Legal Question in Discrimination Law in Indiana

Sex Discrimination by Teacher

I'm a senior in High School and a member of the band. Until last year we had always had a female head director, and I had numerous leadership positions and was admitted into all the top groups. When a new male director took over as head, he refused to place me over the the male players, even though my scores and work ethic are unquestionably higher. And I am no longer allowed to participate in several of the groups I have been in for years, in fact the only females in these groups are those in which no males play that instrument. What can I do, especially when the administration refuses to become involved?

Asked on 3/29/99, 10:30 pm

1 Answer from Attorneys

Jonathan Schiff Self employed

Re: Sex Discrimination by Teacher

Are you prepared for battle? If what you say is accurate, It sounds like unlawful sex discrimination to me. I know I don't have all the facts, but what you describe is very typical for education institutions in this country. Sometimes it's ignorance. More often, I suspect it is indifference toward the process of law.

In any event, I am going to check Title IX (a federal statute) to see what it says about remedies.

It is against the law for any institution receiving federal funds to deprive a person of benefits available to others because of gender. This has been a no no for many years. But it seems that as the years go by, fewer and fewer people care about such things as discrimination against minorities, the disabled, the "gender challenged" (that's my bitter joke about being female, which I am not, by the way).

I get back to you via the assigned question number when I find out a little more about Title IX. If you like, you can contact me directly at [email protected] I am not currently doing much private practice so I don't charge for advice, and if need representation, I, or the good folks who run this service, might be able to direct you. In the meantime you might try a nearby chapter of the ACLU, if they are still breathing in your part of the country (they aren't here) You also might ask around if there are any attorneys in your area who like nasty fights. And be prepared for one. Nothing gets the hackles up of school administrators more than consumers who assert themselves. I'm not kidding here, I represented the local Children Services Board in child abuse/neglect cases for eight years and dealt a great deal with schools. That's one reason why we insist that our 11 year old be taught by school supplied tutor at a location other that his assigned school so that the principal won't target him.

So you see, your question interested me.

Jonathan Schiff

Self employed

605 Rose Hill Ave

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Answered on 4/07/99, 7:34 pm

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