FPAE reaches settlement with FHSAA

Posted Oct 14, 2009 by Nick Williams

Updated Oct 14, 2009 at 03:36 PM

The four-month pending lawsuit filed by Florida’s Parents for Athletic Equity against the Florida High School Athletic Association has come to an end.

FPAE filed suit in June citing the FHSAA Board of Directors April vote to reduce all varsity contests except football was in violation of Title IX gender equity laws. The board said it didn’t cut football because it generated the most money of any prep sport.

The FHSAA released a statement Wednesday stating the lawsuit, Cook v. FHSAA, was dropped as both parties had come to an agreement. The plaintiffs, a group of parents that form FPAE, waived all claims for monetary damages but the FHSAA will pay their attorney’s fees and legal costs, a sum of $41,200.

As part of the settlement, the FHSAA agreed to the folliwing: The FHSAA will comply with all state and federal nondiscrimination laws and policies that are applicable to state athletic associations; must not make any changes to Policy 6 (which rules on maximum number of contests in a season) that treats one gender differently from the other and must give at least two weeks advance written notice of any change to Policy 6 to attorney and former Olympic swimmer Nancy Hogshead-Makar, who represented FPAE. Finally, the FHSAA must provide training to all attendees about their obligations under Title IX at the 2010, 2011 ans 2012 FHSAA Representative Assembly and Compliance Seminar.

Attorneys representing the families involved commented on the settlement in a release.

“One of our key goals was to make it clear to Florida School Districts and individual schools that any cut-backs to competitive seasons must be done equitably on a proportionate basis in order to be legal,” said attorney Leslie Goller.

“We believe that the settlement accomplishes that goal,” Hogshead-Makar said.

FHSAA executive director Roger Dearing called the lawsuit unfortunate.

“After deliberation with the FHSAA Board of Directors, and attorneys involved, a mutual agreement was reached, which includes training the participants who attend the FHSAA Representative Assembly meeting, and the FHSAA Compliance Seminars each of the next six years,” he said in a release. “It is our understanding that all schools have returned to the same number of contests they had in the 2008-09 school year. It is unfortunate that the situation occurred while trying to help our member schools with the financial crisis they are facing, which inadvertently created an unintentional disparity to our student-athletes. We will continue to focus on providing excellent academic and athletic opportunities for the girls and boys in the state of Florida.”

In July, the FHSAA board of directors voted unanimously (15-0) to rescind its previous vote to reduce the number of contests in a season.

“In times of budget-tightening, girls cannot bear a disproportionate share of the cuts,” said attorney David Baron. “All school sports are important educational opportunities for all our children and no sport should receive preferential treatment.”