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Judge: Girls' basketball games schedule not discriminatory

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A federal judge has ruled that 14 school corporations haven’t discriminated against girls’ basketball teams by scheduling more of their games on weeknights instead of weekends as compared to boys’ basketball games.

Amber Parker, the former girls’ basketball coach at Franklin County High School, filed the suit on behalf of her daughter, who played on the team, accusing the Indiana High School Athletic Association and 14 school districts in western and southwestern Indiana of discriminating against girls’ high school basketball programs. After Parker and her family moved out of state this year, Tammy Hurley and her daughter C.H., also a player, were added to the suit in July.

The plaintiffs claimed in Amber Parker, et al. v. Indiana High School Athletic Association, et al., No. 1:09-CV-885, that the IHSAA and the school districts violated Title IX and the 14th Amendment pursuant to 42 U.S.C. Section 1983 by scheduling the girls’ games on non-preferred dates and times, which are typically weeknights. The U.S. District Court in the Southern District of Indiana had previously dismissed the Title IX claim against the IHSAA, and granted the school districts' partial motion for summary judgment on the Section 1983 claims on Sept. 27, 2010. In an opinion released Wednesday, U.S. District Judge William Lawrence granted summary judgment in favor of the defendants on the remaining claims – the Title IX claim against the school districts and the Section 1983 claim against the IHSAA.

The plaintiffs asserted an equal treatment claim against the school districts based on the scheduling of boys’ and girls’ basketball games, but the 1979 Policy Interpretation of Title IX doesn’t require identical scheduling for boys’ and girls’ sports. Their scheduling doesn’t deprive the girls’ team of role models, inhibit their skills development, or prevent team building.

“In short, the disparity in treatment in this case simply does not rise to the level seen in either Communities for Equity [v. Michigan High School Athletic Ass’n, 178 F.Supp 2d. 805 (W.D. Mich. 2001),] or McCormick [v. Sch. Dist. of Mamaroneck, 370 F.3d 275, 288 (2d Cir. 2004)]. The School Defendants’ treatment of the Plaintiffs does not result in a disparity that is so substantial that it denies the Plaintiffs equality of athletic opportunity,” wrote the judge.

Judge Lawrence noted the novel theory the plaintiffs used to try to hold the IHSAA liable for its “deliberate indifference to gender-based discrimination” even though the IHSAA isn’t responsible for the schedules. The plaintiffs argued the IHSAA turned a blind eye to the discriminatory scheduling, and by not mandating gender equality, the organization facilitated the gender-based discrimination.

“The problem with the Plaintiffs’ argument is that despite their rhetoric, they have not cited a single federal case that supports using a deliberate indifference theory to hold the IHSAA liable in this situation,” he wrote. “Just because the Plaintiffs have allegedly suffered an injury does not mean that they can hold the IHSAA liable.”

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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