Tag Archives: TitleIXat50

Rebel in the 1950s

In the 1970s, several dozen determined girls brought lawsuits to play in Little League baseball. But none of them was actually the first to breach the gender barrier there. That honor goes to Kathryn “Kay” Johnston Massar.

            For her story, we have to go all the way back to 1950.

            Kay lived in Corning, New York, a hot spot for Little League baseball. A Corning team had gone to the Little League World Series quarter-finals in 1948 and the semifinals in 1949. Kids could really play ball in Corning.

            But no matter how much she loved baseball, Kay realized that her gender would shut her out of the game.

            “My mother was braiding my hair one day when I was 13 years old and my brother left the house with his bat to go practice, and I started crying,” she recalled. “I knew I could play. I was just as good as him and better than some of the other boys.”*

The braids gotta go

            Kay and her mother hatched a plot. They cut off her waist-length braids, and on the day of the Little League tryouts, she borrowed a pair of her brother’s baseball pants, grabbed a baseball cap and her glove and took off out the door.

            Only one thing remained to pull off the deception. How could she sign up as Kay? She wouldn’t even be allowed to try out. So Kay borrowed one more thing — the name of a character in “Little Lulu,” her favorite comic strip. Tubby. She tried out for the King’s Dairy team across town, where no one knew her or would recognize her.

            Kay — I mean, Tubby — made the team, as she knew she would. Her father bought her a first baseman’s glove. She slept with the mitt under her pillow, breathing in the smell of the leather.         

            “I was so happy,” Kay said. “I wasn’t thinking, I’m breaking a barrier; I was just playing the sport I loved.”**

Better ‘fess up

            She played for a few weeks before her nerves got the best of her. Afraid of being discovered and kicked off the team, she confessed to her coach what she’d done. He waved off her concern. “You’re my first baseman,” he said.***

            Kay had the time of her life on that team. “I played the whole season,” she said. “So much fun, a thrill!”

            Despite Kay’s new look and name, word soon got around that a girl was playing with the boys. While her teammates didn’t seem to mind, other people did.

            “It was the other [opposing] players that would push me down or call me names, and the parents initially booed when I went out to play,” Kay said. “They could see that I was a better player than some of their sons.”****

And that’s that… until…

            Eventually, word reached Little League headquarters that a girl was playing on a team in Corning. The higher-ups put a stop to the insurrection, adding wording into the Little League rules that excluded girls. Unofficially, the rule became known as the Tubby Johnston Rule.

            That rule stood for the next 24 years, until 1974, when Maria Pepe, a 12-year-old girl in Hoboken, New Jersey, sued Little League for the right to play, and she won.

            Kay’s story was eclipsed by Maria’s for a long time, but on September 27, 2006, she threw out the first pitch at a Yankees game; she’s also thrown out a first pitch for the Oakland A’s. She is honored as a trailblazer at the National Baseball Hall of Fame in Cooperstown, New York. But in the end, her status as a first has always been eclipsed by her love of the game.

            “You know, I have to tell you, when I went out pretending to be a boy, I had no idea I was setting some sort of a record,” she said.† “That was the furthest thing from my mind. I just wanted to play the game.”

                                                _________________

* Joe Davidson, “Yolo County’s Nakken inspires as first base coach for Giants,” The Sacramento Bee (July 24, 2020), p. B4. About her age — years later, Kay confessed that she was actually 14 years old when she tried out for the team. In reality, she’d aged out of Little League, which was open to boys ages 9-12.

** Selena Roberts, “She had a secret,” Sports Illustrated (June 20, 2011).

*** This quote and the next one comes from the Sacramento Bee article.

**** A Little League Of Her Own: The First Girl In Little League Baseball,”NPR Morning Edition (March 30, 2018).

† NPR

Little League firestorm

The story of how Maria Pepe, a 12-year-old girl from Hoboken, New Jersey, forced Little League to accept female players is pretty well known. I’ve written about it myself.

            But in reality, the Little League story is not one of a single girl up against a behemoth. It’s more a case of nationwide spontaneous combustion.

