The key aspects of the settlement are:
- UC Davis will follow a strategic plan to narrow the difference between the participation rates for men and women in intercollegiate athletics. Under this plan, the differential between women’s undergraduate enrollment rates and women’s varsity participation rates will be reduced to 3.5 percent for the 2009-10 school year. If the differential does not drop to 2.5 percent or less by the 2010-11 school year, the campus will either add a new women’s intercollegiate sport which will start competition in the 2013-14 school year or achieve the 2.5 percent threshold by the fall of 2012. The agreed upon differential for the 2013-14 school year is 1.5 percent if the percentage of female undergraduates is 58 percent or lower. If women make up more than 58 percent of the undergraduate population that year, the differential threshold is 2 percent. If the campus does not reach the applicable differential, it will either add a new women’s intercollegiate sport which will start competition in the 2016-17 school year or achieve the applicable differential by the fall of 2015. Finally, the differential for the 2016-17 school year will be no more than 1.5 percent. If the campus does not meet that number, it will either add a new women’s intercollegiate sport which will start competition in the 2019-20 school year or achieve the differential by the fall of 2018.
- The newly added women’s field hockey team will enjoy the same status as any other intercollegiate team, as will any other team added under the agreement.
- UC Davis will contribute $110,000 to a non-profit organization selected by the plaintiffs. Plaintiffs have the discretion to distribute the money in a manner they deem to be appropriate, so long as it is used to support club sports at UC Davis. They have advised the university that if the settlement is approved by the Court, they intend to use the fund for the development of women athletes.
- The class representatives (Brust, Bulala and Ludwig) will each receive the sum of $8,000.
- The attorney’s fee and costs claim made by plaintiffs will be settled by payment of $460,000 to Equal Rights Advocates, the Sturdevant Law Firm, and Equity Legal.
- The fact that the university has entered into this agreement is not an admission of liability or an admission that it is not or has not been in compliance with Title IX. The terms of the settlement apply only to UC Davis and should not be used as precedent for other UC schools.
Attorneys for both sides are preparing documents for submission to the Court as part of the approval process. They anticipate having those documents on file by early next week.
Media Resources
Andy Fell, Research news (emphasis: biological and physical sciences, and engineering), 530-752-4533, ahfell@ucdavis.edu