University of Michigan Law School
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Case Name Pedersen v. South Dakota High Sch. ED-SD-0001
Docket / Court 00-cv-04113 ( D.S.D. )
State/Territory South Dakota
Case Type(s) Education
Case Summary
On June 9, 2000, three parents, as guardians ad litem of their minor daughters, filed suit in the U.S. District Court for the District of South Dakota against the South Dakota High School Activities Association. The students represented in the suit were all members of volleyball teams at high ... read more >
On June 9, 2000, three parents, as guardians ad litem of their minor daughters, filed suit in the U.S. District Court for the District of South Dakota against the South Dakota High School Activities Association. The students represented in the suit were all members of volleyball teams at high schools within the Association. The plaintiffs alleged that the Association violated Title IX of the Education Amendments and the Equal Protection Clause of the Fourteenth Amendment by requiring girls volleyball to be played during the winter season.

At the time the suit was filed, girls high school volleyball was played during the fall season in 46 of 50 states. All South Dakota boys high school athletic teams played their schedules during the traditional seasons for their sports. The complaint alleged that the South Dakota girls high school volleyball players were denied opportunities provided to South Dakota's male high school athletes. By requiring the sport to be played in the winter, the South Dakota girls were prevented from effectively competing for college athletic scholarships. The plaintiffs sought a permanent injunction requiring the Association to schedule girls high school volleyball during the traditional fall season.

On November 6, 2000, Judge Lawrence L. Piersol granted a motion for intervention by the United States. The United States filed an amended complaint on November 7, 2000. On December 5, 2000, the parties filed a stipulation agreeing that the Association would schedule girls volleyball during the traditional fall season for every school year, beginning with the 2002-2003 school year. The Association would also schedule girls high school basketball during the traditional winter season and would reimburse the plaintiffs for their attorneys' fees. Finally, within 180 days of the Consent Order, the Association would submit to the court and all parties a detailed plan establishing how the Association would implement the transition and new scheduling of the girls high school volleyball and basketball season. After, the Association would submit to the court and the parties a report annually for two consecutive years describing how the Association had completely and successfully implemented the approved plan. Judge Piersol entered a consent order approving the stipulation that same day.

The Association submitted the plan to implement the season transition on May 11, 2001. After oral arguments, Judge Piersol approved the plan on August 30, 2001. The Association filed the required annual reports on August 28, 2003 and August 27, 2004. Judge Piersol directed dissolution of the consent order and dismissed the case on June 29, 2005.

Carlyn Williams - 02/24/2014


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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
Defendant-type
Elementary/Secondary School
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.
42 U.S.C. § 1983
Defendant(s) South Dakota High School Activities Association
Plaintiff Description Parents on behalf of minor daughters who were student athletes of South Dakota Public Schools.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted Moot
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 2002 - 2005
Case Closing Year 2005
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-0413-LLP (D.S.D.) 06/29/2005
ED-SD-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/09/2000
ED-SD-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint-in-Intervention 11/07/2000
ED-SD-0001-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 11/15/2000
ED-SD-0001-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Consent order 12/05/2000 (D.S.D.)
ED-SD-0001-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Submission of Plan Implementing Season Transition 05/11/2001
ED-SD-0001-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/30/2001 (D.S.D.)
ED-SD-0001-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 07/23/2002 (D.S.D.)
ED-SD-0001-0008.pdf | Detail
Document Source: U.S. DOJ, Civil Rights Division, Education Section
Order of Dissolution of Consent Order 06/29/2005 (D.S.D.)
ED-SD-0001-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Piersol, Lawrence L. (D.S.D.)
ED-SD-0001-0004 | ED-SD-0001-0006 | ED-SD-0001-0007 | ED-SD-0001-0008 | ED-SD-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dunne, Sarah A. (District of Columbia)
ED-SD-0001-0002 | ED-SD-0001-0004 | ED-SD-0001-9000
Entwistle, Frederick M. (South Dakota)
ED-SD-0001-0001 | ED-SD-0001-0003 | ED-SD-0001-0004 | ED-SD-0001-9000
Fuller, William P. (South Dakota)
ED-SD-0001-0001 | ED-SD-0001-0003 | ED-SD-0001-0004 | ED-SD-0001-9000
Lee, Bill Lann (District of Columbia)
ED-SD-0001-0002 | ED-SD-0001-9000
Marshall, Franz (District of Columbia)
ED-SD-0001-0002 | ED-SD-0001-0004 | ED-SD-0001-9000
McBride, Ted L. (South Dakota)
ED-SD-0001-0002 | ED-SD-0001-0004 | ED-SD-0001-9000
Norton, Helen L. (District of Columbia)
ED-SD-0001-0002 | ED-SD-0001-0004 | ED-SD-0001-9000
Ulrich, Bonnie P. (South Dakota)
ED-SD-0001-9000
Defendant's Lawyers Brown, John L. (South Dakota)
ED-SD-0001-0004 | ED-SD-0001-0005 | ED-SD-0001-9000
Other Lawyers None on record

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