Case: Biediger v. Quinnipiac University

3:09-cv-00621 | U.S. District Court for the District of Connecticut

Filed Date: April 16, 2009

Closed Date: Oct. 11, 2016

Clearinghouse coding complete

Case Summary

In March 2009, Quinnipiac University announced plans to cut its women's volleyball team, men's golf team, and men's outdoor track team. At the same time, the University pledged to create a new varsity sport, competitive cheerleading, for the 2009-10 season. Plaintiffs, who were five current Quinnipiac women's varsity volleyball players and their coach, filed this lawsuit against Quinnipiac in response, in the U.S. District Court for the District of Connecticut, on April 16, 2009. They were r…

In March 2009, Quinnipiac University announced plans to cut its women's volleyball team, men's golf team, and men's outdoor track team. At the same time, the University pledged to create a new varsity sport, competitive cheerleading, for the 2009-10 season. Plaintiffs, who were five current Quinnipiac women's varsity volleyball players and their coach, filed this lawsuit against Quinnipiac in response, in the U.S. District Court for the District of Connecticut, on April 16, 2009. They were represented by the ACLU, and their complaint alleged that Quinnipiac's decision to eliminate its volleyball team violated Title IX of the Education Amendments of 1972 (20 U.S.C. § 162, et seq.) and its regulations (34 C.F.R. Part 106).

On May 22, 2009, the District Court (Judge Stefan Underhill) granted a preliminary injunction, preventing Quinnipiac from eliminating women's volleyball as a varsity sport. The court held that Quinnipiac's "roster management" deprived women students of equal participation opportunities in varsity sports. This worked as follows, Judge Underhill explained: Quinnipiac insisted that various women's sports have a "roster floor" -- a team count padded by athletes not actually needed for the team. The result was that a number of purported players actually had as their "principal role" "to provide a gender statistic rather than a meaningful contribution to the team." Conversely, as is common in competitive sports, male teams had a roster cap, so that some men interested and able to play were not afforded the chance. Accordingly, even though the gender split among varsity student athletes at Quinnipiac seemed to track the student gender demographics more generally, the Court held that this proportionality was actually illusory. Biediger v. Quinnipiac Univ., 616 F. Supp. 2d 277 (D. Conn. 2009)

About a year later, on May 20, 2010, the district court certified the class of: "All present, prospective, and future female students at Quinnipiac University who are harmed by and want to end Quinnipiac University's sex discrimination in: (1) the allocation of athletic participation opportunities; (2) the allocation of athletic financial assistance; and (3) the allocation of benefits provided to varsity athletes." 2010 WL 2017773. A bench trial was then held from June 21 to June 25, 2010, on the Title IX theory that Quinnipiac discriminated in 2009 and 2010 on the basis of sex in its allocation of athletic participation opportunities.

Judge Underhill found for the plaintiffs in a decision published July 21, 2010. Biediger v. Quinnipiac University, 728 F.Supp.2d 62 (2010). He held that the University's competitive cheerleading team did not qualify as a varsity sport for the purposes of Title IX and, therefore, its members could not be counted as athletic participants under the statute: "Competitive cheer may, some time in the future, qualify as a sport under Title IX; today, however, the activity is still too underdeveloped and disorganized to be treated as offering genuine varsity athletic participation opportunities for students." In addition, the Court held, Quinnipiac was impermissibly triple counting women cross-country runners, tallying them, as well, as participants in indoor and outdoor track, even when they did not in fact so participate. Finally, some of the problematic roster management continued. Cutting volleyball, the Court concluded, would only exacerbate the ongoing violation of Title IX. Accordingly, the Court prohibited the immediate elimination of women's volleyball, in 2010-2011, although it made clear that Quinnipiac could subsequently cancel that team, "so long as any decision to eliminate women's volleyball is accompanied by other changes that will bring the University into compliance with Title IX."

The Court required Quinnipiac to submit a compliance plan within 60 days, which Quinnipiac did; plaintiffs opposed that plan as inadequate. Quinnipiac appealed the underlying finding of the district court while it continued to litigate about compliance. (The court stated its view that the compliance plan was likely adequate, and set the issue of Title IX compliance for a future hearing.

On appeal, in an opinion dated August 7, 2012, by Judge Reena Raggi, the Second Circuit Court of Appeals affirmed the district court's findings and injunction in their entirety. A number of organizations joined the litigation as amici curiae -- the Department of Justice Civil Rights Division and the National Women's Law Center (joined on the brief by dozens of other women's organizations) supported the plaintiffs; the Eagle Forum Education and Legal Defense Fund supported Quinnipiac.

