School district sued over Title IX concerns

BY ANDREW WELLNER
Frontiersman
Published on Monday, September 28, 2009 7:49 PM AKDT

MAT-SU — Two Colony High School softball players and their parents have filed a lawsuit in federal court against the school district, claiming that girls’ sports aren’t treated the same as boys’ sports in the district. That’s in conflict with Title IX, a federal mandate requiring equal opportunity for student participation.

One girl is 14 years old, the other 17.

The girls and their parents are unnamed in the suit and referred to only by initials. Samuel Schiller, an attorney out of Cookeville, Tenn., filed the suit on Thursday.

The school district had not filed response in court as of press time. School District Spokeswoman Catherine Esary did not have any comment on the suit, but did speak in general terms about sports funding.

In the suit, Schiller writes that the district funding discriminates by:

• Funding boys’ sports better than girls’ sports by, for example, requiring the softball team to raise money for its own equipment and supplies.

• Providing better facilities for the boys, for example, by providing an on-campus practice field for baseball but none for softball. Baseball teams, the suit alleges, also gets to use Hermon Brothers Field while the softball teams are stuck with the Bumpus fields, which they can’t use because alcohol is served there.

Esary, in talking about funding, said that most every district sports team, or even extra-curricular activity, engages in raising funds.

“Chess clubs, choirs, drama, music — there’s always more need than there is money, and so almost every student group in the district will be raising money at some point,” she said.

The suit asks that the school district be ordered to fund sports more equally and pay the plaintiffs’ attorney fees.

Editor’s note: See Tuesday’s Frontiersman for more on this story.

Comments

55 comment(s)

    To True Conservative wrote on Oct 11, 2009 4:28 PM:

    " I can't believe I am saying this since in the past you seemed to be such a self centered person; BUT I agree with you. Sports is not an entitlement. All money should go for EDUCATION only and when I say education I mean the 3 R's and not social issues. Let's quit paying for sports and give our kids a great education! Let's put America back on top of the world. I do believe we should support our schools the childless and people with children because their education impacts ALL of us in....the....end. "

    A Tennesee Lawyer wrote on Oct 11, 2009 3:41 PM:

    " I know from personal experience when you have an unusual "out of the box" type of lawsuit you can be hard pressed to find a GOOD attorney who can handle certain types of cases. I myself considered hiring an attorney out of New York for my case. As a girl who was involved with high school sports in my younger years I myself have seen and experienced the discrimination. Things need to change! Thumbs up to the girls and their families. Don't let the teachers know who you are. Your grades may go......down. "

    to really wrote on Oct 7, 2009 9:43 AM:

    " WIthout going into too much detail. Just the infield mix has to be the right mixture of clay, a certain percentage of sand, void of very much silt, screened usually at least twice and quite a few tons of it to boot. Then conditioned needs to be added. That helps with water absorbtion and makes it easier to manage on an ongoing basis. My guess is the school district had none of the above, on hand.
    Bases and the in ground stands, dugout supplies, fencing, backstops...come to mind (probably not laying around the school district warehouse either) "

    Really wrote on Oct 6, 2009 6:26 PM:

    " How do you order, ship and receive a field to play games on? "

    to OK wrote on Oct 6, 2009 10:49 AM:

    " Wrong again...you have much to learn. There was a lot going on that you are unaware of. Things have to be ordered, shipped, and received. They just don't pop out of thin air. Try talking to some of the people that know what has been going on. "

    Okay wrote on Oct 6, 2009 9:43 AM:

    " The meeting happened in June and then nothing happened. The best summer weather was over and no work had been accomplished. The lawsuit was filed in late September, and suddenly dirt was turned on a field. Doesn't take a rocket scientist to figure out the Board didn't intend to get the work done in time for the upcoming spring season. Can't work a field with snow on the ground. They are trying to save face now and say "we intended to do this all along"...fishy. "

    sue happy - stealing money from education wrote on Oct 6, 2009 7:57 AM:

    " Yeah, way to go parents....lets sue them, take more money from our kids education. If you have a problem with boy/girl issues fine...but suing them wont solve this problem and in reality, there are much bigger issues with the schools right now and to be concerned about the extra-curricular stuff is petty and selfish.

