Arthur Bryant Tells Sportico: Federal Title IX Report “Confirms the Sad, Shameful Truth.”

Arthur Bryant, Bailey Glasser partner and Title IX team leader, was quoted in a new Sportico article discussing the recent U.S. Government Accountability Office’s report: “COLLEGE ATHLETICS: Education Should Improve Its Title IX Enforcement Efforts.”

According to Sportico, the GAO report found that the U.S. Department of Education’s Office for Civil Rights, responsible for enforcing Title IX, was failing in its efforts. It noted that, during the 2021-22 academic year, 93% of universities had female athletic participation rates lower than their enrollment rate, while 63% of schools had participation-enrollment gaps of 10% or more. You can read the full GAO report here.

Title IX is a federal law that prohibits sex discrimination by schools that receive federal funds, including almost all colleges and universities nationwide. The report, Bryant said, shows that “[m]ost colleges in America are violating Title IX and depriving women of equal opportunities to participate in intercollegiate athletics. The federal government isn’t enforcing the law and making them comply like it should. So this illegal sex discrimination is continuing.”

Arthur Bryant is the nation’s leading Title IX attorney representing both female and male athletes in gender equity lawsuits against schools like San Diego State, Fresno State, and Oregon to the University of Central Oklahoma, Florida State, and Clemson. He has successfully represented more women athletes and potential athletes in Title IX litigation against schools and universities than any lawyer in the country.

“This report confirms the sad, shameful truth,” Bryant told Sportico. “If girls and women want it to stop, they have to be willing to stand up, fight, and sue.”

To read the full Sportico article, please visit here.

To learn more about our recent Title IX cases, visit here.

Arthur Bryant Quoted in On3NIL Article: “How Will Title IX Shape a Revenue-Sharing College Sports World”

“If a revenue-sharing model does not provide equal treatment and benefits, ‘[schools] will be held accountable.’” Arthur Bryant, Bailey Glasser partner and Title IX Team Leader.

In a recent On3.com article, Arthur discusses the Title IX parameters colleges and universities must consider in creating revenue-sharing models for student-athletes. “Institutions, conferences and the NCAA need to be aware that, whatever revenue-sharing model is implemented, Title IX requires that female and male student-athletes receive equal treatment and benefits,” he said.

Under Title IX, Bryant told On3, when it comes to “straight-out payments” – like scholarship dollars – “equal” means proportional.

Arthur and the Bailey Glasser Title IX team are on the forefront of Title IX litigation, representing both female and male athletes in gender equity lawsuits against schools nationwide from San Diego State, Fresno State, and Oregon to the University of Central Oklahoma, Florida State, and Clemson.

Read the full On3 article here.

To learn more about Arthur Bryant and his Title IX practice, please visit here.

#TitleIX #TitleIXAthletics

Federal Appeals Court Vacates District Court Decision in Fresno State Title IX Case, Opens Door for All-Female-Student-Athlete Class Action

In an important appellate victory for six former members of the women’s lacrosse team at Fresno State, the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s orders denying class certification, paving the way for the lawsuit to continue on behalf of all female student-athletes at the university.

First filed in 2021, the lawsuit alleged Fresno State violated Title IX by depriving women of equal opportunities to participate in varsity athletics and equal treatment and benefits. In February 2022, the women sought certification as a class action on behalf of all female student-athletes and/or potential athletes at the school. However, the district court twice denied certification, finding an inherent conflict between athletes who played on different teams.

The Ninth Circuit disagreed, finding the lower court “clearly erred” by holding such a conflict exists as to the equal opportunities claim. The court reached a similar conclusion as to the equal treatment claim, holding the district court erred by failing to analyze it separately.

“Today, the Ninth Circuit opened a door the district court twice tried to slam shut. In a real sense, this order vindicates the brave young women who stood up and demanded that Fresno State provide what Title IX promises—equality,” said BG partner Joshua I. Hammack, who briefed and argued the appeal. “The court confirmed that those who seek equality are not in conflict with those who stand to benefit from it. The fight isn’t over, of course, but today is an important step toward justice.”

In addition to Hammack, the Plaintiffs are represented by lead counsel and Title IX team leader Arthur Bryant, and partners Cary Joshi and Lori Bullock of Bailey Glasser, and Cynthia Chapman, Mike Caddell, and Amy Tabor of Caddell & Chapman.

To read the full press release and Ninth Circuit opinion, please visit here.

