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Simpson Thacher Wins Appeal on Behalf of Female Student-Athletes in a Title IX Action
04.05.22
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On April 4, 2022, Simpson Thacher, in partnership with the ACLU of Hawaii and Legal Aid at Work, successfully won a pro bono appeal in a Title IX action on behalf of female student-athletes at Hawaii’s largest high school, James Campbell High School. A three-judge panel of the Ninth Circuit Court of Appeals unanimously overturned the district court’s decision, finding that the district court’s failure to certify the proposed class, which exceeded well over 300 current students as well as future female student-athletes, constituted an abuse of discretion. The Ninth Circuit also held that the female athletes’ claim for class-wide retaliation could proceed, recognizing the chilling effect that retaliatory actions have throughout the high school. The Firm, along with the ACLU of Hawaii and Legal Aid at Work, seeks declaratory and injunctive relief against the Hawaii Department of Education and the Oahu Interscholastic Association based on allegations of systemic discrimination and gender inequities for female student-athletes as well as retaliation against those student-athletes who advocated for equity.
The Simpson Thacher team advising on the appeal included Buzz Frahn, Jayma Meyer and David Balme.
The victory was covered in several publications, including Bloomberg Law, Law360, Maui Now and KHON2 (subscription required).