    There are lots of options for other activities and sports, why do we have to rely on the schools to provide them?

    Quite easily these 2 families could use the attorney money being spent.. on the extra activities for these unique girls. "

    to Colony girls wrote on Oct 5, 2009 7:51 PM:

    " You are wrong and not smart enough to know it. I hope the school district doesn't drop softball and baseball because of the Colony girls softball team.
    BTW..the change to baseball/softball 's status, funding and ordering supplies for field work happened in June. YOUR bogus lawsuit was just filed recently. It had nothing to do with any of the work being done. Once again Alcantra is BOROUGH property, not school district property.
    Just because you weren't paying attention, don't play the victim. Oh sure, the world's out to get you. Everyone is wrong and you are right.... NOT "

    Softball Girl wrote on Oct 5, 2009 6:54 PM:

    " Everything in this article is BS. If you have played with Colony before you know what goes on. It really disappoints me that they would publish an one-sided article like this. They never mention how the district has been treating us and coach. Even the media is unfair to us just because we are girls that love softball, and not boys who love football.
    Come on people! This is the USA not some third world country! We are supposed to be treated equally! "

    TO whats-her face to colony softball player wrote on Oct 5, 2009 6:46 PM:

    " The fields have only been fixed because they filed this lawsuit. The School did not do anything beforehand.
    Softball is funded this year. That is just about the only thing that you got right. But this fight is about so much more than funding, and so people like you who think they are experts just because you read some article in the paper and claim to know what they are talking about are fools. So next time, why don't you just keep your mouth shut and leave my team alone. Everybody knows the media never reports the full story. "

    TO whats-her face to colony softball player wrote on Oct 5, 2009 6:30 PM:

    " It is not the players that need to get their facts straight, it is you. If you truly do suport softball like you say you do then you would know that we were kicked off bumpus by the buero last year after several drunk men came to one of the softball games. You would also know that since then the school district has been refusing to get us a new feild, even though fields like Alcantra were not being used. Their excuse was that they were being saved for "future little legue boys". They even offered to volunteer their time. "

    Just Sayin wrote on Oct 4, 2009 10:36 PM:

    " I don't think Colony's attempt to blunt the accusations of this case by fielding a team of girls on Friday night against Bartlett will work. "

    to colony softball player wrote on Oct 4, 2009 9:49 AM:

    " You are SO uninformed. Get the facts. Softball and baseball are FUNDED now. They are a full time sport. You get money for travel. You are getting your fields fixed at Colony and Wasilla. Your coach is being paid. Quit acting like you know what is going on because obviously you can't even read what is written in these articles. Go back and re-read these articles. Do a little research and learn. BTW, I support softball, you girls are so far off-base that you'll be tagged out. "

    Colony Softball Player wrote on Oct 3, 2009 6:42 PM:

    " Thank you Colony Captain!
    I play softball for colony and most people don't know the situation that is going on. We fundraise, and fundraise then fundraise some more. Every year we have feild maintance for our practice feild behind Colony Middle. Our coach has gone to meetings to try to get us a feild to play on. And it's not that we dont' want to play at bumpus we CAN'T. Its in voilation of the district rules for sports. Is it sexist? No not really. Techincally we are a "club" sport, but why shouldn't we be associated with Colony? "

    Options are out there wrote on Oct 2, 2009 3:54 PM:

    " there are fields available at various sites in the valley. The Sherrod complex has at least 3 fields, the Alcantra complex by Larson elementary has at least 3 fields and their are more fields that are fairly new off of the Melanie /spruce area.

