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Civil Rights — Title IX — equal protection

By: WISCONSIN LAW JOURNAL STAFF//February 2, 2012//

Civil Rights — Title IX — equal protection

By: WISCONSIN LAW JOURNAL STAFF//February 2, 2012//

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Rights — Title IX — equal protection

Where a high school schedules most of its boys’ basketball games on weekend nights, and most of the girls’ games on school nights, summary judgment was improperly granted to the school on the girls’ equal protection and Title IX claims.

“The letter from the OCR was distributed to Franklin fourteen years ago; yet, the disparity in scheduling continues. Franklin notes that it is seeking to remedy the disparity on an ongoing basis and that the number of games girls played in primetime increased by ten percent in 2009-2010. But despite Franklin’s efforts, a trier of fact could determine that the present disparity— girls play 53 percent of their games on primetime nights while boys play 95 percent of their games on primetime nights—is substantial enough to deny equal athletic opportunity and that Franklin hasn’t gone far enough to remedy the harmful effects of this disparity. The plaintiffs presented evidence of the negative impact this disparity has on the girls— disproportionate academic burdens resulting from a larger number of weeknight games, reduced school and community support (loss of audience), and psychological harms (a feeling of inferiority). The Women’s Sports Foundation and others filed an amicus brief devoted largely to demonstrating the harm suffered by girls by being relegated to non-primetime scheduling, noting similar concerns as the plaintiffs. We agree that these harms are not insignificant and may have the effect of discouraging girls from participating in sports in contravention of the purposes of Title IX.”

Reversed.

10-3595 Parker v. Franklin County Community School Corp.

Appeal from the United States District Court for the Southern District of Indiana, Lawrence, J., Tinder, J.

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