Female Athletes Reach Landmark Title IX Sex Discrimination Class Action Settlement with San Diego State University

‍ ‍SDSU will Pay $300,000 to Women for Denying Them Equal Athletic Financial Aid in Past; Adopt Gender Equity Plan; Comply with Title IX; Provide Equal Athletic Financial Aid, Treatment, and Benefits in Future

Fifteen former women’s rowing and track & field varsity team members who filed a class action against San Diego State University (SDSU) in 2022 for discriminating against its female student-athletes in violation of Title IX have reached a landmark settlement in the case. In a national first, the settlement requires SDSU to pay $300,000 in class-wide damages to female athletes for depriving them of equal athletic financial aid in the past. It also requires SDSU to hire an agreed-upon outside expert to conduct a Gender Equity Review, develop a Gender Equity Plan, provide equal athletic financial aid and treatment & benefits to its female athletes in the future, and ensure its entire athletic department complies with Title IX by the end of the 2026-27 academic year.

‍Yesterday afternoon, U.S. District Judge Todd W. Robinson of the United States District Court for the Southern District of California, in San Diego, issued an order approving the settlement and the “unprecedented monetary award” in it.

Title IX is more than 50 years old and, despite settlements and legal victories requiring numerous universities to comply with the law, schools throughout the country are still depriving their female athletes of equal opportunities to participate, athletic financial aid, and treatment & benefits. This is the first case to seek—or recover—class-wide damages from a school for depriving its female athletes of equal athletic financial aid.

“We are extremely proud we fought SDSU’s sex discrimination against its female athletes and won this ground-breaking settlement,” said plaintiff and former rower Madison Fisk. “SDSU is going to comply with Title IX in the future and pay for violating it in the past.”

“In a time when college sports are rapidly changing, we hope this settlement sends a message to schools around the country that women are done accepting less than what Title IX requires, equity in all areas,” said Lori Bullock of Bullock Law PLLC in Des Moines, Iowa, co-counsel for the women.  “Schools need to address these inequities now, not after female athletes file suit, and hopefully, the prospect of paying damages will spur stronger compliance efforts throughout college athletics.”

“This lawsuit should not have been necessary, but SDSU refused to give women athletes the equal athletic aid, treatment, and benefits they deserve and Title IX requires,” said plaintiff and former track & field athlete Carina Clark. “Now, it will. And it will pay damages.”

“These women have made history,” said Arthur Bryant of Arthur Bryant Law in Oakland, CA, lead counsel for the athletes. “This is the first school to pay class-wide damages to female athletes for discriminating against them in violation of Title IX. But it sure won’t be the last.”

The other plaintiffs and former SDSU athletes who reached the cutting-edge settlement are Raquel Castro, Greta Viss, Helen Bauer, Natalie Figueroa, Erica Grotegeer, Kaitlin Heri, Olivia Petrine, Aisha Watt, Kamryn Whitworth, Sara Absten, Eleanor Davies, Alexa Dietz, and Larisa Sulcs.

“We are profoundly proud of the women athletes who gave their time, strength, and voices to drive the change this lawsuit demanded. Their courage is a powerful reminder that equality in collegiate sports is not a privilege to be granted. It is a fundamental right, earned through persistence and worth every effort to achieve,” said plaintiffs’ co-counsel Gayle M. Blatt of Casey Gerry Francavilla Blatt LLP in San Diego.

“Our clients showed extraordinary courage by coming forward and trusting us to challenge entrenched inequality,” said Jenna Rangel of Haeggquist & Eck LLP in San Diego, co-counsel for the plaintiffs. “This settlement proves that when women speak out, institutions can be forced to change.”

Plaintiffs’ counsel also include Amber Eck of Haeggquist & Eck LLP and David Casey of Casey Gerry Francavilla Blatt LLP.

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Contacts:

Arthur Bryant, 510-507-9972, arthur@arthurbryantlaw.com

Lori Bullock, 515-231-6008, lbullock@bullocklawpllc.com

Jenna Rangel, 619-255-4173, jennar@haelaw.com

Gayle Blatt,  619-238-1811, gmb@cglaw.com

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