THE CALIFORNIA STATE UNIVERSITY Office of the C&neeIlor

400 Golden Shore Long Be* Crtitomt m - 4 3 7 5

( S O ) 985.2862

Data: Febnaary 8,1994 I: ...:, -~CECE p-z-.., --.- -..,;;: $a&€$ To:

hm:

Subject: Consent Deaee between 6SU and CBt-NOW regarding E q d Oppommity in Intercollegiate Athletics for Women Students

With the support of the Executive Council, the California State University entered into an agreement October 15,1993, with the California National Organization for Women C'CAL-NOW") to settle pending Iitigation regarding equal athletics oppoxtunity for women in the CSU. The agreement is recorded in a consent deuee filed in and endorsed by the San Francisco County Superior Court. A copy of the decree is attached.

A seven-member committee of presidents has been appointed as stipulated in the deaee to monitor compliance with the agreement between CSU and CAL-NOW. Chaired by John Welty of Fremo, the committee also Include Presidents Amiibna, Day, Detweiler, Handel Evans, Gordon and Rees. The consent decree mpdms each campus immediately and continuously to make progress toward achieving equity in its campus intercollegiate athletic programs, in line with the following:

a Not later than academic year 1998-99, the propofion of women intercollegiate athletics partiapants among all such participants will reflect within &ve percentage points the propotion of women among all NCAA-eligible undergraduates at each campus.

b. Not later than academic year 1998-99, campus expenditures for women's athletics programs as a part of total athletics expenditures will reflect within ten percentage points the proportion of women among all NU-e l ig ib le undergraduates at each campus. Allowances may be made for differences in the cost of various athletic programs such as, but not limited to, football.

Distribution: Vice Presidents, Academic Affairs Chairs, Campus Academic Senares Vice Presidents/Deans, Student Affairs \ N W FacuItv Representatives Vie Presidents, Administration Directors of Athletics Title IX/EducationaI Equity Coordinators Deans, Undergraduate Studies Presidents, Associated Students Deans/Duectors, Admissions and Records Chancellor's Office Staff Directors, Institutional Research

c Not later than academic year 1998-99, each c a m p pmviding athletic grants-in- aid/xhoh&ips, wil l provide such aid for women's athletics in a proportion which raflects within five percentage points the proportion of women among a l l NCAA- eligible undeqpduates at the campus.

Immediate Actions Neccssug

The CSU is required to begin the following immediately in order to achieve the above identified targets.

a. Beginning with the 1994-95 academic year, conduct a biennial survey of interest in participating in intercollegiate athletics at each campus by both current and prospeaive students from California;

b. Develop a procedure for recording requests made by currently enrolled and prospective students from California for opportunities to compete in spedfic sports at a specific campus;

c Advertise in campus publications, promotional and recruiting materials, the campus commitment to providtng e c p l athletic opportunities to women;

d. Document by sport the number of b l e athletes in community college and high school athletic programs in California; and

e. Monitor compliance with a l l of the above through the sevq-member presidential committee named earlier. This committee is to report, beghning with the 1%95 academic year, their finding to the Chairman of the Board of Trustees, the Chancellor, the W General Counsel, and CAL-NWs attorneys.

Once compliance with the target percentager for partidpation, funding, and grants-in-aid stipulated by the consent decree have been met by a campus, no further interest surveys ~ r - ~ r t p a& necessary from that campus. If a &pus unabk to comply by 1998-h, the decree provides for a campus report describing activities taken to comply and reasons for being unable to comply.

The monitoring committee met on January 19,1994, with CSU General Counsel and has begun its work of monitoring and complying with pmvisions of the consent decree. This work includes helping cam- d&e the NCAA-eIigible population and deveIopment of the means for measuring compliance and assessing the intetest of students.

Through work with system staff, the monitoring committee will issue recommendations in the corning weeks which will enable the CSU to implement the tenns of the aneernent in such a way as to report comparable information &d data at each campus a& for the entire CSU system. The information in this memorandum is provided so that campuses can begin planning for the necessary surveys, publications, and reports.

Questions from presidents regarding compliance with the conskt decree may be referred to Dr. Wdty at 278-2324 or to committee staff Mr. Kenneth A. Simms at 609) 278- 695 1.

