June 13, 2007
Click here to view the Consolidated Settlement Notice in PDF format
NOTICE OF PROPOSED CLASS-ACTION SETTLEMENT AND HEARING
ATTENTION: ALL PRESENT AND FUTURE FEMALE STUDENTS OF SLIPPERY ROCK UNIVERSITY WHO PARTICIPATE, SEEK TO PARTICIPATE, OR HAVE BEEN DETERRED OR PREVENTED FROM PARTICIPATING IN SLIPPERY ROCK UNIVERSITY ATHLETICS
PLEASE READ THIS NOTICE CAREFULLY AS IT ADDRESSES A LAWSUIT THAT MAY AFFECT YOUR RIGHTS.
I. INTRODUCTION
The purpose of this notice is to inform you of a proposed settlement in a pending class action lawsuit brought against Slippery Rock University ("SRU") on behalf of all present and future female students of SRU (including currently enrolled female students, female students admitted for the 2006-07 academic year, and prospective female students) who participate, seek to participate, or have been deterred or prevented from participating in, or obtaining the benefits of, intercollegiate athletics at SRU. A class-action settlement, which must be approved by the Court, was reached in this pending class action, which is captioned or otherwise referred to as Choike, et al. v. Slippery Rock University of Pennsylvania, Civil Action No. 2:06-cv-00622-DWA, and which is pending in the United States District Court for the Western District of Pennsylvania (the "Litigation"¨).
The plaintiff class in the Litigation alleges that SRU violated, and is continuing to violate, Title IX of the Education Amendments of 1972, 20 U.S.C. 1681-88 ("Title IX") by: (1) failing to provide equitable athletic opportunities for its female students (the "Participation Claims"); and (2) failing to provide equitable treatment to its female student athletes (the "Treatment Claims").
The proposed settlement (the "Settlement"¨) resolves the Participation Claims and the Treatment Claims.
Through the Participation Claims, the plaintiff class sought to prevent SRU from eliminating any women's varsity athletic teams (including, particularly, the women's swimming, water polo, and field hockey teams, which SRU had announced publicly that it intended to eliminate) and bar SRU from cutting any other women's varsity programs unless and until SRU had achieved compliance with particular requirements of Title IX. SRU has denied and continues to deny any liability or wrongdoing. SRU argues in its defense of the Litigation that it has complied with the relevant requirements of Title IX.
Through the Treatment Claims, the plaintiff class sought to ensure that SRU provided equal treatment to its athletic teams regardless of gender, with respect to Equipment and supplies; Scheduling of games and practice time; Travel and per diem allowances; Tutoring; Coaching; Locker rooms, practice and competitive facilities; Medical and training facilities and services; Housing and dining facilities and services; Publicity; Support services; and Recruitment of student athletes.
The parties to the Litigation have now entered into a proposed agreement to settle the Participation Claims and the Treatment Claims of the Litigation (the "Agreement").
THIS NOTICE SUMMARIZES THE PROPOSED SETTLEMENT AND ADVISES YOU OF:
The status of the Litigation and the opportunity to file with the Court an objection to the Settlement and to appear at the Fairness Hearing addressing the approval of the Settlement.
II. DEFINITIONS OF THE CLASS
The plaintiff class, which was certified by the Court on April 9, 2007, is defined as:
All present and future female students of SRU, including currently enrolled female students, female students admitted for the 2006-07 academic year, and prospective female students who participate, seek to participate, or have been deterred or prevented from participating in or obtaining the benefits of intercollegiate athletics sponsored by SRU (the "Class").
The Court has appointed plaintiffs Elizabeth Laura Choike, Ashley Guinivere Stoner, Heather Walbright, Jessica Student, Jennifer Venet, Elizabeth Penning, Laura A. Sanford, Emily C. Campbell, Rebecca Zinn, Alison Nicole Nuckols, Sarah S. Sander, and Racheal Bienias as representatives of the Class.
III. REASONS FOR THE SETTLEMENT
After hard-fought litigation and extensive negotiations, which were supervised by a magistrate judge of the Court, Class Counsel (Terry L. Fromson, Esq. and Susan Frietsche, Esq. of the Women's Law Project and Abbe F. Fletman, Esq. and Lizanne V. Hackett, Esq. of the law firm of Flaster/Greenberg P.C.) have concluded that the terms and conditions of the Settlement are fair, reasonable, and in the best interests of the Class. In reaching this conclusion, Class Counsel have analyzed the benefits of the Settlement, the possible outcome of further litigation, and the expense and length of continued proceedings necessary to prosecute the Participation Claims and the Treatment Claims through trial and possible appeals.
By entering into the Settlement Agreement, SRU does not admit any fault or wrongdoing. SRU denies any and all liability to the Class and the representatives of the Class and denies that it has violated Title IX. The Court entered a preliminary injunction against SRU requiring it to reinstate the women's water polo and swimming teams, but no trial on the merits has occurred. (SRU voluntarily agreed to reinstate the women's field hockey team.)
