U.S. Department of Education investigating school district
by
Derik Vanderford
Staff Writer
Union Daily Times
UNION — The Union County School District is working with the U.S. Department of Education’s Office of Civil Rights to review its athletic program after being informed of a federal investigation into allegations that the district discriminated against female athletes.
In December 2012, Jessica Sherbert held a press conference in the hallway outside a meeting of the Union County Board of School Trustees. She decided to hold the conference after being told at two separate board meetings that she could express grievances — about what she called inconsistent district policies — during executive session, but not publicly. Board members said they were advised to discuss matters in executive session that would involve naming specific employees or their job titles. In the South Carolina Freedom of Information Act, Section 30-4-70, the first purpose listed for Executive Session is “discussion of employment matters related to an employee.”
During Sherbert’s press conference, she presented a letter to all media representatives which stated: “The issue here is the inconsistency in applying discipline and use of policy from the athletic department.”
Sherbert’s letter accused the school district of a Title IX violation in that “an all-girl athletic group has much harsher rules and consequences than that of its male counterparts.” Sherbert also stated that such discrimination falls under the Equal Protection Clause of the 14th Amendment of the Constitution. Sherbert’s letter also expressed grievances regarding the way in which cheer leading tryouts were conducted, as well as responses she received from Union County High School Interim Athletic Director Will Hickson. She also complained about Hickson’s treatment of her husband, fellow coach and former Interim Athletic Director Scott Sherbert.
Last week, the school district received a letter from the U.S. Department of Education Office for Civil Rights dated April 19, 2013, which stated it was in reference to a complaint filed on March 25, 2013, against the Union County School District — in particular, Union County High School, Lockhart Middle School, Jonesville Middle School and Sims Middle School — on the basis of sex. The letter states that the complainant alleged the following:
- The high school treated the complainant’s niece (the student) differently from male students who quit or are dismissed from athletic teams when the student was not allowed to participate in soccer following her dismissal from the cheer leading squad;
- Female athletes at the high school are denied access to equitable funding;
- The high school and middle schools do not provide equitable equipment, including uniforms, and supplies for female athletes;
- The high school and middle schools deny female athletes access to equitable facilities, including the high school’s storage facilities, locker rooms, video rooms, and coaches’ offices; and the middle schools’ practice fields.
- The high school fails to provide equitable publicity to female athletic teams;
- The high school fails to provide equitable per diem funding to female athletic teams on travel;
- The high school does not provide equitable medical and strength training services for female athletes; and
- The high school and the middle schools discriminate against female athletes in the scheduling of their games and competitions.
The letter goes on to state, “Because we have determined that we have jurisdiction and the complaint was timely filed, we are opening the complaint for investigation. Please note that opening the complaint for investigation in no way implies that OCR has made a determination with regard to its merit. During the investigation OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the complainant, the district, and other sources, as appropriate.”
Union County School District Superintendent Dr. Kristi Woodall responded to the OCR’s notification of investigation.
“The district is working with our attorneys and the Office of Civil Rights to review the athletic offerings and opportunities provided to our students,” Woodall stated. “The district is proud of our history and tradition of excellence in student activities such as athletics, fine arts, and JROTC. While we are confident that there has been no discrimination in the athletic opportunities provided to our female students, we welcome any feedback and suggestions the Office of Civil Rights offers regarding improvements or changes needed.”
Look for more information regarding this situation as it becomes available in The Union Daily Times and on www.uniondailytimes.com.
Staff Writer Derik Vanderford can be reached at 864-427-1234, ext. 29, or by email at dvanderford@civitasmedia.com.
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