Female High School Athletes Go the Distance in Title IX Settlement with Hawaii Department of Education

Risa Nagel, Law Clerk - Legal Aid At Work

A class of female athletes at the largest public high school in Hawai‘i settled a Title IX class action in October 2023.  The settlement, which has been preliminarily approved by the District Court of Hawai‘i will require systemic athletics equity for female students at James Campbell High School on Oahu, Hawai‘i. Following a five-year journey through a successful interlocutory appeal to the Ninth Circuit and a triumphant application of Title IX to the Oahu Interscholastic Association, the plaintiffs celebrate their settlement and the creation of a more level playing field for female athletes everywhere.

Female athletes at Campbell alleged widespread and systemic sex discrimination. Female athletes frequently had to use bathrooms in a nearby Burger King or hide underneath bleachers to change for practice. The girl’s water polo team would often have to practice in the ocean, facing winds and waves. Meanwhile, male athletes had access to their own locker room and appropriate athletic facilities. Moreover, when Campell’s female athletes reported disparate treatment to the school, they faced retaliation and threats to cancel the girls water polo season. In 2022, the New York Times interviewed plaintiffs detailing the “humiliating” discrimination these brave plaintiffs faced.

Plaintiffs sought injunctive relief under Title IX. They alleged the Hawaii Department of Education and the Oahu Interscholastic Association failed to provide female athletes with equal athletic participation opportunities and equal athletic treatment and benefits. Plaintiffs also alleged the Department of Education retaliated against the class when student athletes reported gender discrimination.

Female athletes at Campbell alleged widespread and systemic sex discrimination.

There is substantial research that establishes the direct link between enhanced educational opportunities, positive health outcomes, greater individual self-esteem and higher probabilities of gainful employment for girls who participate in sports. The correlation is particularly strong for girls of color. For example, graduation rates for Black female athletes are higher than their non-athlete counterparts. Similarly, Asian and Latina female athletes also reported higher grades than non-athletes. More than three-quarters of Campbell’s students are Asian, Native Hawaiian or Pacific Islander, or Hispanic, making access to equal athletic opportunities a gender and racial justice issue in Hawai‘i.

The settlement established a seven-year compliance and monitoring plan, including processes for soliciting and implementing the feedback of students, parents, coaches, and the community. The settlement also secured an independent evaluator to bring Campbell into compliance with Title IX, as well as procedures for reviewing complaints and non-retaliation assurances. In the course of litigation, state officials also allocated an additional $6 million to the Hawaii Department of Education for Campbell athletic facilities, including a girls’ locker room.

In addition to the favorable outcomes for plaintiffs, this case also achieved two opinions that advanced Title IX law. In denying the Oahu Interscholastic Association’s motion to dismiss, the District Court of Hawai‘i established that Title IX can apply to athletic associations indirectly receiving federal funds. A. B. v. Hawaii State Dep't of Educ., 386 F. Supp. 3d 1352 (D. Haw. 2019).

And the Ninth Circuit, ruling on a Rule 23(f) petition, reversed the lower court’s denial of class certification, holding that the class of female athletes was sufficiently numerous, and plaintiffs’ classwide retaliation claim met commonality and typicality standards. A. B. v. Hawaii State Dep't of Educ., 30 F.4th 828 (9th Cir. 2022). The court built on its 2014 Title IX decision, Ollier v. Sweetwater Union High School District, to uphold the class’s standing in seeking relief for retaliation, even when only a subset of athletes faced the Department of Education’s retaliatory behavior. A.B., 30 F.4th. at 839-42; Ollier v. Sweetwater Union High Sch. Dist., 768 F.3d 843 (9th Cir. 2014).

The lead plaintiff for the case, Ashley Badis, who recently received the Billie Jean King Youth Leadership Award for her fight for equity in women’s high school sports, summed up the impact of the plaintiffs’ win: “I’m happy that future students won’t have to go through what my teammates and I did. We just wanted girls to have the same opportunities to play that boys had.”

The Court has set the Final Approval hearing for February 16, 2024 at 10:30 a.m. Hawaii time. Class notice is underway as of January 2024.