IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TENNESSEE

NORTHERN DIVISION

Douglas Perry, as parent and next friend )

of his minor daughter, M.P., )
)
Zachary Panter, as parent and )
next friend of his minor daughter, M.P., )
)
Plaintiffs, ) Case No.
)
vs. )
)
OAK RIDGE SCHOOL DISTRICT )
BOARD OF EDUCATION a/k/a )
OAK RIDGE SCHOOLS a/k/a )
OAK RIDGE SCHOOL DISTRICT; )
and DOES 1 through 50, )
)
Defendants. )

COMPLAINT

The above-captioned Plaintiffs, Douglas Perry, as parent and next friend of his

minor daughter, M.P., and Zachary Panter, as parent and next friend of his minor daughter,

M.P. Oak Ridge School

District Board of Education a/k/a Oak Ridge Schools a/k/a Oak Ridge School District, and

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 STATEMENT OF THE CASE

1. This action is posed for declaratory and injunctive relief. Defendants have

violated (1) Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.

Fourteenth Amendment to the United States Constitution and 42 U.S.C. § 1983, by illegally

benefits that must

necessarily accompany an equal opportunity to participate in athletics.

2.

Specifically,

funding of athletics; (2) provision of equipment and supplies; (3) travel and/or per diem;

(4) scheduling of games and/or practice times; (5) provision of locker rooms and/or

facilities for both practice and competition; (6) provision of training facilities and services;

and (7) publicity.

3. This action seeks to

receive the equal treatment and benefits which must necessarily accompany an equal

opportunity to participate in interscholastic and other school-sponsored athletics. This

rights under federal law. This action further seeks an injunction requiring Defendants to

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immediately cease their discriminatory practices and to remedy the effects of their

discriminatory practices.

4. Plaintiffs seek injunctive relief which, among other things, requires that

Oak Ridge Schools.

JURISDICTION AND VENUE

5. et seq. and its

interpreting regulations. Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331,

1343(a)(3), and 1343(a)(4).

6.

Fourteenth Amendment of the United States Constitution and 42 U.S.C. § 1983.

Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331, 1343(a)(3), and 1343(a)(4).

7. Jurisdiction for declaratory and other relief is invoked pursuant to 28 U.S.C.

§§ 2201(a) and 2202.

8. Venue is proper pursuant to 28 U.S.C. § 1391(b). These claims arose in

Anderson County, Tennessee, which is within the jurisdiction of this Court.

THE PARTIES

9. Plaintiff Douglas Perry is the parent of M.P., a 16-year-old 11th grade student

at Oak Ridge High School, in Oak Ridge Schools. M.P. is a talented athlete who

participates in softball. She has endured the unequal treatment and benefits directed by Oak

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Ridge Schools toward its female athletes. Douglas Perry and M.P. are residents of Norris,

Tennessee, which is within the jurisdiction of this Court.

10. Plaintiff Zachary Panter is the parent of M.P., a 14-year-old 9th grade student

at Oak Ridge High School, in Oak Ridge Schools. M.P. is a talented athlete who

participates in softball. She has endured the unequal treatment and benefits directed by Oak

Ridge Schools toward its female athletes. Zachary Panter and M.P. are residents of Oak

Ridge, Tennessee, which is within the jurisdiction of this Court.

11. Defendant Oak Ridge Schools is authorized by Tennessee law to operate and

control Oak Ridge

Oak Ridge Schools

is located in Anderson County in Oak Ridge, Tennessee, and a substantial part of the events

or omissions giving rise to this lawsuit occurred in Oak Ridge, which is within the

jurisdiction of this Court. Since the passage of Title IX, Oak Ridge Schools has received

and continues to receive federal financial assistance and the benefits therefrom. Therefore,

all programs at Oak Ridge Schools, including athletics, are subject to the requirements of

Title IX.

12. The named Plaintiffs are ignorant of the true names and capacities of Does

1-50, but believe them to be employees of Oak Ridge Schools or members of the Oak Ridge

School District Board of Education. Plaintiffs will seek to amend this Complaint to set forth

their true names and capacities when they are ascertained. Plaintiffs are informed and

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believe, and on that basis allege, that each of these fictitiously named defendants is

responsible in some manner for the discriminatory actions alleged herein and that each is a

resident of the State of Tennessee and thus is subject to the jurisdiction of this Court.

GENERAL ALLEGATIONS
THE REQUIREMENTS OF TITLE IX

13. Title IX, enacted in 1972, provides in relevant part:

No person in the United States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any education program or activity receiving Federal financial
assistance.

