Summary judgment was granted by the Eastern District of California in favor of the University of California in a heavily litigated Title IX case that was pending for more than four years. The plaintiffs, former UC Davis students, claimed the University failed to accommodate the interests of its female students because women who want to be on the intercollegiate wrestling team at UC Davis are required to try out for the team under the same requirements as male students who want to be on the team. Ruling on an issue of first impression in the Eastern District of California, the judge held that the plaintiffs had failed to give the campus adequate notice of their claim, resulting in its dismissal. In an earlier motion for judgment on the pleadings, Porter Scott was successful in obtaining a ruling dismissing the majority of plaintiffs’ claims on the basis of the statute of limitations and dismissing claims against the individual defendants under 42 USC section 1983 on the basis of statutory pre-emption. The plaintiffs filed an appeal. During the pendency of the appeal, the U.S. Supreme Court issued an opinion holding that individuals can be held liable in Title IX cases under section 1983. The Ninth Circuit recently issued an opinion overturning the lower court on the notice issue and remanding the matter to the district court for further proceedings. UC Davis, a recognized leader in women’s athletics, continues to vigorously defend against the claims.
