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Case Name Gwinn v. Tulsa School District 9 ED-OK-0001
Docket / Court 4:01-cv-00460 ( N.D. Okla. )
State/Territory Oklahoma
Case Type(s) Education
Case Summary
Parents, as next of friend of their minor daughters, filed suit on June 27, 2001 in the U.S. District Court for the Northern District of Oklahoma against Independent School District #9 of Tulsa County, also known as Union Public Schools, seeking declaratory and injunctive relief. The complaint ... read more >
Parents, as next of friend of their minor daughters, filed suit on June 27, 2001 in the U.S. District Court for the Northern District of Oklahoma against Independent School District #9 of Tulsa County, also known as Union Public Schools, seeking declaratory and injunctive relief. The complaint alleged that the school district had violated Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681 by denying female students, specifically female softball players equal access to interscholastic and school-sponsored athletics.

Specifically, the plaintiffs alleged that the school had discriminated against female softball players in the funding of athletics, equipment and supplies, the scheduling of practice times, travel and meals, assignment and compensation of coaches, provision of locker rooms and facilities for both practice and competition, and the provision of training facilities and services. The plaintiffs sought class certification for all present and future female students wishing to participate in softball at Union Public Schools.

The parties held a settlement conference on December 13, 2001 before Magistrate Judge Claire V. Eagan. On February 12, 2002, the parties submitted a joint stipulation of dismissal to Federal District Judge Sven Erik Holmes. Judge Holmes granted the plaintiffs' motion for class certification and accepted the parties' settlement agreement on March 26, 2002.

In the settlement agreement, the defendant school district agreed to maintain accounting records for expenditures and revenues for male and female sports and to provide a copy of such record to a requesting party. The school district also agreed to maintain a substantially equal ratio to coaches for both the baseball and softball teams, negotiate for equalized salaries for softball and baseball coaches, provide access to the weight rooms on a gender-neutral basis and equip weight rooms with equipment appropriate for female athletes, and maintain practice and competition facilities on a gender-neutral basis. Additionally, the school district agreed to provide softball players with a designated locker/dressing area, ensure that private donations benefit the softball team on an equitable and gender-neutral basis as compared with other athletic teams, and increase promotion of the district's commitment to providing an equal opportunity to male and female students through publication and distribution of the Student Handbook, which would include a grievance process for parents and students. Oversight of compliance with the settlement agreement was referred to the district's Title IX Officer.

The case was dismissed on March 26, 2002.

Carlyn Williams - 02/10/2014


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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
Recordkeeping
Reporting
Defendant-type
Elementary/Secondary School
Discrimination-basis
Sex discrimination
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
42 U.S.C. § 1983
Defendant(s) Independent School District 9
Plaintiff Description Parents and next of friends of minor female students of Union Public Schools in Tulsa, Oklahoma.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2002 - n/a
Case Closing Year 2002
Case Ongoing No
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)
4:01-cv-460 (N.D. Okla.) 03/26/2002
ED-OK-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/27/2001 (2001 WL 34784312)
ED-OK-0001-0001.pdf | WESTLAW | Detail
Document Source: Westlaw
Joint Stipulation of Dismissal 02/12/2002
ED-OK-0001-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order for Class Action Certification 03/25/2002 (N.D. Okla.)
ED-OK-0001-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 03/25/2002
ED-OK-0001-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Eagan, Claire (N.D. Okla., FISC) [Magistrate]
ED-OK-0001-0004
Holmes, Sven Erik (N.D. Okla.)
ED-OK-0001-0003 | ED-OK-0001-0004 | ED-OK-0001-9000
McCarthy, Frank H. (N.D. Okla.) [Magistrate]
ED-OK-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Schiller, Samuel (Tennessee)
ED-OK-0001-0001 | ED-OK-0001-0002 | ED-OK-0001-0003 | ED-OK-0001-0004 | ED-OK-0001-9000
Yasser, Raymond (Oklahoma)
ED-OK-0001-0001 | ED-OK-0001-0002 | ED-OK-0001-0003 | ED-OK-0001-0004 | ED-OK-0001-9000
Defendant's Lawyers Long, Karen Lea (Oklahoma)
ED-OK-0001-0002 | ED-OK-0001-0003 | ED-OK-0001-0004 | ED-OK-0001-9000
Other Lawyers None on record

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