IV. SUMMARY OF PROPOSED SETTLEMENT
As a benefit to the Class, SRU has agreed to do the following, as set forth in the Agreement:
Retain women¡¦s swimming and water polo as varsity teams for one full academic year after SRU has achieved compliance with the proportionality requirement of Title IX within two percentage points and accord to these teams funding, staffing, and all other benefits commensurate with their status as varsity intercollegiate teams;
Allocate to women¡¦s varsity athletics an additional amount of money (the ¡§Additional Fund¡¨) for the academic year following any year during which the participation of SRU female varsity athletes was not within two percentage points of the proportion of full-time female undergraduates;
Provide various items of participation-related documentation (including, for example, National Collegiate Athletic Association eligibility and clearance forms, squad lists, and attendance records) to Class Counsel on a quarterly basis so that counsel may evaluate SRU¡¦s compliance with pertinent Title IX requirements;
Develop a unified athletic budget with input from coaching staff that includes athletic funding from all sources and that achieves equity in funding for men¡¦s and women¡¦s varsity athletics;
Provide various items of treatment-related documentation (including, for example, athletic budgets, athletic expenses, and coaching assignments by team, experience level, and salary) to Class Counsel on an annual basis so that counsel may evaluate SRU's compliance with pertinent Title IX requirements;
Adopt and publicize policies that set forth gender equitable treatment in such areas as Uniforms and Equipment; Transportation and Lodging; Publicity; and Scheduling of trainers, medical personnel and training facilities;
Designate $300,000 (the "Additional Fund") in new spending, to be budgeted and expended at the rate of $100,000 in each of the three academic years beginning in 2007-08, with at least $50,000 to be used for scholarships to recruit women athletes to compete on SRU varsity teams;
Make improvements to on-campus athletic facilities including the Softball Field and the Morrow Field House.
V. BINDING EFFECT/RELEASES
The proposed Settlement, if finally approved by the Court, will bind all members of the Class.
As a result, any person who is a member of the Class will be barred from seeking injunctive relief for claims relating to SRU¡¦s provision of athletic opportunities for or treatment of its female students pursuant to:
Title IX of the Education Amendments of 1972, 20 U.S.C. 1681-88, and all rules and regulations promulgated under Title IX; and/or any state or local statutory, administrative, regulatory, or code provisions that either (1) directly incorporate Title IX or any of the rules or regulations promulgated under Title IX or (2) set forth standards or obligations coterminous with or equivalent to Title IX or any of the rules or regulations under Title IX.
If the Court finally approves the Settlement, Class members will covenant and agree not to file any suits or bring any claims against SRU raising any of the above-listed claims for injunctive relief.
VI. HEARING ON PROPOSED SETTLEMENT
The Court has scheduled a Fairness Hearing for July 20, 2007 at 10:00 a.m. in the Courtroom of the Honorable Donetta W. Ambrose, Chief Judge of the United States District Court for the Western District of Pennsylvania, to determine whether the proposed Settlement is fair, reasonable, and adequate and should be finally approved and to address any other matters related to the Settlement of the Participation and Treatment Claims.
It is not necessary for you to appear at the hearing. You may, however, choose to appear at the hearing, either in person or through an attorney. If you wish to appear at the hearing in person or through your own attorney, you or your attorney must notify the Clerk of the Court, Robert V. Barth, Jr., U.S. Post Office & Courthouse, Seventh Avenue & Grant St., Pittsburgh, PA 15219 and the following attorneys in writing by July 2, 2007:
Susan Frietsche, Esq.
Women¡¦s Law Project
425 Sixth Avenue, #1860
Pittsburgh, PA 15219
Scott Bradley, Esq.
Office of the Attorney General
6th Floor, Manor Complex
564 Forbes Avenue
Pittsburgh, PA 15219
Requests to be heard at the Fairness Hearing filed by attorneys should be filed pursuant to the Electronic Case Filing Procedures for the Western District of Pennsylvania, which are available online at www.pawd.uscourts.gov/Pages/cmecf.htm.
VII. OPT-OUT
You may not ¡§opt out¡¨ of the provisions of the Settlement. You may, however, voice objections to the Settlement as discussed below.
VIII. OBJECTIONS TO THE SETTLEMENT
If you believe that the Court for any reason should not finally approve the proposed Settlement, you may object to it. You may object through an attorney but need not retain an attorney to object. If you want to object to the proposed Settlement, you or your attorney must file an objection in writing with:
Clerk of the Court
Robert V. Barth, Jr.
U.S. Post Office & Courthouse
Seventh Avenue & Grant St.
Pittsburgh, PA 15219
with copies to:
Susan Frietsche, Esq.
Women's Law Project
425 Sixth Avenue, #1860
Pittsburgh, PA 15219
Scott Bradley, Esq.
Office of the Attorney General
6th Floor, Manor Complex
564 Forbes Avenue
Pittsburgh, PA 15219
All objections must be in writing and must be received by the Clerk of the Court on or before July 2, 2007. All objections must state the name and number of the Litigation, which are Choike, et al. v. Slippery Rock University of Pennsylvania, Civil Action No. 2:06-cv-00622-DWA. Objections filed by attorneys should be filed pursuant to the electronic Case Filing Procedures for the Western District of Pennsylvania, which are available online at www.pawd.uscourts.gov/Pages/cmecf.htm.
Only Class members who have filed written objections or their attorneys shall have the right to present objections orally at the Fairness Hearing, and they will only have the right to do so if they expressly seek it in their written objection.
Unless otherwise ordered by the Court, any Class members who do not make their objections or opposition to the Settlement in the manner described above shall be deemed to have waived all objections and opposition to the fairness, reasonableness, and adequacy of the Settlement and any other matters pertaining to the Participation Claims and the Treatment Claims.
IX. ADDITIONAL INFORMATION
This Notice is a summary and does not describe all of the details of the Settlement. The Settlement Agreement and all other papers filed in the Litigation are available for inspection in the offices of the Clerk of the Court, U.S. Post Office & Courthouse, Seventh Avenue & Grant St., Pittsburgh, PA 15219. The documents may be examined by any Class member or by counsel during normal court hours.
Further information about and copies of this Notice and the Settlement Agreement are available at www.womenslawproject.org. If you have additional questions, you may also call Class Counsel at (412) 227-0301.
PLEASE DO NOT CONTACT THE JUDGE DIRECTLY ABOUT THE SETTLEMENT OR THIS NOTICE.