            In 1974, about twenty girls across the country brought lawsuits against the all-boy Little League baseball organization. The lawsuits stretched from the East Coast to the West Coast. Maria Pepe’s lawsuit was simply the first one to go to court — and the lawsuit that won the day.

            By the time that court case was settled, Maria was too old to qualify for Little League. In 1972, she had made a team, but she only played in three games before she was forced off the field.

Fighting small minds

            Meanwhile, a girl in Peabody, Massachusetts, had a similar story. When 10-year-old Janine Cinseruli showed up for tryouts in her town, she was barred from the field.

             “When I went to sign up, a guy said, ‘You can’t play,’ and I said, ‘Why?’ and he said, ‘Because you’re a girl,’” she recalled. “I was not that smart or worldly, but I knew right then it was the most ridiculous thing I ever heard of. … I said, ‘But I can play, I’m really good.’”*

            Janine’s mother, Marion, went to bat for her. She hired a lawyer and filed a complaint with the Massachusetts Commission Against Discrimination. Their argument was the same as Maria Pepe’s — that Little League uses public fields and therefore can’t exclude girls from participating.

            When the case went to court, the Suffolk County Superior Court agreed.

            “The boys used to play with the boys, and the girls with the girls, but times have changed,” said Judge Samuel Adams.**

            The ruling came down in favor not only of Janine, but also of 10-year-old Susan Wegryn of Wellesley, Massachusetts, who had filed her own suit. “Baseball is my sport, and I want to play it,” she said in court.***

            The ruling also covered Janet Bowe of Allston, Mass., and Debbie MacColl of Wellesley. Janet had been barred from tryouts, while Debbie had been accepted one year when she signed up using her initials only, but barred the next year, when she wrote out her full name. 

Storming the field

            Trailblazers like these girls don’t forge a path easily. Janine’s family was bombarded with hate mail, which they tried to ignore, but it wasn’t easy.

            “Most of the letters I couldn’t even repeat because they were obscene, that’s just what they were,” Janine’s mother, Marion, said. “But I feel they come from small-minded people and I just burn them, throw them away.”****

            Little League didn’t really see the light. They caved because the cost of the mounting lawsuits would have bankrupted the organization. They continued to insist that Little League was the “prerogative” of males only.

            Meanwhile, after the ruling, in Peabody alone, 25 girls showed up for tryouts.

            Janine celebrated her win in court by dedicating her first game to her attorney, Ruth Budd. She pitched in that game and struck out 16 batters.

            “Roger Clemens did that for the Red Sox [in 1997] and I thought, ‘Cool, I did that, too, when I was 11,’” she said later as an adult.

            Janine went on to play not only regular season Little League, but in all-star teams for the next two summers. She was even elected team captain. I guess she showed them! As did all the other ball-playing girls who started a firestorm on the baseball field.  

                                                __________________________

* Melissa Isaacson, “The girls who toppled Little League,” ESPN.com (June 24, 2014).

** Joseph M. Harvey, “Peabody girl wins Little League trial,” The Boston Globe (April 25, 1974), p. 3.

*** Paul Langner, “2 Mass. girls win Little League case,” The Boston Globe (May 19, 1974), p. 29.

**** This quote and the following one come from Isaacson, “The girls.”

The pay gap narrows

Elite female athletes are more than aware of the pay gap between them and their male peers. Just ask anyone in the WNBA.

            Today, I want to widen out the lens to the pay inequity faced by women in any and every profession. The good news is that the picture has improved in recent years. The bad news is that only a small subset of women are benefiting.

            This year, it’s estimated that women are earning 83 cents for every $1 that men earn, according to Payscale, a company that tracks wage data.

            The gap narrows when you compare men and women with similar job titles, education, experience, industry and hours worked. This subset of women earns 99 cents for every $1 men make.

            That sounds great, doesn’t it? And it is progress — in the early days of my career the number was 75 cents. But these numbers don’t paint a true picture. Many women aren’t making that 83 cents, let alone the 99 cents.  

            “Many women and people of color are still segregated into a small number of jobs such as clerical, service workers, nurses, and teachers,” said a spokesperson for the National Committee on Pay Equity. “These jobs have historically been undervalued and continue to be underpaid to a large extent because of the gender and race of the people who hold them.”*

She starts the wheels turning

            While there’s still a long way to go, some of the progress that’s been made is due to the Lilly Ledbetter Fair Pay Act of 2009. It was the first law President Barack Obama signed when he took office.

