Ron and Bobbie GWINN, as parents and next friend of..., 2001 WL 34784312...
2001 WL 34784312 (N.D.Okla.) (Trial Pleading) United States District Court, N.D. Oklahoma.
Ron and Bobbie GWINN, as parents and next friend of their minor daughter, Jamie Gwinn; Marla Stanford as parent and next friend of her minor daughter, Elaina Stanford; Jeannie and Barry Whitten as parents and next
friend of their minor daughter, Dara J. Burge; and on behalf of all others similarly situated, Plaintiffs, v.
INDEPENDENT SCHOOL DISTRICT #9 OF TULSA COUNTY, Oklahoma a/k/a Union Public Schools, Defendant.
Case No. 01CV0460H (M). June 27, 2001.
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 Defendant, Independent School District #9 of Tulsa County, Oklahoma, a/k/a Union Public Schools, and allege as follows:
STATEMENT OF THE CASE
1. This action is posed as a class action for declaratory and injunctive relief brought on behalf of female students at Union Public Schools in Tulsa, Oklahoma. Defendant has violated Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”) and the regulations adopted thereto, by illegally denying the female students at Union Public Schools the equal treatment and benefits that must necessarily accompany an equal opportunity to participate in interscholastic and other school-sponsored athletics.
2. Defendant’s denial of equal treatment and benefits constitutes discrimination against the named plaintiffs and all members of the class based solely on their gender. Specifically, Defendant has discriminated against Union Public Schools’ female students in the following areas: (1) funding of athletics (2) equipment and supplies; (3) scheduling of practice times; (4) travel and meals; (5) assignment and compensation of coaches; (6) provision of locker rooms and facilities for both practice and competition and (7) provision of training facilities and services.
3. This action seeks to redress the deprivation of the named Plaintiffs’ daughters’ rights and the rights of the class to receive the equal treatment and benefits which must necessarily accompany an equal opportunity to participate in interscholastic and other school-sponsored athletics. This action seeks a declaratory judgment that Defendant has violated the rights of Union Public Schools’ female students under federal law. This action further seeks an injunction requiring Defendant to immediately cease its discriminatory practices and to remedy the effects of its discriminatory practices and to remedy the effects of its discriminatory conduct.
4. Plaintiffs seek injunctive relief which, among other things, requires that Defendant provide the girls’ softball teams at Union Public Schools with equal treatment and benefits as Union Public Schools already provides to its boys’ athletic teams.
JURISDICTION AND VENUE
5. The Plaintiffs’ claims arise 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).
1

Ron and Bobbie GWINN, as parents and next friend of..., 2001 WL 34784312...
6. Jurisdiction for declaratory and other reliefis invoked pursuant to 28 U.S.C. §§ 2201(a) and 2202.
7. Venue is proper pursuant to 28 U.S.C. §1391(b). These claims arose in Tulsa, Oklahoma, which is within the jurisdiction of this Court.
THE PARTIES
8. Plaintiffs Ron and Bobbie Gwinn are the parents of Jamie Gwinn, a 15year-old 9th grade student at Union Public Schools. Jamie is a talented athlete who participates in softball. She has endured the unequal treatment and benefits directed by Union Public Schools toward its female athletes. The Gwinns are residents of Broken Arrow, Oklahoma, which is within the jurisdiction of this Court.
9. Plaintiff Marla Stanford is the parent of Elaina Stanford, a 15-year-old 9th grade student at Union Public Schools. Elaina is a talented athlete who participates in softball. She has endured the unequal treatment and benefits directed by Union Public Schools toward its female athletes. The Stanfords are residents of Tulsa, Oklahoma, which is within the jurisdiction of this Court.
10. Plaintiffs Jeannie and Barry Whitten are the parents of Dara J. Burge, a 15year-old 9th grade student at Union Public Schools. Dara is a talented athlete who participates in softball. She has endured the unequal treatment and benefits directed by Union Public Schools toward its female athletes. The Whittens are residents of Tulsa, Oklahoma, which is within the jurisdiction of this Court.
11. Defendant Independent School District No. 9 of Tulsa County, Oklahoma, a/k/a Union Public Schools, is a public school district authorized by Oklahoma law to operate and control Union Public Schools, where the Plaintiffs’ daughters are students. Defendant Union Public Schools is located in Tulsa, Oklahoma, which is within the jurisdiction of this Court. Since the passage of Title IX, Union Public Schools has received and continues to receive federal financial assistance and the benefits therefrom. Therefore, all programs at Union Public Schools, including athletics, are subject to the requirements of Title IX.
CLASS ACTION ALLEGATIONS
12. The named Plaintiffs bring these claims on behalf of their minor daughters, and, pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure, for declaratory and injunctive relief, on behalf of all present and future female students enrolled at Union Public Schools who participate, seek to participate, or are deterred from participating in softball at Union Public Schools as a result of Union Public Schools’ discriminatory treatment and benefits policies toward the girls’ softball programs.
13. Each of the named Plaintiffs’ daughters is a student at Union Public Schools and is an athlete who is subjected to Union Public Schools’ unequal treatment and benefits.
14. In bringing this lawsuit, Plaintiffs seek to require Defendant to comply with Title IX by ending its discriminatory policies toward the softball programs in Union Public Schools. Accordingly, Plaintiffs seek injunctive relief requiring Union Public Schools to fund and sponsor softball so that the interests and abilities of softball players at Union Public Schools are accommodated in a non-discriminatory manner. Plaintiffs propose to represent all female students at Union Public Schools who wish to participate in softball at Union Public Schools. In addition, Plaintiffs seek declaratory and injunctive relief to remedy discrimination against current and future softball players at Union Public Schools regarding their receipt of treatment and benefits which are not comparable to those received by the male athletes.
15. The class is so numerous that joinder of all members is impractical. It is unknown how many of the current Union Public Schools female students or how many future Union Public Schools female students would seek to participate in softball.
2

