Christina Spicer  |  September 30, 2019

Category: Legal News

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university of kentucky football stadium signTwo female Wildcats have lodged a class action lawsuit alleging the University of Kentucky does not have enough women in its athletic programs in violation of federal law.

Lead plaintiffs, Elizabeth Niblock and Meredith Newman, claim in their class action lawsuit that the university needs to add nearly 200 women to their athletic program to come into compliance with Title IX regulations.

Title IX is a federal law requiring publicly funded institutions to provide equal resources and opportunities to each gender.

Both Niblock and Newman allege that they are athletes who compete at high levels in their chosen sports. They are seeking varsity level opportunities to participate in those sports at the University of Kentucky, but the sports they participate in are not offered at the varsity level at the institution.

Kentucky Sports reports that the women approached university officials to start varsity level teams in their sports, lacrosse, field hockey, and a triathlon team; however, they were denied.

Both women contend that UK is unfairly diverting more funds and resources to men’s sports at a cost to female students and their opportunity to compete at a high level in varsity sports.

According to the complaint, the University of Kentucky “prides itself on being a leader in the nation in sports with its Elite 1-3-5 program. However, UK, is standing on the backs of its female student population in order to promote and benefit men’s sports at the expense and detriment to women’s sports.”

The University of Kentucky class action lawsuit points out that Title IX requires federally funded institutions to ensure that the number of men and women participating in athletic activities is proportionate to the genders of those enrolled in the school. UK provides woman far fewer opportunities to women, say the plaintiffs. Further, those opportunities are allegedly “poorer” than those afforded to male students.

According to the University of Kentucky class action lawsuit, the student population is 55 percent female; however, of the student involved in varsity athletics at UK, only 41 percent of them are female.

“UK does not have a history or continuing practice of expanding intercollegiate athletic opportunities for women students to accommodate their existing or developing interests,” states the complaint. “For example, at various periods of time since the passage of Title IX, female participation opportunities for women have actually decreased even though the number of female students has steadily risen over the years. In addition, UK has eliminated women’s varsity teams, including field hockey.”

Further, say the plaintiffs, the University of Kentucky actively seeks out and recruits male student athletes from high schools and community colleges. The institution makes no such effort for female students who compete at a high level in athletics.

For its part, the University of Kentucky says that it offers a broad base of sports to all students. According to local CBS News affiliate KFVS 12, the school issued a statement that asserts it “fully complies with Title IX.”

The plaintiffs seek to represent current and future would-be student athletes who happen to be women and are allegedly denied the opportunity to participate at the University of Kentucky.

The class action lawsuit is seeking an injunction and damages.

Have you been discriminated against because of your gender? Share your story in the comments below!

The plaintiffs are represented by Jill Zwagerman, Beatriz Mate-Kodjo, and Lori Bullock of Newkirk Zwagerman PLC, and Barbara D. Bonar of Bonar Bucher & Rankin PSC.

The University of Kentucky Class Action Lawsuit is Niblock, et al. v. University of Kentucky, et al., Case No. 5:19-cv-00394-KKC, in the U.S. District Court for the Eastern District of Kentucky, Central Division at Lexington.

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