“No Person In The United States Shall, On The Basis Of Sex, Be Excluded From Participation In, Be Denied The Benefits Of, Or Be Subjected To Discrimination Under Any Educational Program Or Activity Receiving Federal Financial Assistance.” Title IX. [Signed into law by Pres. Nixon on June 23, 1973.]

A class action was filed against a high school alleging unlawful sex discrimination by providing female students with unequal opportunities in athletic programs, inequitable practice and competitive athletic, locker and storage facilities in violation of Title IX of the Education Amendments of 1972 [20 U.S.C. § 1681]. In opposing plaintiff’s opposition to partial summary judgment, the school argued it had substantially complied, noting also that the school offered 23 programs for girls and 21 for boys. The district court granted summary judgment to the plaintiffs on their unequal participation claim, concluding the high school failed to provide female students with opportunities to participate in athletics in substantially proportionate numbers as males. In affirming, the Ninth Circuit stated: “We reject [the high school’s] attempt to relitigate the merits of the case. Title IX levels the playing fields for female athletes. In implementing this important principle, the district court committed no error.” (Ollier v. Sweetwater Union High School District (Ninth Cir.; September 19, 2014) 768 F.3d 843.)