    One needs to look at the opportunities that are available in a community before suing because something new has to built. "

    Oops wrote on Oct 2, 2009 7:29 AM:

    " rotate the use of the fields........no cost, no exceptions, no problem......clear cut, simple solution.......keep it simple. "

    True Conservative wrote on Oct 1, 2009 7:15 PM:

    " I'm tired of supporting this socialist idea of public education. You force me to pay taxes to pay for these children's education. I have no children. Their parents should be paying for their education. User fees! Now you parents are whinning about fields for playing a game. This is just too much! NO MORE SPORTS! You socialists never give up! When you don't get your way you sue. I want my country back! Read our Constitution! You aren't promised an education. It isn't a right. "

    Read My Last Post wrote on Oct 1, 2009 12:39 PM:

    " valley sports opinionator, You stated, " If the practice facilities at Colony are unequal, then that is a clear Title IX violation. " Again, the reason fields appear to unequal is the amount of commitment by those using it. Instead of boo-hooing that PHS soccer does very little to groom the field during the off season, others simply pitch in and do what is needed. Coach Hanson is frequently on a lawn tractor even though we no longer play on the field this year. Get yer Hands Dirty! "

    Reap What You Sow wrote on Oct 1, 2009 12:32 PM:

    " Machetanz playing field at Palmer High School is always the best groomed field in the valley, year in and year out. The reason is because of the coaching staff of Palmer High work on it throughout the summer. This year the football team re-sodded half of the field, last year 80-yards of topsoil was spread on the practice filed. Maybe instead of wasting school district funds by this lawsuit, try, just try and roll up your sleaves and get the work done through hard work. It works for the users of Machetanz field. "

    rule 82 wrote on Oct 1, 2009 7:47 AM:

    " if the case is found without merit or cause, or is deemed frivilous, defendands have the right to collect for all fees under alaska rule 82.

    so, those that bring the suit could have to pay for all of the school districts costs if thiese complaints are unfounded.

    and i hope they take their homes for it.

    i, as a taxpayer, am tired of paying for lawyers to defend crybabies like these. "

    Wrong Fault wrote on Sep 30, 2009 12:35 PM:

    " 1st- You shouldnt be sueing the District

    2nd- You need to ask the Borough to develop some fields not the district

    3rd- Make due with whats available for now

    4th- it was a CHOICE not to play at Bumpus made by you not forced on you

    5th- Enjoy playing the game "

    Sherrod wrote on Sep 30, 2009 7:29 AM:

    " Wasn't the Sherrod Complex suppose to have a regulation softball field for the high school teams and isn't it suppose to be city maintained? Doesn't seem like it would take much to fix the back field (the one without a mound) into a very good softball field. "

    No softball fields wrote on Sep 30, 2009 7:19 AM:

    " Besides Bumpus, there's a legal sized softball field at the Sherrod complex. There are two softball fields by the MSB building. There are fields behind Colony Middle and there's a practice field at Colony High where the soccer team usually practices. Granted, the fields are not in great shape, but the difference is other sports' players and parents are willing to put in some sweat equity. Be an example to your kids and a leader in the community; drop the lawsuit and pick up a shovel and rake instead. "

    COLONY CAPTAIN wrote on Sep 29, 2009 11:43 AM:

    " THIS IS NOT ABOUT COLONY!
    THIS IS ABOUT EVERY SOFTBALL PLAYER IN THE VALLEY
    THIS IS ABOUT PALMER, WASILLA, HOUSTON, COLONY.... ANY SCHOOL WHO WANTS TO PLAY BALL THAT CANT, BECAUSE SOFTBALL HAS NO FIELDS! THATS THAT, SOFTBALL HAS NO FIELDS....

    we have bumpus... and thats it. The practice field behind colony is dangerous as is the one behind wasilla. The only regulation softball fields are in anchorage, and its rediculous that we are being ridiculed for wanting a local field to call our own.

    BUMPAS ARE NOT REGULATION FAST PITCH FIELDS.