            In 1979, Lilly Ledbetter took a management job at a Goodyear tire plant in Gadsden, Alabama. She was hired as a supervisor and later promoted to an area manager’s job. 

            Pay was a taboo subject at the company.

            “I was told to never discuss my pay, and if you did discuss your pay, you would no longer work there,” she said. “There was no way to find out where I stood, how I rated according to my peers.”**

            But two years before she planned to retire, someone — she doesn’t know who — passed along a note to Lilly with the salaries of the four area managers. She discovered she was being paid thousands less per year than the other three, all of them men.

            “It was so devastating. It didn’t just impact my pay, it impacted my overtime, my family and my future,” she said.

            Lilly had a 401(k) plan into which she made contributions matched in part by Goodyear. Contribution caps meant that she hadn’t been able to sock away as much as her male peers, so her retirement benefits would be less. The reduced salary also meant that her Social Security benefits were less as well.   

Her legacy lives on

            All along, Lilly had thought that because of the Equal Pay Act of 1963, she was being paid fairly.

            “I was young and naïve when I started at Goodyear,” she said. “I thought I was being paid equally…. Clearly, no one enforced [that law].”

            Lilly filed a lawsuit six months before her early retirement in 1998. She won more than $3 million in federal court, but the U.S. Supreme Court overturned the ruling. The Supreme Court ruling was canceled out when the Lilly Ledbetter Fair Pay Act became law.

            The act requires employers to ensure they don’t discriminate in pay practices and that they keep records proving fairness. It allows employees to file lawsuits under Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. The act eliminates any filing period, so an employee can at any time challenge her starting or subsequent pay.

            Lilly will never see anything from Goodyear for all her years of activism, but still, she feels that she is the victor.

            “I’ll be happy if the last thing they say about me after I die is that I made a difference,” she said.***

                                                ______________________

* Greg Daugherty, “That women make less than men remains a sad fact in 2021,” Investopedia (January 20, 2021).

** An interview with pay activist Lilly Ledbetter, Tory Burch Foundation. All of her quotes come from this article unless noted otherwise.

*** https://www.lillyledbetter.com

He said what?!?

“Athletic competition builds character in our boys. We do not need that kind of character in our girls, the women of tomorrow.”

            Whoa! A judge deciding a pre-Title IX case actually said that. We’ll get to him in a little bit.

            In August 1970, Susan Hollander, a sophomore at Hamden High School in Connecticut, started running a mile a day, in preparation for trying out for her school’s track team. The problem? There was no girls track team at her school, so she planned to try out for the boys team.

            When school started, she began training with the boys team. The cross country coach was willing to let her compete, and the boys didn’t seem to mind. But the football coach saw her running with the boys and reported her to the athletic director.

            “The rules are against that. You have to tell her she can’t work out with you,” the athletic director told her coach, Carl Westberg.*

Going the distance

            The Connecticut Interscholastic Athletic Conference (CIAC) got involved and ruled that Susan couldn’t run with the boys. The CIAC had banned co-ed teams, so if a girl wanted to participate in a particular sport and her school didn’t have a girls team, she couldn’t play.

            Fortunately, Susan’s father was a lawyer, and a runner himself. They brought a lawsuit against the Hamden school board. They were joined in the lawsuit by a swimmer at another Connecticut school, Jane Frederickson of Willimantic High School. Their suit was on behalf of all female athletes in the state of Connecticut who wanted to participate in non-contact sports on boys teams.

            The next year, in the spring of 1971, a judge dismissed the suit.

            “The challenge to win and the glory of achievement, at least for many boys, would lose incentive and become nullified,” wrote Judge John Clark Fitzgerald of allowing girls’ participation.**

            Not satisfied with that pronouncement, Judge Fitzgerald continued with the statement that I started my post with, one that has become infamous post-Title IX. 

            “Athletic competition builds character in our boys. We do not need that kind of character in our girls, the women of tomorrow.***

            Eye roll!