Attachment

FERNANDO C. O O M a JESSICA K. FRAZlW (1106153) CALEORNIA STATE UMYERSrrY OFFICE OF GENERAL COUNSEL 400OddeDS&ue,Suilo350 Long BeYh, winnia 908m-4ns Telephane: 010) 9a-2901

IESSICA S. PERS (171740) MICHAEL K. PtlBMCK (1133869) ANTHONY J. JUSTMAN (1165606) HELLER, .FR, .wKrn&

MCAULIEFE 333 Busb Strat San Francisco, Californit 94104-287 Telephone: (415) 772dMO

ATTACI~MENT AA 94-05

J. KLRK BOYD (1122759) JARED W. HUFFMAN (1148669) DAVID H. WlLUMdS (13144479) RUTH M. BERKOWrrZ (X160031) BOYD. HUFFMAN k WULIAMS 55 Franckc0 Stzw, Suite 550 Siln F h , Wornk 94133

DONN P. PI= ( m 7 ) ICRETlN M. CAPPEL (1139006) M w , DOYLE, BROWN & ENERSEN

' I h r a t E m ~ c c n t c r San F d w , Wfomia 941 1 1 Telephone: (415) 393-2000 1

Atlornqys for Defendants Bead Attorneys for Plaintiffs California of Trustcu of the Califomit State National Organhiion for Womar, University and Chanallor Bany Munia Elizabeth Toledo and Linda J o p h I

I SUPERIOR COURT OF THE STATE OF CALIFORNU I ENDORSED , I

F I L % D 1 OF S!l PC- CUWh pl- I

OCT 2 0 1993 I

~ O R N X A NATIONAL ) h NO. 949207 ALAN CARLSON, Clefk ORGANIZATION FOR W O W , as an ) :.. CVMTW4 8 ~+%RL)ERT

orgdatioa, MWO, ) CONSENTDEUEE~" wpcltl u u n 1

LINDA JOPLIN, as California taxpayen, ) I

1 THEBOARDOFTRUSTEE!SOFTHE ) CALKFORNU STATE UNIVERSITY, ) BARRY MUNITL, as Chandor of the ) California Slate University System, and ) Does 1-20, 1

Thc pYda to this Consent Decree: an, on the oac hand, the California

National Organhim fot Women. Linda loplin Yrd ninkrh Toledo (coUdvdy, 'CAL-

NOW), and, on the othu hand, the Board of TNsiea of the California Stvc University Yuf

Chamcbr Barry M u n k (~~Ilectivety 'CSU'). W N O W and CSU yc Rftrrrd to be&

Y *rhe Parties..

On or about Feb~ary 3. 1993. CAL-NOW Ned this d m against CSU.

CAL-NOW and CSU now wish to compromise and moIvc thdr differems and bminac

the Aerion between themselves and on behalf of all pus~u they nprcsmt.

NOW, TIEREFORE, the Parties hueto agree a foUows:

1. CAL-NOW has aliegcd that CSU has v i o M thc Califomhi E d d a n

Code g# 89240-89241 and the eqwl protection provkbm of the

California Constitution by diiminating against w o w zhrdcnts in the

canduct of intamUcgiate dctics. CSU, its campuses, bunces,

nprcsentativ~, present and former dtccton, employees, agmts.

attorneys, affiliates, succcvon and assigns u p d y deny that they

have violated California Education Code j# 89240-89241, the cqml

protaxion provisions of the California Coputihtion, or any othr law or

xcgulaion.

2. it is understood, and made an cxplii part of this w e n t h i t rhiz

settlement is a compromise of dkptcd claims and arguments, and that

the promises made herein, md the amideration to be furnished, do not

constitute an admission of misfe-, wrongdoing or liability by a

pason or entity. No a s p of tbis as or valunent 8n be used or

maul Occm

mfencd to in any way in any olhu litigation against the CSZ

Um CSU firn nises th. rmner in sucb titigarion.

3. Lochhg pmrpeaivety, and wishing to wrrr that all poyt1,lc &ON

ye mnh to icrxlmmodw: women's interest in participating in a a m p

inmmdlcg& athluic pmgnm, the CSU commits that it

i m e y ad coatkrwusty make p m v toward achieving equity in

iu campus intercollegiate athletic pmg~;lmt, in tine with the following:

a. Not kur than thc 1998-99 academic year, each CSU campus

which ha an N U intcrcoilcgiate athletic program shall

include women participants as a podon of all vhlera in thc

program reported to the NCM in a perantage that is within 5

percentage poinu of the persentage that NCMciipible wompr

uadupnduatcs arc of the total NCMzfigible undapnduva

enrolled in ttru campus (Ee. if 50% of the NCAAdgible

undupndua@ at a campus arc women, then male putidpanu

may comprise no more than 55% of the athletic positions at that

ampus).