Meanwhile, while the appeal was pending, in December 2011, Quinnipiac filed a motion to lift the injunction and terminate the Court's supervision; a hearing was held in June 2012. On March 4, 2013, the District Court denied the motion in a lengthy opinion including findings of fact and conclusions of law. Analyzing the men's and women's sports in question, Judge Underhill concluded that the university had "failed to demonstrate a significant change in the quantity and/or quality of athletic participation opportunities provided to its female students." 928 F.Supp.2d 414, 473 (D. Conn. 2013).

The parties agreed to settle the case on April 26, 2013. The terms of the settlement required the University to develop a Title IX nondiscrimination policy and grievance procedure; to place restrictions on when and why the university could eliminate a women's varsity team and on creating new men's varsity teams without adding women's varsity teams; to upgrade facilities for women's athletics; to increase funding for coaches' salaries for women's athletics; to increase funding for scholarships for women's athletics; and to allow women's teams to participate in more tournaments and competitions. Additionally, the University agreed to pay $15,000 to each named plaintiff, $1.9 million in attorney's fees, and $50,000 to a scholarship fund. Finally, the settlement agreement will be monitored with yearly reports until June 30, 2016. The Court approved of the settlement on June 20, 2013.

On October 2, 2013, the parties stipulated to the dismissal of the plaintiffs' Title IX retaliation Claim.

The Referee was to monitor the University's progress release yearly reports each July through 2016. As of October 2016, there is no further docket activity.

The case is now closed.

Summary Authors

Joshua Arocho (11/24/2014)

Virginia Weeks (11/23/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4201339/parties/biediger-v-quinnipiac-univ/


Judge(s)

Garfinkel, William I. (Connecticut)

Raggi, Reena (New York)

Underhill, Stefan R. (Connecticut)

Attorneys(s) for Plaintiff

Galles, Kristen Marie (Virginia)

Hernandez, Alex V. (Connecticut)

McGuire, David J. (Connecticut)

Orleans, Jonathan B. (Connecticut)

Staub, Sandra J. (Connecticut)

Attorneys(s) for Defendant

Bardavid, Jonathan (New York)

Berkebile, Rebecca L (New York)

Judge(s)

Garfinkel, William I. (Connecticut)

Raggi, Reena (New York)

Underhill, Stefan R. (Connecticut)

Attorneys(s) for Plaintiff

Galles, Kristen Marie (Virginia)

Hernandez, Alex V. (Connecticut)

McGuire, David J. (Connecticut)

Orleans, Jonathan B. (Connecticut)

Staub, Sandra J. (Connecticut)

Attorneys(s) for Defendant

Bardavid, Jonathan (New York)

Berkebile, Rebecca L (New York)

Brill, Edward A. (New York)

Diaz-Vazquez, Erick Ignacio (Connecticut)

Friedfel, Susan D (New York)

Gambardella, Mary A (Connecticut)

Rice, Andrew E. (New York)

Other Attorney(s)

Hughes, John B. (Connecticut)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 11, 2016 Docket
1

Verified Class Action Complaint

April 16, 2009 Complaint
14

Affidavit of John McDonald

April 16, 2009 Declaration/Affidavit
41-2

Deposition of John (Jack) McDonald

May 1, 2009 Transcript
51

Ruling and Order Granting Preliminary Injunction

616 F.Supp.2d 277

May 22, 2009 Order/Opinion
101

First Amended Class Action Complaint

Dec. 9, 2009 Complaint
104

Defendant's Answer to the First Amended Class Action Complaint

Jan. 13, 2010 Pleading / Motion / Brief
116

Declaration of Kayla Lawler in Support of Motion for Class Certification

Feb. 20, 2010 Declaration/Affidavit
117

Declaration of Stephanie Biediger in Support of Motion for Class Certification

Feb. 20, 2010 Declaration/Affidavit
118

Declaration of Kristen Corinaldesi in Support of Motion for Class Certification

Feb. 25, 2010 Declaration/Affidavit

Resources

Title Description External URL

Dear Colleague Letter: Athletic Activities Counted for Title IX Compliance

United States Department of Education—Office of Civil Rights

The United States Department of Education's Office for Civil Rights issues guidelines "to help institutions determine which intercollegiate or interscholastic athletic activities can be counted for t… Sept. 17, 2008 http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20080917.html

2009-10 NCAA Division I Manual

National Collegiate Athletic Association

Manual of the NCAA Aug. 1, 2009 http://www.ncaapublications.com/productdownloads/D110.pdf

Defining “Sport” Under Title IX: Cheerleading, Biediger v. Quinnipiac University, and the Proper Scope of Agency Deference

