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Civil Rights Litigation Clearinghouse
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Case Name Dyer v. Osage Sch. Dist. 38 ED-OK-0010
Docket / Court 99-CV-00816 ( N.D. Okla. )
State/Territory Oklahoma
Case Type(s) Education
Case Summary
Parents, as next of friends of their minor daughters, and on behalf of similarly situated female students of Independent School District No. 38 of Osage County, also known as Hominy Public Schools, filed suit against the school district in the United States District Court for the Northern District ... read more >
Parents, as next of friends of their minor daughters, and on behalf of similarly situated female students of Independent School District No. 38 of Osage County, also known as Hominy Public Schools, filed suit against the school district in the United States District Court for the Northern District of Oklahoma, alleging that the district had violated Title IX of the Education Amendment of 1972, 20 U.S.C §1681 and the Equal Protect Clause of the Fourteenth Amendment. The plaintiffs alleged that the school district denied female students an equal opportunity to participate in interscholastic and school-sponsored activities and equal opportunity and treatment that accompanies the equal opportunity to participate in school activities based on gender.

Specifically, the plaintiffs alleged that the district had discriminated against female students with respect to equipment and supplies, scheduling of games and practice times, travel, opportunity to receive qualified coaching, assignment and compensation of coaches, provision of locker rooms and practice facilities for both practice and competition, provision of medical and training facilities and services, and publicity.

The plaintiffs sought class certification on behalf of all similarly situated female students at Hominy Public Schools and injunctive relief requiring the school district to provide female students equal treatment and benefits as male students. The plaintiffs also sought monetary relief for damages, including out-of-pocket expenses and those incurred as a result of unequal treatment. Judge Michael Burrage granted class certification.

A settlement conference was held before Magistrate Judge Sam A. Joyner on June 19, 2000. Judge Burrage entered an order for a settlement agreement on November 11, 2000. In the agreement the school district agreed to add a 7th and 8th grade girls' fast-pitch softball team beginning with the 2000-2001 school year, and to conduct a survey in the Fall of 2000 to gauge the interest of female students in grades 6-11 for participation in volleyball, soccer and slow-pitch softball and to accommodate that interest. The school district also agreed to conduct a survey the following school year to determine the interest in sports not offered for female students and the potential to add a sport for the 2002-2003 school year. The district agreed to offer coaching salaries on a gender neutral basis, establish coaching offices outside of locker rooms, account for revenue and expenditure with respect to athletics, and establish a grievance system. The district also agreed to improve the softball facilities, increase fundraising for both male and female athletic programs, select coaches for male and female teams using the same criteria in a gender neutral manner, and schedule games and practices and improve access to facilities on a gender neutral basis.

Carlyn Williams - 03/10/2014


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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
Defendant-type
Elementary/Secondary School
Discrimination-basis
Sex discrimination
General
Funding
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Defendant(s) Independent School District No. 38 of Osage County
Plaintiff Description Parents, as next of friends of minor daughters, and on behalf of other similarly situated students of Independent School District 38 of Osage County that wish or may wish to participate in interscholastic activities and athletics.
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 Attorneys fees
Declaratory Judgment
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2000 - n/a
Case Closing Year 2001
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)
4:99-cv-00816-mb (N.D. Okla.) 01/29/2001
ED-OK-0010-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 09/29/1999
ED-OK-0010-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order for Class Action Certification 12/02/1999 (N.D. Okla.)
ED-OK-0010-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Conference Order 12/16/1999 (N.D. Okla.)
ED-OK-0010-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 11/30/2000
ED-OK-0010-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order for Attorneys' Fees 11/30/2000 (N.D. Okla.)
ED-OK-0010-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Stipulation of Dismissal 01/29/2001 (N.D. Okla.)
ED-OK-0010-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Burrage, Michael Sean Court not on record
ED-OK-0010-0002 | ED-OK-0010-0004 | ED-OK-0010-0005 | ED-OK-0010-0006 | ED-OK-0010-9000
Monitors/Masters None on record
Plaintiff's Lawyers Schiller, Samuel (Tennessee)
ED-OK-0010-0001 | ED-OK-0010-0004 | ED-OK-0010-0005 | ED-OK-0010-0006 | ED-OK-0010-9000
Yasser, Raymond (Oklahoma)
ED-OK-0010-0001 | ED-OK-0010-0004 | ED-OK-0010-0005 | ED-OK-0010-0006 | ED-OK-0010-9000
Defendant's Lawyers Long, Karen Lea (Oklahoma)
ED-OK-0010-0004 | ED-OK-0010-0005 | ED-OK-0010-0006 | ED-OK-0010-9000
Other Lawyers None on record

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