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2020 Title IX Alert 1 (2020)

handle is hein.hackboth/ttlixa2020 and id is 1 raw text is: 















Hawaii District Court Rules High Schoo

Athletes' Title IX Clairns IVay Proceed

under 'Controlling Authority' Theory


By Doriyon Glass, of Jackson Lewis

    \i enying a high school athletic as-
    -w sociation's motion to dismiss a
complaint alleging violations of Title IX
of the Education Amendments of 1972,
a federal district court has held, the
Plaintiffs have provided sufficient factual
matter to plausibly allege that the [Oahu
Interscholastic Association] maybe subject
to the anti-discrimination provisions of
Title IX under a 'controlling authority'
theory.
   In A.B. v. Hawaii State Department
of Education, athletes on the female
high school water polo and swim team
filed a class action lawsuit against Oahu


Interscholastic Association (OIA) and
the Hawaii State Department of Educa-
tion (DOE) alleging violations of Title
IX. In their three-count complaint, the
plaintiffs claim the defendants violated
Title IX based on:
1.  their failure to take remedial actions
    to meet  the anti-discrimination
    provisions under Title IX, and their
    continued unequal treatment of fe-
    male athletes;
2.  their failure to provide female athletes
    with equivalent athletic participation
    opportunities; and
3.  the DOE's  retaliation against the
          See COURT  SAYS on


Former UCOiNiN Men's Basketball Coach Jir Calhoun Accuse

of   S3ex   Discrimination


By Ellen J. Staurowsky, Senior
Contributor & Professor Sport
Management,  Drexel University,
ejs95@drexeL edu

   n Jaclyn Piscitelli v. University of Saint
AtJoseph, a former female associate athletic
director alleges she was fired after speaking
up about the sexist behavior ofmale coaches
and the failures of school administrators to
address that behavior.

Background
In October of 2015, Jaclyn (Jackie) Pi-


scitelli received an opportunity to pursue
what she described as her dream job when
she was appointed as the associate athletic
director at the University of Saint Joseph
(USJ) (Newton, 2018; Piscitelli . Univer-
sity ofSaint Joseph, 2019; Staff, 2018). An
announcement of her appointment issued
by USJ's athletic department indicated she
was tasked with fulfilling responsibilities as
the senior woman administrator (SWA)
and compliance officer, as well as oversee-
ing USJ's recreation and intramural sports
programs. Prior to her appointment in the
athletic department, Piscitelli had served


USJ for more than fouryears as the assistant
registrar (Staff, 2015).
  At the time of Piscitelli's appointment
as associate athletic director, USJ was un-
dergoing significant institutional change.
With new president Dr. Rhona Free at the
helm, a university founded by the Sisters of
Mercy in 1932 and operated as a women's
college for 86 years made the strategic
decision to admit men into its 2018-2019
undergraduate class. The movewas designed
to address a downturn in enrollment and
stabilize the university's finances (Newton,
       See FOME UCONN Pages 10


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I                                  IX A

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