    We wont settle "

    valleymessenger wrote on Sep 28, 2009 9:53 PM:

    " This is awesome!! With all the causes there are to argue about and with all the other lawsuits and pending lawsuits with the local governments, this makes such big news... The Frontiersman is going away...Who will report this insignificant news then? Glad I can read it for free.... "

    SENIOR SOFTBALL PLAYER wrote on Sep 28, 2009 8:08 PM:

    " THE THING IS THAT WE DO FUND RAISE ALL YEAR LONG AND WE CANT PLAY AT BUMPAS BECAUSE THHE SCHOOL DISTRICT AND IF WE DO GET THESE FIELDS IT WILL HELP ALL THE VALLY FAST PITCH TEAMS...... IT IS NOT JUST FOR COLONYS BENEFIT "

    Its only fair. wrote on Sep 28, 2009 6:12 PM:

    " Cut funding for all high school sports and put the money into roofs and security systems so we don't have to fund another bond for basic maintenance. Of course, we'll hear how athletes will drop out if they can't play their favorite games, but so what. If that's the only reason they are there, they are dragging down the kids who are actually trying to get an EDUCATION. Don't even get me started on how much sport teaches kids. Along with healthy competition, they also learn how aggressive and abusive a losing parent can be. "

    Jaclyne wrote on Sep 28, 2009 6:06 PM:

    " Since this is just an overview of the case, i feel like no one has the right to be bad mouthing anyone. Not the parents, not the kids, not the lawyer. No one on here knows the whole story, therefore no one should really be commenting on it in this way. So much ignorance and anger.. its rediculous. I feel like unless you guys are reviewing the entire case and understanding both sides that there should be no comments or complaints. its easy for you to be mad and say things that are irrelevent isnt it? "

    Anyone can sue wrote on Sep 28, 2009 1:22 PM:

    " That is correct.

    The problem (for taxpayers) is that WE have to pay for the lawyers to defend these cases.

    $300.00 per hour.

    Where is the MatSu Borough Risk Management Department?

    This will cost the constituents a lot of our cash.

    My recommendation? Cut all sports, and make it a pay-to-play deal.

    Let's focus spending on reading, writing, arithmatic....the basics.

    Sports cause too many headaches like this.

    Jeff Hewitt, Wasilla "

    valleygrown wrote on Sep 28, 2009 12:38 PM:

    " I played sports my whole life. Softball at WHS, we did fundraisers, wrestling had fundraisers, football had fundraisers. We played in the fields by the highschool, talk about an ankle roller.
    Every sport I know has fundraisers, the girls are not being singled out, step up your game and get off your butts and go find sponsers or have a fundraiser. Keep the outsider from Tenn. outt here with his know nothing about AK self..... "

    valley sports opinionator wrote on Sep 28, 2009 12:00 PM:

    " Now that's a valid complaint. Whoever does scheduling at Bumpus should have better sense than to allow high school players near beer-guzzling adult leaguers.
    Also, there is one legitimate part of this lawsuit. If the practice facilities at Colony are unequal, then that is a clear Title IX violation. "

    NO alcohol at Sherrod Complex wrote on Sep 28, 2009 10:25 AM:

    " and i believe there is a softball sized field remaining. Also, baseball and softball are treated the same by the MSBSD. Case closed! Next. Oh, there are softball fields galore behind Colony. Fenced and everything. Take your pick for practice. You may have to do a little work or maintenance...or you could sue for someone else to do it. "

    Mr. Mackey wrote on Sep 28, 2009 10:12 AM:

    " Sounds to me like these girls recently moved up here from Tennessee and looks like some can't spell it correctly, hence the lawyer relationship. This ain't Tennessee, we don't care how it's done thar, mmkay! "

    Perhaps... wrote on Sep 28, 2009 10:07 AM:

    " Perhaps the high school softball programs should consider scheduling games prior to 6:30pm in the evening when adult softball is being played at Bumpus? "

    Well.... wrote on Sep 28, 2009 10:05 AM:

    " High School softball was not "kicked off" Bumpus Softball Complex. High School games were scheduled at the same time adult softball games were being played. Beer / wine was being sold during the games, legally, and the visiting teams from outside of the Mat Su Valley complained.....resulting in the valley high school teams no longer wanting to play at Bumpus. Perhaps this is all a push for high school softball to obtain there own fields and throw others under the bus in the process? "

    fed up wrote on Sep 28, 2009 9:15 AM:

    " My kid wants to do balerina dancing and underwater basket weaving for sports where is the lawyer so I can sue. Amazing how did these stupid parents survive when they were kids. I think we should just pretend like there is no difference with boys and girls only have one locker room & one bathroom. Im sure my son wouldnt mind showing with your daugthers. What about the parents that spend all kinds of time with boosters and fund raising and there kid stands on the side line instead of playing. I guess I need a lawyer for that too. "

    valley sports opinionator wrote on Sep 28, 2009 12:55 AM:

    " The lawyers need to get facts straight. First, both softball AND baseball are outsourced sports, meaning neither receives any funding from the school district. All money for equipment, travel, etc., is through fundraising. Second, the baseball team gets to play on a field like Hermon Brothers only because the Valley happens to have an Alaska League Baseball team, the Mat-Su Miners. Why should the baseball team be penalized for that? And since when did high school softball teams get kicked off of Bumpus? (which is a fine facility). That's news to me. "

    Paul Maguire Lib wrote on Sep 27, 2009 11:54 PM:

    " How can you study something objectively when your personal opinions are so obviously skewed? "Seasoned individuals"???? seriously, dude...get over yourself.... "

    Paul Maguire PhD wrote on Sep 27, 2009 1:47 PM:

    " I study how dominant cultures interact with people who are underrepresented and/or marginalized, including women/girls, people w/disabilities, seasoned adults, the poor, people of color, and people who are homeless. Creating meaningful change can be inter-generational (attitudinal), but sometimes certain protections (legilslation) can enhance the rate and quality of change needed. Personally, I'm tired of the selfishness demonstrated by many of the "have's." I see it daily. From illegal parking in person's with disabilities parking to cigs. being tossed out car windows. Any girl engaged in sport should have same opportunity (access, participation, funding) as males. "

    Boots wrote on Sep 27, 2009 9:13 AM:

    " This whole thing sounds like those parents little girls didn't get their way. So the parents are making a Mountain out of a Mole Hill. And a Tenn. Attorney I thought we have lots of great lawyers here in the Valley...Maybe these families should move to Tennessee. Every school in the Valley both girls and boys have to raise money for stuff they need. I think these parents need to get over them selves or move out of Alaska... "

    Club Sports wrote on Sep 27, 2009 12:13 AM:

    " Baseball and Softball are club sports in the district. No coach stipends or transportation. As for the others, all the district pays for are coach stipends and bus transportation and some airfare. Paying for uniforms, equipment, and officials all come from fund raising, gate receipts, and sport fees.
    The Frontiersman should really look into the number of lawsuits the district has/is facing and the cost of them. It takes lots of $$$ from the classrooms. Are they baseless lawsuits or is it a lack of good management by the administration? "

    Replace Troxel wrote on Sep 26, 2009 10:11 PM:

    " This is just lack of leadership at the administrative level. I hope the new board will replace Troxel and all the leeches working for him. "

    Another point wrote on Sep 26, 2009 8:19 PM:

    " Could it be that this attorney from Tennesse specializes in getting paid by school districts for this offense? Did he contact some valley parents and fill their heads with this nonsense? Does he have a form letter he sends to every school district looking for an easy payoff? "

    Baseball Mom wrote on Sep 26, 2009 6:44 PM:

    " Baseball has not been a funded sport for the past 7 years my boys have been involved. The team has had to raise money for everything including travel. The school district has not given us anything. We do use Hermon Brother field but as far I know the school does not pay for its use. The boys have to help out every spring to get the field ready for the season. "

    What wrote on Sep 26, 2009 5:50 PM:

    " Someone and their out-of-state lawyers seems to be really lacking in facts. I guess anyone can sue anyone. "

    Student wrote on Sep 26, 2009 12:42 PM:

    " Yeah they are treated different because they suck.

