in the united states district court for the western ... · case 7:17-cv-00083-raj document 6 filed...

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

MIDLAND-ODESSA DIVISION TOMMY RAMOS, ) NO. MO-17-CV-83-RAJ KIANI TELLES, ) ELIZABETH CHASTAIN, and ) CRYSTINE KISTNER, )

) Plaintiffs, ) ) COMPLAINT FOR v. ) DECLARATORY RELIEF ) AND INJUNCTIVE RELIEF MIDLAND COLLEGE, ) FOR VIOLATIONS ) OF TITLE IX ) ) Defendant. )

FIRST AMENDED COMPLAINT Pursuant to Fed. R. Civil P. 15(a)(1)(B), Plaintiffs Tommy Ramos (“Ramos”), Kiani Telles

(“Telles”), Elizabeth Chastain (“Chastain”), and Crystine Kistner (“Kistner”) complain of

Defendant Midland College, as follows:

I. INTRODUCTION

1. This Complaint is filed pursuant to Title IX of the Education Amendments of 1972, 20

U.S.C. § 1681 et. seq. (“Title IX”), and the regulations and policies promulgated thereunder, see

34 C.F.R. § 106 et. seq. Title IX prohibits discrimination on the basis of sex in federally funded

education programs and activities, including athletics.

2. Ramos is the long-time softball coach at Midland College. For years, he has guided and

supported hundreds of young women pursuing their education and athletic goals at the school,

which he loves. But for these same many years he has noticed a yawning disparity in the type and

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quality of facilities Midland College provides to its baseball team, which is entirely male,

compared to what it provides its softball team, which is entirely female. This disparity is obvious

to anyone with knowledge of Midland College athletic programs. Ramos has complained about

these disparities on numerous occasions, in the context of Title IX specifically, to Midland College

officials. The school has never made meaningful attempts to redress the inequitable situation.

Telles, Chastain, and Kistner played softball for Ramos at Midland College in the Spring of 2017

as freshmen, and each plans on playing softball for Midland College in 2018 as sophomores.

II. JURISDICTION AND VENUE

3. This action arises under the Constitution and the civil rights laws of the United States,

therefore jurisdiction is conferred by 28 U.S.C. §§ 1331 and 1343(a)(4).

4. Plaintiffs’ claims for declaratory and injunctive relief are authorized by 28 U.S.C. §§

2201 and 2202, and Plaintiffs’ claim pertaining to sex discrimination is authorized by 20 U.S.C. §

1681 et. seq. Cannon v. University of Chicago, 441 U.S. 677 (1979).

5. Venue is proper in the Western District of Texas pursuant to 28 U.S.C. § 1391(b),

because all of the events or omissions giving rise to Ramos’s claims occurred in this judicial

district.

III. PARTIES

Plaintiffs

6. Ramos is a resident of Ector County, Texas. Telles, Chastain and Kistner hail from

various places around the country, but attend school at Midland College, which is located in the

Western District of Texas.


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Defendant

7. Midland College is a public educational institution, an independent “junior college”

primarily, located in Midland, Texas.

IV. STATEMENT OF FACTS

8. Plaintiffs incorporate all the preceding paragraphs, including the allegations in the

Introduction, as if they were fully set forth.

9. Midland College receives federal financial assistance and is therefore prohibited from

discriminating on the basis of sex by Title IX.

10. Midland College has a history and continuing practice of maintaining significant

disparities in the provision of softball facilities, publicity and amenities when compared to the

standard of quality provided for Midland College’s baseball facilities, publicity, and amenities.

11. Utilizing the guidelines set forth in 34 C.F.R. § 106.41, the following significant

disparities in accommodations are present at Midland College:

A) The women’s softball field lacks lighting. Christensen Stadium, where the men play, has lights. Without field lighting, the women can neither play night games nor practice at night, which causes softball players to miss far more academic classes than baseball players do. Softball players cannot ever practice in the evening as baseball players do:


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B) The baseball locker room at Christensen Stadium is modern, capacious, and state-of-the art, while softball players must use a decrepit, rodent-infested trailer that lacks even showers. Compare:

CHRISTENSON STADIUM LOCKER ROOMS:


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SOFTBALL “LOCKER ROOM” :

C) The softball field has a poor quality dirt infield, while Christensen Stadium has a turf infield that is well-maintained by groundskeepers.

D) The softball field lacks any publicity banners, while Christensen Stadium has marquee signage that promotes the baseball team. E) The softball team has worn outdoor batting cages, while the men have a total of four indoor batting cages to utilize. Compare:


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Baseball:

Softball:

Christensen Stadium, unlike the softball field, also has batting cages for use by visiting team. F) Softball players must sit on benches protected by chain-link fence, while Christensen Stadium has expansive, traditional dug-outs. G) The softball field lacks any on-field storage, while Christensen Stadium has large amounts of indoor storage.


