Lawsuit cries foul on school district

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

PALMER — Two Colony High School softball players are suing the school district claiming unequal treatment under the federal guidelines for sport programs.

The suit, filed Thursday in federal court in Anchorage on behalf of two girls who are named only by initials, says that the softball program is not provided with the same quality or number of facilities as the baseball program, which violates what’s referred to as Title IX, which mandates boys’ and girls’ sports receive equal treatment.

“It’s not a novel proposition that we would treat our daughters with the same consideration as our sons,” said Samuel Schiller, the lawyer representing the plaintiffs.

Frontiersman file photo A member of the Colony High School varsity softball team competes at the Bumpus Ball Fields softball complex during a recent season. A pair of Colony High School softball players have brought suit against the Mat-Su School District alleging discrimination in the areas of the district’s funding of athletics; provision of equipment and supplies; and provision of facilities for both practice and competition.

Schiller runs a law practice in Tennessee that specializes in Title IX suits. He said he’s litigated Title IX cases from coast to coast. He said he wanted to make clear, though, that the suit is not about money and doesn’t ask for any cash award, only attorneys’ fees.

“The parents in this suit are not asking for any money, and in fact they do not want in any way to harm  a boys’ sport,” he said.

The suit claims the softball team is forced to raise money to pay for equipment and supplies, and that baseball teams get better practice fields and competition fields than the girls. Softball, the suit points out, has to use Bumpus Fields, but can’t because there’s alcohol served there. Baseball, by contrast, is played on Hermon Brothers Field.

Lebron McPhail, director of education at the district to whom the activities directors report, was on vacation Monday and unavailable for comment. The district’s Title IX expert, Matthew Teaford, would not comment about the suit.

“I did see a copy of the complaint but I didn’t have a chance to review it, and even then I probably couldn’t comment about what I felt were or were not the merits of it,” he said.

District Spokeswoman Catherine Esary, asked about the suit, consulted with Superintendent George Troxel.

“It has been the school district’s policy that we do not comment on pending litigation,” she said.

Myrl Thompson, a member of the school board and head coach of the Wasilla High School baseball program, said the suit doesn’t really hold water, especially given what’s transpired over the last year. He said the baseball programs have been working hard to help softball programs and that the board took softball into account when considering whether to fund baseball.

“We’ve actually more than leveled the playing field. There’s going to actually be more softball fields than baseball fields,” he said.

This year, he said, is the first year that baseball coaches will receive a stipend, but along with that funding the school board chose to fund stipends for softball.

He said the district also funded $15,000 per school for transportation costs, which the softball and baseball teams are supposed to split. Another $10,000 or so from the board’s reserve account was coupled with a $7,000 private donation to upgrade fields for both baseball and softball.

And the school board did it all, he said, in a very tough year when funding was tight. The lawsuit, he said, shocked him. Thompson said he’d discussed Title IX with administrators and that it wasn’t deemed to be a problem.

“It would be a Title IX problem if there were a bunch of girls who wanted to go out for softball and then couldn’t play,” he said.

But schools with enough girls field softball teams. And girls can go out for baseball if they want to. The fledgling baseball program at Houston High School, for example, fields a couple of girls, he said.

Schiller, asked if the plaintiffs would be satisfied if the two sports were treated equally said that would be an oversimplification, but that given the facts in this case, he thinks they probably would.

“It’s about fundamental fairness,” he said.

But Thompson said he can’t really see where the inequity is and hopes the suit can be resolved.

“I would like to see the baseball and softball communities on the same page,” he said.

Contact Andrew Wellner at andrew.wellner@frontiersman.com  or 352-2270.