Ron and Bobbie GWINN, as parents and next friend of..., 2001 WL 34784312...
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.
16. There are many questions of law and fact common to the class, including: (a) whether softball players at Union Public Schools are receiving unequal treatment and benefits in comparison to the male students at Union Public Schools, and (b) whether Defendant has been and is discriminating against girls in Union Public Schools’ programs in violation of Title IX.
17. 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 receipt of unequal treatment and benefits in Union Public Schools’ softball programs. These are typical of the types of gender discrimination which members of the class have suffered, are suffering, and, unless this Court grants relief, will continue to suffer.
18. 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.
19. Defendant has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final declaratory and injunctive relief with respect to the class as a whole.
GENERAL ALLEGATIONS
THE REQUIREMENTS OF TITLE IX
20. Title IX, enacted in 1972, provides in relevant part: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
20 U.S.C. § 1681(a). The Civil Rights Restoration Act of 1987 made Congress’ intent plain that “program or activity,” as used in Title IX, applies to any program or activity so long as any part of the public institution receives federal financial assistance. 20 U.S.C. § 1687. Thus, Union 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.
21. 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”).
22. 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 the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person or otherwise be discriminated against in any interscholastic, intercollegiate, club or intramural athletics offered by a recipient....
23. 34 C.F.R. § 106.41(c) specifies ten (10) factors that are to be considered in the determination of equal athletic opportunity: 1. Whether the selection of sports and levels of competition effectively accommodate the interest and abilities of members of both sexes;
2. The provision of equipment and supplies;
3. Scheduling of games and practice time;
3

