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2016 Title IX Dev. & Law 1 (2016)

handle is hein.hackboth/ttlixa2016 and id is 1 raw text is: Route To: / / TITLE IX DEVELOPM and the Former College Softball Coach Accused of Rape Cover Up in Violation of Title IX By Ellen J. Staurowsky, Ed.D., Pro- fessor, Sport Management, Drexel University n February of 2016, former Kent State University (KSU) softball player, Lauren Kesterson filed a civil rights action against the University and head coach, Karen Linder, for violations of Title IX of the Educa- tion Amendments Act of 1972, denial of equal protection as established under the Fourteenth Amendment, and intentional infliction of emotional distress under Ohio law. In Kesterson's complaint, Coach Linder is accused of engaging in a cover up of an alleged rape* and abusing her position as a coach in coercing Kesterson to remain silent. Facts As Represented in the Kesterson Complaint The timeline of the case begins in the fall of 2012, when Kesterson and her twin sister left their home in the state of Washington to play softball for well-known and highly successful KSU head coach, Karen Linder. Within four months, Kesterson alleges she was raped in her apartment by another first year athlete with whom she had developed a friendship, baseball player Tucker Linder, the coach's son. While the two had engaged in minor intimacies on a previous occasion, See FORMER COLLEGE on Page 5 Title IX and Religious Exemptions By Nikki Wilson Crary, of Jackson Lewis he interplay ofTitle IX, which prohibits discrimination on the basis of sex, and transgender rights has been an explosive subject over the last few months, even seemingly putting some State Legislatures at odds with the Federal Government. While public institutions receiving federal funds may be forced to provide equal access to transgender individuals, there remains one sector of education that may not be affected by the recent changes mandated by the U.S. Department of Education's Office for Civil Rights (OCR) - institutions that qualify for a religious exemption under Title IX. Since its inception, Title IX has allowed religious exemptions. Title IX does not apply to an educational institution that is controlled by a religious organization to the extent that the application ofTitle IX would be inconsistent with the tenets of the organi- zation. The test is admittedly not an onerous one. An educational institution that wishes to claim the religious exemption simply submits in writing to the Assistant Secretary a statement by the highest ranking official of the institution identifying the religious organization that controls the educational institution and specifying the provisions of Title IX or its regulations that conflict with the tenets of the religions organization. As of January 2016, a total of253 religious exemp- tions have been recognized and zero requests had been denied since the first exemption was recognized in 1976 (to Brigham Young University), with approximately 22 requests currently pending. At the inception of Title IX, educational institutions flocked to request religious exemptions, primarily for issues dealing with extra-marital sex, abortion, and unwed mothers. However, from approximately 1989 to 2013, requests for religions exemp- tions to Title IX remained largely dormant. Then, in 2013, the resolution agreement between Arcadia Unified School District and the Office of Civil Rights regarding transgender students gave transgender students the same rights and privileges as all other students. In addition, the OCR's April 2014 Dear Colleague letter expressly included gender identity withinTitle IX's sex See TITLE I on Page 2 Fall2016 . . . . . .....

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