Ephraim Glatt

April 1, 2012

Quinnipiac settlement sheds light on Title IX compliance

Abigail Perkiss

Blogger analyzes the Biediger v. Quinnipiac University litigation, including its holding that competitive cheerleading at Quinnipiac University did not count as a sport, and discusses Title IX stand… May 3, 2013 http://blog.constitutioncenter.org/2013/05/quinnipiac-settlement-sheds-light-on-title-ix-compliance/

Biediger, et al. v. Quinnipiac University

ACLU

FacebookTwitterRedditEmailPrint <br />In 2010, Quinnipiac University sought to replace its women's volleyball program with "competitive cheer." Cheerleading was not recognized as a sport by the NCAA … June 15, 2020 https://www.acluct.org/en/cases/biediger-v-quinnipiac-university

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4201339/biediger-v-quinnipiac-univ/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

VERIFIED COMPLAINT against Quinnipiac Univ ( Filing fee $ 350 receipt number B017758), filed by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker.(Torres, K.) (Entered: 04/20/2009)

April 16, 2009 RECAP
2

MOTION for Temporary Restraining Order & Preliminary Injunction (Responses due by 5/7/2009, ) by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order -Temporary Restraining Order, # 3 Text of Proposed Order - Preliminary Injuction)(Torres, K.) (Entered: 04/20/2009)

2 Memorandum in Support

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3 Text of Proposed Order -Temporary Restraining Order

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4 Text of Proposed Order - Preliminary Injuction

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April 16, 2009 PACER
3

MOTION for Order to Show Cause by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Attachments: # 1 Text of Proposed Order to Appear and Show Cause)(Torres, K.) (Entered: 04/20/2009)

2 Text of Proposed Order to Appear and Show Cause

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April 16, 2009 PACER
4

MOTION for Waiver of Security by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker.Responses due by 5/7/2009 (Torres, K.) (Entered: 04/20/2009)

April 16, 2009 PACER
5

ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Stefan R. Underhill on 4/16/2009. (Torres, K.) (Entered: 04/20/2009)

April 16, 2009 PACER
6

Order on Pretrial Deadlines: Motions to Dismiss due on 7/16/2009. Amended Pleadings due by 6/15/2009 Discovery due by 10/16/2009 Dispositive Motions due by 11/15/2009. Signed by Clerk on 4/16/2009. (Torres, K.) (Entered: 04/20/2009)

April 16, 2009 PACER
7

Sealed Document: Unredacted Complaint by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Torres, K.) (Entered: 04/20/2009)

April 16, 2009 PACER
8

Sealed Document: Unredacted MOTION for Temporary Restraining Order & Preliminary Injunction by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Attachments: # 1 Memorandum in Support)(Torres, K.) (Entered: 04/20/2009)

April 16, 2009 PACER
9

Sealed Document: Unredacted MOTION for Order to Show Cause by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Torres, K.) (Entered: 04/20/2009)

April 16, 2009 PACER
10

Sealed Document: Unredacted MOTION for Waiver of Security by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Torres, K.) (Entered: 04/20/2009)

April 16, 2009 PACER
16

Minute Entry. Proceedings held before Judge Stefan R. Underhill: Motion Hearing held on 4/17/2009 re 3 MOTION for Order to Show Cause, 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Oral ruling issued finding as moot (withdrawn) 2 Motion for TRO; granting 3 Motion for Order to Show Cause. A hearing re MOTION for Preliminary Injunction shall be held on May 11, 2009 at 9:30 a.m. Pretrial Memorandum shall be due 5/6/09 and a Pretrial Conference shall be held on 5/7/09 at 3:30 p.m., Room 411, 915 Lafayette Blvd, Bridgeport, CT. 30 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.) (Entered: 04/21/2009)

April 17, 2009 PACER

Summons Issued as to Quinnipiac Univ. (Torres, K.) Modified on 4/22/2009 to edit file date(Torres, K.).

April 20, 2009 PACER
11

NOTICE of Appearance by Mary A. Gambardella on behalf of Quinnipiac Univ (Gambardella, Mary) (Entered: 04/20/2009)

April 20, 2009 PACER
12

NOTICE of Appearance by Jonathan Bardavid on behalf of Quinnipiac Univ (Bardavid, Jonathan) (Entered: 04/20/2009)

April 20, 2009 PACER
13

Memorandum in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Quinnipiac Univ. (Bardavid, Jonathan) (Entered: 04/21/2009)

April 21, 2009 PACER
14

AFFIDAVIT re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Signed By John McDonald filed by Quinnipiac Univ. (Bardavid, Jonathan) (Entered: 04/21/2009)

April 21, 2009 PACER
15

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephone Conference set for 4/23/2009 at 3:00 PM before Judge Stefan R. Underhill. Counsel for plaintiff shall initiate phone call to chambers (203) 579-5714. (Sbalbi, B.) (Entered: 04/21/2009)