Ron and Bobbie GWINN, as parents and next friend of..., 2001 WL 34784312...
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.
Another factor to be considered is a school’s “failure to provide necessary funds for teams for one sex.” Id.
24. In 1979, the Office of Civil Rights of the Department of Education (“OCR”) issued a policy interpretation of Title IX and the Regulations. This policy interpretation is found at 44 Fed. Reg. 71413 (1979) (the “Policy Interpretation”).
25. The Policy Interpretation provides that, in order to comply with Title IX and 34 C.F.R. § 106.41(c), schools must provide equal athletic opportunities in three general areas: (1) awarding of scholarships (aimed primarily at problems at the intercollegiate level); (2) participation opportunities (including both the number of opportunities and whether the selection of sports and the level of competition effectively accommodate the interests and abilities of members of both sexes); and (3) treatment and benefits. 44 Fed. Reg. at 71414.
26. Under both the Regulations and the Policy Interpretation, compliance in the area of equal treatment and benefits is assessed based on an overall comparison of the male and female athletic programs, including an analysis of factors (2) through (10) of 34 C.F.R. § 106.41(c) listed above and an analysis of whether the necessary funds are provided for teams of both sexes.
27. The Regulations require that sponsors of interscholastic and other school-sponsored athletics (such as Union 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, any remedial actions which Union Public Schools has taken in the past have been insufficient to satisfy Union Public Schools’ obligations under Title IX.
28. The Regulations further require that sponsors of interscholastic and other school-sponsored athletics comply with the Regulations within three years of their effective date (which was July 21, 1975). Now, more than twenty-five (25) years later, Union Public Schools has still not fully complied with Title IX.
INJUNCTIVE RELIEF
29. Plaintiffs are entitled to injunctive relief to end Defendant’s unequal, discriminatory, and unlawful treatment of female student athletes. Because of Defendant’s acts and omissions, Plaintiffs’ daughters continue to be deprived of the rights guaranteed to them by 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’ rights will be violated and that Plaintiffs’ daughters will never be able to participate in 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 Defendant. Finally, the injunctive relief sought would in no way disserve the public interest but, on the contrary, would prevent discrimination based on gender and would promote the goal of full equality before the law.
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Ron and Bobbie GWINN, as parents and next friend of..., 2001 WL 34784312...
ATTORNEYS’ FEES 30. Plaintiffs have been required to retain the undersigned attorneys to prosecute this action. Plaintiffs are entitled to recover reasonable attorneys’ fees and costs pursuant to 42 U.S.C. § 1988.
CLAIM FOR RELIEF: TITLE IX (Unequal Treatment and Benefits) 31. Plaintiffs reallege and incorporate herein by this reference paragraphs I through 30 inclusive of this Complaint.
32. Union Public Schools, by its conduct, has violated Title IX by discriminating against female students, including the Plaintiffs’ daughters, by failing to provide softball players at Union Public Schools with the same treatment and benefits which are comparable overall to the treatment and benefits provided to male athletes.
33. On information and belief, Plaintiffs allege that Union Public Schools has failed to comply with Title IX by failing to provide softball players with comparable treatment and benefits including, but not limited to, the following areas: (1) Union Public Schools funds softball in a manner that discriminates against female athletes.
(2) Union Public Schools provides male athletes with newer equipment and supplies that are of better quality than those provided to softball players.
(3) Union Public Schools unfairly discriminates against softball players in the scheduling of their practice times.
(4) Softball players are discriminated against in regard to meals and travel.
(5) Softball players have fewer opportunities to receive coaching because they have more players per coach than the male teams.
(6) Union Public Schools compensates coaches for softball, as compared to boys’ teams, in a manner which discriminates against female athletes.
(7) Union Public Schools supplies superior locker rooms, practice facilities and competition facilities to boys as compared to softball players.
(8) The provision of training facilities and services is inequitable in that the male athletes have superior access to these facilities and services, while the softball players have limited access to these facilities and services.
34. The gross imbalance in the treatment of female and male athletes at Union Public Schools, as detailed above, demonstrates Union Public Schools’ failure to comply with Title IX.
35. Union Public Schools’ conduct has persisted despite the mandates of the Regulations, particularly 34 C.F.R §§ 106.3(a) and 106.41(d), and the Policy Interpretation.
36. Union 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.
RELIEF REQUESTED WHEREFORE, on each of their claims, Plaintiffs respectfully pray that this Court: A. Certify this action as a class action for declaratory and injunctive relief on behalf of all present and future female students at Union Public Schools who participate, seek to participate, or are deterred from participating in softball at Union Public
5

Ron and Bobbie GWINN, as parents and next friend of..., 2001 WL 34784312... Schools as a result of Union Public Schools’ discriminatory treatment and benefits policies toward the girls’ softball programs. B. Enter an order declaring that Defendant has 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. C. Issue a permanent injunction (a) restraining Defendant and its 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 Defendant, immediately upon issuance of the injunctive order, to adopt and implement a budget and plan which corrects and remediates Defendant’s violation of Title IX. Such a plan should include providing softball players 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.
6

 
 Case 4:01-cv-00460-seh-FHM Document 17 Filed in USDC ND/OK on 02/12/02 Page 1 of 2

• :d)
~lr

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

RON and BOBBIE GWINN, as

)

parents and next friend of their

)

minor daughter, JAMIE GWINN; )

MARLA STANFORD as parent )

and next friend of her minor

)

daughter, ELAINA STANFORD; )

JEANNIE and BARRY WHITTEN )

as parents and next friend of their )

minor daughter, DARA J. BURGE; )

and on behalf of all others similarly )

situated,

)

Plaintiffs,

)

)

vs.

)

)

INDEPENDENT SCHOOL

)

DISTRICT #9 OF TULSA

)

COUNTY, OKLAHOMA, alk/a

)

UNION PUBLIC SCHOOLS,

)

Defendant. )

F I LED

FEB 1 2 2002<74, /

Phil Lomb dO

0 V

UoS o DISTRrCrT"cCOleUrkR!

(M)/ Cu. No.•, CV ..... H

JOINT STIPULATION OF DISMISSAL

With Reservation of Jurisdiction in the Court to Enforce Settlement Agreement
Pursuant to Rule 41 (a) ofthe Federal Rules ofCivil Procedure, the Plaintiffs, Ron and Bobbie Gwinn, as parents and next friend of their minor daughter, Jamie Gwinn, Marla Stanford, as parent and next friend ofher minor daughter, Elaina Stanford, Jeannie and Barry Whitten, as parents and next friend of their minor daughter, Dara Jo Burge, and all others similarly situated, hereby stipulate with the Defendant, Independent School District No.9
\1

Case 4:01-cv-00460-seh-FHM Document 17 Filed in USDC ND/OK on 02/12/02 Page 2 of 2
-

of Tulsa County, a/k/a Union Public Schools, 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 of the agreement filed in this matter by

the parties, their respective counsel and the Court.

