Minor Daughter,

)

ASHLEY N. POLLARD; JERRY and

)

SHERR! CRUCE, as Parents and Next

)

Friend oftheir Minor Daughter, SHIANNE )

N. CRUCE; ROBERT and MARCIA

)

AILSHIE, as Parents and Next Friend of

)

their Minor Daughter, JENNIFER

)

AILSHIE; ROBERT and MARCIA

)

AILSHIE, as Parents and Next Friend of

)

their Minor Daughter, LEASA AILSHIE;

)

and on behalf of all others similarly situated, )

)

Plaintiffs,

)

)

v.

)

)

INDEPENDENT SCHOOL DISTRICT #1 )

OF ROGERS COUNTY, OKLAHOMA

)

a/k/a CLAREMORE PUBLIC SCHOOLS; )

1. MICHAEL MCCLAREN, in his official )

capacity as Superintendent; and Does 1

)

through 50,

)

)

Defendants.

)

)

FILED
MAR 3 0 200tS1=-
Phil lombardi, Clerk U.S. DISTRICT COURT
CASE NO. 00-CV-I056-K(J)) CLASS ACTION

SETTLEMENT AGREEMENT

This Settlement Agreement is entered into by and between the Plaintiffs, Kevin R.

Pollard Sr. and Kimberly L. Pollard, as parents and next friend of their minor daughter,

Ashley N. Pollard; Jerry and Sherri Cruce, as parents and next friend oftheir minor daughter,

Shianne N. Cruce; Robert and Marcia Ailshie, as parents and next friend of their minor

daughters, Jennifer and Leasa Ailshie, individually and in their capacity as representatives

ofa class of individuals designated as, "[A]ll present and future female students enrolled at

q

Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 2 of 16
Claremore Public Schools who participate, seek to participate, or are deterred from participating in interscholastic and other school-sponsored athletics at Claremore Public Schools" (the "Class") and the Defendants, Independent School District No.1 of Rogers County (hereafter "School District" or "Claremore"), and Defendant J. Michael McClaren ("McClaren"), in his official capacity as Superintendent. No John Doe Defendants were named during the course of this litigation and no additional Defendants will be named as parties to this case.
WHEREAS, Plaintiffs have sued Claremore with respect to their claims that it has violated Title IX ofthe Education Amendments of 1972 and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and have contended that School District has denied female students an equal opportunity to participate in interscholastic and other school-sponsored athletics and have denied equal treatment and benefits that should accompany equal participation opportunities;
WHEREAS, School District and McClaren denied Claremore's violations ofTitle IX and have contended that the District's sports program is responsive to the interest of girls in school sports and have contended in their Answer that female students have participation opportunities and treatment and benefits that are equivalent to those available to male students;
WHEREAS, the parties to this Agreement concur that the School District is bound by the requirements ofTitle IX ofthe Education Amendments of 1972 and the parties have jointly agreed, through their designated representatives, that the interests of the District's
-2-

Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 3 of 16
students (male and female) are best served by reaching agreement regarding the manner in which the District will comply with Title IX;
WHEREAS, the parties concur that increasing participation opportunities, combined with affording equal treatment and benefits to female students, is essential to Title IX compliance and that 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;
WHEREAS, Plaintiffs and School District believe that they can work together to achieve the goal ofequal opportunities for female athletes as well as corresponding treatment and benefits; and
WHEREAS, this Agreement is neither an admission ofIiabiIity by the School District nor an admission by Plaintiffs ofthe District's compliance - but represents a mutual intention to move forward with the further development ofSchool District's sports program for female athletes that complements the program available to male athletes with respect to participation opportunities and treatment and benefits available to participants.
NOW THEREFORE, intcndingto bc legally bound hereby, the parties agree to settle this matter as set forth below.
1. Claremore agrees to comply with the general mandates of Title IX, its Regulations, and its Interpretive Guidance.
2. Claremore shall offer interscholastic volleyball at grade levels 7-12 on or before Fall 2002. The District's obligation, in this regard, is conditioned upon the District's identification of a minimum of 13 students at the middle school level and/or a minimum of
-3 -

Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 4 of 16
13 students at the high school level who will participate in volleyball. Fall 2001 the District shall establish a program of intramural volleyball for grades 7-12. The implementation of interscholastic volleyball at any grade level releases the District from providing an intramural volleyball opportunity at that grade level. Additionally, a ninth grade fast pitch softball team will be established for the 200 1-2002 school year ifa minimum ofthirteen (13) students shall demonstrate their genuine commitment to participating on a ninth grade team. The District agrees to engage in the active promotion of sports participation opportunities available to girls and active promotion ofthe dates for tryouts for various sports. The District's addition ofnew sports shall include the assignment ofcoaches and related compensation in a genderneutral fashion.
3. Claremore conducted a student sports interest survey for 2000-2001. The District shall conduct a similar survey of sports in 2002-2003 and no less than every three years after the 2002-2003 school year. The survey shall serve as an aid in determining the interest offemale students in school-sponsored sports and may be conducted more frequently if the school chooses to do so. The survey shall be one of several tools utilized by the District in assessing the extent to which its athletic program is responsive to student interest. Other tools which the District may utilize include the professional opinion of the District's coaching staff, parental and student comment, information regarding sports activities that are prominent in the surrounding community, the effect of potential new sports on existing school-sponsored sports opportunities for girls, and similar information. The School District shall utilize this information to determine whether new sports should be offered to female students or whether additional teams involving existing sports should be added. The
-4-

Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 5 of 16
District's review of its existing sports program and the extent to which it effectively accommodates girls' interest in sports should be an ongoing process involving the District's continuous monitoring of the opportunities for girls to participate in sports, combined with ensuring that the sports offered are responsive to girls' interest in sports.
4. The School District agrees to establish a system for accounting for revenues and expenditures for male and female sports. A revenue and expenditure report shall be available from the School District, upon written request, within twenty (20) working days following the closure ofthe District's fiscal year (June 30th) which shall show for each sport the amount expended and any revenues received by the District with respect to the sport. The Title IX Compliance Officer or the District's Treasurer, as designated by the School District, shall be responsible for maintaining copies of the revenue and expenditure report for purposes of inspection and photocopying. An individual requesting copies of this information shall pay the District's customary costs for public records. An individual may also choose to inspect records and may do so in accordance with the provisions of the Oklahoma Open Records Act which includes the right to inspect public records. Sources of revenues and expenditures shall include, but not be limited to, general fund revenues, booster club donations, and other third-party donations or payments. The District agrees that it has the responsibility to equitably support boys' and girls' sports.
s. The School District shall select coaches for all teams (male and female) using
the same criteria and with the same motivation to attract qualified and skilled coaches. Plaintiffs acknowledge that not all sports, teams or schools are able to attract equally qualified coaches. However, the School District must utilize a gender-neutral system for
-5-

Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 6 of 16
attracting coaches for all of its teams and in determining the ratio of student athletes to coaches. Likewise, gender-neutral procedures must be used with respect to publicizing openings, interviewing candidates, and selecting coaching candidates for girls' and boys' teams. Similarly, if the District chooses to use lay or volunteer coaches, it must afford the opportunity for additional coaching without regard to gender. Coaches, with respect to the scheduling of games, shall schedule a full slate of competition opportunities for teams and shall notity the District's Athletic Director, in writing, regarding any circumstances reSUlting in a reduced competition schedule. The parties seek, through this provision, to emphasize the importance of assigning experienced and qualified coaches in a gender-neutral manner, and doing so in a fashion which does not treat female and male sports differently because of the gender of the team members.
6. The School District's coaches are paid extra duty compensation based on a negotiated agreement between the District and the employee organization which represents Claremore's certified employees. The District shall submit the issue of coaching compensation as an item for negotiation for the 2001-2002 school year with the certified collective bargaining representative for the purpose of ensuring that the compensation of coaches of male and female teams is based on objective factors related to the sport and not on gender. Any changes to the compensation ofcoaches shall be effective for coaching assignments for the 2001-2002 school year.
7. The schedule for basketball games shall be based on gender-neutral factors. This is not an issue when junior varsity boys and girls compete at the same time in different gyms or where competition is scheduled at non-school locations. To the extent varsity games
-6-

Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 7 of 16
are traditionally scheduled to require girls to play just prior to boys, the District shall, in detennining the basketball schedule, schedule games in a gender-neutral manner, taking into consideration gender-neutral factors.
8. School District shall provide male and female students access to the School District's weight rooms on a gender-neutral basis. The weight rooms shall be equipped with weights appropriate for female athletes and equipment appropriate for strength and conditioning for female athletes. The weight rooms shall, in addition to other weights, include dumbbell weights in minimum ranges ofthree to twenty-one pounds. Students shall be treated equivalently with respect to instruction relating to a weightlifting program applicable to the student's fitness goals or sports in which the student participates. The District shall during the 2001-2002 school year provide in-service training for coaches of female teams related to strength and conditioning training for female athletes. The District shall repeat this training annually for the school years 2002-2003 and 2003-2004.
9. The School District shall provide equipment and supplies to female athletes that are oflike quality to equipment and supplies provided to School District's male athletes. Additionally, School District shall ensure that replacement equipment is provided and existing equipment reconditioned on a gender-neutral basis. Volleyball standards shall be added to the High School's gym by the start ofthe 2002-2003 school year to coincide with the District's implementation of interscholastic volleyball at grades 9-12 by that deadline.
10. Plaintiffs, and the Class Members whom they represent, agree, with respect to uniforms, equipment, and supplies, to promptly notifY the Athletic Director, Title IX Compliance Officer or the Superintendent in writing ofany instance where they have formed
-7-

Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 8 of 16
a beliefthat equipment, supplies, or uniforms fall short ofTitle IX requirements. This shall include equipment, supplies, or uniforms which Plaintiffs believe are the responsibility ofthe District to provide to female athletes and which Plaintiffs have concluded are routinely provided to male teams or athletes. Plaintiffs' notification to the Athletic Director or the Superintendent shall include the facts underlying their beliefthat female students have been treated unfairly with respect to these areas and that any disparity in treatment is based on gender. Plaintiffs may accomplish this by utilizing the District's grievance procedure applicable to claims of discrimination but are not required to do so.
11. The District currently provides off-season training opportunities for students not, at the time, engaged in an in-season sport. The District shall make off-season training available to students in a manner that extends the same opportunities to male and female students.
12. 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 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. The District may consider in granting or denying travel privileges travel distance, cost, supervision, impact on instruction and similar factors - so long as the criteria is applied in a non-discriminatory manner.
-8-

Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 9 of 16
13. Claremore shall provide comparable athletic facilities for male and female athletes. Facilities shaH be available to student athletes on a gender-neutral basis. Claremore shall ensure that girls' and boys' teams have equivalent dressing and locker room facilities. Likewise, School District shall ensure that female athletes have access to their coaches equivalent to that enjoyed by male athletes.
14. The parties have toured the District's athletic facilities for the purpose of identifying modifications to facilities which are necessary to ensure that the District's athletic facilities assigned to female athletes are equivalent to those available to male athletes. The District currently utilizes baseball and softball fields owned and operated by the City of Claremore.
15. The District shall place an item on the next available bond issue (April 2001), for a vote ofqualified electors, providing facilities for softball which shall include a softball field and customary field improvements including lighting, and related construction to include a press box, concession area, locker/dressing room area, public restrooms, and storage. The District shall, at its discretion, include the District's tennis courts as a part of the athletic program package to be submitted to the community's eligible voters.
16. Should the April 200 I bond issue fail, with respect to the softball field and related complex, the District shall continue to include the field and related complex, or such part of the complex as remains uncompleted at the time of new bond elections, as a part of future bond elections until the softball field and the related construction is complete.
17. In order to begin immediately on the construction of the softball field the District agrees to commit $20,000.00 toward the construction ofa competition ready softball
-9-

Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 10 of 16
field. In the event the bond issue is unsuccessful, the District shall fund and construct the field and related areas in the following phases:
a. Phase 1 with a target completion date ofAugust 200 I: A competition ready field which shall include appropriate surface work, chain link fence, back stops, in-field, bleachers which may be aluminum, at the School District's discretion, or ofhigher quality to accommodate a minimum of200 individuals, basic dug-outs, and score board.
b. Phase 2 with a target completion date of August 2002: Construction consisting of concession area, press box, and public restrooms.
c. Phase 3 with a target completion date ofAugust 2003: Softball field lighting, locker dressing area, storage, and enhancement of dug-outs.
18. Plaintiffs acknowledge the importance of private fundraising efforts to the District's ability to provide participation opportunities and enhanced benefits ofparticipation to athletes. Plaintiffs' efforts to engage in fundraising shall be subject to the same standards and guidelines as those applied to other donors and donor organizations. In the event Plaintiffs raise revenues they shall not be applied as an off-set to the District's financial commitment set out in paragraph 17 above.
19. School District agrees to publish to students, as a part of the Student Handbook, its commitment to equal opportunity for male and female student athletes. This information shall be published annually, whether in the Student Handbook or an alternate publication designed to reach students and their parents. The District shall notifY parents that it has a grievance procedure which can be used for reporting possible gender inequity with
- 10 -

Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 11 of 16
respect to the School District's sports offerings. The District shall also list the District's Title IX Compliance Officer, his or her address, telephone number, and availability ofa copy ofthe grievance procedure. The initial publication to students or their parents shall include a statement that a summary ofthis Settlement Agreement is available from the Compliance Officer upon parental request.
20. The School District shall provide for equivalent school promotion and publication of female sports and male sports and shall encourage individual female team coaches to utilize available opportunities to publish female sports involvement and accomplishments. This means that Claremore shall give equivalent attention to female teams in connection with school announcements, advertisements, assemblies, signage, school publications, including any school paper or yearbook or Web site, correspondence to parents and similar publicity opportunities.
21. The parties concur thatthe full and complete effectuation ofthe parties' mutual desire that female students achieve a level ofparticipation and treatment and benefits, with respect to school sports, equivalent to male students requires a Title IX Compliance Officer ("Officer"). The District's Officer is responsible for overseeing the District's compliance with Title IX and this Agreement including the following areas:
a. Oversight of annual educational seminars for coaches, administrators, and others who are required to have an understanding of Title IX sufficient to avoid intentional or negligent violations ofthe federal law. The District shall furnish information concemingthe date, time and location oftraining and shall
- 11 -

Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 12 of 16
also furnish a program agenda sufficient for any interested party to identifY the matters covered; b. Publication to parents, students and other interested individuals of the District's Title IX obligations and, upon request, an explanation of the District's compliance; c. Response to questions regarding this Agreement, the District's Grievance Procedure applicable to complaints ofdiscrimination, the procedure for filing a grievance, and other questions which arise with respect to the District's Title IX obligations, whetherraised by District employees, parents or students; and d. Ensuring that the District's policies, actions, plans, and procedures combine to identifY areas in which action must be taken to remedy any area of noncompliance with Title IX; to maintain by continuous sports program oversight compliance in areas where the District has achieved parity in male and female sports programs; and to serve as a source ofinformation, training, and dispute resolution in instances where the Officer is presented with questions involving Title IX which are not in the form of a grievance. 22. This Settlement Agreement is approved by and entered as an Order and Judgment ofthe Court and shall be subject to the full enforcement powers ofthe Court. The parties agree not to object to the Court's authority to enforce the terms of this Settlement Agreement. In the event a party believes that there has been a default of an obligation created by this Agreement and that the default is the result of gender discrimination,
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Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 13 of 16
prohibited by Title IX, such party shall first take its complaint through the School District's grievance procedure applicable to claims ofdiscrimination, before returning to the Court for enforcement ofthis Settlement Agreement.
23. The parties shall enter a Stipulation for Dismissal With Prejudice which shall be filed in this matter within five (5) calendar days of the signing of the Settlement Agreement by all parties and delivery ofthe payment to attorneys which is provided for in this Agreement. Plaintiffs' attorneys shall be paid, within fourteen (14) days following the execution of this Settlement Agreement, Ten Thousand Dollars ($10,000.00). No other amounts, whether costs, fees, or expenses, shall be payable to Plaintiffs or their counsel in connection with this lawsuit.
24. Plaintiffs agree to release, and by this instrument release, the School District, its attorneys, assigns and successors, of any and all claims, liabilities, or actions which Plaintiffs presently have or have had against the School District existing as of the date of execution of this Agreement.
25. This Agreement shall be binding on the successors, assigns, and transferees of the School District and the Plaintiffs as well as the Class which the named Plaintiffs represent.
26. This Agreement contains the complete description of the terms between the parties. All material representations, understandings and promises of the parties are contained in this Agreement.
27. Any modifications to this Agreement must be set forth in writing and signed by all of the parties.
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Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 14 of 16