20 U.S.C. § 1681(a).

as any part of the public institution receives federal financial assistance. 20 U.S.C. § 1687.

Thus, Oak Ridge Schools is subject to Title IX even if none of the funding for either its

14. In 1975, the Department of Health, Education and Welfare (the predecessor

Title IX.

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 15. With regard to athletic programs, § 106.41(a) of 34 C.F.R. provides that

IX:

No person shall, on the basis of sex, be excluded from participation in, be

denied the benefits of, be treated differently from another person or otherwise
be discriminated against in any interscholastic, intercollegiate, club or
intramural athletics offered by a recipient . . .

16. 34 C.F.R. § 106.41 (c) specifies ten (10) factors that are to be considered in

the determination of equal athletic opportunity:

1. Whether the selection of sports and levels of competition effectively

accommodate the interest and abilities of members of both sexes;

2. The provision of equipment and supplies;

3. Scheduling of games and practice times;

4. Travel and per diem allowance;

5. Opportunity to receive coaching and academic tutoring;

6. Assignment and compensation of coaches and tutors;

7. Provision of locker rooms, practice and competitive facilities;

8. Provision of medical and training facilities and services;

9. Provision of housing and dining facilities and services; and

10. Publicity.

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 Id.

17. In 1979,

issued a policy interpretation of Title IX and the Regulations. This policy interpretation is

18. The Policy Interpretation provides that, in order to comply with Title IX and

34 C.F.R. § 106.41(c), schools must provide equal athletic opportunities in three general

areas: (1) awarding of scholarships (aimed primarily at problems at the intercollegiate

level); (2) participation opportunities (including both the number of opportunities and

whether the selection of sports and the level of competition effectively accommodate the

interests and abilities of members of both sexes); and (3) treatment and benefits. 44 Fed.

Reg. at 71414.

19. Under both the Regulations and the Policy Interpretation, compliance in the

area of equal treatment and benefits is assessed based on an overall comparison of the male

and female athletic programs, including an analysis of factors (2) through (10) of 34 C.F.R.

§ 106.41 (c) listed above, and an analysis of whether the necessary funds are provided for

teams of both sexes.

20. The Regulations require that sponsors of interscholastic and other school-

sponsored athletics (such as Oak Ridge Schools) take such remedial actions as are

necessary to overcome the effects of gender discrimination in violation of Title IX. See 34

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C.F.R. § 106.3(c). On information and belief, any remedial actions which Defendants have

21. The Regulations further require that sponsors of interscholastic and other

school-sponsored athletics comply with the Regulations within three years of their effective

date (which was July 21, 1975). Now, more than forty-eight (48) years later, Defendants

have still not fully complied with Title IX.

THE U.S. CONSTITUTION

22. The Fourteenth Amendment to the United States Constitution requires that

23. Under 42 U.S.C. § 1983, Defendants may be held liable for their actions in

INJUNCTIVE RELIEF

24.

discriminatory and unlawful treatment of female student athletes.

to them by the United States Constitution and the laws of the United States. Failure to grant

daughters will never be able

to participate in interscholastic and/or other school-sponsored athletics on an equal basis

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with their male classmates. Accordingly, Plaintiffs do not have an adequate remedy at law

for this harm. This threatened harm far outweighs any possible harm that granting

injunctive relief might cause Defendants. Finally, the injunctive relief sought would in no

way disserve the public interest but, on the contrary, would prevent discrimination based

on gender and would promote the goal of full equality before the law.

25. Plaintiffs have been required to retain the undersigned attorneys to prosecute

this action.

to 42 U.S.C. § 1988.

FIRST CLAIM FOR RELIEF: TITLE IX

(Unequal Treatment and Benefits)
(Against Oak Ridge Schools Only)

26. Plaintiffs reallege and incorporate herein by this reference paragraphs 1

through 25 inclusive of this Complaint.

27. Oak Ridge Schools, by its conduct, has violated Title IX by knowingly and

failing to provide them with treatment and benefits which are comparable overall to the

treatment and benefits provided to male athletes.

28. On information and belief, Plaintiffs allege that Oak Ridge Schools has failed

to comply with Title IX by failing to provide their daughters and other female athletes with

comparable treatment and benefits including, but not limited to, the following areas:

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 (1) Oak Ridge Schools funds athletics in a manner that discriminates

For example,

Oak Ridge Schools routinely allows the infusion of more funds for

This includes more money

for the baseball program at Oak Ridge High School as compared to

the softball program at Oak Ridge High School. In addition, Oak

Ridge Schools requires students at Oak Ridge High School to pay for

the opportunity to participate in athletics.

