Federal Way Public Schools settles girls wrestling discrimination lawsuit

The Federal Way Public Schools district settled a discrimination lawsuit on Tuesday related to its girls wrestling program, resolving allegations against the district that ranged from coach favoritism to unequal practice conditions.

The Federal Way Public Schools district settled a discrimination lawsuit on Tuesday related to its girls wrestling program, resolving allegations against the district that ranged from coach favoritism to unequal practice conditions.

“As you know, the tort claim was filed in September 2014, and with the recent findings, our administrative team is using this situation to enhance high-quality and equitable opportunities for all student-scholars in Federal Way Public Schools,” said Superintendent Dr. Tammy Campbell. “One action I have taken is to ensure consistent and equitable practices across all of our schools with the hiring of a district athletic director.”

Gerald Carpio, the father of two teenage girls enrolled in Federal Way high schools – one attended Todd Beamer and one attended Decatur – sued the district in 2014 for allegedly discriminating against his daughters, both of whom wrestled for their respective high schools.

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In a complaint filed by attorney Stephanie Beach of law firm Van Siclen, Stocks & Firkins, the nature of the allegations date back to 2011.

Carpio’s oldest daughter, who was 17 when he filed the lawsuit, attended Todd Beamer High School and had been on the wrestling team since 2011. During her sophomore and junior years in high school, she won Washington’s state championship in her weight class, she competed nationally and internationally as a member of Team USA , and she won a bronze medal at the Pan-American Games in Brazil, an international wrestling competition.

But during her time on the varsity wrestling team her freshman year, she was allegedly given boys’ singlets previously worn by the junior varsity team instead of her own. When her high school ordered new uniforms that year, each male member of the team received two while the girls on the team received one. That same year, according to the lawsuit, male competitors attended three competitions that required an overnight stay, and transportation was provided by the school. The female members of the team attended one competition that required an overnight stay and the school did not provide transportation, “shifting that responsibility to the parents of the female team members.”

“The head coach of the TBHS wrestling team attended all men’s competitions during the 2011-2012 season, but did not attend all of the women’s competitions,” the lawsuit states.

The next year, Todd Beamer High School split boys and girls wrestlers into separate teams, but funding remained the same.

Court documents allege the girls wrestling team wasn’t allowed to use the wrestling room at the school to practice and was instead “forced” to practice in the cafeteria. They also attended fewer competitions than the boys wrestling team.

During Carpio’s daughter’s last year at Todd Beamer, the girls wrestling team was finally able to practice in the wrestling room, but for only one day a week.

“Due to the unequal treatment of the women’s wrestling team at TBHS, [the victim] has been denied the opportunities available to other female wrestlers in the state of Washington and throughout the nation,” the lawsuit states, adding that Carpio’s then-17-year-old daughter had to pay to use private wrestling clubs to “advance her wrestling career.” “[The] defendant’s actions and omissions have also caused [the victim] to feel like she is a ‘second-class citizen’ at her own high school.”

Some of the same practices also reportedly occurred at Carpio’s then-14-year-old daughter’s school, Decatur High School, the lawsuit continues.

During the 2014-2015 wrestling season, the Decatur High School girls wrestling team was “denied permission to use the wrestling room” for practices and practiced instead in a nearby middle school cafeteria.

The plaintiffs said the district violated Title IX of the Education Amendments of 1972 by “intentionally” discriminating against female wrestlers at the two high schools. They also said the district violated RCW 28A.640.020, a state law titled “regulations, guidelines to eliminate discrimination – scope – sexual harassment policies.”

That disparity came from a difference in “equipment and supplies, transportation allowances, opportunities for coaching and instruction, opportunities for competition, and schedules of games and practice times.”

Carpio, on behalf of his daughters, sought an injunction for the district to provide equal funding, facilities, equipment and coaching to the boys and girls wrestling teams, as well as damages to the plaintiffs.

Beach, Carpio’s attorney, said the two parties settled not for a monetary amount but for attorney fees and “for the district to make certain changes to the program.”

Those changes will include the provision that teams should be given uniforms in “equitable number and quality,” that there will be monitoring of fundraising and that the teams will rotate when each uses the facilities for practice.

And there was the issue of recognition, Beach said.

Some schools have display boards that recognize wrestlers who have placed at state or regionals, or another award that is worthy of recognition.

“The agreement is that if the school is going to have something of that nature, they need to recognize both boys and girls team members,” Beach said. “Particularly at Decatur High School, there is a ‘wall of fame’ that recognizes achievement of members of the men’s wrestling teams and there hadn’t been one established for the girls, even though they had a number who made it to state.”

Initially filed in King County Superior Court, the case was elevated to federal court soon after. The jury trial was set for April 11, 2016, before the settlement was reached.