University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name McCartney v. Mayes Sch. Dist. 32 ED-OK-0012
Docket / Court 99-CV-00660 ( N.D. Okla. )
State/Territory Oklahoma
Case Type(s) Education
Case Summary
On August 10, 1999, parents, on behalf of their minor daughters, filed suit in the United States District Court for the Northern District of Oklahoma against Independent School District No. 32 of Mayes County, alleging that the school district had violated Title IX of the Education Amendment, 20 U. ... read more >
On August 10, 1999, parents, on behalf of their minor daughters, filed suit in the United States District Court for the Northern District of Oklahoma against Independent School District No. 32 of Mayes County, alleging that the school district had violated Title IX of the Education Amendment, 20 U.S.C. § 1681, and the Equal Protection Clause of the Fourteenth Amendment through disparate treatment of female students with respect to providing an equal opportunity to participate in interscholastic and other school-sponsored athletics. The plaintiffs sought class certification on behalf of all present and future female students enrolled at Chouteau Public Schools who participate, seek to participate, or are deterred from participating in interscholastic and/or other school-sponsored athletics at Chouteau Public Schools.

Specifically, the plaintiffs alleged that the school district violated the female students' rights by knowingly and intentionally offering sports and levels of competition in a manner which discriminates against female students. Additionally, the complaint alleged that the defendants had discriminated against female students with respect to equipment and supplies provided, scheduling of games and practice times, travel, the opportunity to receive qualified coaching, the assignment and compensation of coaches, provision of locker rooms and facilities for both practice and competition and publicity. The plaintiffs sought a declaratory judgment that the defendants had violated the students' rights and an injunction requiring the defendants to cease their discriminatory practices and remedy the effects of such practices and discriminatory conduct.

The District Court (Judge Michael Burrage) certified the class in an order dated October 28, 1999. On November 2, 1999, the District Court (Magistrate Judge Claire V. Eagan) set a settlement conference for March 13, 2000. The parties entered a joint stipulation of dismissal on May 25, 2000, and Judge Burrage approved a settlement agreement on June 27, 2000.

In the agreement the school district agreed to take affirmative steps to increase female student participate in athletics. They agreed to conduct a survey to determine interest in women's volleyball and soccer at the high school level, and volleyball, soccer and fast and slow pitch softball at the middle school level, and to add those sports for which there was interest. The school district also agreed to establish a system for accounting for revenues and expenditures for male and female sports. The district also agreed to schedule basketball games on a gender-neutral basis and to treat female students equivalent to male with respect to travel, food, lodging and other similar privileges.

The District Court (Judge Burrage) dismissed the case on July 17, 2000.

Carlyn Williams - 03/17/2014


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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
General
Funding
Record-keeping
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 No. 32 of Mayes County
Plaintiff Description Parents, on behalf of and as next of friend of their minor daughters, and on behalf of all female students who participate, seek to participate, or are deterred from participating in interscholastic and other school-sponsored athletics at Chouteau 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 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 2000
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-660 (N.D. Okla.) 07/17/2000
ED-OK-0012-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 08/10/1999
ED-OK-0012-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order for Class Action Certification 10/28/1999 (N.D. Okla.)
ED-OK-0012-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 06/27/2000
ED-OK-0012-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Stipulation of Dismissal 07/17/2000 (N.D. Okla.)
ED-OK-0012-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Burrage, Michael Sean Court not on record
ED-OK-0012-0001 | ED-OK-0012-0002 | ED-OK-0012-9000
Monitors/Masters None on record
Plaintiff's Lawyers Schiller, Samuel (Tennessee)
ED-OK-0012-0001 | ED-OK-0012-0002 | ED-OK-0012-0003 | ED-OK-0012-0004 | ED-OK-0012-9000
Yasser, Raymond (Oklahoma)
ED-OK-0012-0001 | ED-OK-0012-0002 | ED-OK-0012-0003 | ED-OK-0012-0004 | ED-OK-0012-9000
Defendant's Lawyers Long, Karen Lea (Oklahoma)
ED-OK-0012-0001 | ED-OK-0012-0002 | ED-OK-0012-0003 | ED-OK-0012-9000
Other Lawyers None on record

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