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ABA Online Conversations: Title IX: Additional Questions for Legal Experts




 
Online Conversation: Title IX

Legal Experts
Additional Questions

Some of the other interesting and thought-provoking questions that you asked our legal experts are answered here. Be sure to check out their other answers for the scenario-based conversations, too.


Catherine M. (Fairfax, VA): A group of 11th grade girls are trying out (for the third season) for a position on either the Varsity or Junior Varsity soccer team. At the end of tryouts, all the girls are told that they did not make the Varsity team. They then inquired as to their possible inclusion on the Jr. Varsity team, of which they have been members for the past two seasons. The coach informed them that he will not have 11th grade girls on the team because he is developing the team and wants younger players to participate on Jr. Varsity.

Since the girls did not qualify for Varsity, they are no longer in the soccer program. The coach indicated that for next year, he will only put senior (12th grade) girls on the Varsity team, and only if they have played on the team in prior years.

Last year and the year before, the Jr. Varsity team had 11th grade student athletes but the coach made a new policy this year.

On other Jr. Varsity teams, there are 11th grade student athletes. Is this legal?

Neena Chaudhry & Marcia Greenberger:  Title IX makes it illegal for a school to treat its female athletes less well than its male athletes. Unless there is some unfairness on that basis, Title IX would not make the coach's decision to eliminate 11th grade students from the junior varsity soccer team illegal.


The purpose of this column is to identify issues. It does not purport to be exhaustive or to render legal advice. You should consult with qualified counsel or other professionals in developing responses to specific situations.


>>Legal experts scenario 1 conversation
>>Legal experts scenario 2 conversation
>>Legal experts scenario 3 conversation
>>Legal experts additional questions


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