28. The parties acknowledge that each has been represented by legal counsel, of their choice, all times material to this action and they have had a full opportunity to consult with legal counsel throughout the legal proceedings occasioned by Plaintiffs' lawsuit.
Signed thisC71 day of March, 2001.

c=;1i~tm:·

ERRY

RN, CHIEF JUDGE

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Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 15 of 16

-"'~m~et~-~~~

KEVIN R. POLLARD, SR., as parent and next friend of his minor daughter, ASHLEY N. POLLARD

K MBERLY; OLLARD, as parent and next friend of her minor daughter, ASHLEY N. POLLARD

JE~U~,G~s~are~ and next
friend of his minor daughter, SHIANNE N. CRUCE

SHERRI CRUCE, as parent and next friend of her minor daughter, SHIANNE N. CRUCE

ROBERT AILSHIE, as parent and next friend of his minor daughters, JENNIFER and LEASA AILSHIE

MARCIA AILSHIE, as parent and next friend of her minor daughters, JENNIFER and LEASA AILSHIE

SCHILLER LAW FIRM
BY:~4~....L+-hc.>L£.;,a~~_
Samuel J. Schill ,OBA #016067 Ray Yasser, 0 A #009944 Post Office Box 159 HaskeJl, OK 74436 (918) 482-5942 Telephone (918) 482-1264 Facsimile Attorneys for Plaintiffs

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Case 4:00-cv-01056-TCK Document 9 Filed in USDC ND/OK on 03/30/01 Page 16 of 16

INDEPENDENT SCHOOL DISTRICT NO.1 OF ROGERS COUNTY, OKLAHOMA, also known as CLAREMORE PUBLIC SCHOOLS

~Board By: ~ ~..t'.. <b ~. Don Crutchfield, Preside

~
of

Education, Independent School District

No.1 of Rogers County, a/k/a

Claremore Public Schools

. MICHAEL MCCLAREN, Superintendent ofIndependent School District No.1 of Rogers County, a/k/a Claremore Public Schools

ROSENSTEIN, FIST& RINGOLD

BY:'~·

~ \....

Karen L. Long, OBA #5510

525 South Main, Suite 700

Tulsa, OK 74103

(918) 585-9211 Telephone

(918) 583-5617 Facsimile

TAYLOR, BURRAGE, FOSTER, MALLETT,
St~aYIOr~A By, D0'i RAMSEY #10142 Darrell W. Downs, OBA #12272 400 West Fourth Street P. O. Box 309 Claremore, OK 74018-0309 (918) 343-4100 Telephone (918) 343-4900 Facsimile
ATTORNEYS FOR DEFENDANTS

- 16 -

 
 USDC ND/OK Case: 4:00-cv-1056 As of: 01/30/2014 11:00 PM CST Page 1 of 4
CLOSED,DISCREF,LC−2,SETCON
U.S. District Court U.S. District Court for the Northern District of Oklahoma (Tulsa)
CIVIL DOCKET FOR CASE #: 4:00−cv−01056−TCK

Pollard, et al v. Rogers Sch Dist 1, et al Assigned to: Judge Terence Kern Demand: $0 Cause: 42:1983 Civil Rights Act Plaintiff Kevin R Pollard, Sr as parent and next friend of his minor daughter, Ashley N. Pollard − Ashley N Pollard
Plaintiff Kimberly L Pollard as parent and next friend of her minor daughter, Ashley N. Pollard
Plaintiff Jerry Cruce as parent and next friend of his minor daughter, Shianne N. Cruce − Shianne N Cruce
Plaintiff Sherri Cruce as parent and next friend of her minor daughter, Shianne N. Cruce

Date Filed: 12/15/2000 Date Terminated: 03/23/2001 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by 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 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
represented by 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
represented by Raymond L Yasser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