b. Not krcr than the 1998-99 aculanic year, each CSU ampus . which ha an NCAA i n ~ l l e g L l e athletic program shall

provide Punds, including Generrl Fund monies, for upcdn~

in womm's s p o ~ (iincluding but not limited to tavim,

nauitmat, h l v d budget, praatjce uld comperitive uhaiuling,

publicity. and locker rooms) as a ponion of upcnditrua in thc

tMpl NCM intercollegiate athletics programs in a pcrcPltage

tht is within 10 pumtagc points of the purntage thu

NU-eligible womea undergraduates arc of the twl NCM-

eligible undcqndutr enrolled at thu c a m p . exapt that

allrvwylcct may be mYlt for thc differences in thc cast of

wiour athletic pmgnmr, sudr as, but not limircd &, its

foocb;lll pmgmls.

c. Not lvrr thvr 1998-99 amdedc year each CSU ampus which

bas 111 NCAA intercollegiate athlerics propm tbu o f h

grants-in-aid, including scholarships, s M 1 prcvi& grants-

in-aid for 111 women's athietics as a portion of the total gnnu-

in-aid in al l spocts in the N C M intercollegiate athletics

p m p m in a paceatage that is within 5 pauatage points of the

perwitage thu NCM Jigiblc women undcrgnduucs ;uc of the

toPl NCAAJigible undcrgnduatrs m l l c d at the ounpus.

4. CSU shall immedivJy commena thc impicmur& of r& foilowinp:

a. ~ h i o g with the 1994-95 audcmic yew, eonduo a b i d

W C y of thc in M ~ p z f i n g in in- UhlcdCS

of ad campus nudart body and of proqcuivc mdaur from

the State of Wfomn

b, develop a pmadw for recording rcqueus made by nmently

~uolled students or by prospective studcnu horn thc Stare of

California for oppormnirict to compete in a spxific sport at a

rpsific campus;

c. dvaivc in campus publications, promorional and r c a ~

merhls. the campus wmmitment to providing equal ;1Wctic

oppomnilia to women;

6 docmeat by sport thc number of fermie atbkcs in community

allege and high rhOd athletic progranu in the Shk: of

c a l i f o ~ and

c &is mrrrpliance effon dull be rnonitod by a npmtative

mmrnittoe of seven (7) CSU Presidents who shall biurnially

rrport, beginning with the 1994-95 academic year. such findings

to the Chairman of the Board of Trustcts, the Qunallor, tbc

G a r d Counzcl, and to CAL-NOW'S attorneys.

5. When a CSU ampus complies with Section 3 of this Consent Decnr.

it hu m fintI~et oblipztions under Section 4.

6. If a CSU campus it unable to achieve the crituk spedficd in Scuion

3, described above, it will prepue and publish a rcpon vming forth (i)

m i y include, but is not limited to. a description of the efforts

undertaka pursuant to Saction 4, and rhc data compiled by &or

efforts. Ihe prrpvation of a rcpon iuelf is not a defense. Ruha, r n x

defense shall be adjudged b a d on the information conPinai in the

report and any and at1 other rel~ant information.

7. . By Odokr 22, 1993, CAL-NOW will ruummaad to he Californk

k g i s h l m rhzt u cease cOnddaui00 of all puldiig I+*

concudtng the gender composition of CSU's rthfctic prugxam~,

including, but not limited to, Satate Bi 262.

8. As put of this Conscat Ikst, as an inducunent to sdma& in

order to eliminatq the n&d for fufikr c d y litigation, CSU to

pay CAL-NOW'S fair and nrzonabk ?nomcysl fea . Eacb party shall

bctr its own cosu.

9. The Pardez waive all claims for mas and aaorneys' ftes pertaining to

this Action, and to those actions rcfercnad in Section 13, uccpt thov

to which the parties uprcssly a g ~ ~ in writing. -

10. Promptly u p l n execution of this Consent Ikcrce, CAL-NOW will

dismiss the Action with prejudice CAL-NOW, as an or@zatio1], its

affrliatcs. successors and assigns, he CAL-NOW board of dkaors an<

the CAL-NOW Executive Commin&, aovartnt and agrre neva to

commara, pmyclltr, or cute, permit, acounpe, suppoxt or advise

t o k c o m o r p r o d r g ; l i n n C i U o r k e u n ~ , euuca, r r p ~ a I i v c s , prrsent and former l i i i ~ z , employees, agents,

