Title IX lawsuit: Lake Oswego, OR

smddad · Apr 5, 2016

Another lawsuit filed. This one, according to the article, sounds like it's pretty blatant. Looking at the Google Earth pictures, it tells a pretty clear story.

Suit: Lake Oswego athletes face discrimination

marriard · Apr 5, 2016

I honestly wish more groups would file Title IX suits against their schools. Even living in an area where things are not so bad, the differences between how the boys and girls sports are treated by the local high schools is very apparent.

Outside our area, sometimes it is even worse - one high school that we travel to regularly has what appears to be a $1m on-campus baseball facility built just a few years ago - the softball team plays on the backfield at the local YMCA on a field that is barely maintained by the city.

OregonDuck · Apr 5, 2016

We've played games on that Jr. High field. It's awful. This is also generally in a higher income part of the Portland Metro Area. I don't believe this school is as strapped for cash as many others in the area. Doubt it's a case of not having the resources, but more not having the desire to provide the facilities. Good for them filing suit. Hopefully other schools will wake up and take notice.

Sparky Guy · Apr 5, 2016

That should be interesting. Especially with the comment about "Winning a State Championship." being put out there. Title 9 has nothing to do with winning and losing. Now I can see why the girls are treated like crap at that school

What's going to happen is the school board will take some things away from the boys to try and get compliant and the girls will be looked upon as pariahs because they took things from the boys.

chinamigarden · Apr 5, 2016

I have to say we were lucky at my DD's HS the girls sports were all treated fairly. I am grateful for that.

marriard · Apr 5, 2016

Sparky Guy said:
TWhat's going to happen is the school board will take some things away from the boys to try and get compliant and the girls will be looked upon as pariahs because they took things from the boys.

That is always (one of) the threat, but in practice it rarely - if ever - happens.

Especially if it is facilities - it is hard to take away or hide a new field. Or hard to argue if the school just spent $400,000 on a new football field and lockers and so on.

What normally happens is that money miraculously appears from the school district, or plans accelerate to build or access to facilities is opened. It is amazing what happens when they are pushed hard and not allowed to do whatever they are doing.

Also because almost anyone can file a Title IX complaint, the ideal person to drive the complaint are parents who have just finished with the program and who don't have another kid coming through. Retribution is much harder when you are no longer part of the program but have the internal experience of what has happened.

The success rate in Title IX cases over facilities either ruling in favor of the complaint or being settled is extremely high. Normally because the offenses are normally pretty egregious and impossible to defend.

Sparky Guy · Apr 5, 2016

chinamigarden said:
I have to say we were lucky at my DD's HS the girls sports were all treated fairly. I am grateful for that.

The same with the school my DD's went to. The boys would get the prime practice times in the field house. But other than that the girls got equal time.

JoeKC · Apr 6, 2016

The girls should hang a few State and Regional Championship Banners on the outfield fences. Success is a great equalizer. That is exactly what has happened at my daughter's school. The boys practice fields are pristine, with all the best of everything. The girls field is modest by any measure, but there are two state championship banners and multiple regional titles hanging on the outfield fence. I'll take the latter any day.

No one, except attorneys will win in court. Certainly not the taxpayers, and most likely not the girls.

marriard · Apr 6, 2016

JoeKC said:
No one, except attorneys will win in court. Certainly not the taxpayers, and most likely not the girls.

To me that is a weak argument - lets just let blatant discrimination continue to happen because it might cost some money. Change only happens when people stand up for what is right. Most cases come about because schools already 'found' a huge sum of money for the boys to 'improve' their sports but the girls teams continue to be screwed over time and time again.

It isn't right and standing by while it continues to happen is not right. Sure it might be somewhat satisfying to win despite circumstances - but that isn't the point. Why should they have to play in a swamp when the boys team is playing in a palace?

In addition the cost argument is starting to lose even more steam. Because organizations are losing almost all the cases that are brought up, it is starting to get to the point where the threat of a Title IX case and the likelihood of losing it (and yes the expected legal costs) is making school districts move much quicker to correct what are clear obvious violations. Less cases are coming to court because the districts realize they are going to lose them.

The 'girls' have won an awful lot of cases in these situations. Not hard to look it up - in most cases it means the $200,000 the school district was going to already spend on updating some football facility is redirected to building a softball field or provide lights for the 'girls' soccer team or whatever. The argument "The school doesn't have any money" never wins because in most cases they clearly did have it when it came to their boys sports.

JoeKC · Apr 6, 2016

marriard said:
To me that is a weak argument - lets just let blatant discrimination continue to happen because it might cost some money. Change only happens when people stand up for what is right. Most cases come about because schools already 'found' a huge sum of money for the boys to 'improve' their sports but the girls teams continue to be screwed over time and time again.

It isn't right and standing by while it continues to happen is not right. Sure it might be somewhat satisfying to win despite circumstances - but that isn't the point. Why should they have to play in a swamp when the boys team is playing in a palace?

In addition the cost argument is starting to lose even more steam. Because organizations are losing almost all the cases that are brought up, it is starting to get to the point where the threat of a Title IX case and the likelihood of losing it (and yes the expected legal costs) is making school districts move much quicker to correct what are clear obvious violations. Less cases are coming to court because the districts realize they are going to lose them.

The 'girls' have won an awful lot of cases in these situations. Not hard to look it up - in most cases it means the $200,000 the school district was going to already spend on updating some football facility is redirected to building a softball field or provide lights for the 'girls' soccer team or whatever. The argument "The school doesn't have any money" never wins because in most cases they clearly did have it when it came to their boys sports.

Weak argument or not, it's rooted in pragmatism. We both want the same thing, but filling the coffers of a law firm, or two, or three benefits the lawyers and takes money away from the very issue the plaintiffs are seeking to remedy.

I just re-read the article. It does say one family has "...complained about Title IX violations and/or “unfair treatment” of female student athletes “for years”, according to the lawsuit.", and they recently received a trite and unacceptable answer from unnamed "High School Officials". However, it doesn't give us the rest of the story. Real change in a school district can only be made through the school board, which is comprised of elected officials, presumably accountable to their constituents. Half of the school population are female, so there should be plenty of support for change. The easy way out is to run off to attorney and clog up the courts with a lawsuit that could potentially be avoided.

The only point I was attempting to make is by building support within the community through success and strong lobbying efforts would result in lasting change. The lawsuit will only divide the community and drain precious resources. Legal action may be the only way to bring resolution to the problem, but it should be the avenue of last resort. I think you'll find most who have been involved in litigation will concur.

Title IX lawsuit: Lake Oswego, OR

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