For Immediate Release: June 1, 1998
For More Information Contact: TLPJ, 202-797-8600
Howard Schaffer, 518-458-1600
TLPJ
Letter
Trial Lawyers for Public Justice (TLPJ) announced today that the United States Military Academy at West Point (West Point) has agreed to admit a qualified female into its summer wrestling camp to avert a threatened sex discrimination lawsuit. Jennifer Radzik, a 14-year old wrestler from Cornwall-on-Hudson, New York, officially enrolled today for the previously all-boys camp.
"We are delighted that West Point has reversed its position and opened its summer wrestling camp to all qualified athletes, without regard to their gender," said TLPJ Executive Director Arthur H. Bryant. "The school did not want to go to the mat to defend sex discrimination against qualified females."
Jennifer Radzik is a 14-year-old wrestler who has successfully competed on the Cornwall Central School District's otherwise all-male wrestling team for the past two years. In order to compete with males, Ms. Radzik demonstrated that she was qualified under the guidelines for mixed competition promulgated by the New York State Department of Education. She finished this past season with a 6-6 record competing exclusively against boys her own age, and next year will be a member of her school's junior varsity team.
On April 28, 1998, Ms. Radzik's father, Ted Radzik, saw a flyer advertising the summer wrestling camp at West Point. He called the telephone number listed, learned that spaces were available, and said that he wanted to enroll his daughter. Mr. Radzik was then told that the camp was only open to boys.
"The more I learned about this discriminatory policy,
I knew it could not be justified," said Mr. Radzik. "First,
they told me that Jennifer couldn't attend because they'd need
a separate dorm room and a female coach for her. I said that I'd
drive her to camp if they didn't have an extra room and that a
female coach wasn't needed, since Jennifer had only had male wrestling
coaches
up until now. Then, they said that boys' egos would be crushed
if they lost to a girl and, finally, they said that wrestling
simply wasn't an appropriate sport for girls."
After appealing the decision internally with no success, Mr. Radzik contacted TLPJ because of its past successes in Title IX lawsuits on behalf of female athletes against Brown University and other schools. On May 21, TLPJ's Bryant sent a letter to West Point, notifying school officials that a sex discrimination suit would be filed unless they agreed to meet with him and TLPJ co-counsel Frank Navarra of Finkelstein, Levine, Gittelsohn & Partners in Newburgh, New York, by May 28. Late on May 28, West Point called Navarra and said that Jennifer would be admitted to the summer wrestling camp.
"West Point's exclusionary policy was legally indefensible,"
said Navarra. "This is a victory both for Jennifer Radzik
and for all other females who should be eligible to participate
in athletic programs deemed ‘boys only.'"
Under U.S. Supreme Court precedent, including the 1996 decision
invalidating Virginia Military Institute's males-only admissions
policy, public educational institutions can only exclude females
from programs if they have an "exceedingly persuasive justification"
for doing so and the exclusion is "substantially related"
to the achievement of an "important governmental objective."
Since Ms. Radzik had already proven her ability to wrestle against
males of her age and size, West Point could not have met that
test here. Coaches at Ms. Radzik's school and counselors at wrestling
camps she attended recognized and lauded her skill, excellence,
and dedication to the sport. One counselor, now the Head Assistant
Wrestling Coach at Binghamton University, and a former coach at
the West Point camp, wrote a general letter of recommendation
stating that "Jennifer would be a tremendous asset to your
camp" and "I would be honored to have her as a part
of my team."
"I'm glad West Point has changed its position and am excited about attending the camp. I've been wrestling against boys for two years and want to improve my skills," said Ms. Radzik. "I should not be denied that opportunity because I'm a girl."
In addition to Bryant and Navarra, TLPJ's legal team included TLPJ Staff Attorney Sarah Posner.