Editor's note: See related story at www.frontiersman.com/sports

Comments

14 comment(s)

    soccer dude wrote on Oct 2, 2009 5:37 AM:

    " The lawsuit is meaningless! How many kids play extracurricular softball? And how many play soccer? How many play football or basketball? If your not up on your numbers let me clue you in: more kids of all ages and both genders play soccer. It's time for the school district to get out of the football and basketball bidness and more into the teaching business. Or fund all sports equally. "

    softball coach wrote on Sep 30, 2009 4:10 PM:

    " Okay, there are many issues here and people keep adding their onion causing more issues. Who is this Thompson person? Last I remember my sons Wasilla coach was…….humm, we had too many to count, issue #50. Thank you M Thompson for advocating on bringing the ball clubs to full sport status, its been a long time coming. As a parent, coach and active member of the community, our first sport in our family have been softball and baseball. As a club or full sport status, they pretty much are the same. "

    interested person wrote on Sep 30, 2009 3:25 PM:

    " Bumpus Fields serves alcohol which means it is not usable for high school events. Do the boys have to raise monies for baseball? This is the same fight that has been fought for 30 years. And it makes me angry that females are still having to fight this issue. "

    No money wrote on Sep 30, 2009 3:25 PM:

    " Is the lawyer working for free? I hear they really like to do that. And why aren't the plaintiffs being named? If you're going to put something out there, shouldn't you at least say who you are? This thing seems like a joke. Tar and feather that Tenn. schyster and be done with this nonsense. The people filing suit should be very ashamed of themselves. My advice to them: drop this thing while you've still got a chance to get out with some dignity. "

    Wake up wrote on Sep 30, 2009 11:12 AM:

    " Wasilla and Colony's softball fields are both currently under renovation, these decisions were made last June. This lawsuit is a slap in the face of those trying to help softball. "

    Done already wrote on Sep 30, 2009 8:32 AM:

    " I went to the feild last night behind CMS, all new dirt is in place, it was just dumped becasue none of it was there on Monday. Looks like the law suit is over. "

    whatsportdoesnt wrote on Sep 30, 2009 7:01 AM:

    " '...the softball team is forced to raise money to pay for equipment and supplies' - show me a sports team that doesn't have to raise money for their respective sport. Seems like the complaints are very resolvable...why drag the school district through yet another lawsuit. "

    serioulsy what a joke wrote on Sep 29, 2009 6:11 PM:

    " many college softball teams play on slow pitch fields with temp fences. This is more then a normal thing all over the country at all levels of softball. I know this because I am a current college player and we practce and play at a complex much like bumpus. I played softball at colony during high school and was very involved. This law suit is in the complete wrong direction. There is not a problem between baseball vs softball. If there was something worth fighting for is making softball AND baseball school sponsored sports. "

    Ambulance chaser wrote on Sep 29, 2009 12:45 PM:

    " Nice job. Bringing lawsuits 60 times a year. Nice little niche Mr Schiller has carved out for himself. "

    softballguy wrote on Sep 29, 2009 12:23 PM:

    " I believe that the shearrod fields are still available in Palmer and since PHS doesn't have a softball team I would assume that at least 1 of those fields would be available. "

    formerly involved wrote on Sep 29, 2009 11:55 AM:

    " The funding has been minimal, also known as $0. The baseball programs joined in the spring of 1996 with the understanding that they would not receive any money from the district. For awhile, there was trans provided. Any perks provided were from the booster clubs. I don't know about the field issue at Colony, but at palmer, there was shared gym time. "

    to conflict wrote on Sep 29, 2009 11:22 AM:

    " myrl thompson coaches for free. he is not taking a stipend. why don't you get off your butt and volunteer or at least get your facts before you speak. "

    What a joke wrote on Sep 29, 2009 8:34 AM:

    " Where were the special lawyers when Flag Football was voted down? "

    conflict wrote on Sep 29, 2009 8:24 AM:

    " nice that for the first time they could get a stipend for coaches. myrl thompson is on the school board and they decide to pay stipends to coaches for the first time ever, oh and by the way he is a coach at wasilla so he gets the stipend.? is it just me or what? How long has he been a coach at Wasilla High? since his term on the school board? "

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