    Maybe if your team stepped up It's game you'd do as the boys do. "

    Sportsperson wrote on Sep 26, 2009 12:37 PM:

    " Alcohol is also served at Hermon Brothers. High school baseball games are rarely played there, anyway. All sports raise their own money. These folks are going to do nothing more than bring ridicule upon their daughters who, it should be pointed out, would be welcome to go out for the baseball or even football team. The same cannot be said for boys. "

    Solution wrote on Sep 26, 2009 11:48 AM:

    " Give them what they want... Right off the bat cut Swimming because not all schools have pools, and that is unfair. Next create a men's volleyball team as well as a women's football and hockey team, because of course this is fair. Finally, if the schools are able to field all of these men's and women's sports teams let's jack up the costs of participation fees and convince all of the parents that all the work they do raising booster money to support their child's sport will be spread around to everyone, because that is fair. "

    allen wrote on Sep 26, 2009 9:46 AM:

    " I can't speak for Colony, but Palmer high boys routinely do fund raising events. Palmer girls I'm sure do also. My main question is why was this suit filed by a lawyer from Tennessee? Does plaing the attoney's fees also include airfare to and from Alaska to represent whomever is bringing this ridiculous lawsuit? "

    basics wrote on Sep 26, 2009 9:20 AM:

    " time to make it even and make all sports fund there own fun. make schools get back to funding the basics so all children can benefit from a strong education. "

    Rob Metz wrote on Sep 26, 2009 7:13 AM:

    " The school district better get their act together. Yet another reason to get involved in the school board election. It is time to bring the administration to the wood shed for some Board of Education. Their mounting stupidity has succeeded to take even more money out of the classroom. "

    Raises questions wrote on Sep 26, 2009 7:04 AM:

    " A couple of observations about the arguements presented in this article. Alcohol is served l at Hermon Brothers field also. There should be away around that. Perhaps playing "dry" games? Come to think of it, they play the big tournaments at the Sullivan Arena and I know alcohol is available there. Maybe just not during competition. The other point about having to raise money for their own equipment and supplies. Hello! The booster clubs for each sport raise money for that. Perhaps effort put in by these parents as supporters rather than as plantiffs would better serve. "

    Paul Maguire PhD wrote on Sep 26, 2009 3:57 AM:

    " I've prepared health and physical educators since 1980 at a number of universities. The district has been in violation of many equal opportunity pieces of legislation for a long time. Ignoring Title IX is one of many violation re: physical ed./activity. Other areas of weakness re: compliance to federal mandates re: equal opportunity in physical education/activity, include: PL 93-112, Section 504 (access), Americans with Disability Act (ADA) (access, full participation on par w/non-disabled peers outside of school); Individuals with Disabilities Educational Act (IDEA) (physical education treated as a "related service," but is a "direct," required service). "

    Joe wrote on Sep 25, 2009 7:16 PM:

    " the MAT SU School district needs better legal advice! Superintendant George Troxel did not support the concept of a lawyer advising the school board to avoid exactly this type of legal scew-up. Litigation mismanagement is just another reason we need to replace the current superintendant. Recommend asking all school board candidates about retention of current management and this lawsuit is a great starting point for discussion. "

    offsoapstone wrote on Sep 25, 2009 7:14 PM:

    " I know when my brothers and sisters kids both boys and girls went to Palmer High they had fund raisers’ to buy equipment. They played football, basketball ,soccer, and track I never saw any discrimination against the girls teams. Maybe its time for the school district to stop all sports funding and let the players and thier familes come up with all the costs to run a team. These kids and their parents should be happy that they get to play. I also do not believe sport funding should be cut. "

WRITE A COMMENT

Use the form below to post a brief comment to this story, or respond to other readers. Please use the word count tool to assist you in keeping your remarks to 100 words or fewer.

Comments must be approved by an editor before appearing on the Web site. Editors review submitted comments periodically during the day for offensive or off-topic content before posting. Your thoughtful contribution to the online discussion is appreciated.

(optional)
Current Word Count:
   




Classifieds




Make Us Your Homepage