In a recent decision, Ollier v. Sweetwater Union High School District, the Ninth Circuit Court of Appeals upheld a trial court finding that a public school district intentionally discriminated and retaliated against female athletes on the basis of their sex, violating Title IX of the Education Amendments of 1972. The case is notable for finding that the three-part Title IX test generally applied to higher education entities also applies to high schools. The court also notably rejected the school district’s argument that there is no Title IX violation if there are more sports teams for female students at school than male students, even if there are fewer spots occupied by female students at the school.

In Ollier, the court found that female athletes at a high school were supervised by overworked coaches, provided with inferior competition and practice facilities, and received less publicity than male athletes. The court found that there were fewer athletic opportunities for female students as compared to their respective enrollments. The court rejected the school’s argument that there were more sports teams for girls than boys at the school, which was an attempt to justify the disparity between opportunity and enrollment. The court explained that the Title IX test requiring substantial proportionality between female athletic participation and enrollment generally applied to colleges and universities also applied to high schools, and that the test focuses on the number of participating athletes, not the number of available spots on girls’ teams. The court determined that because the inequalities were the result of systemic administrative failures and the failure to implement policies and procedures to cure the inequities, the school district illegally discriminated against female athletes in violation of Title IX.

The court also found that the school district retaliated against the female athletes by firing the girls’ softball coach just a few weeks after the father of two of the athletes complained about the perceived inequalities in the programs. The coach had been warned that he could be fired at any time for any reason, which he understood to be a threat that he would be fired if the female athletes continued to complain. The court explained that coaches are often the best advocates for female athletes and that employment decisions affecting them can negatively impact the athletes.