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H) The softball field has only two toilets that must be shared by as many as 40 women during a game, while the visitor and home sides of Christensen Stadium each have 8-10 urinals and 6 toilets. I) The softball field and Christensen Stadium do not have comparable spectator seating in either quantity or quality. Compare: CHRISTENSEN:

SOFTBALL:


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J) The softball field has no AC power. Christensen Stadium does. K) Christensen Stadium has ample warm-up space. The softball field has virtually none. L) The softball field lacks a drainage system. Christensen Stadium has a drainage system. M) Fans who want to watch a softball game must park a considerable distance from the field—200 yards-- and often trudge through mud when there have been recent rains. At Christensen Stadium, fans park close to the field and walk to the game on pavement. N) Travel and per diem allowances are not substantially equivalent between softball and baseball. O) For away games, the softball team rarely utilizes charter buses. The baseball team often does. P) Midland College does far more to promote publicity for the baseball team than it does the softball team. Q) Academic tutoring is afforded to baseball players in a more advantageous manner than to softball players. Specifically, softball tutoring is scheduled in the afternoon such that it interferes with practice. Baseball players can practice in the evening because of the lights at Christensen Stadium without conflicting with afternoon tutoring sessions. R) Ramos has but one assistant softball coach. In the past, the baseball team has often had several “volunteer” coaches who are recruited and coordinated by Midland College. S) The baseball team has a weight room for its exclusive use. No such training facilities are provided to the softball team. T) The softball field has no fencing to secure the facility. Christensen Stadium is enclosed and secure. U) The softball field lacks dressing facilities for umpires and the visiting team, so visiting players and umpires must come to the game fully dressed or must change in the parking lot or in the restrooms. Christensen Stadium has a full locker room for the visiting team and a change room for umps. V) Softball athletes who need training assistance during games or practices must walk ½ mile to the P.E. Building. Baseball players can be assisted at Christensen Stadium. W) Recruitment budgets for the baseball and softball teams are not comparable.


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12. Ramos is personally adversely affected by the illegal discrepancies between baseball

and softball at Midland College in various ways, including:

a. Athletic coaches are expected to win in order to keep their positions. Ramos’s

contract with Midland College is renewed annually. If he fails to win, his contract is

perpetually endangered of non-renewal. In order to win, Ramos must recruit for his

program talented softball players who are also capable of performing well academically.

In the last several years, Ramos has lost several potential recruits for his program because

they have viewed the inadequate softball facilities at Midland College and elected to enroll

elsewhere, thereby imperiling his ability to continue to mount a winning softball program

to the satisfaction of the athletic department and keep his coaching position. This problem

can be expected to continue unless Title IX issues are addressed.

b. Ramos must personally devote several hours nearly every day during the softball

season to “field prep,” that is, watering, smoothing out, raking, rolling, nail dragging,

chalking (on game days) and mat dragging the field such that it can be used for practice

and games. Ramos must drag the field after practice and games as well, and personally

remove all trash from the field area after games. Ramos also personally drags the softball

bullpens several times a week. Christensen Stadium’s turf infield requires far less

maintenance, which frees the baseball coach from all or most of such responsibilities. This

problem can be expected to continue unless Title IX issues are addressed.

c. Because of the discrepancy in the baseball and softball travel budgets, for many

road games Ramos has had to personally drive a vehicle accompanying players riding small

buses to the site of the games. In contrast, the baseball team utilizes charter busses much

more often than the softball team does, thereby freeing its coach from all or most of this


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kind of responsibility. This problem can be expected to continue unless Title IX issues are

addressed.

d. From time to time, depending on the availability of a softball team manager in

a given year, Ramos must bring team laundry to his home and personally spend several

hours washing it because washing machines in the athletic building are also used by the

basketball, volleyball, and golf teams and are thereby often unavailable during working

hours. In contrast, Christensen Stadium has its own laundry facilities, thereby freeing the

baseball coach from doing team laundry in his own home. This problem can be expected

to continue unless Title IX issues are addressed.

13. Telles, Chastain and Kistner, as softball players, each directly suffer the consequences

of the illegal discrepancy between the men’s and women’s sports.

V. FIRST CAUSE OF ACTION—VIOLATION OF TITLE IX [20 U.S.C § 1681 et seq.]



15. In the manner in which it sponsors, funds, and administers its baseball and softball

programs, Midland College discriminates on the basis of sex in violation of 20 U.S.C. § 1681 et

seq. and regulations promulgated thereunder, and therefore has damaged Plaintiffs.

VI. SECOND CAUSE OF ACTION—DECLARATORY JUDGEMENT [28 U.S.C §§ 2201 and 2202]



17. This Court should declare and adjudge that in the manner in which it sponsors, funds,

and administers its baseball and softball programs, Midland College discriminates on the basis of


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sex in violation of 20 U.S.C. § 1681 et seq. and regulations promulgated thereunder. Further,

Midland College should be ordered to cease such sex discrimination.

VII. PRAYER FOR RELIEF

Plaintiffs pray that this Court grant relief as follows:

1. For a judgment declaring that the discrepancies between the baseball and softball

programs at Midland College violate Title IX;

2. For an injunction requiring Midland College to immediately address and substantially

equalize these discrepancies;

3. For an award for costs and attorneys’ fees incurred in pursuing this action, as provided

in 42 U.S.C. §1988, and as provided by other applicable provisions of federal law; and

4. For such other relief as the Court may deem right and equitable.

III. JURY DEMAND

Plaintiffs hereby demand a trial by jury as to all issues so triable.


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Respectfully submitted,

/s/ John Klassen

JOHN S. KLASSEN Klassen Law Firm PLLC Texas Bar No. 11553500 4000 N. Big Spring St., Suite 350

Midland, Texas 79705 (432) 684-1111 [email protected] DATE: JUNE 1, 2017

ATTORNEY FOR PLAINTIFFS

CERTIFICATE OF SERVICE I hereby certify that on the 1st day of June, 2017, the foregoing instrument was filed with

the Clerk of the Court using the CM/ECF filing system, which will transmit notification of such

filing to lead counsel for Defendant Midland College:

Jennifer A. Powell Eichelbaum Wardell Hansen Powell & Mehl P.C. 4201 W. Parmer Lane, Suite A100 Austin, TX 78727

/s/John S. Klassen


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