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Last issue tossed in UCD gender suit
Last Updated 6:06 am PDT Friday, April 25, 2008
Story appeared in METRO section, Page B2
SACRAMENTO – A federal judge has thrown out the last remaining issue in an 8-year-old legal battle over equal rights for female athletes at the University of California, Davis.
The dispute was triggered when the university ordered women removed from its intercollegiate wrestling program. Complaints were filed with the U.S. Department of Education's Office for Civil Rights.
After that agency investigated, UC Davis agreed to let women try out for the wrestling team. Two did, but neither made the team.
In 2003, four women wrestlers sued the university and several top officials under Title IX of the U.S. Code, which prohibits sex discrimination in education programs, including athletics.
The case has been pared down until the only issue left was a claim that athletics across the board at UC Davis do not "effectively accommodate the interests and abilities of members of both sexes."
In a 22-page order issued Wednesday, U.S. District Judge Frank C. Damrell Jr. found the university did not have sufficient notice the plaintiffs were pursuing such a broad claim, and he granted summary judgment in the school's favor.
Given Title IX's enforcement scheme, the U.S. Supreme Court's analysis in a 1998 decision, and an opinion from the 8th U.S. Circuit Court of Appeals in 2001, Damrell ruled the women's suit "cannot be sustained until notice and opportunity to cure are given" to the university. That never happened, the judge declared.
– Denny Walsh
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