No support here

            The lawsuit went on to U.S. District Court in New Haven, this time backed by the American Civil Liberties Union. There, in January 1973, the young athletes won the right to compete.

            Judge Jan O. Newman limited the victory, however. The girls could compete on a boys team only if there wasn’t a comparable team for girls at the school. The ruling was also considered an experiment that was to last just one year. And — get this! — compliance was up to the administration at each school.

            Reaction to the ruling was as breathtakingly tone-deaf as Judge Fitzgerald’s comments.

            “If they want to play on my team, they can shower with my team,” huffed one Connecticut basketball coach.****

            And, instead of supporting the girls, the head of the CIAC’s Girls Athletic Committee trashed them.

            “It’s doubtful that either could be competitive on the same level with the boys,” Arden Curtis sniffed.

            Susan Hollander never benefited from the lawsuit she brought. At the time of the court victory, she was a senior, and her school had added a girls spring track team, which she joined. Even before the victory, she was willing to let the hubbub die down.

            “I don’t particularly enjoy all the attention,” she told the media.† “I just want to be on a team.” 

                                                ___________________________

* Lori Riley, “Changing A Mind-Set That Kept Girls Out Of Track, Cross Country,The Hartford Courant (June 26, 2012).

** Judge’s Ruling Keeps Girl Off Cross Country Team” The Hartford Courant (April 1, 1971), p. 27.

*** Shelley Smith. “Not Quite the Game Intended,” Nike is a Goddess: The History of Women in Sports. Ed. Lissa Smith (New York: Grove Atlantic, 1998), p. 300.

**** Bob Baird, “CIAC Girls’ Activities Head Opposes Coed Competition,” The Bridgeport Post (January 26, 1973), p. 32. Arden Curtis’s quote comes from this article as well.

Hartford Courant, p. 27.

Time for time travel

It’s surprising how little attention Title IX got when it was signed into law in 1972. But a lot was happening that year — both good and bad — so the headlines were claimed by events that buried a seemingly insignificant piece of legislation whose impact wouldn’t be realized for years.

            So, c’mon, hop in the way back machine with me and take a look at what was happening fifty years ago.  

                                                            ******** 

January 5. NASA initiates the space shuttle program. We’re conquering space!

January 25.  Shirley Chisholm, the first Black congresswoman, announces her candidacy for president. Her goal was a “union of the disenfranchised.” 

February 21. President Nixon begins an eight-day trip to China to meet with Mao Zedong. He’s the first president to make an official visit to the Communist country.

March 22. Congress sends the Equal Rights Amendment to the states for ratification. Activist Phyllis Schlafly wages war with her “STOP ERA” campaign.

March 24. “The Godfather” is released in theaters around the country. It’s a hit, to say the least!

April 16. The United States resumes its bombing campaign, targeting the North Vietnamese cities of Hanoi and Haiphong. The Vietnam War rages on.

April 17. Women run officially in the Boston Marathon for the first time. Nina Kuscsik of Huntington, New York, wins with a time of 3 hours, 10 minutes and 26 seconds.

May 15. Alabama Gov. George Wallace is shot and paralyzed at a rally in Maryland. An ardent racist, he had ordered police to shutter the state’s public schools rather than integrate them. On his orders, civil rights activists were attacked by state troopers.

May 26. Nixon and Leonid Brezhnev sign the SALT I treaty and the Anti-Ballistic Missile Treaty, both of which limit weapons systems. We’re trying to get along!

June 14–23. Hurricane Agnes kills 128 people along the East Coast.

June 23. President Nixon signs Title IX, part of the Education Amendments of 1972, into law. This should be big news!

June 23. But also on this day, five men hired by White House officials are arrested for breaking into the offices of the Democratic National Committee at the Watergate complex in Washington, D.C. A scandal is brewing!

July 8. Actress and activist Jane Fonda begins a two-week tour of North Vietnam to protest the war. In an epic optics fail, she sits astride a North Vietnamese anti-aircraft gun for photographers. She gains the nickname “Hanoi Jane.”

July 21. On “Bloody Friday,” nineteen Irish Republican Army bombs explode across Belfast, killing nine and seriously wounding 130 other people. “The Troubles” continue.

