A Title IX victory in Florida: settlement reached in Cook v. FHSAA
Thursday, October 22, 2009 -
After months of court arguing, the landmark Title IX lawsuit in Florida concerning recent budget cuts of high school sports programs has been settled out of court, in favor of the plaintiffs, four parents representing their student-athlete daughters. Both parties agreed to terms that will last through December 31, 2015.
In April, the Florida High School Athletic Association (FHSAA) tried to cut 20 percent to 40 percent of all competitive sports schedules - except football and competitive cheerleading – under budget-cutting legislation titled “Policy 6.” Due to the size of football programs in the state of Florida, this resulted in an unequal advantage for male student-athletes. Almost 30 percent of boys were exempt from the cuts, compared to only five percent of girls.
Silvana Cook, on behalf of her minor daughter, joined five other parents in the lawsuit against Florida’s high school sport’s governing body. Since the cuts exempted a considerably greater proportion of boys than girls, they claimed this was a violation of Title IX.
The FHSAA’s defense was that their football programs are co-ed, so this would not limit girls’ opportunities to participate in sport. Three female student-athletes participated in high school football in 2008 in Florida.
However, the court ruled that the defense’s claim does not justify cuts, which in reality would limit girls’ opportunities at a much greater rate than for the boys.
According to the court ruling, “Sports participation opportunities and benefits are to be measured by the girls and boys actually playing sports, not by including illusory opportunities they could potentially play.”
This affirmation of the girls and their parents’ victory is included in an agreement signed by all parties. The positive result adds to their success in getting the program cuts overturned. In July, the FHSAA Board of Directors voted unanimously (15-0) to overturn its previous vote to reduce the number of contests in a season. This settlement shows positive legal steps to enforce compliance by the FHSAA in years to come.
The plaintiffs were represented by Nancy Hogshead-Makar, Legal Advisory to the Women's Sports Foundation and a three-time Olympic gold medalist in swimming. Hogshead-Makar believes this is a positive step for gender equality.
"My hope is the state of Florida will be like the other states that have embraced athletic equality," Hogshead-Makar said. "The settlement agreement keeps (the FHSAA) from making this kind of decision again."
In the settlement, the FHSAA agreed to comply to all federal non-discriminatory policies in the future, including the Florida Educational Equity Act, the Equal Protection Clause of the US Constitution and Title IX of the Educational Amendments of 1972. They also agreed not make any cuts of sports teams in the future without first determining whether one gender would be affected greater than the other.
Training sessions are also a major component of the settlement. The Athletic Association must provide training sessions about the obligations of the agreement under Title IX and other gender equity laws. They must also do a session for the FHSAA Representative Assembly in January and conduct annual Compliance Seminars beginning in July of 2010. All training sessions will be conducted by a civil rights, education, or Title IX attorney.
The Athletic Association also agreed not to retaliate against the plaintiffs, and to instruct their employees that retaliation against these students for their part in the lawsuit is against the law.
Both parties agree to:
- The Athletic Association agrees to comply with all federal non-discriminatory policies related to state athletic associations, including the Florida Educational Equity Act, the Equal Protection Clause of the US Constitution, and Title IX of the Educational Amendments of 1972.
- The Association, employees and agents agree not to retaliate against the plaintiffs in the lawsuit, and agree to inform their schools, employees, and agents that such retaliation is against the law.
- Policy 6 – the Association will not make changes that treats one gender different from the other, in this case that impacts proportionally one gender from the other, this should not be measured by the potential of football being a co-ed sport.
“Sports participation opportunities and benefits are to be measured by the girls and boys actually playing sports, not by including illusory opportunities they could potentially play.”
- The Association must give two weeks written advance notice of any changes to Policy 6 to Nancy Hogshead-Makar.
- The Association must provide the Plaintiffs counsel with
- At the Association’s Representative Assembly, the Association must provide training to attendees about their obligations under Title IX; at the Associations Compliance Seminars scheduled for July 2010 and scheduled annually through 2015 will provide training to the attendees about their obligations under Title IX and other gender equity laws. The trainer will be a civil rights, education, or Title IX attorney.
- The Plaintiffs waive their claims to monetary damages from this litigation.
- The Association will cover the Plaintiffs legal costs to their attorneys.
- The Agreement will last through December 31, 2015.
- Any child that is in the school system, by and through their legal guardian, has standing to enforce this agreement.