utorncys, affiliialc;r, succt~on and assigns, my action or p d i n g

. based upon any claims, demul4 causes of action, obligations,

damages or liabiitiez of any name whafmcver, whether or now

known. suqrccted or claimed, tht it may have had or may now have o

claim to have, involving Cafifornia Education Codc 80 89240.89242

and any subsequent amendinmu rhaero, the equal proteaion &use of

the California Constitution. urd 20 U.S.C. 8 1681 and its applicable

xzgulatiom,aMuaoalyknmnis'litkIX,andanyothcl:mhk

other wthority allowing or permining challenges to lhc -on

ofahlaiaat CSU on the p o d s that the gender equity kwsmay

have bccn violued.

11. Erfipmyhurtorcpr~~ntsudan,mantstotheo(htrthtitwill

u n d e m k c t h e o b t i g i t i ~ ~ u l f a r r h m ~ C o n ~ e n t ~ h t h u a a o n

good faith, andthateachwilldeal fairly with tfieothcrandwincwu:

II] officers, dimma, agenu, servants and employees to m b m x the

terms of this Consent D a n e in good faith and to p u f o n he

commitments u p r d in this Consent Decrtc to the fullat extat

poonile. CSU rrcognizcs mat its women student-&fetes ut entitled to

d v e rthletic support at a level compvable to that received by mar

shldtnt athletes.

12. For good and valuable consideration, CSU and CAL-NOW, as an

oganizadon, the CAL-NOW board of directors and the CAL-NOW

Ezccutive Committee, and each of them, on behalf of thunulva, rhdr

&Iiates, sucxesora and assigns, h e b y fully and f o m a rele~u,

q u i t and discharge ca& aha, sqpntdy and colt&tively, and their . e v e pntenr and forma dinxxon, trustees, campuses, yenu,

affiliatcr, accessom and asigns, from any and all liability, claims,

demands, d o n s , causes of action and rights of any kind, known or

unknown, whicb may uin by reason of any rights that the Putia cva

bad, now bave, or may have against each otha as of the ef fdvc dzrc

of this Consurr Iknr, d n g to Wiomia Education Code 00

89240.89242 and any subsequal amendments thurto, the equal

prowdon clause of the California Constitution, and 20 U.S.C. j 1681

a d i u applicabk reguiuiom, commonly known as Title M, and ray

olber uuutory or ocher authority ailowing or pcnniaing cfr;rilenger to

thuadfwumm . . 'onof;lrht&uCSUonihegro~LhUthr:gcnder

equity laws may have kcn violad, uccpt for fhc righu and

obligations uprcuty aeatal by titis Conscat Dcuu.

13. By Oculber 29, 1993, c o d for CAL-NOW shaU remmmatd ibu

plainriffs in . . -, Santa Clan Superior Court Case No. 728 5411

dismiss such action wirh prcjudia. Further, CAL-NOW'S counsel

;rgnu to rsommend to plaintiffs in the case of Lfpwlctt m, Oraap County Supcrior Court Case No. 680299, !hat the wnvnt

~ e n t c r c d ~dnbediivedmddiunissedandthatthit Cwwnt

Decrrt urpcnede it, and that thc case k d i s m i d with prejudice.

Furthe, by Octokr 29, 1993, CU-NOW'S awnstl shall endeavor to

@lion the Coun to effsblue the above-dacrikd dkf. If- - u not d i i . Cllifomia State University-Fulluron shall

not be governcd by this CohMt

14. nte Panis. having a g d to s d e thit diffacnc~ as pmvidal in this

CO-t ~kacc, mutuzlly acit othrr from Jlims, auu;r;lf

d o n , demands and liabilities existing, or which might uin in titis

Action, up until UIC &tr: of this Conseal Ibe Rrtiet, bdng

familiar with California Civil Codc j U42, henby rrlcaw and waive

their righu under nid seaion. California Civil Codes j 1542 provides:

A general release docs not cxtcnd to claims whicb

the editor does not know or arzpca to &st in

his favor at the time of executing the d e ~ ,

which if known by him must have materially

; i f f d his reat- witb the ddlcor.

1 ThtRrti~~hnvebcatrcp-udbyawurvfofeown-gin

thtfICg0tkdo~and pXTpWUh0f t h k h ~ t w, d c a f b p y c y

bY p.nicipad thmugh cwuuel ia the h : g of this C o r t ~ t DeEnc

Cowqumtly, the doarine of mnmuiDg an agreement against the

ctrafting pvry rhail not apply to this Consent Ikcrcc, and no prny

hueto has any rights under such docnine. Thc Parties further

represent that they have read this Consent Decree and that they fully

understand ils intent and legal effect.