July 25. The U.S. admits that Black men were used as guinea pigs in the “Tuskegee Study of Untreated Syphilis in the Negro Male,” beginning in 1932. Consent was never sought and treatment was withheld.   

August 1. Sen. Thomas Eagleton, the Democratic nominee for vice president, withdraws after his treatment and hospitalization for depression becomes known.

August 21. Nixon is nominated at the Republican National Convention in Miami Beach for a second term, along with his running mate Spiro Agnew.

September 1. American chess player Bobby Fischer defeats Russian chess grandmaster Boris Spassky at a match held in Reykjavik, Iceland. He’s the first American chess champion.

September 5. Eleven athletes from the Israeli Olympic team are murdered by the Palestinian terrorist group Black September during the Summer Olympics in Munich, West Germany. Incredibly, Olympic Chairman Avery Brundage says the Games must go on.

October 16. Country singer Loretta Lynn becomes the first female to win the Country Music Association’s Entertainer of the Year award. Chalk it up to “Coal Miner’s Daughter.”

November 7. Nixon defeats McGovern in a landslide election. But Watergate looms as Washington Post reporters Bob Woodward and Carl Bernstein pound away at their typewriters.

November 14. The Dow Jones Industrial Average closes at 1,003.16, the first time the stock index had topped 1,000. We’re in the money!

December 14. Apollo 17 astronauts Eugene Cernan and Harrison Schmitt become the last astronauts to walk on the moon.

December 25. Following the breakdown of peace talks, Nixon begins another bombing campaign against North Vietnam. “The Christmas Bombing” is widely criticized. The war drags on.

  ********

            Those of us who were following the news in the 1970s no doubt remember all of these events. We all wish we could go back in time and erase so much of what happened that year. But Title IX is one highlight of that eventful year that we would never wish to change!

PHOTO: Shirley Chisholm announcing her candidacy for president (Associated Press)

Follow the money

A Title IX battle is brewing at San Diego State University. But the university and the students don’t agree on what the issue is.

            Last year, the university cut the women’s rowing team. It’s rationale? The university has more female athletes than male athletes, so it can’t stay in compliance with Title IX without evening the score.  

            But seventeen female athletes sued the university, saying the issue isn’t about the number of female athletes. It’s about scholarship numbers. They countered that the university isn’t providing an equitable amount of scholarships for women.

            The women’s suit claims that for more than a decade, SDSU has awarded scholarships unequally. Over the past two years, it says, the shortfall has totaled $1.2 million.

            “It is a sad day for the entire SDSU community that we have to sue the university to make it comply with Title IX and provide athletic financial aid equally to women and men,” said Madison Fisk, a former rower.*

What are the rules here?

            The university disagrees that scholarships are the issue.

            “The truth is that SDSU awards approximately 95 percent of all possible scholarships permitted under NCAA rules for both its men’s and women’s teams, with the remaining fraction explained by legitimate reasons within SDSU coaches’ discretion,” the athletic director said.**

            A university can comply with Title IX by providing “substantially proportionate” athletic opportunities that match the gender enrollment. For example, if 50 percent of the student body is female, then roughly 50 percent of athletes should be women.

            But what happens when the numbers don’t match when it comes to men? At SDSU, male enrollment increased from 41.3 percent in 2005 to 44 percent in 2022. Yet in 2019-20, only 37 percent of SDSU’s athletes were men.

            SDSU’s solution was to cut a women’s sport. The rowing team had about 65 participants and offered up to 20 scholarships.

Warning: more numbers ahead

            The women who filed suit include eleven former rowing members and six women from the track and field team who joined the suit in solidarity. Fourteen of the women currently are students, while three have graduated.

            The women aren’t contesting the team’s elimination, only the scholarship awards. From  2010-20, female athletes at SDSU were granted about $2 million more in athletic scholarships than men. But, overall, scholarships have been less per female athlete because of the higher number of female athletes.

            In school year 2019-20, for example, 58.1 percent of athletes (315 women) received just 50.6 percent of the $9.2 million scholarship pool, a deficit of almost $700,000, the lawsuit states.

Is this a first?

