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Stephen Neal Jonathan Archuleta Brent Cameron Matt Corona Moses Delfin Lionel Halsey Brad Hull Mike Mendoza Kirk Metz Jason Riley Andy Varner Larry Vasquez Nathan Vasquez Erin Kelly Natalie Morrow Friends of Bakersfield Wrestling Kern County Wrestling Association National Wrestling Coaches Association David Afoa Nick Bradley Elizar Ceballos Raphael Davis Ruben Deleon Don Delfin Josh Factor Jeff Gardner Max Harris Thomas Juarez Brett Lobel Kevin Means Jason Merrell Ian Nelms Robbie Odell Tito Ortiz Josh Ready Max Schurkamp Joe Younan Seba Clemente, and Jeremy Bridges Dan Corpstein Tony De Souza Demetrio Duran David Molano Jason Ramstetter Eric Rowe Ryan Sheets Coby Wright Jessica Arevalo Cindy Jorgensen Jessica Ramsey Abby Schwarzberg Lori Stocker Diana Wesendunk v. The Board of Trustees of the California State Universities California State University, Bakersfield Barry Munitz Tomas Arciniega Rudy Carvajal

Citations: 198 F.3d 763; 99 Cal. Daily Op. Serv. 9775; 99 Daily Journal DAR 12585; 1999 U.S. App. LEXIS 32475Docket: 99-15316

Court: Court of Appeals for the Ninth Circuit; December 14, 1999; Federal Appellate Court

Narrative Opinion Summary

The case involved an appeal by the Board of Trustees of California State Universities against a preliminary injunction granted to plaintiffs who challenged California State University, Bakersfield's decision to reduce the roster size of the men's wrestling team. The plaintiffs alleged that this decision violated Title IX and the Equal Protection Clause. The district court had initially agreed, issuing an injunction against the roster reductions, but the Ninth Circuit reversed this decision, finding that Title IX permits gender-conscious adjustments in athletic programs to achieve gender proportionality. The case arose from a broader initiative to align athletic participation with the gender composition of the student body, which had a female majority. The appellate court emphasized deference to the Department of Education's interpretation of Title IX, permitting measures to balance gender representation in athletics. The court also noted that Title IX does not require equal interest levels to justify gender-conscious decisions. Ultimately, the Ninth Circuit's ruling vacated the injunction, allowing the university to proceed with its gender proportionality measures without violating Title IX.

Legal Issues Addressed

Constitutional Concerns and Statutory Interpretation

Application: The court avoided addressing potential constitutional questions by adhering to established statutory interpretation guidelines, affirming that the OCR's interpretation aligns with Congressional intent.

Reasoning: The court expressed concern that such a reading would reframe Title IX from an anti-discrimination statute into one aimed at remedying past discrimination, which would subject it to heightened constitutional scrutiny.

Interpretation of Title IX Regulations

Application: The court concluded that the Department of Education's interpretation of Title IX, allowing for gender-conscious adjustments, should be given deference unless deemed arbitrary or capricious.

Reasoning: The district court's decision should be reversed because it did not adequately defer to the Department of Education's interpretation of Title IX, which is the agency tasked with enforcing its provisions.

Preliminary Injunction and Abuse of Discretion Standard

Application: The appellate court reviewed the district court's grant of a preliminary injunction for abuse of discretion, focusing on whether the lower court's decision was based on incorrect legal interpretation or a clearly erroneous evaluation of evidence.

Reasoning: The Court reviews the district court's grant of a preliminary injunction for abuse of discretion, which occurs if the ruling is based on an erroneous legal interpretation or a clearly erroneous assessment of evidence.

Title IX and Gender Proportionality in Athletics

Application: The Ninth Circuit Court of Appeals determined that Title IX allows for gender-conscious decisions when adjusting athletic roster spots to achieve proportional representation of the student body.

Reasoning: The Ninth Circuit Court of Appeals, however, held that Title IX does not prohibit universities from making gender-conscious decisions to adjust roster spots and reversed the district court’s injunction.

Title IX Compliance and Gender Interests

Application: The court rejected the argument that compliance with Title IX should be based on expressed interest levels between genders, emphasizing that the statute aims to increase female athletics participation.

Reasoning: Title IX aims to increase female participation by expanding roster spots and scholarships, thereby fostering demand among women.