University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Pollard v. Rogers Sch. Dist. 1 ED-OK-0002
Docket / Court 4:00-cv-01056 ( N.D. Okla. )
State/Territory Oklahoma
Case Type(s) Education
Case Summary
Parents, on behalf of and as next of friend of female students of Claremore Public Schools, filed suit on December 15, 2000 in the U.S. District Court for the Northern District of Oklahoma against the Independent School District #1 (also known as Claremore Public Schools), alleging that the ... read more >
Parents, on behalf of and as next of friend of female students of Claremore Public Schools, filed suit on December 15, 2000 in the U.S. District Court for the Northern District of Oklahoma against the Independent School District #1 (also known as Claremore Public Schools), alleging that the district had violated Title IX of the Education Amendment, 20 U.S.C. § 1681, and the Equal Protection Clause of the Fourteenth Amendment, by denying female students equal access and opportunity to participate in interscholastic and other school-sponsored athletics. The plaintiffs sought certification of all present and future female students of Claremore Public Schools as a class. The plaintiffs alleged that the school district had selected and offered sports and other athletic opportunities that discriminated against female students. Specifically, the plaintiffs alleged that the school district discriminated against female students in the following areas: 1. funding of athletics, 2. equipment and supplies, 3. schedule of games and/or practice times, 4. travel and/or meals, 5. opportunity to receive qualified coaching, 6. assignment and compensation of coaches, 7. provision of locker rooms and facilities for practice and competition, 8. provision of training facilities and services, and 9. publicity. The plaintiffs sought declaratory judgment that the school district had violated the female students' rights and injunctive relief remedying the discriminatory conduct by, among other things, offering additional female athletic teams.

The parties held a settlement conference before Magistrate Judge Claire V. Eagan on January 19, 2001. The parties filed a Joint Stipulation of Dismissal on March 23, 2001. Chief Judge Terry C. Kern granted class certification and approved the settlement agreement on March 30, 2001.

In the settlement agreement, the school district agreed to offer interscholastic volleyball to grades 7-12, conditioned upon the identification of 13 students at either the middle school or high school level that played volleyball. The district also agreed to establish a ninth-grade fast-pitch volleyball team in the for the 2001-2002 school year if a minimum of 13 students indicated a commitment to participate on the team. Additionally, the district agreed to promote all athletic teams and opportunities, compensate coaches on a gender-neutral basis, and implement procedures for surveying interest in the establishment of other athletic programs for female students. The school district agreed to maintain records of funding and expenditures for both male and female sports teams, select and hire coaches for teams on a gender-neutral basis, establish the basketball schedules on a gender-neutral basis, provide access to the weight-room and other training facilities on a gender-neutral basis, and promote female athletic programs on an equivalent basis with that of male programs.

The case was dismissed on March 30, 2001.

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
Discrimination Prohibition
Implement complaint/dispute resolution process
Recordkeeping
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 #1 of Rogers County
Plaintiff Description Parents on behalf of and as next of friend of their minor daughters, students of Independent School District #1 of Rogers County, also known as Claremore Public Schools.
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 Declaratory Judgment
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year n/a
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)
4:00-cv-01056 (N.D. Okla.) 03/30/2001
ED-OK-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/15/2000 (2000 WL 34511548)
ED-OK-0002-0001.pdf | WESTLAW | Detail
Document Source: Westlaw
Settlement Conference Order 01/09/2001 (N.D. Okla.)
ED-OK-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Stipulation of Dismissal 03/26/2001
ED-OK-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order for Class Action Certification 03/29/2001 (N.D. Okla.)
ED-OK-0002-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 03/30/2001
ED-OK-0002-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Eagan, Claire (N.D. Okla., FISC) [Magistrate]
ED-OK-0002-0002
Kern, Terence C. (N.D. Okla.)
ED-OK-0002-0004 | ED-OK-0002-0005 | ED-OK-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Schiller, Samuel (Tennessee)
ED-OK-0002-0001 | ED-OK-0002-0003 | ED-OK-0002-0004 | ED-OK-0002-0005 | ED-OK-0002-9000
Yasser, Raymond (Oklahoma)
ED-OK-0002-0001 | ED-OK-0002-0003 | ED-OK-0002-0004 | ED-OK-0002-0005 | ED-OK-0002-9000
Defendant's Lawyers Burrage, Michael Sean (Oklahoma)
ED-OK-0002-0003 | ED-OK-0002-0004 | ED-OK-0002-0005 | ED-OK-0002-9000
Downs, Darrell Wayne (Oklahoma)
ED-OK-0002-0003 | ED-OK-0002-0004 | ED-OK-0002-0005 | ED-OK-0002-9000
Long, Karen Lea (Oklahoma)
ED-OK-0002-0003 | ED-OK-0002-0004 | ED-OK-0002-0005 | ED-OK-0002-9000
Taylor, R Stratton (Oklahoma)
ED-OK-0002-0003 | ED-OK-0002-0004 | ED-OK-0002-0005 | ED-OK-0002-9000
Other Lawyers None on record

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