            When the women filed suit in February, they claimed that their action represents the first time a woman’s sports team has sought monetary damages from a school for violating Title IX.

            That could be true, but I’m looking into it. The more I learn about Title IX, the more gems I discover from the past. I know, for example, that the first lawsuit seeking compensation in a case of sexual harassment was in 1986. Christine Franklin sought $6 million in damages from the North Gwinnett High School in Suwanee, Georgia, after suffering a teacher’s sexual harassment. The case was settled out of court.

            Whether the San Diego women’s lawsuit is the first, it probably won’t be the last. According to data published by the Department of Education, 31.4 percent of NCAA Division I  athletic departments (109 of 348 schools) failed to meet the “substantially proportionate” standard in 2021.

            Even so, it’s the rare — and courageous — woman who dares to bring a lawsuit against her school.

            “No one goes to college planning to sue their school,” said Arthur Bryant, the women’s attorney. “The lesson of Title IX’s enforcement in 50 years, sadly, is if women want equality, they have to sue. No one else is going to do it.”***

                                                __________________________

* Daniel Libit, “Female rowers sue San Diego State in First Title IX damages claim,” Sportico (February 7, 2022).

** Mark Zeigler, “Female athletes sue San Diego State for alleged Title IX violation, San Diego Union Tribune (February 7, 2022). The NCAA caps the number of total scholarships a school can award per sport.

*** Dan Murphy, “San Diego State athletes band together in Title IX fight: ‘If women want equality, they have to sue’,” ESPN (June 14, 2022).

PHOTO: 2018 San Diego State University women’s rowing team

Why do we put up with it?

For the last few weeks, I’ve been sharing stories of women whose actions expanded Title IX to include sexual harassment and violence as a violation of the law. It got me thinking…

Why don’t we recognize sexual harassment when it happens to us? Why doesn’t it make us angry? Why don’t we all speak up?

I agree with the Yale student who said that sexual harassment is something that we all just expect. Something women just have to deal with. Maybe laugh about it with your girlfriends, roll your eyes, but otherwise let it go. It’s just the way it is.

But it isn’t the way it should be.

Safe in high school…

I got to thinking about my own experiences. In 1972, the year Title IX was enacted, I was entering high school. I knew nothing of the new law. I wasn’t an athletic girl; I was a geeky girl who played the flute and got straight As.

In my school, musical kids and top students were equally split between boys and girls as far as I  could see, no discrimination. If you were the best instrumentalist, you were awarded first chair. If you got the best grades, you were ranked at the top of your class.

I spent my free class periods in the quadrangle of private practice rooms in the music wing. I was perfectly safe there. I had two male band and orchestra teachers. Mr. Thrall was a fatherly gentleman whom we all loved. The other music teacher was a younger man who was also perfectly proper in his dealings with students. I rode in a car with him across New York State to the Catskills and back for all-state band, no problem.

Title IX didn’t seem to apply to me. At least for three years.

… Until…

In my senior year, I was in an accelerated English program that allowed me to choose independent study. I was assigned to a male teacher who was familiar to me from drama club. He was known — known! and we put up with it! — to be handsy and overly familiar with female students.

I don’t remember what path of study I chose, but I remember that he chose one session. He assigned me to read an e.e. cummings poem.

i like my body when it is with your
body. It is so quite new a thing.

Let me just tell you here that I was a very naive girl. I was brought up in a fundamentalist Plymouth Brethren household. It was an insular world that didn’t let in anything from the outside world, especially anything related to sex.

I think that explains my confusion when the teacher asked me what I thought about the poem. What did I think about the last lines?

and possibly i like the thrill
of under me you so quite new.

I don’t remember what I said. Nothing? He went on — maybe that session, maybe another — to ask me about what I and my boyfriend of two years got up to together. Had we… you know… surely by now…

Throughout the year, he would whisper things in my ear. “I’m going to marry you some day,” he’d say. Was that grooming? At the senior prom, he asked me to dance — he, a chaperone — but after graduation, thankfully, that was the end of it. I guess he just went on to the next unsuspecting girl.*

I consider myself fortunate that nothing physical ever happened. It certainly could have. I’ve often wondered whether this teacher got through his career unscathed. Whether he ever faced any consequences for his actions. Whether any girl was brave enough to stand up to him.