Ms. Magazine Profiles Title IX Lawsuit Against the University of Oregon

Ms. Magazine profiles our recent Title IX lawsuit against the University of Oregon on behalf of 32 women student-athletes from the women’s varsity beach volleyball and women’s club rowing teams. “I love the University of Oregon, but this hurtful, outrageous sex discrimination has to stop,” said Ashley Schroeder, student-athlete and lead plaintiff of the December 1, 2023 lawsuit against Oregon alleging sex discrimination in athletic participation opportunities, financial aid, and benefits and publicity.

“These young women did not go to school imagining they would sue their university, but they are committed to fighting for what is right,” said Bailey Glasser partner Lori Bullock.

“Title IX has been the law for more than 50 years. Oregon needs to comply with it, now,” said Arthur Bryant, Bailey Glasser’s Title IX team leader. “The history of Title IX has shown: If women want equality, they need to fight for it. So that’s what the women at Oregon are doing.”

Ms. Magazine details the historical nature of this lawsuit as it is the first ever to seek damages connected to NIL discrimination against women. Specifically, the women are suing for the lack of “support for opportunities to receive payments for use of their names, images and likenesses,” which Ms. Magazine notes could have significant implications for the finances of college athletics and the future of Title IX.

The plaintiffs are represented by BG’s Arthur Bryant, Lori Bullock, Cary Joshi, Joshua Hammack, Savanna Jones and Laura Babiak, along with local counsel Jennifer Middleton of Johnson Johnson Lucas & Middleton in Eugene, OR.

Read the full article here.

Learn more about the lawsuit here.

#TitleIX #Athletics #Equality #baileyglasser #msmagazine #universityoforegon

Partner Lori Bullock Breaks Down Oregon Title IX Lawsuit to Sports Publication Deadspin

Bailey Glasser’s lawsuit against the University of Oregon is front page news at sports publication Deadspin: “Oregon Just Got Hit With a Title IX Lawsuit and the Allegations are Rough.” Lori Bullock – Bailey Glasser partner, Title IX litigator, and co-lead counsel in this lawsuit – breaks down the lawsuit, sport economics, budget excuses, and delivers an excellent reality check about what Title IX requires.

Read the article here.

#titleix #equalathleticopportunity #equalrights #baileyglasser

Title IX Lawsuit Filed by Women Student-Athletes Against University of Oregon

Eugene, OR: Thirty-two female student-athletes filed a detailed sex discrimination class action over 100 pages long against the University of Oregon today for depriving women of equal treatment and benefits, equal athletic aid, and equal opportunities to participate in varsity intercollegiate athletics in violation of Title IX of the Education Amendments of 1972. The case, filed by twenty-six women’s varsity beach volleyball team members and six women’s club rowing team members in U.S. District Court in Eugene, Oregon, seeks “to hold Oregon accountable for discriminating against all of its female student-athletes and potential student-athletes, make Oregon pay damages to the women it has deprived and is depriving of equal treatment and equal athletic financial aid, and stop Oregon from violating Title IX in the future.”

Title IX, a federal civil rights law, prohibits sex discrimination by the University of Oregon and all educational institutions that receive federal funds. The women’s beach volleyball team members “aim to hold Oregon accountable for depriving them and all varsity female student-athletes of equal treatment and equal athletic financial aid in violation of Title IX.” The women’s club rowing team members “seek to hold Oregon accountable for depriving them and all present and future female students at Oregon of equal opportunities to participate in varsity athletics.”

“Title IX has been the law for more than fifty years. Oregon needs to comply with it, now,” said BG partner Arthur H. Bryant, lead counsel for the women. “Three months ago, The Oregonian exposed the school’s blatant sex discrimination in a front-page investigative report: “Oregon Ducks beach volleyball players detail disparate treatment that experts say could violate Title IX.” But the school refuses to change its ways or even admit there is a problem. It has taught its women athletes what the history of Title IX has shown: If women want equality, they need to fight for it. So that’s what the women at Oregon are doing.”

“We are proud to represent these courageous women who have decided to stand up and fight for the equality Title IX requires and against the sex discrimination that Title IX prohibits,” said BG lead co-counsel Lori Bullock in Des Moines, Iowa. “These young women did not go to school imagining they would sue their university, but they are committed to fighting for what is right.”

Other members of the BG team on this case are partners Joshua Hammack and Cary Joshi, and associates Laura Babiak and Savanna Jones.

For more click here.

