[EDEQUITY] Does a Title IX case lie here?

From: Amber Valeris DeWine (Your_Honor@mail.findlaw.com.criticalpath.net)
Date: Tue Jun 06 2000 - 18:14:37 EDT

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    Dear Edequity list:

     I write to you to ask a noncombative question. I was recently approached
    by a friend of mine who is encountering a situation in his college student
    group that he believes is very discriminatory, as do I, and I was
    wondering, in your opinion, does a Title IX case lie in this situation?

      There is a national college student group that operates state chapters
    throughout the nation. In the state where my friend lives the state
    chapter is authorized by the state Department of Education. In fact, the
    highest ranking official in the state organization is a Department of
    Education administrator. In a recent controversy, this official announced
    that the power of the organization was "granted by the state Department of

      Due to a lack of officer candidates at the time of election, the state
    administration announced that it would take applications for state offices
    and select the officers for the upcoming year. While qualified applicants
    of both genders applied, only female applicants were selected. (The
    selecting, incidentally, was done by an all-female administrative staff
    including the state Education Department official.) In fact, a male
    applicant for State President was vastly more qualified than the female
    applicant who was selected for the office.

      Under current law, do you think that a Title IX action would lie in this
    situation against the organization and against the state Department of

      Now consider if the state administration had announced that it would
    receive applications for three other state offices, and selected one or two
    (token) male applicants for these positions. Would a Title IX action still
    lie because there was discrimination in awarding the highest offices,
    including the highest office of President?

      Thanks very much for any input you might have! Frank opinions very much


    Amber V. DeWine

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