Because of this experience, I understand the deep desire to let something invasive go unchallenged. I respect women who pursue recourse, no matter their feelings of humiliation and the cost to themselves of going public. They challenged what we all thought we had to endure — we all just thought it was the way things were. Yet because of the courage of women like these, it’s not the way things have to be.

                                                _________________________

* Unfortunately, that wasn’t my last experience with harassment. There was that Thomson newspaper executive who took me to dinner “to discuss my career advancement.” It wasn’t my career he had an interest in. 

PHOTO: e.e. cummings

Harassment? What harassment?

In my last post, I introduced you to Christine Franklin, whose Title IX lawsuit expanded  the gender equality law to cover sexual  harassment. Although hers was the first successful such lawsuit,  it wasn’t the first.

            Five classmates at Yale University have that honor. In 1977, Ronni Alexander, Margery Reifler, Pamela Price, Lisa Stone and Ann Olivarius sued the university claiming sexual harassment.

            The women didn’t want money — their suit didn’t ask for damages. They merely wanted the university to implement an effective way of addressing sexual harassment and assault. Yale had admitted women eleven years earlier, in 1968, yet their well-being wasn’t being protected.

            The women’s complaints are familiar to almost every female on the planet. Ronni and Margery said they’d been physically harassed by a music teacher and a hockey coach. Pamela said she’d been the victim of what today is called quid pro quo harassment — a political science teacher offered good grades in exchange for sex. Lisa said an English professor had propositioned her and Ann Olivarius said she’d been threatened for helping fellow students pursue complaints.

Five women, five stories

            The details of the complaints were ugly. Ronni was studying music and taking private flute lessons from Keith Brion. He began locking the door of the lesson room, eventually touching and fondling her. One day, after she had bumped her head on a door frame and suffered a concussion, he offered her a ride home, but instead he took her to his apartment and raped her. He forced her into sex a second time on another day.

            Ronni told no one, believing it was her fault somehow. But when she quit music in her sophomore year, she began hearing from other women who quit their music studies. “Oh, me too,” the women would say, with a knowing glance.*

            Margery was manager of Yale’s hockey team. One day, Coach Richard Kentwell grabbed her and began fondling and kissing her. She fled. After this happened a few more times, she quit the team.

            Pamela Price said that her international relations professor, Raymond Duvall, demanded sex in return for a good grade on a paper. “Do I really, really want the A?” she says he began. When she refused, she got a C on the paper and in the course.**

            Lisa also took lessons from Brion, and she arrived one day to find him undressing in the lesson room. She also gave up the flute. Two years later, she was talking with poetry professor Michael Cooke in his office. He put a hand on her knee and suggested making love to her. She fled the room.

            Ann didn’t have her own complaint, but she’d heard plenty of women’s stories. She was incensed that they had no way of seeking justice.

Their point is made

            The women filed suit as Alexander v. Yale University. For daring to speak out, they faced hostility, even from women.

            “There was some sense that the women in the lawsuit were whining about issues they should have expected to face,” said student Betsy Scarf. “We all faced them: before Yale, at Yale, after Yale.”***

            In the end, all but Pamela’s case was thrown out. In a pre-trial hearing, magistrates said Ronni’s and Margery’s cases were moot, because they’d graduated. They said Lisa and Ann had not directly suffered harassment — there was no concept then of a hostile workplace — so they could not sue.

            In Pamela’s case, the courts ruled that she had not proved the quid pro quo deal. “I knew what that was about,” she said. “As an African American woman, I could not say that this white man had done this to me and be believed.”****

            The women all went on to have successful lives and careers. Despite the defeat, they’d made their point. They’d stood up to a powerful university.

            “We attend college to study, not to be playthings or sex objects for male faculty members,” said Phyllis Crocker, then of the grievance committee of the Yale Undergraduate Women’s Caucus.*****

            Sadly, sexual harassment and violence still occurs on college campuses, but thanks to these five women, it is now recognized — and can be addressed — as discrimination under Title IX.  

                                                __________________________

* Nicole Allen, “To Break the Silence,” senior thesis on Alexander  v. Yale University (New Haven, Conn.: Yale, 2009).

