BETHUNE-COOKMAN COLLEGE VS KIMBRO A CASE OF HARASSMENT OF A FEMALE COACH

SENARIO Ms. H. Kimbro was hired to develop the first women’s sport team (basketball) at Bethune-Cookman College in Daytona Beach, Fl. In order to be in compliance with Title IX (which the school was not), they hired Ms. Kimbro as a Physical Education faculty and to also put together a women’s basketball team. When the team was developed, Ms. Kimbro began to have trouble with the Athletic Director and Head Football Coach when she demanded space to practice, new uniforms, per diem for meals when traveling and other accommodations. The Head football Coach along with his staff began to call Ms. Kimbro a derogative name and refuse to speak to her and on one occasion sent an Assistant Coach to harass Ms. Kimbro in her office. Ms. Kimbro felt threaten by the Athletic Director and went over his head directly to the President’s Office. After speaking to the President, the harassment escalated. Ms. Kimbro was fired and soon after filed a suit based on two points. The first was a hostile environment of harassments and the second the school’s refusal to be in compliance with Title IX.

Communities for Equity v. Michigan High School Athletic Association The district court found that Michigan High Schools had inequitable resources for the girls athletic teams versus the boys program. The Sixth Circuit later affirmed with regard to the equal protection claim. The plaintiff counsel argued that at institution in question that inequitable resources existed and the school stood in violation of Title IX.

NCAA 3 PRONG TEST Dr. Mary McLeod Bethune Policy Clarification January 16, 1996: OCR issues clarifications of three-part “Effective Accommodation Test” According to the Policy Clarification from the OCR and the Three-Prong Test of the NCAA, we argue that Bethune-Cookman University did not have the sufficient time to show: History of Progress Proportionality Accommodation

SUMMARY OF DECISION The Supreme Court decision on Bethune-Cookman College vs Kimbro was in favor of Ms. H. Kimbro citing that from the time frame that Title IX was passed in 1972 and full compliance was expected by 1977, the school hired Ms. Hamilton in 1975 with documents that showed the institution was not intending to be in full compliance by their actions. Therefore Ms. Kimbro was awarded punitive damages for the harassment and hostile environment she endured during her employment with the institution. She will be award $2.5 Million.

GRADUATE LEVEL AND REQUIREMENTS LAW PROJECT GRADUATE LEVEL AND REQUIREMENTS

LAW PROJECT REQUIREMENTS Presentation: should have 6 slides. Cover Introduction of scenario Case one to support argument Case two to support argument Summary of judgement Students are to liberally use pictures to enhance Students to dress for being in a courtroom. Rubric will be available soon.