May 10, 2010

Violent Athletes – Tragedies And Legal Trouble Preventable?

The University of Virginia lacrosse murder case is something that needs no additional commentary. It is a tragedy and no one can deny this. Whether the fact that the victim and alleged killer were both lacrosse players and products of upscale prep schools is germane to the killing is a topic for debate.

What is important, however, is the issue of domestic violence among these athletes. As this article makes clear, this type of tragedy should never happen. The article implies that female athletes do not need to tolerate a higher level of “abuse” from men simply because they are athletes, but they are apparently not speaking up about such incidents. What could be unique about this case is the potentially imminent legal battle between the victim’s family and UVa.

Anti-domestic violence advocate Kathy Redmond makes the point in the article that the “growing permissiveness and lack of education by many women and girls” is … “potentially lethal.” If the reports are true that the aleged killer “has a criminal record dealing with alcohol and violence” and twenty percent of the lacrosse players at Virginia have alcohol-related arrests, then one has to wonder about liability. Specifically, could a is it just a matter of time before the institution which allowed him to play in a culture that allegedly fosters aggressiveness (according to the article) is held liable in a civil lawsuit? This is the type of tragedy that everyone wishes had never occurred, but now that it is out there and a young life has been lost, it seems evident that accountability is the next step.

April 16, 2010

Title IX Softball Lawsuit Settled

Sometimes as a sports lawyer, you get a case that just makes you sit up and wonder what on earth the other side is thinking.

Imagine you are representing the plaintiffs in a sports lawsuit. Let’s say you represented a softball team from a high school that wanted to sue the school district for a violation if Title IX. As evidence of the inequality between the softball and baseball teams, we have the following:

The softball team plays on a “rock-strewn field about a mile from school.” The baseball team plays in a “stadium with covered seating for 1,500, an air-conditioned press box, a manicured field and batting cages with artificial turf.” Not only that, but the softball coach was told that he would be fired if he complained about the inequality. You probably do not need a law degree to predict who is going to win this Title IX discrimination lawsuit.

Surely, no case would ever be this simple, right? Wrong. This is precisely what happened in Maui at Baldwin High School. Not surprisingly, the parties settled when the governor agreed to release one million dollars in funds to upgrade the softball facilities, and to pay the plaintiffs’ attorney’s fees as well.