April 21, 2009 PACER
17

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Trial Brief due by 5/6/2009. Preliminary Injunction Hearing set for 5/11/2009 at 9:30 AM in Courtroom One, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill. Pretrial Conference set for 5/7/2009 at 3:30 PM in Chambers Room 411, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill. (Sbalbi, B.) (Entered: 04/21/2009)

April 21, 2009 PACER
18

CERTIFICATE OF SERVICE by Quinnipiac Univ re 14 Affidavit (Bardavid, Jonathan) (Entered: 04/22/2009)

April 22, 2009 PACER
19

NOTICE of Appearance by Erick Ignacio Diaz Vazquez on behalf of Quinnipiac Univ (Vazquez, Erick) (Entered: 04/23/2009)

April 23, 2009 PACER
33

Minute Entry for proceedings held before Judge Stefan R. Underhill: Telephone Status Conference held on 4/23/2009. Total Time: 1 hour(Court Reporter Susan Catucci.) (Sbalbi, B.) (Entered: 05/13/2009)

April 23, 2009 PACER
20

MOTION for Leave to Appear Pro Hac Vice Attorney Kristen Galles. Filing Fee $25.00. Receipt Number B017790. by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Simpson, T.) (Entered: 04/28/2009)

April 27, 2009 PACER
21

ORDER granting 20 Motion to Appear Pro Hac Vice Attorney Kristen Galles for L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi and Lesley Riker added. Signed by Clerk on 4/28/09. (Simpson, T.) (Entered: 04/28/2009)

April 28, 2009 PACER

Minute Entry for proceedings held before Judge Stefan R. Underhill: Telephone Scheduling Conference held on 5/1/2009. 30 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.)

May 1, 2009 PACER
22

MEMORANDUM of telephone conference re timeliness of plaintiffs' expert disclosure, as required under Rule 26 of the Federal Rules of Civil Procedure. Signed by Judge Stefan R. Underhill on 5/4/09. (Candee, D.) (Entered: 05/05/2009)

May 4, 2009 PACER
23

MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks by Quinnipiac Univ.Responses due by 5/26/2009 (Bardavid, Jonathan) (Entered: 05/05/2009)

May 5, 2009 PACER
24

Memorandum in Support re 23 MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks filed by Quinnipiac Univ. (Bardavid, Jonathan) (Entered: 05/05/2009)

May 5, 2009 PACER
25

MOTION for Hearing re 23 MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks by Quinnipiac Univ. (Attachments: # 1 Memorandum in Support)(S-Candee, D.) (Entered: 05/06/2009)

2 Memorandum in Support

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May 5, 2009 PACER
26

MOTION to Preclude Testimony of Dr. Lopiano by Quinnipiac Univ.Responses due by 5/28/2009 (Bardavid, Jonathan) (Entered: 05/07/2009)

May 7, 2009 PACER
27

Memorandum in Support re 26 MOTION to Preclude Testimony of Dr. Lopiano filed by Quinnipiac Univ. (Bardavid, Jonathan) (Entered: 05/07/2009)

May 7, 2009 PACER
28

TRIAL MEMO Joint by Quinnipiac Univ, Stephanie Biediger, Kristen Corinaldesi, Kayla Lawler, Erin Overdevest, Lesley Riker, Robin Lamott Sparks. (Bardavid, Jonathan) Modified on 5/19/2009 to add filers. (Candee, D.). (Entered: 05/07/2009)

May 7, 2009 PACER

Minute Entry for proceedings held before Judge Stefan R. Underhill: Pretrial Conference held on 5/7/2009. Total Time: 1 hour and 30 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.)

May 7, 2009 PACER
29

Supplemental MOTION for Disclosure of Potential Witness by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Hernandez, Alex) (Entered: 05/08/2009)

May 8, 2009 PACER
30

MOTION to Compel (Letter Re: Work Product Issue Discussed at Pretrial Conference) by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker.Responses due by 5/29/2009 (Orleans, Jonathan) (Entered: 05/08/2009)

May 8, 2009 PACER
31

Memorandum in Opposition re 4 MOTION for Waiver of Security filed by Quinnipiac Univ. (Gambardella, Mary) (Entered: 05/08/2009)

May 8, 2009 PACER
32

Minute Entry for proceedings held before Judge Stefan R. Underhill: Motion Hearing held on 5/11/2009 re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kristen Corinaldesi, Erin Overdevest, Kayla Lawler, Stephanie Biediger, L. R., Robin Lamott Sparks, Lesley Riker. Total Time: 6 hours and 25 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.) (Entered: 05/12/2009)

