TLPJ Achieves Settlement in Sex Discrimination Lawsuit Against West Chester University for Violating Title IX

University Agrees to Reinstate Women’s Gymnastics Team Permanently

Attorneys Sharon McKee and Leslie Brueckner (center) with WCU women's gymnastics team members.

West Chester University (WCU) has agreed to settle a federal sex discrimination lawsuit filed by Trial Lawyers for Public Justice (TLPJ) and the Philadelphia law firm of Hangley Aronchick Segal & Pudlin charging that the state university’s decision to eliminate its women’s gymnastics team violated Title IX of the Education Amendments of 1972, the federal law that prohibits sex discrimination by all educational institutions receiving federal funds. On November 12, 2003, a federal court in Philadelphia granted a preliminary injunction ordering WCU to immediately reinstate its women’s gymnastics team. WCU did so, but appealed that ruling to the United States Court of Appeals for the Third Circuit. After intensive settlement discussions, however, WCU has agreed to a permanent injunction requiring it to keep the team, and has dropped its appeal.

"This is a thrilling victory for women’s rights," said lead counsel Sharon McKee of Hangley Aronchick Segal & Pudlin. "We are very pleased that WCU has agreed to drop its appeal and to give these dedicated and inspiring women athletes the support that they need and deserve."

The lawsuit, filed on September 4, 2003, sought reinstatement of WCU’s women’s gymnastics team. After hearing testimony on the plaintiffs’ motion for a preliminary injunction, the Honorable R. Barclay Surrick of the Eastern District of Pennsylvania held that WCU’s decision to cut the gymnastics team in response to a budget crunch violated Title IX’s three-part test for determining whether a university has provided "equal opportunities" for members of both sexes to participate in sports. The court ruled that WCU failed this test because (1) women students at WCU comprise almost 61 percent of the student body but are offered less than 45 percent of the intercollegiate athletic opportunities; (2) the school has not demonstrated a "history and continuing practice" of expanding its women’s sports program over time because it has not added a women’s team for over a decade and then, adding insult to injury, decided to cut an existing women’s team; and (3) the school cannot claim that it has fully satisfied all existing female interest in sports because it cut a viable women’s team that was ready, willing, and able to compete. In so ruling, Judge Surrick emphasized that WCU had intentionally violated Title IX when it decided to eliminate the women’s gymnastics team, and found that WCU had ignored the advice of its own internal gender equity committees, which had warned that the school’s treatment of its female athletes violated Title IX. He ordered WCU to reinstate the women’s gymnastics team immediately and to provide the team with full funding, coaching, facilities, and equipment. In the wake of that decision, the school reinstated the team in time for the 2004 competitive season.

In addition to agreeing to reinstate the team permanently, as part of the settlement, WCU has agreed to (1) provide at least one part-time head coach and one part-time assistant coach; (2) use its best efforts to maintain a team of at least 14 members; (3) raise the number of team members who may travel to compete in away meets; (4) permit the team to keep all the scholarship money raised by it or on its behalf (subject to applicable NCAA and WCU restrictions); and (5) send the gymnastics team and/or individual qualifying team members to one post-season national gymnastics competition every year. The settlement leaves WCU open to possible future lawsuits challenging the school’s treatment of women athletes, including the funding of coaching and recruitment and the number of athletic opportunities afforded to women.

"This extraordinarily favorable settlement reflects the strength of our claims against WCU," said co-counsel William T. Hangley of Hangley Aronchick Segal & Pudlin. "The school finally realized the error of its ways, and has given these wonderful athletes the opportunity to compete that they were promised. Our only regret it that it took a lawsuit to force WCU to comply with the law."

Despite a severely curtailed training season and the other problems these athletes had to overcome just to compete, the WCU women’s gymnastics team tied its record high score at two separate meets during the season. In addition, two exceptional athletes – WCU gymnasts Stephanie Herrmann and Ashley Gillman – qualified for the United States Association of Gymnasts (USAG) national competition, which took place in April. In the past two years, WCU had refused to send qualifying women to the national competition, citing the expense. This year, Herrmann and Gillman went, competed well, and received the USAG’s Mari-Rae Soper Award, given to the athlete who has unparalleled passion, dedication, and devotion to the sport of gymnastics.

"We are proud to represent the dedicated athletes on the WCU women’s gymnastics team," said TLPJ Staff Attorney Leslie A. Brueckner, co-counsel. "The settlement reached in this case will ensure that WCU gives these athletes the appreciation and opportunities that they deserve."

TLPJ has successfully sued several schools, including Brown University and two other Pennsylvania institutions – Indiana University of Pennsylvania and Temple University – for illegally discriminating against women in athletics. In addition to McKee, Hangley, and Brueckner, the plaintiffs’ legal team includes TLPJ’s Rebecca Epstein, Adele Kimmel, and Arthur Bryant. The complaint, the settlement agreement, and other key legal documents in the sex discrimination case, Barrett v. West Chester University, are posted on TLPJ’s web site, www.tlpj.org.