Dated this \":l.--

~.........-..e-'--... day of JllHtlM)" 2002.

Respectfully submitted,

Samuel J. Schiller, OBA #016067 Suite 200 4113 Cumby Road Cookeville, IN 38501 (931) 528-5050 (931) 528-5051 fax
and
Ray Yasser, OBA #009944 University of Tulsa College of Law 3120 E. 4th Place Tulsa, OK 74104 (918) 631-2442 (918) 631-2194 fax
Attorneys for Plaintiffs

Karen L. Long, OBA # 5510 ROSENSTEIN, FIST & RINGOLD 525 South Main, Suite 700 Tulsa, Oklahoma 74103-4508 (918) 585-9211 (918) 583-5617 - facsimile
Attorneys for Defendant
2

 
 Case 4:01-cv-00460-seh-FHM Document 20 Filed in USDC ND/OK on 03/26/02 Page 1 of 3

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

RON and BOBBIE GWINN, as

)

parents and next friend of their

)

minor daughter, JAMIE GWINN; )

MARLA STANFORD as parent

)

and next friend of her minor

)

daughter, ELAINA STANFORD; )

JEANNIE and BARRY WHITTEN )

as parents and next friend of their )

minor daughter, DARA J. BURGE; )

and on behalf of all others similarly )

situated,

)

Plaintiffs,

)

)

vs.

)

)

INDEPENDENT SCHOOL

)

DISTRICT #9 OF TULSA

)

COUNTY, OKLAHOMA, alk/a

)

UNION PUBLIC SCHOOLS,

)

Defendant.

)

F I L E D~
..< MAR 26 2002
V Phil lombardi, Cle'"
U,S. DISTRICT COURT
j Case No. 01 CV 0460 H (M)

ORDER FOR CLASS ACTION CERTIFICATION

After consideration oftbe question for class action certification, the Court fmds that Plaintiffs have met all of the applicable requirements of Federal Rules of Civil Procedure 23(a) and that the class is properly certified under Federal Rule ofCivil Procedure 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.

\

Case 4:01-cv-00460-seh-FHM Document 20 Filed in USDC ND/OK on 03/26/02 Page 2 of 3

It is therefore, hcreby ORDERED that the above-captioned action is certified as a
class defined as:
All present and future female softball players enrollcd at Union Public Schools, who participate, seek to participate, or are deterred ITom participating in softball at Union Public Schools.

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

members of the certified class.

«;,t:::: z, Dated this

0:';r#day of

2002.

APPROVED AS TO FORM:
Samuel J. Schiller, OBA #016067 Suite 200 4113 Cumby Road Cookevillc, TN 38501 (931) 528-5050 (931) 528-5051 fax
and
Ray Yasser, OBA #009944 University of Tulsa College ofLaw 3120 E. 4,h Place Tulsa, OK 74104 (918) 631-2442 (918) 631-2194 fax
Attorneys for Plaintiffs
2

Case 4:01-cv-00460-seh-FHM Document 20 Filed in USDC ND/OK on 03/26/02 Page 3 of 3
,~-
Karen L. Long, OBA # 5510 ROSENSTEIN, FIST & RINGOLD 525 South Main, Suite 700 Tulsa, Oklahoma 74103-4508 (918) 585-9211 (918) 583-5617 fax Attorneys for Defendant
3

 
 Case 4:01-cv-00460-seh-FHM Document 21 Filed in USDC ND/OK on 03/26/02 Page 1 of 11

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

RON and BOBBIE GWINN, as

)

parents and next friend of their

)

minor daughter, JAMIE GWINN; )

MARLA STANFORD as parent

)

and next friend of her minor

)

daughter, ELAINA STANFORD; )

.JEANNIE and BARRY WHITTEN )

as parents and next friend of their )

minor daughter. DARA J. BURGE; )

and on behalf of all others similarly )

situated,

)

Plaintiffs,

)

)

vs.