May 11, 2009 PACER
34

Minute Entry. Proceedings held before Judge Stefan R. Underhill: Motion Hearing held on 5/12/2009 re 29 Supplemental MOTION for Disclosure, 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 30 MOTION to Compel. Oral ruling issued by Judge Underhill granting 29 Motion for Disclosure; denying as moot 30 Motion to Compel; taking under advisement 2 Motion for Preliminary Injunction. Total Time: 4 hours and 40 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.) (Entered: 05/13/2009)

May 12, 2009 PACER
35

ORAL MOTION for Judgment as a Matter of Law by Quinnipiac Univ.Responses due by 6/3/2009 (Sbalbi, B.) (Entered: 05/13/2009)

May 13, 2009 PACER
36

Minute Entry. Proceedings held before Judge Stefan R. Underhill: Motion Hearing held on 5/13/2009 re 35 MOTION for Judgment as a Matter of Law, 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Oral ruling issued by Judge Underhill denying 35 Motion for Judgment as a Matter of Law; taking under advisement 2 Motion for Preliminary Injunction. Total Time: 4 hours and 05 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.) (Entered: 05/13/2009)

May 13, 2009 PACER
37

MOTION to Strike Testimony of Germaine Fairchild by Quinnipiac Univ.Responses due by 6/4/2009 (Bardavid, Jonathan) (Entered: 05/14/2009)

May 14, 2009 PACER
38

TRANSCRIPT of Proceedings held on 4/17/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Pretrial Conference. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 6/4/2009. Redacted Transcript Deadline set for 6/14/2009. Release of Transcript Restriction set for 8/12/2009. (Catucci, S.) (Entered: 05/14/2009)

May 14, 2009 PACER
39

NOTICE by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker (Orleans, Jonathan) Modified on 5/15/2009 (Simpson, T.). Modified on 5/15/2009 (Simpson, T.). (Entered: 05/14/2009)

May 14, 2009 PACER
40

NOTICE by Quinnipiac Univ re 39 Notice (Other) Cross-Designation (Bardavid, Jonathan) Modified on 5/15/2009 (Simpson, T.). Modified on 5/15/2009 (Simpson, T.). (Entered: 05/14/2009)

May 14, 2009 PACER
41

TRIAL MEMO by Quinnipiac Univ. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Affidavit D, # 5 Appendix E)(Bardavid, Jonathan) (Entered: 05/14/2009)

2 Appendix A

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3 Appendix B

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4 Appendix C

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5 Affidavit D

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6 Appendix E

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May 14, 2009 PACER
42

Proposed Findings of Fact and Conclusions of Law by Quinnipiac Univ. (Bardavid, Jonathan) (Entered: 05/14/2009)

May 14, 2009 PACER
43

TRIAL MEMO re Preliminary Injunction by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Attachments: # 1 Appendix)(Orleans, Jonathan) (Entered: 05/14/2009)

2 Appendix

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May 14, 2009 PACER
44

Minute Entry. Proceedings held before Judge Stefan R. Underhill: Motion Hearing held on 5/14/2009 re 26 MOTION to Preclude Testimony, 37 MOTION to Strike, 2 Motion for Preliminary Injunction. Oral ruling issued by Judge Underhilldenying 37 Motion to Strike; taking under advisement 2 Motion for Preliminary Injunction; denying 26 Motion to Preclude. Total Time: 1 hour and 25 minutes(Court Reporter Susan Catucci.) (Sbalbi, B.) (Entered: 05/15/2009)

May 14, 2009 PACER
45

Marked Witness List by L. R., Robin Lamott Sparks, Quinnipiac Univ, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Sbalbi, B.) (Entered: 05/15/2009)

May 14, 2009 PACER
46

Marked Exhibit List by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Sbalbi, B.) (Entered: 05/15/2009)

May 14, 2009 PACER
47

Marked Exhibit List by Quinnipiac Univ. (Sbalbi, B.) (Entered: 05/15/2009)

May 14, 2009 PACER

Docket Entry Correction re 40 Notice (Other), 39 Notice (Other) MODIFIED BOTH ENTRIES TO NOTE DOCUMENTS ENTERED IN ERROR - PER THE LOCAL RULES, DISCOVERY IS NOT TO BE FILED (Simpson, T.)

May 15, 2009 PACER

Docket Entry Correction re 40 Notice (Other), 39 Notice (Other) MODIFIED TO REMOVE ENTERED IN ERROR TEXT. ENTRIES ARE ACCEPTABLE BY THE JUDGE AS IS (Simpson, T.)

