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Sat, Aug 30 2008 

Published July 05, 2008 11:29 pm -

Wagoner parents allege Title IX infractions


By D. E. Smoot
Phoenix Staff Writer

The disparity between boys and girls athletic programs at Wagoner Public Schools violates federal law and the equal protection clause of the U.S. Constitution, according to a federal lawsuit.

Those allegations are being leveled in a federal lawsuit filed by the parents of a Wagoner High School sophomore. The plaintiffs say their daughter and others like her have suffered harm as a result of the alleged disparities.

The lawsuit seeks a remedy under Title IX provisions of the Education Amendments of 1972, which prohibit gender discrimination or the denial of any benefit provided by an educational facility that receives federal funding of any kind.

The lawsuit — the 19th of its kind to be filed in Oklahoma — was filed by a University of Tulsa law professor and an associated Tennessee law firm on behalf of the Wagoner co-ed’s parents. The complaint accuses Wagoner School District, its administration and others of funding “athletics in a manner that discriminates against plaintiffs’ daughter and other female athletes.”

Karen Long, a Tulsa lawyer representing Wagoner Public Schools, said the last thing the district wants to do is discriminate against any of its students. District administrators, Long said, look forward to hearing more from the student and her parents with regard to the allegations.

“We have no reason to believe the district has failed to comply with the law of Title IX,” Long said. “Wagoner Public Schools does not desire to discriminate against any student, female or male.”

Included among the allegations set out in the complaint are claims that male athletes are provided superior equipment, uniforms and facilities. The federal claim also alleges a disparity in compensation for coaches depending upon the gender of the athletes being coached.

“While there are at least four coaches for baseball, there are only two coaches for softball,” the federal complaint alleges, noting a disparity in the coach-to-athlete ratio. “Wagoner Public Schools has allowed supplementation of football coaches’ salaries with money donated by the community, resulting in a disparity in the compensation for these coaches as compared with the coaches of the girls’ teams.”

Former Superintendent Janice Aldridge, who retired from the post effective Monday, also was named as a defendant in the lawsuit. Her successor, Sonny Bates, was unavailable for comment Wednesday.

Jerry and Rebecca Dale, who filed the lawsuit on behalf of their daughter — identified in the complaint as J.D. — are seeking a court order declaring the defendants have engaged in a “pattern and practice of discrimination against female students.” The Dales also seek an order requiring the district to develop and adopt a plan that guarantees equal treatment and benefits for all athletes regardless of gender.

Court records show Ray Yasser of Tulsa and Samuel Schiller of Cookeville, Tenn., have filed, argued and won or settled a number of Title IX lawsuits filed nationwide.

Long, who said she has defended most of the Title IX lawsuits filed in Oklahoma, said once these lawsuits are filed they generally are resolved through the cooperative efforts of all parties.

A scheduling conference previously set to take place July 18 was stricken from the docket Friday and will be rescheduled at a later date. The complaint requests an expedited hearing and ruling on the request for a permanent injunction.



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