Partner Arthur Bryant Featured in On3NIL: “Utah Collective’s NIL Truck Deal ‘Huge’ Concern for University”

Arthur Bryant, Bailey Glasser partner and Title IX team leader, was interviewed by On3NIL regarding a University of Utah-focused NIL collective team deal that provided all 85 scholarship football players – and no women athletes – new Dodge pickup trucks. “It appears to be a flagrant, stunningly obvious violation of Title IX that could cost the school millions of dollars,” Bryant told On3.

The NIL deal by the “Crimson Collective” announced that it would be giving leases to 2024 Dodge Ram trucks to Utah’s scholarship football players for free. The article calls the truck deal a “high-profile example of the complex Title IX question that the broader college athletics industry is wrestling with more than two years into NIL.”

Title IX is a 51-year-old federal law that prohibits sex-based discrimination by any school that receives federal funding and stipulates schools must provide male student-athletes and female student-athletes with equal treatment and benefits.

Bryant noted that a video released announcing the deal, which visibly displayed the university’s logo, “undercut[s] any notion that the university was not involved in the truck deal.” He added: “ Female student-athletes at Utah need to hold the school accountable – no one else will do it. The history of Title IX has shown that women don’t get equality unless they are willing to fight for it.”

To learn more, read the full article here.

#NIL #TitleIX #TitleIXAthletics #BaileyGlasser

Title IX Litigator Lori Bullock Appears on “Talking Title IX and College Sports” Podcast

BG Partner and Title IX litigator Lori Bullock shares her insights on the latest podcast episode of “Talking Title IX and College Sports.” This episode covers the dispute with Florida State University which started after an investigative report published in USA Today revealed that FSU was not providing equitable opportunities for women athletes under Title IX. Lori, BG partner Arthur Bryant, and student Sophia Villalonga led an effort to elevate women’s lacrosse to varsity status. In October of 2023, FSU announced that a varsity women’s lacrosse program was expected to debut in the spring of 2026 and the university also agreed to conduct a full gender equity assessment of its athletic program and address any issues relating to gender equity for women athletes at FSU.

To listen to the episode, click here.
To learn more about the FSU matter and the settlement negotiated by Bailey Glasser, visit here.

Arthur Bryant Featured on the Sports Law Expert Podcast

Arthur Bryant, Bailey Glasser partner and Title IX team lead, is featured on the Sports Law Expert Podcast. As described in the press release accompanying the episode release: “Hackney Publications announced today the release of the latest episode of Sports Law Expert Podcast, which features Arthur Bryant of Bailey Glasser, who is arguably the nation’s foremost plaintiffs’ attorney in the area of Title IX.” To read the entire release visit here: https://sportslawexpert.com/2023/10/18/arthur-bryant-of-bailey-glasser-joins-sports-law-expert-podcast-as-a-guest/

The podcast can be heard here: https://podcasters.spotify.com/pod/show/holt-hackney/episodes/A-visit-with-Sports-Lawyer-Arthur-Bryant–of-Bailey-Glasser-e2a0a5g.

“Arthur has single-handedly changed the lives of thousands of female athletes,” said Holt Hackney, the publisher of Hackney Publications. “He has done this by directly representing those athletes against colleges and universities in Title IX litigation, as well as influencing hundreds of other institutions of higher education, who have witnessed his vigilance when it comes to ensuring gender equity.”

Court Rules All Plaintiffs in Title IX Case Can Sue SDSU for Retaliation

In the case’s second key ruling in the past month, a federal judge held that all of the female student-athletes who filed the precedent-setting Title IX sex discrimination class action against San Diego State University can sue the school for retaliating against them for asserting their rights.

On April 12, 2023, the court held that five Plaintiffs could sue for retaliation and twelve could not. Yesterday, October 10, 2023, it amended that order and held that all seventeen Plaintiffs could do so – and could seek both damages against SDSU for its past retaliation and a court order barring the school from retaliating in the future.

“Our justice system depends on the simple point that litigants cannot intimidate or scare away potential witnesses,” said Bailey Glasser partner Joshua Hammack in Washington, D.C., who took the lead in briefing and arguing the issues. “SDSU tried to do exactly that, and the Court agreed all Plaintiffs deserve their day in court on the resulting retaliation claim.”

The Bailey Glasser team is composed of Title IX team leader Arthur Bryant and partners Joshua Hammack, Lori Bullock, and Cary Joshi, along with co-counsel Amber Eck and Jenna Rangel of Haeggquist & Eck, LLP, and David S. Casey, Jr., and Gayle Blatt of Casey Gerry in San Diego.

For more details, please visit this link.

#titleix #justice #baileyglasser #equalrightsinsports

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