May 15, 2009 PACER
48

Proposed Findings of Fact and Conclusions of Law re 2 Motion for Preliminary Injunction by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Orleans, Jonathan) Modified on 5/20/2009 to create link to document # 2 (Candee, D.). (Entered: 05/19/2009)

May 19, 2009 PACER
49

STIPULATION Regarding Deadlines by L. R., Robin Lamott Sparks, Quinnipiac Univ, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Bardavid, Jonathan) (Entered: 05/20/2009)

May 20, 2009 PACER

Reset Deadlines as to 23 MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks. (Responses due by 6/26/2008), Set Deadlines:( Rule 26 Meeting Report due by 6/8/2009) (Candee, D.)

May 20, 2009 PACER
50

ORDER approving Stipulation Regarding Deadlines 49 . Signed by Judge Stefan R. Underhill on 05/21/2009. (Penberthy, Katherine) (Entered: 05/21/2009)

May 21, 2009 PACER
51

ORDER granting 2 Motion for Preliminary Injunction. Signed by Judge Stefan R. Underhill on 05/22/2009. (Penberthy, Katherine) (Entered: 05/22/2009)

May 22, 2009 RECAP
52

Joint MOTION Reference to Magistrate Judge by L. R., Robin Lamott Sparks, Quinnipiac Univ, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker.Responses due by 6/25/2009 (Orleans, Jonathan) (Entered: 06/04/2009)

June 4, 2009 PACER
53

ORDER granting 52 Motion for referral to Magistrate Judge. Signed by Judge Stefan R. Underhill on 6/9/09. (Sbalbi, B.) (Entered: 06/09/2009)

June 9, 2009 PACER
54

ORDER REFERRING CASE to Magistrate Judge William I. Garfinkel for settlement conference. Signed by Judge Stefan R. Underhill on 6/9/09. (Sbalbi, B.) (Entered: 06/09/2009)

June 9, 2009 PACER
55

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.Telephone Pre-Settlement Conference set for 6/16/2009 @11:30 AM before Judge William I. Garfinkel. Counsel for the plaintiff shall initiate this call. Once all parties are on the line, please contact Chambers at (203)579-5593. A date for the settlement conference will be set during the telephone call. As the Court requires parties or their representatives with settlement authority to attend the settlement conference, counsel should obtain dates of unavailability from their clients over the next 90 days and have their own calendars available to aid in the scheduling. During the telephone call, counsel should be prepared to discuss what information needs to be exchanged and anything else that needs to be accomplished prior to the settlement conference for the discussions to be productive. This telephone conference will not be rescheduled based on requests from counsel. If counsel is not available at the scheduled time, please arrange for coverage by another lawyer who will have the necessary background knowledge to participate. (Sanders, C.) (Entered: 06/10/2009)

June 10, 2009 PACER
56

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 8/11/2009 at 10:00 AM in Courtroom One, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill. Please see attached calendar for further details. (Sbalbi, B.) (Entered: 06/15/2009)

June 15, 2009 PACER
57

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Settlement Conference is scheduled for July 27, 2009 @ 9:30 AM before The Honorable William I. Garfinkel in courtroom 437, 4th Floor, 915 Lafayette Blvd., Bridgeport, CT 06604. Counsel shall check in with Judge Garfinkel's chambers, room 429 prior to the conference. PLEASE REVIEW THE SETTLEMENT CONFERENCE ORDER ATTACHED. (Sanders, C.) (Entered: 06/16/2009)

June 16, 2009 PACER
58

Minute Entry for proceedings held before Judge William I. Garfinkel: Telephone Pre-Settlement Conference held on 6/16/2009. 15 minutes (Sanders, C.) (Entered: 06/16/2009)

June 16, 2009 PACER
59

MOTION to Continue /Postpone Oral Argument Re: 23 Motion to Dismiss by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Orleans, Jonathan) Modified on 6/22/2009 to create link to document # 23 (Candee, D.). (Entered: 06/19/2009)

June 19, 2009 PACER
60

MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks until July 15, 2009 by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Orleans, Jonathan) (Entered: 06/19/2009)

June 19, 2009 PACER
61

ORDER granting 59 Motion to Continue motion hearing; granting 60 Motion for Extension of Time to File Response/Reply re 23 MOTION to Dismiss. (Responses due by 7/15/2009). Motion Hearing is rescheduled for September 2, 2009 at 11:00 a.m. Signed by Judge Stefan R. Underhill on 6/24/09. (Sbalbi, B.) (Entered: 06/24/2009)

June 24, 2009 PACER
62

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing rescheduled for 9/2/2009 at 11:00 AM in Courtroom One, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill (Sbalbi, B.) (Entered: 06/24/2009)

June 24, 2009 PACER
63

Third MOTION for Extension of Time to File Response/Reply (Opposition) on Consent as to 23 MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks until July 24, 2009 by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Orleans, Jonathan) (Entered: 07/14/2009)

July 14, 2009 PACER
64

ORDER granting 63 Motion for Extension of Time to File Response/Reply re 23 MOTION to Dismiss. Responses due by 7/24/2009. Signed by Judge Stefan R. Underhill on 7/15/09. (Sbalbi, B.) (Entered: 07/15/2009)

July 15, 2009 PACER

Acknowledgement of Receipt of Exhibits by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Sbalbi, B.)