USDC ND/OK Case: 4:00-cv-1056 As of: 01/30/2014 11:00 PM CST Page 2 of 4

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

Plaintiff
Robert Ailshie as parent and next friend of his minor daughters, Jennifer Ailshie and Leasa Ailshie − Jennifer Ailshie

represented by 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
Marcia Ailshie as parent and next friend of her minors daughter, Jennifer Ailshie and Leasa Ailshie; and on behalf of all others similarly situated

represented by 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

V.
Defendant
Independent School District No. 1, Rogers County, Oklahoma also known as Claremore Public Schools

represented by Darrell Wayne Downs Taylor Burrage Foster Mallett Downs Ramsey &Russell P O BOX 309 CLAREMORE, OK 74018 918−343−4100 Fax: 918−343−4900 Email: ddowns@soonerlaw.com 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 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Sean Burrage Taylor Burrage Foster Mallett Downs Ramsey &Russell P O BOX 309 CLAREMORE, OK 74018 918−343−4100 Fax: 918−343−4900 Email: sburrage@soonerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

USDC ND/OK Case: 4:00-cv-1056 As of: 01/30/2014 11:00 PM CST Page 3 of 4

R Stratton Taylor Taylor Burrage Foster Mallett Downs Ramsey &Russell P O BOX 309 CLAREMORE, OK 74018 918−343−4100 Fax: 918−343−4900 Email: carabb@soonerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
J Michael McClaren in his official capacity as Superintendent

represented by Darrell Wayne Downs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Karen Lea Long (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Sean Burrage (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

R Stratton Taylor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
John Doe 1 through 50

Date Filed 12/15/2000 12/15/2000
01/09/2001
01/16/2001 01/16/2001 01/19/2001
02/28/2001

# Docket Text
1 COMPLAINT (Consent form sent) (fee status: pd) (fe, Dpty Clk) (Entered: 12/20/2000)
FILING FEE PAID IN FULL by plaintiff Kevin R Pollard Sr, plaintiff Kimberly L Pollard, plaintiff Jerry Cruce, plaintiff Sherri Cruce, plaintiff Robert Ailshie, plaintiff Marcia Ailshie on 12/15/00 in the amount of $ 150.00 receipt # 95148 (fee status: pd) (fe, Dpty Clk) (Entered: 12/20/2000)
2 ORDER by Magistrate Claire V. Eagan SETTLMT CONF set for 10:30 1/19/01 before Magistrate Claire V. Eagan (cc: all counsel) (sjm, Dpty Clk) (Entered: 01/09/2001)
3 ANSWER by defendant Rogers Sch Dist 1, defendant J Michael McClaren to complaint [1−1] (sac, Dpty Clk) (Entered: 01/18/2001)
4 ATTORNEY APPEARANCE for defendant Rogers Sch Dist 1, defendant J Michael McClaren by Karen L Long (sac, Dpty Clk) (Entered: 01/18/2001)
5 ATTORNEY APPEARANCE for defendant Rogers Sch Dist 1, defendant J Michael McClaren by Stratton Taylor, Michael Sean Burrage &Darrell W Downs (sac, Dpty Clk) (Entered: 01/19/2001)
6 SETTLEMENT CONFERENCE REPORT by Stlmt Judge Claire V. Eagan ; Settlement Conference held 1/19/01; litigation settled (sac, Dpty Clk) (Entered: 03/01/2001)

USDC ND/OK Case: 4:00-cv-1056 As of: 01/30/2014 11:00 PM CST Page 4 of 4

03/23/2001
03/30/2001 03/30/2001

7 JOINT STIPULATION OF DISMISSAL by plaintiff Kevin R Pollard Sr, plaintiff Kimberly L Pollard, plaintiff Jerry Cruce, plaintiff Sherri Cruce, plaintiff Robert Ailshie, plaintiff Marcia Ailshie, defendant Rogers Sch Dist 1, defendant J Michael McClaren; CASE DISMISSED w/prej (crp, Dpty Clk) (Entered: 03/26/2001)
8 ORDER FOR CLASS ACTION CERTIFICATION by Chief Judge Terry C. Kern (cc: all counsel) (sac, Dpty Clk) (Entered: 03/30/2001)
9 ORDER (SETTLEMENT AGREEMENT) by Chief Judge Terry C. Kern (cc: all counsel) (sac, Dpty Clk) (Entered: 03/30/2001)