)

)

INDEPENDENT SCHOOL

)

DISTRICT #9 OF TULSA

)

COUNTY, OKLAHOMA, alkla

)

UNION PUBLIC SCHOOLS,

)

Defendant. )

FILED !~
MAR 2620020 U.Psh.ilOLIOSmTbRa"J,·cf'&~
Case No. 01 CV 0460 H (M)v/

SETTLEMENT AGREEMENT This Settlement Agreement is entered into by and between the Plaintiff", Ron and Bobbie Gwinn, as parents and next friend of their minor daughter, Jamie Gwinn; Marla Stanford as parent and next friend ofher minor daughter, Elaina Stanford; Jeannie and Barry Whitten, as parents and next friend of their minor daughter, Dara J. Burge, and on behalf of all others similarly situated against Independent School District No.9 of Tulsa County. Oklahoma, a/k/a Union Public Schools. This is a class action, and the class is defined as:

Case 4:01-cv-00460-seh-FHM Document 21 Filed in USDC ND/OK on 03/26/02 Page 2 of 11
All present and future female softball players enrolled at Union Public Schools, who participate, seek to participate, or arc deterred from participating in softball at Union Public Schools. WHEREAS, Plaintiffs havc sued Union 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 the School District has denied female students involved in softball equal athletic opportunities and accompanying treatment and benefits as compared with their male counterparts involved in baseball; WHEREAS, School District has denied violations ofTitle IX and has contended that thc District's sot1ball program is responsive to the interest of girls in softball and has contended in its Answer that softball players have participation opportunities and treatment and benefits that are equivalent to those available to baseball players; WHEREAS, the parties to this Agreement concur that the School District is bound by the requirements ofTille IX ofllle Education Amendments of 1972 and its Regulations and the parties havejointly agreed, through their designated representatives, that the interests ofthe District's students (male and female) are best served by reaching agreement regarding
actions which the District will take to ensure softball and baseball players receive equivalent
opportunities, treatment and benefits; WHEREAS, Plaintiffs and School District believe that they can work together to
achieve the goal ofequal opportunities, as well as corresponding treatment and benefits; and
2

Case 4:01-cv-00460-seh-FHM Document 21 Filed in USDC ND/OK on 03/26/02 Page 3 of 11
•
WHEREAS, this Agreement represents a mutnal intention to move forward with the resolution of disputed issues which serves the interests of all students without regard (0 gender.
NOW THEREFORE, intcndingto he legally bound hereby, the parties agree to settle this matter as set forth below.
1. The School District shall maintain its 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 30") which shall show for each sport the amount expended and any revenues received by the District with respect to the sport. The Districfs Treasurer shall be responsible for maintaining copies ofthe revenue and expenditure report [or purposes of inspection and photocopying. An individual requesting copies of this information shall pay the District's customary costs for public records. .Al1 individual may also choose to inspect public records in accordance with the provisions of the Oklahoma Open Records Act. Sources ofrevenues 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, including softball and baseball.
2. The School District shall insure that the ratio of coaches to students remains substantially equal as between baseball and softball with the recognition that occasionally factors beyond the control ofthe District can affect the availability ofcoaches. The District's obligation, in this regard, is to assign coaches based on the availability of qualified coaches and in consideration of the number of participating athletes in a gender neutral manner.
3

Case 4:01-cv-00460-seh-FHM Document 21 Filed in USDC ND/OK on 03/26/02 Page 4 of 11
i"",,
If
3. Union's coaches are paid extra duty compensation based on a negotiated
agreement between the District and the employee organization which represents Union's certified employees. Negotiations for the 200 1-02 school year resulted in an agreement which equalized coaching salaries for baseball and softball coaching positions.
4. Union shall maintain and enforce its policy whereby male and female students have access to the School District's weight rooms on a gender-neutral basis. Weight rooms shall be equipped with weights appropriate for female athletes and equipment appropriate for strength and conditioning for female athletes. Weight rooms shall, in addition to other weights, include dumbbell weights in minimum ranges of three 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.
5. Union shall maintain and enforce a commitment to the maintenance of its baseball and softball fields. Coaches frequently are actively involved in maintenance and oversight of fields and frequently utilize student athletes in roles that enhance their understanding of the importance of maintaining and caring for fields. Students in both programs shall be treated equitably in this regard. Bleachers at the baseball field have awnings installed over the fan seating area. Similar awnings shall be included as a part of the upcoming bond issue - for installation over the bleachers at the fast-pitch softball field. Portable fencing has been ordered and will be available during August 2002 for use on the slow-pitch softball field when it is utilized for fast-pitch softball.
6. Union shall maintain and enforce its policy, in a gender neutral manner, with respect to provision of an in-door pitching and hitting facility for the use of softball and baseball. The facility is for in-door practice of softball and baseball skills. It is not to be
4