** “To Break,” p. 4.

*** “To Break,” p. 6.

**** “To Break,” p. 6.

***** Excerpts, Alexander v. Yale: Collected Documents from the Yale Undergraduate Women’s Caucus and Grievance Committee (New Haven, Conn.: Yale University, 1978), p. 19.

Photo: Ronnie Alexander, Ann Olivarius, Pamela Price

Happy 50th Anniversary, Title IX!

Today’s the day! Fifty years ago today, President Nixon signed Title IX into law. Let’s step back in time and see what reaction to the proposed law was like in its early days.

The good

“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 education program or activity receiving Federal financial assistance.” — Title IX

“My mail tells me it is the most important subject in the United States today.” — Caspar Weinberger, director of the Office of Management and Budget (1972-73).

The bad

“A girl just can’t do those things and still be a lady.” — a sportswriter of the day, referring to vigorous sports like basketball and baseball.

“Athletic competition builds character in our boys. We do not need that kind of character in our girls, the women of tomorrow.” — John Clark Fitzgerald, a Connecticut judge ruling against allowing a high school girl to be on a cross-country team.

“Impending doom is around  the corner if these regulations are implemented.” — NCAA director Walter Byers.

“If this passes, you are going to have male stewards.” — a male House member, speaking of airline flight attendants.

“I would have had much more fun playing college football if it had been integrated.” — Sen. Peter Dominick (R-CO), joking about Title IX’s impact on sports.

“I’m all for women’s athletics, but if we had to split our budget it would bankrupt us.” —University of Alabama football coach Bear Bryant.

“The Federal Government’s ever‐expanding role in the affairs of American higher education has struck home. And I am not happy about it.” — Fred C. Davison, a New York Times writer who supported exempting revenue-producing sports like football from Title IX compliance.

The truth

“We are all familiar with the stereotype of women as pretty things who go to college to find a husband, go on the graduate school because they want a more interesting husband, and finally marry, have children, and never work again. The desire of many schools not to waste a ‘man’s place’ on a woman stems from such stereotyped notions. But the facts absolutely contradict these myths about the ‘weaker sex’ and it is time to change our operating assumptions.” — Sen. Birch Bayh (D-IN), Senate sponsor of Title IX.

“The truth is that all our problems stem from the same sex-based myths. We may appear before you as white radicals or the middle-aged middle class or black soul sisters, but we are all sisters in fighting against these outdated myths.” — activist and feminist Gloria Steinem.

“Women have not been encouraged to participate in athletics at least partly because the traits associated with athletic excellence — achievement, self-confidence, aggressiveness, leadership, strength, swiftness — are often seen as being in contradiction with the role of women.” — Margaret Dunkle, whose research helped set the groundwork for Title IX.

“My research was much better than my badminton volley!” — Bernice “Bunny” Sandler, the “Godmother of Title IX,” on her efforts to collect data and anecdotes illustrating the need for gender equality laws.

“All I want and all I ask is that if two individuals, a man and a woman, come to a college or university and they have equal credentials and apply for admissions, that they shall be treated as equals.” — Rep. Edith Green (D-OR), who co-wrote Title IX.

“Millions of women pay taxes into the Federal treasury and we collectively resent that these funds should be used for the support of institutions to which we are denied equal access.” — Rep. Patsy Mink (D-HI), Title IX co-sponsor.

“There were only 27 of us but we were a talky bunch.” — a female lobbyist, about efforts to gain approval for Title IX in the House.

“To create trench warfare between men and women is terrible. If it happens, women will be blamed, and they don’t have to be. The idea is to comply without being retaliatory.” — Olympic swimmer, sports broadcaster and sports activist Donna de Varona, on how collegiate athletic budgets could be fairly apportioned under Title IX rules.

The future

“Unfortunately, certain restrictions placed in the law by the Congress mean that we will not be able to realize fully our principles of equity. But as confidence develops in the new programs, we look forward in the near future to having a set of Federal student assistance programs devoted to the goal of equalizing opportunities for all.” — President Nixon on signing the Education Amendments of 1972 into law (but making no mention of Title IX).