(2) Oak Ridge

other female athletes in the provision of equipment and supplies. For

example, the softball program at Oak Ridge High School and parents

of softball players are required to purchase essential athletic

equipment and supplies, including uniforms. As a further example, the

baseball program is provided more, and superior, pitching screens and

fielding screens as compared to the softball program. Also, the

baseball program is provided a ball cart. The softball program is not

provided a ball cart. Additionally, the baseball program has two

mobile batting practice cages. The softball program has no mobile

batting practice cage.

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 (3) Oak Ridge

other female athletes in the provision of travel and/or per diem. For

example, the softball players at Oak Ridge High School are required

to provide their own private transportation for their away games. The

baseball players are not required to provide their own private

transportation for their away games. Oak Ridge Schools motor pool

vans are provided for the baseball players for this purpose, but have

not been provided for the softball players. The football players at Oak

Ridge High School are not required to provide their own private

transportation for their away games. Regular school buses for closer

away games and charter buses for further away games are provided

for the football players. In addition, the football players are provided

pre-game meals. The softball players are not provided pre-game

meals.

(4)

other female athletes in the scheduling of games and/or practice times.

For example, the baseball program is provided superior access to its

facility as compared to the softball program. During the season,

baseball has exclusive use of its field. During its season, softball does

not have exclusive use of its field. One result of this is that baseball is

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 able to use its field during the season for tournaments, which allows

it to take a gate and make money for the program. Softball is unable

to use its field during the season for tournaments, since it neither

enjoys exclusive use of its field nor has a perimeter fence to allow it

to take a gate and make money, even if it had exclusive use of its field.

During the off season, baseball has priority use, and in effect exclusive

control, of its field. During the off season, softball not only does not

have exclusive control of its field, it does not even have priority use

of its field.

(5) Oak Ridge Schools supplies superior access to superior locker rooms

and/or facilities for both practice and competition, to boys as

compared to girls. For example, the baseball program is provided a

dedicated locker room at its field for its exclusive use. The softball

program has no locker room at its field or anywhere else. The press

box at the facility provided for the baseball program is part of a two-

story enclosed and locked building, constructed with concrete block

and wood. The facility provided for the softball program has no press

box but instead has a little lean-to with no walls, much less a door to

lock. The press box at the baseball facility is closed to the public. The

lean-to at the softball facility is open to the public and, for that matter,

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 wild animals from the woods and ravine that encroaches on the area

immediately adjacent to the softball facility. The press box at the

football facility is also superior to the lean-to at the softball facility

and, like the baseball press box, is locked and closed to the public.

The football facility is under 24-hour surveillance for the protection

of its student-athletes, coaches, spectators, and the facility itself. The

softball program is provided no surveillance at its facility. The sound

system provided to the baseball program is superior to that provided

to the softball program and is maintained in the locked baseball press

box. The sound system provided to the football program is also

superior to that provided to the softball program, and is also

maintained in the locked football press box. The softball sound system

is a little portable microphone and speaker set owned by a parent who

brings it to each game. The baseball facility has superior, and more,

seating for spectators as compared to the softball facility. The football

facility also has superior seating for spectators as compared to the

softball facility. The seating at the baseball facility is set on concrete.

The seating at the softball facility has grass and gravel underneath.

Some of the seating at the baseball facility has handrails. None of the

seating at the softball facility has handrails. The seating at the baseball

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 facility has full protective fences on the perimeters. The seating at the

softball facility has only partial fencing on the perimeters. Some of

the seating at the softball facility backs up to a drop-off ravine,

creating an obvious hazard for spectators, as well as an expense for

the softball program, as foul balls must be abandoned due to the

poison ivy growing in the woods and ravine. There is no drop-off

behind the spectator seating or anywhere else at the baseball facility,

as it as is on essentially level ground, benefitting both spectators and

the baseball program. The baseball facility is handicap accessible. For

example, it has concrete in spectator areas for ease of movement. The

concrete extends from the press box to each dugout and completely

covers the area. The softball facility is not handicap accessible. It has

dirt and grass in the spectator areas. The football facility is also

handicap accessible with concrete in spectator areas for ease of

movement. The baseball program is provided superior storage as

compared to the softball program. The football program is also

provided superior storage as compared to the softball program. The

baseball program is provided superior dugouts as compared to those

provided to the softball program. The dugouts at the baseball facility

are more than three times the size of the dugouts at the softball facility.

