Title IX does not say things have to be identical. While Heinrich acknowledges that locker room facilities are a point of concern, and he acknowledges that there is no girls team locker room at Elgin High, he disputes the current feasibility of providing the girls softball field with dugouts, which the boys baseball field has. The question comes up as to where they would go. The suit also alleges that there is a tarp to cover the baseball field and no such field covering for the softball field. Another point of the suit alleges that boys teams are afforded more coaches than girls teams, specifically in basketball, baseball and softball.
Baseball has four coaches and softball has four coaches.
The lawsuit also alleges that Elgin High violates Title IX in regards to scheduling, specifically in soccer and basketball. The suit contends the boys soccer team plays all of its home games at Memorial Stadium while the girls are frequently scheduled to play at the Elgin Sports Complex. The suit also alleges that in basketball, boys games are routinely scheduled for Friday or Saturday nights while girls games are scheduled for Tuesday and Thursday nights and Saturday afternoons, forcing girls to participate in their games on school nights. Heinrich said that many times boys soccer games are moved to the sports complex depending on the condition of Memorial Field in the fall. On the basketball scheduling issue, Heinrich said that in many cases he's bound by Upstate Eight Conference guidelines.