University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Barrett v. West Chester Univeristy ED-PA-0006
Docket / Court 03-04978 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Education
Case Summary
On September 4, 2003, female students, on behalf of themselves and all similarly situated individuals, filed a lawsuit in the United States District Court for the Eastern District of Pennsylvania under Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. against West Chester ... read more >
On September 4, 2003, female students, on behalf of themselves and all similarly situated individuals, filed a lawsuit in the United States District Court for the Eastern District of Pennsylvania under Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. against West Chester University of Pennsylvania of the State System of Higher Education, also known as West Chester University. Plaintiffs, represented by private and public interest counsel, asked the court for declaratory and injunctive relief, claiming that West Chester University had violated plaintiffs' statutory rights under Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681, and related regulations and interpretations, by discriminating on the basis of sex in intercollegiate athletics by failing effectively to accommodate the interests and abilities of women student athletes and potential student athletes, and by failing to accord women student athletes equal treatment and benefits. Specifically, plaintiffs claimed that the recent elimination of its women's gymnastics team perpetuated West Chester University's continuing violation of Title IX's standards.

On November 12, 2003, the District Court (Judge Barclay Surrick) granted plaintiffs' preliminary injunction directing defendants to reinstate the West Chester University women's gymnastics team. On May 7, 2004, the Court dismissed without prejudice all claims other than the claim that defendant violated Title IX when it sought to eliminate the women's gymnastics team as of the 2003−04 academic year. On March 31, 2006, the Court granted in part and denied in part plaintiffs' motion for awarding of attorneys' costs and fees, and awarded plaintiffs $148,472.59, which was to be paid by defendants. On April 24, 2007, the Court denied plaintiffs' motion for reconsideration and amendment of attorneys' fees.

The case was terminated on April 7, 2007.

Heather Turner - 03/18/2014


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Content of Injunction
Preliminary relief granted
Defendant-type
College/University
Discrimination-basis
Sex discrimination
General
Funding
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.
Defendant(s) West Chester University
Plaintiff Description Female, full-time, Pennsylvania-resident students at West Chester University.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Unknown
Form of Settlement Court Approved Settlement or Consent Decree
Voluntary Dismissal
Order Duration not on record
Case Closing Year 2007
Case Ongoing No
Additional Resources
click to show/hide detail
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)
2:03-cv-04978-RBS (E.D. Pa.) 04/24/2009
ED-PA-0006-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint - Class Action 09/04/2003
ED-PA-0006-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum & Order [Granting Preliminary Injunction] 11/12/2003 (2003 WL 22803477 / 2003 U.S.Dist.LEXIS 21095) (E.D. Pa.)
ED-PA-0006-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum & Order [Concerning Attorneys' Fees] 03/31/2006 (2006 WL 859714 / 2006 U.S.Dist.LEXIS 15332) (E.D. Pa.)
ED-PA-0006-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion Denying Plaintiffs' Motion for Reconsideration and Amendment of Award of Attorney's Fees 04/24/2009 (636 F.Supp.2d 439) (E.D. Pa.)
ED-PA-0006-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Surrick, Richard Barclay (E.D. Pa.)
ED-PA-0006-0002 | ED-PA-0006-0003 | ED-PA-0006-0004 | ED-PA-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brueckner, Leslie A. (District of Columbia)
ED-PA-0006-0001 | ED-PA-0006-9000
Hangley, William T. (Pennsylvania)
ED-PA-0006-0001 | ED-PA-0006-9000
McKee, Sharon (Pennsylvania)
ED-PA-0006-0001 | ED-PA-0006-9000
Defendant's Lawyers Tesoro, Claudia M (Pennsylvania)
ED-PA-0006-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -