Investigations into a Title IX complaint filed against the Cape Henlopen School District found the existence of gender disparities within its sports programs.

Title IX is a federal civil rights law that prohibits discrimination based on gender in educational programs and activities. All public schools that receive any federal funds must comply with Title IX.

The individual who filed the complaint March 17 requested anonymity in the filing and alleged that facilities for girls’ sports were inadequate due to location and privacy. The complaint also alleged inequality between softball and baseball facilities, and equal access to training facilities, locker rooms and fields for girls’ sports teams.

A June 7 written determination regarding the complaint was drafted by district consultant Josette Tucker, which was then emailed to the complainant and subsequently shared with the Cape Gazette.

According to Tucker, Cape Title IX Coordinator Ned Gladfelter consulted with the district technology department and researched the email address associated with the anonymous complaint and concluded it did not match that of a current or past district family. 

The district then consulted legal counsel, Tucker wrote, which determined that an anonymous complaint can be made but it limits the district’s ability to investigate because the complainant was not available. 

Assistant Athletic Director Michael Connors was named investigator March 26, Tucker wrote, and the complaint was sent to all parties involved April 12. District officials did not respond to a query to identify all involved parties.

Interviews were conducted with Cape High girls’ field hockey coach Kate Austin, Athletic Director Kevin Smith and Frederick D. Thomas Middle School Principal Dave Frederick, Tucker wrote. District officials did not respond to questions asking why Austin was the only coach interviewed. Gladfelter then sent a finalized investigative draft to Tucker May 6.

Tucker detailed evidence in her determination and found that the Cape High football team was exclusively assigned one to two 75-minute time slots in the new pole barn weight room. District officials did not respond to a question asking whether these time slot assignments were on a weekly schedule. Only two girls’ sports, field hockey and lacrosse, were assigned times in the new pole barn weight room, she wrote.

The fall and winter weight room schedules do not demonstrate an equal distribution of assignments between girls and boys and the school’s two weight rooms, she wrote.

“Based on recent schedules, girls have limited access to the newer weight room,” Tucker wrote. “While all coaches may not have requested to be placed on the schedule, at a minimum, cheerleading, golf, soccer, softball, swimming, tennis, track and field and volleyball do not appear to be part of the weight room schedule.”

District officials did not respond to questions about the weight room scheduling for other teams.

Further, Tucker said, the baseball team’s covered batting cage was constructed in 2014 to prevent damage to turf and equipment. The team also has a clubhouse built in 2022 to accommodate 40 student-athletes and seven coaches. The clubhouse has storage for landscaping and baseball equipment, bathrooms and a locker room, Tucker wrote, and the field has well-positioned bleachers to safely accommodate fans.

Conversely, she wrote, the softball team has a typical dugout with room for up to 15 people. The batting cage has turf but is uncovered, she said, and the report noted that softball is the next sport that needs upgrades, including a clubhouse, covered batting cage, replacement dugouts and proper repositioning of bleachers.

“The baseball team has received significant facility upgrades over the last 10 years, while similar updates were not made to the facilities for the softball team,” Tucker wrote, noting the protection of turf and equipment as rationale for the baseball team’s covered batting cage, while the softball team’s nearby uncovered turf is subject to the same weather conditions that concerned the baseball team.

Tucker said she also reviewed the Cape High sports schedules for the 2022-23 and 2023-24 school years for game field assignments for boys’ football, lacrosse and soccer, and girls’ field hockey, lacrosse and soccer.

In 2022-23, she wrote, 95% of the boys’ games and approximately 28% of the girls’ games were played at Legends Stadium. The 28% approximation is because half of the girls’ soccer games were assigned to Legends and the other half were assigned to Champions Stadium.

In 2023-24, she wrote, all girls’ soccer games except one were assigned to Legends Stadium. All games for field hockey and girls’ lacrosse were assigned to Champions Stadium in 2022-23 and 2023-24, she wrote. This scheduling pattern is currently planned for the 2024-25 school year, Tucker wrote, with field hockey and girls’ lacrosse games assigned to Champions and boys’ games assigned to Legends.

Female players use the same locker room and bathrooms they would use if playing at Legends, Tucker wrote. The complaint stated there was unequal access to stadiums for girls’ sports, but the girls’ teams prefer to play at Champions due to the length of the turf, she said.

All told, Tucker stated evidence shows there is not a consistent and private place for females to change clothes; females don’t have equal access to weight or locker rooms; a pattern of male teams playing on a field with close access to lockers and bathrooms; and a large disparity between baseball and softball facilities. Providing equal equipment and access to facilities is the district’s responsibility, Tucker wrote.

Sanctions

The district developed a locker room usage schedule for fall, winter and spring sports seasons since the filing of the complaint, Tucker wrote, and will continue to maintain a schedule for each sport that will be emailed to coaches and posted prominently within the school and the capevikingssports.com website.

A similar rotation schedule will be developed for the weight rooms, Tucker wrote, so that access will be provided equally to male and female students.

The district should consider upgrading softball facilities comparable to the baseball facilities, Tucker wrote, and should continue to seek financial support to construct a facility that provides resources for female athletes.

The district should also refine a survey it asks of student-athletes at the end of the school year by sending the survey at the end of each sports season instead to determine if there are any areas of growth relative to Title IX, she said.

District response

In response to a series of specific questions submitted July 10, the district submitted a statement July 12.

“After investigating a Title IX complaint by an individual who requested anonymity, the district hired a well-respected third party to decide the case and make recommendations. Indeed, several of the recommendations were in development or implementation status already. 

“The outcome of the Title IX investigation supports our belief and need for enhanced athletic facilities to meet the needs of our ever-increasing number of student-athletes. These needs include some of the concerns mentioned in the report and others, including storage for equipment, adequate restrooms, weight training facilities and locker rooms. The district is committed to making this happen with both short-term and long-term plans.   

“Consistent with Board Policy 116, complaint resolution is a solution-seeking process. We received no objection to or appeal from the decision after circulation. We are committed to providing all student-athletes with opportunities to excel in a variety of sports and are dedicated to developing programs that enable all students to reach their athletic goals.”