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
Education."
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
Education?
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
appreciated!
Hugs
Amber V. DeWine
your_honor@justice.com
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