July 17, 2009 PACER
65

MOTION for Leave to Appear Pro Hac Vice re: Attorney Edward A. Brill. Filing Fee $25.00. Receipt Number B018218, by Quinnipiac Univ. (Attachments: # 1 Affidavit) (Heard, J.) (Entered: 07/21/2009)

2 Affidavit

View on PACER

July 21, 2009 PACER
66

ORDER granting 65 Motion to Appear Pro Hac Vice re: Attorney Edward A. Brill for Quinnipiac Univ added. Signed by Clerk on 7/21/2009. (Heard, J.) (Entered: 07/21/2009)

July 21, 2009 PACER
67

Acknowledgement of Receipt of Exhibits by Quinnipiac Univ. (Sbalbi, B.) (Entered: 07/23/2009)

July 23, 2009 PACER
68

Memorandum in Opposition re 23 MOTION to Dismiss Complaint by Plaintiffs Overdevest and Sparks filed by L. R., Robin Lamott Sparks, Stephanie Biediger, Kayla Lawler, Erin Overdevest, Kristen Corinaldesi, Lesley Riker. (Orleans, Jonathan) (Entered: 07/24/2009)

July 24, 2009 PACER
69

Minute Entry for proceedings held before Judge William I. Garfinkel: Settlement Conference held on 7/27/2009. Case not settled. Counsel will contact the court for a follow-up. Total Time: 4 hours and 30 minutes (Sanders, C.) (Entered: 07/27/2009)

July 27, 2009 PACER
70

Consent MOTION for Extension of Time until 08/14/2009 To File Reply 68 Memorandum in Opposition to Motion by Quinnipiac Univ. (Bardavid, Jonathan) (Entered: 08/04/2009)

Aug. 4, 2009 PACER
71

ORDER granting 70 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 08/05/09. (Shonka, N.) (Entered: 08/05/2009)

Aug. 5, 2009 PACER
72

MOTION to Withdraw Without Prejudice Its 23 Motion Dismiss Complaint by Plaintiff Robin Sparks by Quinnipiac Univ. (Gambardella, Mary) Modified on 8/17/2009 to create link to document # 23 (Candee, D.). (Entered: 08/13/2009)

Aug. 13, 2009 PACER
73

ORDER granting 72 Motion to Withdraw 23 MOTION to Dismiss Complaint. Signed by Judge Stefan R. Underhill on 8/17/09. (Sbalbi, B.) (Entered: 08/17/2009)

Aug. 17, 2009 PACER
74

ORDER re (withdrawn) 23 Motion to Dismiss; finding as moot 25 Motion for Hearing. Signed by Judge Stefan R. Underhill on 8/17/09. (Sbalbi, B.) (Entered: 08/17/2009)

Aug. 17, 2009 PACER
75

MOTION for Leave to Appear Pro Hac Vice for Attorney Susan D. Friedfel. Filing Fee $25.00. Receipt Number B018419 by Quinnipiac Univ. (Candee, D.) (Entered: 09/04/2009)

Aug. 31, 2009 PACER
76

ORDER granting 75 Motion to Appear Pro Hac Vice for Attorney Susan D. Friedfel. Signed by Clerk on 9/4/09. (Candee, D.) (Entered: 09/04/2009)

Sept. 4, 2009 PACER
77

NOTICE TO COUNSEL - Parties are to file a Form 26(f) report by 10/5/09 along with a written statement signed by all counsel and pro se parties explaining why sanctions should not be imposed for the parties' failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint. Signed by Clerk on 9/15/09. (Candee, D.) Modified on 9/17/2009 (Candee, D.). (Entered: 09/17/2009)

Sept. 15, 2009 PACER

Docket Entry Correction - Docket entry 77 Notice modified to indicate correct signature on document. (Candee, D.)