16. hch individual signing this Consent Decnc, on behalf of any

aqmition, organization or legal cntity, wyrurls and rrprexau thu

beor she hastheauuthority tousuterhc Consent D c u u on W f of

rucfi other person or entity.

17. The Pvties to this Consent Decree acknowledge and rcpnrtnt Uut no

promise or iodwwnw not u p r d in this Convnt Daxe has km

n u d e i n d o 1 1 w i t b ~ ~ e a l c m ~ 1 t a n d ~ u n u l ~ e n c n l -

Thir Consent Decrtt rqrrescnts the sole and entire agrcunent among

thc Rrties, and supersedes all prior agreements, negotiations,

stipufuions and discussions among them with respect to the subject

m a w covered hueby. Any amendment to this Consent Ikcnr must

be in miting and signed by the auLhorbd nprescatativa of the

&tics.

18, If any &an, awuwc, condition or pmvision of this -t Dcaoe is

hrld to be invalid, void or unenfodlc . Ihc d g pmvirioar

shall remain in full force a d effea

19. No provision of this Consent Daxcs shall affect Ihc Rnics' right to

bring an aftion to arforrr the termr of this Consmt Daxs Yldlor

rccova damages for breach of this conseat DaJDc

20. Cmsmt ksree bas BCM a e h ~ ( & a in the State of California and

stull be inccrpnted and rnforuri under Cltifomia Law.

21. in the event a dispute arises amcaning rhe interpretation of or

compliance with this Consat Decnr. the M u $ball mat and confa

in an effort to motve any such d i i t a . In the event that the Partics

am unable to reach a mutually acaprabk solutioa, this Court zhll

retain jurisdiction over any such dispuk The Cwri shall rrtzia

jurisdiction until such time as the Consent Daxre u p i m whicfi the

Partics a g i u will be June 30, 1999.

22. This Corrvnt Dearc m y be executed m counterpaas, any ow of

which, W y uccutcd, shall mnstitutr la orieinal agr&mcnt ~urrhh,

to facilitate the execution of this CoaMt Decree, thc Panics bereto

agree that a huimilc copy of a signature to this Consent Daxs shall

constitute, serve as, and be as good as an original to the C o m t

Dacnt for all purposes.

lN WTl2E.S WHEREOF, the unhigned h v e executed this Consent Dccrrr

on rhe datc(s) indicucd.

IN WITNESS WHEREOF, the undersigned have uracuted this Cons .

on the dads) indiatcd.

Dwt: Oad# 2 , 1 9 9 3 California National Organization for Woam

Date: October-, 1993 Uizabeth Toledo

Due: Oaoks -, 1993 B o d of Tmtces of California Shte Univadty

By: bthony Vim chairman

Due: Oaobas-, 1993 Munitz

Z & o r

APPROVED AS TO FORM:

Dwt: Oaober 1993 Boyd, Huffman & W i l l i

IN WR'NESS WHEREOF, ihe undersigned have ucculed chis C-' Deer:

on the duefs) indicued.

D;lte: OMbcr 2. 1993 Cltiforni;r Nuiolul Organindon for ~ o m e a

Date October,,, 1993

Date: Oaober &, 1993

Dar~: Octoba -, 1993 Board of Tnrncts of California S w Univ&ty

By: Anthony Vim cbaimun

Duc: OMkr -, 1993 Munta

%r

APPROVED AS TO FORM:

Dare: Oaoba -, 1993

By:

Aaarneys or Pkintiffs '- "rd

Z \

IN WITNESS WHEREOF. the undersigned have cxsu ia l this Consea.

Dare: Oaobu A, 1993

Date: OctObet -. 1993

APPROVED AS TO FORM:

Ctliforaia Nationat Organizarion for Womclr

Elizabeth Toledo

Boyd. Huff- & Williams

By: I

Z I

Data: October - 'f, 1993

Diue: Oaoba: 15,1993

/ Date: October 1993 -I

McCutchen. Doyk, Brown & En-

By:

0- of CeMiil Counsel for the Board of Tnutcer

By:

Anomeys fo; Defendants

By: M d-4; . - P ? Pl~mac AtlMaeys for Defendants

IT IS S O ORDERED.

RAYMOND J. ARfiTA, JR. Presiding judge -

Supnor Court Judge