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 The dugouts at the baseball facility are fully enclosed with a ridged,

pitched roof. The dugouts at the softball facility are partially open with

a large gap at the top and bottom, and are covered with a lean-to roof.

The dugouts at the baseball facility are made of concrete block. The

dugouts at the softball facility are made of chain link with wood over

parts of it. The fronts of the dugouts at the baseball facility are half-

walls with major league-type netting. The fronts of the dugouts at the

softball facility are dog kennel-type chain link fences. The roofs on

the dugouts at the baseball facility are in good repair. The roofs on the

dugouts at the softball facility are in poor repair. The home dugout at

the baseball facility has superior amenities as compared to the dugouts

at the softball facility. The home dugout at the baseball facility has a

superior bat rack as compared to that at the softball facility. The home

dugout at the baseball facility has helmet racks. Neither dugout at the

softball facility has helmet racks. The home dugout at the baseball

facility has a bulletin board. Neither dugout at the softball facility has

a bulletin board. The baseball dugouts have superior benches as

compared to the softball dugouts. The benches in the dugouts at the

baseball facility are two-tier, major league-type benches. The benches

in the dugouts at the softball facility are inferior benches. The facility

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 provided to the baseball program has an enclosed, secure, climate-

controlled concession stand. The concession stand at the softball

facility is a card table and chair. The only climate control for the card

table is that provided by the outdoor climate the weather. The

facility provided to the football program also has enclosed, secure and

climate-controlled concession stands. The facility provided to the

baseball program has modern public restrooms. The facility provided

to the football program also has modern public restrooms. The softball

players, coaches, and spectators are provided a porta-potty, with no

water even for hand-washing. The lights at the facility provided to the

baseball program are superior to the lights at the softball facility. The

lights at the facility provided to the football program are also superior

to the lights at the softball facility. The light fixtures at the baseball

facility are superior to those at the softball facility. The light fixtures

at the football facility are also superior to those at the softball facility.

The light poles at the baseball facility are superior to those at the

softball facility. The light poles at the football facility are also superior

to those at the softball facility. The light poles at the baseball and

football facilities are constructed of concrete wrapped with metal. The

light poles at the softball facility are made of dilapidated wood riddled

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 with huge woodpecker holes. Some of the poles at the softball facility

are literally leaning, creating a safety hazard for players, coaches and

spectators. The facility provided to the baseball program has security

lights for the safety of the players, coaches and spectators. The facility

provided to the football program also has security lights for the safety

of the players, coaches and spectators. The facility provided to the

softball program has no security lights. The playing surface at the

baseball facility is superior to the playing surface at the softball

facility. The field at the softball facility is uneven, with many rocks in

the infield and holes in the outfield, creating safety hazards for the

softball players. The playing surface at the baseball facility does not

have these dangerous field conditions, to the benefit, and for the

health, of the baseball players. The infield material at the baseball

facility is also superior to the infield material at the softball facility.

The playing surface at the facility provided to the football program is

also superior to that at the softball facility, as it has a new turf surface.

The baseball facility has an in-ground drainage system. The football

facility also has an in-ground drainage system. The softball facility

has no drainage system other than the gullies created by runoff water.

The baseball and football programs are provided superior

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 maintenance, and maintenance equipment, at their facilities as

compared to the softball program. The baseball facility has distance

signs. The softball facility has no distance signs. The baseball facility

has major league-type foul poles. The softball facility has inferior,

shorter, single-pipe foul poles. The baseball facility has a large, nine-

inning scoreboard. The softball facility has a much smaller, inferior

single-inning scoreboard. The scoreboard at the football facility is also

superior to the scoreboard at the softball facility. The batting cage at

the facility provided to the baseball program is in superior condition

as compared to that of the batting cage at the facility provided to the

softball program, including the surface of the batting cage, the netting

and the support structure for the netting. The baseball program is

provided secure home and visitor bullpens for the safety of pitchers

warming up. The softball program has no bullpens, secure or not, for

either the home or visitor players. The baseball facility has a

permanent brick foundation for the backstop. There is no foundation

for the backstop at the softball facility. The backstop at the baseball

facility is constructed with poles and major league-type netting. The

backstop at the softball facility is inferior as compared to the baseball

backstop, constructed with inferior pipes and chainlink fence. The

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 facility provided to the baseball program has a warning track at the

backstop for player safety. The facility provided to the softball

program has no warning track feature for the safety of the players. The

baseball program is provided an infield tarp. The softball program has

no infield tarp. The baseball facility has on-deck batting circles. The

softball facility has no on-deck batting circles. The signage at the

baseball facility is superior to that at the softball facility. The entire

baseball facility is enclosed with a perimeter fence and a sign

Park. This fence restricts access to the field, allowing the baseball

program to take a gate for the benefit of the program. It also restricts

access to the playing field, allowing the baseball program to maintain

a quality field surface. The softball facility does not have a perimeter

fence that fully encloses the facility. The softball facility does not have

a sign with its field name, nor does the softball facility have a field

name. Since the softball facility has no perimeter fence, it has limited

ability to take a gate. As a result, the softball program does not have

the ability to raise money through a gate as baseball does.

