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AAUP Signs Brief in Title IX Case
By Gwendolyn Bradley
In August, the Association joined a variety of coaching associations in signing onto an amicus brief written by the National Education Association in the U.S. Supreme Court case of Jackson v. Birmingham Board of Education. At issue in this case is whether Title IX of the Education Amendments, which prohibits discrimination in federally assisted education programs and activities, allows for a lawsuit alleging that a complaint about a violation of Title IX had resulted in purposeful retaliation. The petition was filed by Roderick Jackson, a high school basketball coach who was removed from his position, allegedly in retaliation for complaining about his all-girl team having been denied equal funding and access to sports facilities and equipment.
The case raises the questions whether someone who complains about sex discrimination but is not a direct victim of it can bring a suit under Title IX and whether retaliation violates Title IX. The brief argues that the enforcement of Title IX would be seriously compromised if educators, who play an essential role in enforcing it, could be subjected to retaliation without redress when they seek to correct perceived violations of the law. It further argues that Congress's intent that Title IX "provide individual citizens effective protection" would be undermined if educators were not protected from retaliation for raising concerns.
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