Case 4:01-cv-00460-seh-FHM Document 21 Filed in USDC ND/OK on 03/26/02 Page 5 of 11
used as a dressing area. The facility currently includes tltree nets available for concurrent use. Softball shaH have primary use of t\VO nets for six months coinciding with their seasons. Baseball shall have primary use of two nets coinciding with their season. The remaining net shall be reserved for the usc ofthe alternate sport with the understanding that in any instance where the nets are not in use - they may be used by either sport. Use ofthe indoor facility is, at all times, subject to the supervision of coaches. Should there be any question regarding the schedule of use or availability for routine or special needs - those matters are to be resolved through the affected coaches and Union's Athletic Director. Parents or students who believe that disparate use orihe facility rises to the level ofa Title IX concern may utilize the grievance procedure to resolve issues of access and use.
7. Softball players shall be assigned their own locker/dressing area in the Intermediate High School. In order to provide a reserved area for softball, wrestling shall be moved to an alternate site. Reserved areas, for purposes ofthis agreement, refers to areas that are reserved for the primary use of a particular sport or sports. This does not preclude the use ofthe area for other purposes when the sport, for which the area is designated, is not in season or otherwise not in use. As with all school facilities - ·the area is subject to assignment and use as needed to fulfill school needs and obligations.
8. Signage located at the softbalilbaseball complex shall be altered to alert the public that the area is the horne of Union Softball & Baseball. This is to insnre that both sports receive the recognition attendant to their respective utilization ofthe sports complex.
9. Plaintiffs acknowledge the importance of private fund-raising efforts to the District's ability to provide participation opportunities and enhanced benefits ofparticipation to athletes. Plaintiffs' efforts to engage in fiUld-raising shall be subject to the same standards
5

Case 4:01-cv-00460-seh-FHM Document 21 Filed in USDC ND/OK on 03/26/02 Page 6 of 11
and guidelines as those applied to other donors and donor organizations. It is understood and acknowledged by the parties hercto that the School District relies on the contributions of time, money, equipment and supplies that come from individual donors, booster clubs, businesses, parents and others. The School District desires to retain the enormous benefits provided by private as well as public donors. Hovvever, the School District shall not permit any infusion of non-school monetary or non-monetary contributions to result in programs which are unequal for purposes of Title IX and its system-wide requirements. Union shall monitor contributions and the effect contributions have on school-sponsored sports consistent with the requirements of Title IX - which provide for the equitable support of school sponsored sports without regard to the gender of student athletes. Union recognized that it has the responsibility to ensure that softball is supported equitably on a gender neutral basis.
10. School District shall maintain its practice of publicizing to students its commitment to equal opportunity for male and female students - through the usc of the Studcnt Handbook. This policy shall include an annual publication designed to reach students and their parents, including notice to parents that Union has a grievance procedure which can be used for reporting possible gender inequity with respect to school sponsored sports. The District will identifY the District's Title IX Compliance Officer, his or her address, telephone number, and instructions for securing a copy ofthe grievance procedure.
II. The parties concur that the full and complete effectuation ofthe parties' mutual desire that female softball players achieve a level ofparticipation and treatment and benefits, with respect to school sports, equivalent to baseball players, requires a Title IX Compliance Officer ("Officerll). The District's Officer is responsible for overseeing the District's compliance with Title IX and this Agreement including the following areas:
6

Case 4:01-cv-00460-seh-FHM Document 21 Filed in USDC ND/OK on 03/26/02 Page 7 of 11
"'"""., "
a. Oversight of annual educational seminars for coaches, administrators, and others who are required to have an wldcrstanding of Title IX sufficient to avoid intentional Of negligent violations of the federal law. The District shall fumish information concerning the date, time and location oftraining and shall 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, whether raised by District employees, parents or students; and
d. Ensuring tbat the District's policies and procedures combine to identify areas in which action must be taken to remedy any area of non-compliance 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 of infonnation, training, and dispute resolution in instances where the Officer is presented with questions involving Title IX which are not in the torm of a grievance,
12, 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 CourL The
7

Case 4:01-cv-00460-seh-FHM Document 21 Filed in USDC ND/OK on 03/26/02 Page 8 of 11
parties agree not to object to the Conrt's authority to enforce the tcnns of this Settlcment 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.
prohibited by Title IX, such party shall first take any complaint through the School District's grievance procedure before returning to the Court for enforcement of this Agreement.
13. The parties shall enter a Stipulation for Dismissal With Prejudice which shall be filed in this matter within five (5) calendar days ofthe final disposition of all issues.
14. 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 "vhich Plaintiffs presently have or have had against the School District existing as of the date of execution ofthis Agreement. Likewise, Plaintiffs release from all liability their own counsel in connection with the filing, prosecution, and settlement of this lawsuit.
15. This Agreement shall be binding on the successors, assigns, and transferees of the School District and the Plaintiffs as weIl as the Class which the named Plaintiffs represent.
16. 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.
17. Any modifications to this Agreement must be set forth in writing and signed by all of the parties.
18. 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.
8

Case 4:01-cv-00460-seh-FHM Document 21 Filed in USDC ND/OK on 03/26/02 Page 9 of 11 Signed this
9

Case 4:01-cv-00460-seh-FHM Document 21 Filed in USDC ND/OK on 03/26/02 Page 10 of 11

