University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Brust v. Regents of the University of California ED-CA-0004
Docket / Court 2:07-cv-01488-FCD-EFB ( E.D. Cal. )
State/Territory California
Case Type(s) Education
Case Summary
On July 24, 2007, three female student athletes at the University of California, Davis ("UC Davis") filed a class action lawsuit under Title IX of the Educational Amendments Act of 1972; 42 U.S.C. § 1983; and the Unruh Civil Rights Act of California, in the United States District Court for the ... read more >
On July 24, 2007, three female student athletes at the University of California, Davis ("UC Davis") filed a class action lawsuit under Title IX of the Educational Amendments Act of 1972; 42 U.S.C. § 1983; and the Unruh Civil Rights Act of California, in the United States District Court for the Eastern District of California. The plaintiffs, represented by attorneys from Equity Legal, Equal Rights Advocates, and private counsel, sought declaratory, injunctive and monetary relief, claiming that UC Davis engaged in sex discrimination, which deprived female athletes of an equal opportunity to participate in varsity athletics.

Specifically, the plaintiffs claimed that the University employed a discriminatory process for establishing and maintaining varsity teams. During the 2005-2006 academic year, for example, females constituted 56% of the population of UC Davis, but only 50% of participants in varsity sports were female. The plaintiffs moved for, and were granted class status defined as "all present, prospective, and future women students at the UC Davis who seek to participate in and/or who are deterred from participating in intercollegiate athletics at the UC Davis."

On December 12, 2007, the Court (Judge Frank C. Damrell, Jr.), dismissed the 42 U.S.C. § 1983 and state law claims, leaving only the Title IX claim to be litigated. After two rounds of mediation, the parties decided they would settle this final claim. On October 19, 2009, the Court approved a Settlement Agreement in which the University agreed to (1) form and fund a women's field hockey team set to start competition in 2009, (2) pay $110,000 to a non-profit organization aimed at the development of female athletes in the UC Davis club sports program, (3) report on and decrease the disparity between the percentage of women enrolled at UC Davis and the percentage of women participating in varsity sports, (4) pay each of the three class representatives $8,000 in damages, and (5) pay $460,000 in attorneys' fees and costs. The Settlement Agreement will remain in effect through the 2019-2020 academic year.

Joshua Arocho - 07/18/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Equal Protection
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Goals and Timekeeping
Monitoring
Reporting
Defendant-type
College/University
Discrimination-basis
Sex discrimination
General
Funding
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. § 1983
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Defendant(s) Regents of the University of California
Plaintiff Description All present, prospective, and future women students at the University of California at Davis who seek to participate in and/or who are deterred from participating in intercollegiate athletics at the University of California at Davis.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement None on record
Order Duration 2009 - 2020
Case Closing Year 2020
Case Ongoing Yes
Additional Resources
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Case Studies Courts and Kids: Pursuing Educational Equity Through the State Courts
By: Michael Rebell (Columbia University, and Campaign for Educational Equity)
Citation: (University of Chicago Press, 2009)
[ Detail ] [ External Link ]

Links Dear Colleague Letter: Athletic Activities Counted for Title IX Compliance
http://www2.ed.gov/about/offices/list/ocr/index.html
Posted: Sep. 17, 2008
By: United States Department of Education—Office of Civil Rights (U.S. Department of Justice)
[ Detail ] [ External Link ]

Docket(s)
2:07−cv−01488 (E.D. Cal.) 10/20/2009
ED-CA-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint With Jury Demand 07/24/2007
ED-CA-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 12/12/2007 (2007 WL 4365521) (E.D. Cal.)
ED-CA-0004-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Notice of Plaintiffs' Motion and Motion for Class Certification 10/03/2008
ED-CA-0004-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 10/23/2008 (E.D. Cal.)
ED-CA-0004-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Notice of Settlement and Proposed Order re Briefing Schedule for Preliminary Approval 06/22/2009
ED-CA-0004-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Proposed Settlement Agreement 08/11/2009 (E.D. Cal.)
ED-CA-0004-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Joint Motion for Approval of Settlement, Entry of Stipulated Judgment and Award of Attorneys' Fees and Costs 10/19/2009 (2009 WL 8634478) (E.D. Cal.)
ED-CA-0004-0007.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulated Judgment and Order 10/19/2009 (E.D. Cal.)
ED-CA-0004-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Brennan, Edmund F. Court not on record
ED-CA-0004-9000
Damrell, Frank C. Jr. (E.D. Cal.)
ED-CA-0004-0002 | ED-CA-0004-0004 | ED-CA-0004-0006 | ED-CA-0004-0007 | ED-CA-0004-0008 | ED-CA-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Farrell, Noreen Ann (California)
ED-CA-0004-0001 | ED-CA-0004-0003 | ED-CA-0004-0005 | ED-CA-0004-0006 | ED-CA-0004-9000
Galles, Kristen Marie (Virginia)
ED-CA-0004-0006 | ED-CA-0004-0008 | ED-CA-0004-9000
Huston, Whitney Bryn (California)
ED-CA-0004-9000
Olivier, Monique (California)
ED-CA-0004-0001 | ED-CA-0004-0003 | ED-CA-0004-0005 | ED-CA-0004-0006 | ED-CA-0004-0008 | ED-CA-0004-9000
Defendant's Lawyers Acero, George A. (California)
ED-CA-0004-9000
Brown, Brooke Ashley (California)
ED-CA-0004-9000
Burkett, David Pontus Eugene (California)
ED-CA-0004-9000
Joseph, Lawrence J (District of Columbia)
ED-CA-0004-9000
Kuzucuoglu, Ayse (California)
ED-CA-0004-9000
Pott, Michael William (California)
ED-CA-0004-9000
Sheehan, Nancy Joan (California)
ED-CA-0004-0005 | ED-CA-0004-0006 | ED-CA-0004-0008 | ED-CA-0004-9000
Other Lawyers None on record

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