Thought Leadership

Playing Prime Time or Stuck on a Broken-Down Bus? Are Your High School Athletics Programs Providing Equal Benefits under Title IX?

By Jackie Wernz, Adam Rothey, Matt Reed, and Kendra Yoch

Historically, K-12 athletics have taken a back seat to collegiate athletics when it comes Title IX enforcement, whether in the form of private litigation or investigations by the Department of Education’s Office for Civil Rights (“OCR”).  More recently, however, we are seeing an emerging focus on Title IX enforcement in high school athletics, and specifically allegations that female teams are receiving unequal benefits compared to their male counterparts. Is your district in compliance? An internal review can help ensure equal opportunities and benefits for your athletes and avoid costly disputes. Here’s what to look for.

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The #2 Tip for the Title IX Jurisdiction Analysis: Take Cross-Claims Seriously

In another blog post today, I talk about the many takeaways Title IX administrators and team members can glean about Title IX cases from the Johnny Depp/Amber Heard defamation trial. One of those takeaways deserves a closer look; it is the second tip for the Title IX jurisdiction analysis in our blog series addressing some of the most fundamental questions that arise during the Title IX sexual harassment intake process. Here’s what you need to know about cross-claims by respondents.

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Top Three Title IX Lessons From the Depp/Heard Defamation Trial

The recent Johnny Depp/Amber Heard trial felt a bit like a black hole; no matter how hard I tried to pull away, the gravity eventually sucked me in. My reasons for wanting to stay away were simple: As an attorney and an expert in Title IX matters, I know how vital impartiality is in deciding these challenging cases. As a working parent and spouse, I knew I would not have the time or energy to watch every hour of testimony and review every piece of evidence. I knew it would be difficult not to base any opinions I might form about the case on my own biases and prejudices under those circumstances, particularly with the onslaught of media opinions on both sides. So best to stay away, I thought, if I can.

I couldn’t. In the end, I read many articles, watched some footage, and even listened to a few podcasts on the trial. I still do not believe I am in a position to make any of the many sweeping claims that the media and advocates on both sides of the aisle have made about the verdict. But the case does provide some important takeaways and practice tips for Title IX administrators. Here are the top three, in my opinion.

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