RON GWINN, as parent and next friend of his minor daughter, JAMIE GWINN

BOBBIE GWINN, as parent and next friend of her minor daughter, JAMIE GWINN

MARLA STANFORD, as parent and friend of her minor daughter, ELAINA STANFORD

ANNIE WHITTEN, as parent and next friend of her minor daughter, DARA .T. BURGE
tift
By: S"""J. ;J S-~
Samuel J. Schiller, OBA #016067 Schiller Law Firm Suite 200 4113 Cumby Road Cookeville, TN 38501 (931) 528·5050 (931) 528-5051
By: 7J1d'fh Ray asser, OBA #009944 University of Tulsa College of Law 3120 E. 4" Place Tulsa, OK 74104 (918) 631-3055 (918) 631-2194
Attorneys for Plaintiffs

10

Case 4:01-cv-00460-seh-FHM Document 21 Filed in USDC ND/OK on 03/26/02 Page 11 of 11

INDEPENDENT SCHOOL DISTRICT NO.9 OF TULSA COUNTY, OKLAHOMA, also known as UNION PUBLIC SCHOOLS

Education, Independent School District No.9 of Tulsa County, a/k/a Union Public Schools
By:~~~~~~~",-,~_ _
DR. CATH URDEN, Superintendent of Independ 1t School District No.9 of Tulsa County, a/kJa Union 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

ATTORNEYS FOR DEFENDANTS

- 11 -

 
 USDC ND/OK Case: 4:01-cv-460 As of: 01/26/2014 07:48 PM CST Page 1 of 3
CLASS,CLOSED,DISCREF,LC−2,SETCON
U.S. District Court U.S. District Court for the Northern District of Oklahoma (Tulsa)
CIVIL DOCKET FOR CASE #: 4:01−cv−00460−seh−FHM

Gwinn, et al v. Tulsa Sch Dist 9 Assigned to: Judge Sven Erik Holmes Referred to: Magistrate Judge Frank H McCarthy Demand: $0 Cause: 28:1331 Federal Question: Other Civil Rights
Plaintiff

Date Filed: 06/27/2001 Date Terminated: 02/12/2002 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Ron Gwinn as parent and next friend of his minor daughter − Jamie Gwinn

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

Plaintiff
Bobbie Gwinn as parent and next friend of her minor daughter − Jamie Gwinn

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
Marla Stanford as parent and next friend of her minor daughter − Elaina Stanford

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
Jeannie Whitten as parent and next friend of her minor daughter − Dara J Burge

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

USDC ND/OK Case: 4:01-cv-460 As of: 01/26/2014 07:48 PM CST Page 2 of 3

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

Plaintiff
Barry Whitten as parent and next friend of his minor daughter; and on behalf of all others similarly situated − Dara J Burge

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. 9 of Tulsa County, Oklahoma also known as Union Public Schools

represented by 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

Date Filed 06/27/2001 06/27/2001
06/29/2001 07/19/2001 07/19/2001 07/19/2001 08/07/2001 08/31/2001 09/10/2001 09/24/2001
09/24/2001

# Docket Text
1 COMPLAINT (Summons(es) issued) (Consent form sent) (fee status: pd ) (lml, Dpty Clk) (Entered: 06/28/2001)
FILING FEE PAID IN FULL by plaintiff Ron Gwinn, plaintiff Bobbie Gwinn, plaintiff Marla Stanford, plaintiff Jeannie Whitten, plaintiff Barry Whitten on 6/27/01 in the amount of $ 150.00 receipt # 97824 (fee status: pd ) (lml, Dpty Clk) (Entered: 06/28/2001)
2 ATTORNEY APPEARANCE for plaintiff Ron Gwinn, plaintiff Bobbie Gwinn by Samuel J Schiller (sac, Dpty Clk) (Entered: 06/29/2001)
3 ATTORNEY APPEARANCE for defendant Tulsa Sch Dist 9 by Karen Lea Long (crp, Dpty Clk) (Entered: 07/19/2001)
4 MOTION by defendant Tulsa Sch Dist 9 to extend time to answer cmplnt until 8/7/01 (crp, Dpty Clk) (Entered: 07/19/2001)
5 ORDER by Court Clerk granting motion to extend time to answer cmplnt until 8/7/01 [4−1] (cc: mvt counsel) (crp, Dpty Clk) (Entered: 07/19/2001)
6 ANSWER by defendant Tulsa Sch Dist 9 to complaint [1−1] (sac, Dpty Clk) (Entered: 08/08/2001)
7 ORDER by Judge Sven Erik Holmes directing parties to submit a Joint Status Report on or before 9/10/01 (cc: all counsel) (sac, Dpty Clk) (Entered: 08/31/2001)
8 JOINT STATUS REPORT Received (sac, Dpty Clk) (Entered: 09/11/2001)
9 ORDER by Magistrate Judge Claire V. Eagan SETTLMT CONF set for 9:30 11/5/01 before Magistrate Judge Claire V. Eagan (cc: all counsel) (sjm, Dpty Clk) (Entered: 09/24/2001)
10 NOTICE by plaintiff Barry Whitten, plaintiff Jeannie Whitten, plaintiff Marla Stanford, plaintiff Bobbie Gwinn, plaintiff Ron Gwinn of change of address of