Sept. 17, 2009 PACER
78

REPORT of Rule 26(f) Planning Meeting. (Orleans, Jonathan) (Entered: 09/17/2009)

Sept. 17, 2009 PACER
79

NOTICE of Appearance by Susan D. Friedfel on behalf of Quinnipiac Univ (Friedfel, Susan) (Entered: 10/01/2009)

Oct. 1, 2009 PACER
80

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 10/22/2009 at 2:00 PM in Chambers Room 411, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill. (Yaster, B.) (Entered: 10/02/2009)

Oct. 2, 2009 PACER
81

TRANSCRIPT of Proceedings held on 5/11/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Jury Trial (Morning Session). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 10/27/2009. Redacted Transcript Deadline set for 11/6/2009. Release of Transcript Restriction set for 1/4/2010. (Catucci, S.) (Entered: 10/06/2009)

Oct. 6, 2009 PACER
82

TRANSCRIPT of Proceedings held on 5/11/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Preliminary Injunction Hearing (Afternoon Session). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 10/27/2009. Redacted Transcript Deadline set for 11/6/2009. Release of Transcript Restriction set for 1/4/2010. (Catucci, S.) (Entered: 10/06/2009)

Oct. 6, 2009 PACER
83

TRANSCRIPT of Proceedings held on 5/12/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Preliminary Injunction Hearing (Part 1). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 10/27/2009. Redacted Transcript Deadline set for 11/6/2009. Release of Transcript Restriction set for 1/4/2010. (Catucci, S.) (Entered: 10/06/2009)

Oct. 6, 2009 PACER
84

TRANSCRIPT of Proceedings held on 5/12/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Preliminary Injunction hearing (Part 2). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 10/27/2009. Redacted Transcript Deadline set for 11/6/2009. Release of Transcript Restriction set for 1/4/2010. (Catucci, S.) (Entered: 10/06/2009)

Oct. 6, 2009 PACER
85

TRANSCRIPT of Proceedings held on 5/12/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Preliminary Injunction Hearing (Part 3). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 10/27/2009. Redacted Transcript Deadline set for 11/6/2009. Release of Transcript Restriction set for 1/4/2010. (Catucci, S.) (Entered: 10/06/2009)

Oct. 6, 2009 PACER
86

TRANSCRIPT of Proceedings held on 5/12/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Preliminary Injunction Hearing (Part 4). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 10/27/2009. Redacted Transcript Deadline set for 11/6/2009. Release of Transcript Restriction set for 1/4/2010. (Catucci, S.) (Entered: 10/06/2009)

Oct. 6, 2009 PACER
87

TRANSCRIPT of Proceedings held on 5/13/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Preliminary Injunction Hearing. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 10/27/2009. Redacted Transcript Deadline set for 11/6/2009. Release of Transcript Restriction set for 1/4/2010. (Catucci, S.) (Entered: 10/06/2009)

Oct. 6, 2009 PACER
88

TRANSCRIPT of Proceedings held on 5/14/09 before Judge Stefan R. Underhill. Court Reporter: Susan E. Catucci. Type of Hearing: Preliminary Injunction Hearing. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 10/27/2009. Redacted Transcript Deadline set for 11/6/2009. Release of Transcript Restriction set for 1/4/2010. (Catucci, S.) (Entered: 10/06/2009)

Oct. 6, 2009 PACER
89

Memorandum of scheduling conference held on 10/23/2009 before Judge Stefan R. Underhill. Bench trial is scheduled to begin May 3, 2010. Parties are requested to confer about dates for motions to join new parties, motions to certify a class, and matters relating to discovery. Total Time: 1 hour (Court Reporter Susan Catucci.) (Yaster, B.) (Entered: 10/23/2009)

Oct. 23, 2009 PACER
90

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Bench Trial set for 5/3/2010 at 09:00 AM in Courtroom One, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill. (Yaster, B.) (Entered: 10/23/2009)

Oct. 23, 2009 PACER
91

Letter from Edward A. Brill Dated 10/20/09 Re: revised 26(f) report schedule. (Candee, D.) (Entered: 10/27/2009)

Oct. 23, 2009 PACER
92

ORDER re 78 Report of Rule 26(f) Planning Meeting. Report approved. Discovery shall be completed by 10/1/10 and dispositive motions shall be filed by 11/1/10. Signed by Judge Stefan R. Underhill on 10/27/09. (Sbalbi, B.) (Entered: 10/27/2009)

Oct. 27, 2009 PACER

State / Territory: Connecticut

Case Type(s):

Education

Key Dates

Filing Date: April 16, 2009

Closing Date: Oct. 11, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All present, prospective, and future female students at Quinnipiac University who are harmed by and want to end Quinnipiac University’s sex discrimination in: (1) the allocation of athletic participation opportunities; (2) the allocation of athletic financial assistance; and (3) the allocation of benefits provided to varsity athletes.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Quinnipiac University (Hamden), Private Entity/Person

Defendant Type(s):

College/University

Case Details

Causes of Action:

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2013 - 2016

Content of Injunction:

Monitor/Master

Discrimination Prohibition

Develop anti-discrimination policy

Monitoring

Preliminary relief granted

Recordkeeping

Reporting

Issues

General:

Funding

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Non-government non-profit