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Keywords

plaintiffdefendantmotiondiscriminationcompliancemotion to dismiss
plaintiffdefendantmotiondiscriminationcompliancemotion to dismiss

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Brust v. Regents of University of Cal., Not Reported in F.Supp.2d, 2007 WL 4365521

Facts

Issue

Did the University of California, Davis, violate Title IX and other laws by providing unequal athletic opportunities to female students?

Did the University of California, Davis, violate Title IX and other laws by providing unequal athletic opportunities to female students?

Rule

Title IX prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance. The court applies a three-part compliance test to determine if equal athletic opportunities are provided, which includes assessing proportionality of participation opportunities relative to enrollment, history of program expansion, and effective accommodation of interests and abilities of both sexes.

Title IX prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance. The court applies a three-part compliance test to determine if equal athletic opportunities are provided, which includes assessing proportionality of participation opportunities relative to enrollment, history of program expansion, and effective accommodation of interests and abilities of both sexes.

Analysis

The court found that the plaintiffs sufficiently alleged facts indicating a violation of Title IX based on ineffective accommodation. The 6% disparity between female enrollment and female varsity athletic participation raised factual questions that could not be resolved at the motion to dismiss stage. The court emphasized that the plaintiffs' claims were plausible and warranted further examination.

The court found that the plaintiffs sufficiently alleged facts indicating a violation of Title IX based on ineffective accommodation. The 6% disparity between female enrollment and female varsity athletic participation raised factual questions that could not be resolved at the motion to dismiss stage. The court emphasized that the plaintiffs' claims were plausible and warranted further examination.

Conclusion

The court denied the defendants' motion to dismiss the Title IX claim based on ineffective accommodation, allowing the case to proceed.

The court denied the defendants' motion to dismiss the Title IX claim based on ineffective accommodation, allowing the case to proceed.

Who won?

The plaintiffs prevailed in part as the court denied the motion to dismiss their Title IX claim, allowing them to continue their pursuit of justice regarding gender discrimination in athletic opportunities at UCD. The court recognized the potential merit in their allegations and the need for further factual development.

The plaintiffs prevailed in part as the court denied the motion to dismiss their Title IX claim, allowing them to continue their pursuit of justice regarding gender discrimination in athletic opportunities at UCD. The court recognized the potential merit in their allegations and the need for further factual development.

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