USDC ND/OK Case: 4:01-cv-460 As of: 01/26/2014 07:48 PM CST Page 3 of 3

09/25/2001
10/15/2001 10/16/2001 10/16/2001 10/22/2001 12/13/2001 02/12/2002
02/12/2002 02/12/2002 02/12/2002
03/20/2002 03/26/2002
03/26/2002

cnsl, Samuel J Schiller Law Firm to: Schiller Law Firm, 4113 Cumby Rd, Suite 200, Cookeville, TN 38501 (931) 528−5050, fax (931) 528−5051 (crp, Dpty Clk) (Entered: 09/25/2001)
11 SCHEDULING ORDER by Judge Sven Erik Holmes ; motion filing ddl set for 2/8/02 ; discovery due 1/17/02 ; proposed pretrial order due 5/24/02 ; SUMMARY JUDGMENT HRG set for 1:30 3/8/02 ; PRETRIAL CONF set for 1:30 5/31/02 ; JURY TRIAL set for 9:30 6/17/02 (see sched ord for further ddlns) (cc: all cnsl) (sac, Dpty Clk) (Entered: 09/26/2001)
12 MOTION by defendant Tulsa Sch Dist 9 to continue/resched stlmnt conf (o2CVE) (pll, Dpty Clk) (Entered: 10/16/2001)
13 MINUTE ORDER: by Judge Sven Erik Holmes referring to Magistrate Judge Claire V. Eagan the motion to continue/resched stlmnt conf (o2CVE) [12−1] (pll, Dpty Clk) (Entered: 10/16/2001)
14 ORDER by Magistrate Judge Claire V. Eagan granting motion to resched stlmnt conf [12−1]; SETTLMT CONF reset for 10:30 11/20/01 before Magistrate Judge Claire V. Eagan (cc: all counsel) (crp, Dpty Clk) (Entered: 10/17/2001)
15 SETTLEMENT CONFERENCE STATUS REPORT: SETTLEMENT CONF reset for 9:30 11/19/01 before Magistrate Judge Claire V. Eagan (cc: all counsel) (crp, Dpty Clk) (Entered: 10/22/2001)
16 SETTLEMENT CONFERENCE REPORT by Judge Claire V. Eagan ; settlement conference held 12/13/01 ; advising litigation was settled; dismissal jt mtn for class cert &apprvl of stlmt agrmt due 1/20/02 (sac, Dpty Clk) (Entered: 12/14/2001)
17 JOINT STIPULATION OF DISMISSAL by defendant Tulsa Sch Dist 9, plaintiff Barry Whitten, plaintiff Jeannie Whitten, plaintiff Marla Stanford, plaintiff Bobbie Gwinn, plaintiff Ron Gwinn ; CASE DISMISSED s/reservatio of juris to enfrc stlmt agrmt (sac, Dpty Clk) (Entered: 02/13/2002)
18 STIPULATION (RELEASE AND SETTLEMENT OF CLAIM FOR ATTORNEY FEES AND COSTS) (sac, Dpty Clk) (Entered: 02/13/2002)
PROPOSED Order re: class action certification; forwarded to: seh−j (sac, Dpty Clk) (Entered: 02/13/2002)
PROPOSED Settlement Agreement submitted by defendant Tulsa Sch Dist 9, plaintiff Barry Whitten, plaintiff Jeannie Whitten, plaintiff Marla Stanford, plaintiff Bobbie Gwinn, plaintiff Ron Gwinn (forwarded to seh−j) (sac, Dpty Clk) (Entered: 02/13/2002)
19 MOTION by defendant Tulsa Sch Dist 9, plaintiff Barry Whitten, plaintiff Jeannie Whitten, plaintiff Marla Stanford, plaintiff Bobbie Gwinn, plaintiff Ron Gwinn to certify class action (sac, Dpty Clk) (Entered: 03/20/2002)
20 ORDER FOR CLASS CERTIFICATION by Judge Sven Erik Holmes granting motion to certify class action [19−1]; it is ordered that pltfs need not provide any formal ntc to members of the certified class (cc: all counsel) (crp, Dpty Clk) (Entered: 03/28/2002)
21 ORDER (SETTLEMENT AGREEMENT) by Judge Sven Erik Holmes (See agreement for details) (cc: all counsel) (crp, Dpty Clk) (Entered: 03/28/2002)