Additionally, because the softball facility has no perimeter fence, the

public at large has virtually unlimited access to the field itself, making

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 maintenance of an even marginally playable field surface difficult, if

not impossible.

(6)

other female athletes in the provision of training facilities and

services. For example, Oak Ridge Schools provides superior access to

weight training facilities, and appropriate weight training equipment,

to its male athletes as compared to its female athletes, including the

(7)

other female athletes in the provision of publicity. For example, Oak

Ridge Schools consistently provides for more publicity for its baseball

and football programs as compared to its softball program.

29. The imbalance in the treatment of female and male athletes at Oak Ridge

Schools as detailed above, demonstrates Oak Ridge

failure to comply with Title IX.

30. Oak Ridge

Regulations, particularly 34 C.F.R. §§ 106.3(a) and 106.41(d), and the Policy

Interpretation.

31. Oak Ridge et seq., as interpreted

by 34 C.F.R. §§ 106.31 and 106.41 and the Policy Interpretation thereof.

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 SECOND CLAIM FOR RELIEF: EQUAL PROTECTION
(Against All Defendants)

32. Plaintiffs reallege and incorporate herein by this reference paragraphs 1

through 31 inclusive of this Complaint, including all of the factual allegations contained in

paragraph 28 of this Complaint.

33. Defendants, by their persistent and widespread practices, customs, and

deeply embedded traditional ways of carrying out their policies, through either action or

inaction, have failed

as they have the male athletes at Oak Ridge Schools (as detailed above), and have

students on the basis of gender, and have intentionally and illegally deprived them of their

rights to equal protection secured by the Fourteenth Amendment to the United States

Constitution.

34. Defendants have illegally failed and refused to remedy the unequal treatment

male athletes at Oak Ridge Schools.

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 35. Section 1983 of Title 42 of the United States Code provides, in part:

Every person who, under color of any statute, ordinance, regulation, custom,
or usage, of any State or Territory or the District of Columbia subjects, or
causes to be subjected, any citizen of the United States or other person within
the jurisdiction thereof to the deprivation of any rights, privileges, or
immunities secured by the Constitution and laws, shall be liable to the party
injured in an action at law, suit in equity, or other proper proceeding for
redress . . .

36. When Defendants engaged in the improper actions described above, they

were acting under color of law for purposes of the Equal Protection Clause of the United

States Constitution and 42 U.S.C. § 1983. Under this section, the Defendants are liable for

Amendment.

RELIEF REQUESTED

WHEREFORE, on each of their claims, Plaintiffs respectfully pray that this Court:

A. Enter an order declaring that Defendants have engaged in a past and

continuing pattern and practice of discrimination against female students, including

promulgated thereunder (including unequal treatment and benefits), and the Equal

Protection Clause of the Fourteenth Amendment to the United States Constitution.

B. Issue a permanent injunction (a) restraining Defendants and their officers,

agents, employees, successors and any other persons acting in concert with them, from

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on the basis of gender, and (b) requiring Defendants, immediately upon issuance of the

injunctive order, to adopt and implement a budget and plan which corrects and remediates

Such a plan should

treatment and benefits comparable to those provided to male athletes at Oak Ridge Schools.

C. Grant an expedited hearing and ruling on the permanent injunction request

in paragraph B above.

D.

U.S.C. § 1988.

E. Order such other and further relief as the Court deems appropriate.

F. Designate that the trial take place before the U.S. District Court in Knoxville,

Tennessee.

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Dated: September 21, 2023

Respectfully submitted,

SCHILLER LAW FIRM

s/ Samuel J. Schiller
SAMUEL J. SCHILLER
Tennessee Attorney Registration #021810
Oklahoma Bar Association #016067
Suite 200, 4113 Cumby Road
Cookeville, TN 38501
Telephone: (931) 528-5050
Email: sjs@schillerlawfirm.com
Counsel for Plaintiffs

C:\Users\Secretary\Desktop\Title IX\Oak Ridge\Initiating Documents\Oak Ridge Complaint.docx

SJS:ees

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