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Update:
- San Diego State University must face a Title IX lawsuit from a group of athletes after a Southern California federal court judge ruled to allow several complaints to proceed.
- The school eliminated its rowing program in spring 2021, and former rower Natalie Figueroa successfully argued she could have been in contention for financial aid had the rowing program continued at the school.
- U.S. District Judge Todd W. Robinson states that, because the former rowers are no longer athletes at the school, they could not benefit from an injunction and declaratory relief. Robinson also dismissed claims from a group of former athletes who transferred before the original filing.
- In the third amended complaint, a group of female track and field athletes successfully argued that, if a larger pool of scholarship money existed without a cap, they would have been eligible for more financial aid.
SDSU female athlete financial aid class action overview:
- Who: A group of 17 current and former student athletes sued San Diego State University and its parent institution, the California State University system.
- Why: The plaintiffs allege San Diego State University awards female varsity student athletes less financial aid than their male counterparts.
- Where: The lawsuit is pending in California federal court.
(Feb. 09,2022)
San Diego State University (SDSU) gives more financial aid to its male student athletes than female athletes in violation of the law, a new class action lawsuit alleges.
More than a dozen current and former student athletes filed a class action lawsuit against the university and its parent institution, the California State University system, on Feb. 7, alleging violations of Title IX of the Education Amendments of 1972.
According to lawyers for the plaintiffs, the case is the first Title IX athletic financial aid damages lawsuit in the United States.
Title IX’s basic tenet is “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
According to the complaint, athletic financial aid should be granted to male and female student athletes in proportion to the gender distribution of varsity team membership.
SDSU financial aid disclosures show college has ignored deadlines for more than a decade, plaintiffs say
But the plaintiffs point to San Diego State’s financial aid disclosures submitted to the federal government as evidence the college has been ignoring these guidelines for more than a decade.
The lawsuit says, in the 2019-2020 school year, women made up 58% of San Diego State’s total student-athlete population. But female team members received only 51% of the $9.1 million in athletic financial aid dollars awarded that year—a loss of $694,000 for female athletes.
“This lawsuit seeks to make SDSU pay its female varsity student athletes the equal athletic financial aid they have been and are being deprived of — and require SDSU to provide them with equal athletic financial aid in the future,” the plaintiffs state.
The plaintiffs are seeking to represent a class of more than 300 current and former female San Diego State students who participated in intercollegiate sports from the 2019-2020 school year to now and did not receive all the financial aid they were entitled to.
They are also seeking an injunction requiring the university to even out its financial aid practices for current student athletes.
In 2018, a group of female students launched a class action lawsuit against Hawaii’s Department of Education under Title IX, alleging public schools discriminate against them when it comes to athletic opportunities because of their gender.
What do you think of this class action lawsuit against the college? Let us know in the comments!
The class is represented by Arthur H. Bryant, Lori Bullock, Cary Joshi and Joshua I. Hammack of Bailey Glasser LLP; Amber Eck and Jenna Rangel of Haeggquist & Eck LLP; and Gayle M. Blatt of Casey Gerry Schenk Francavilla Blatt & Penfield LLP.
The San Diego State University Title IX Class Action Lawsuit is Fisk et al. v. Board of Trustees of the California State University et al., Case No. 3:22-cv-00173, in the U.S. District Court for the Southern District of California.
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