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June /July 2012

 Celebrating 21 Years Advocating For Justice

In This Issue
Title IX: Sports Opens Doors for Women
38th Annual ERA Luncheon
Case Highlights: Yale Sued for Sexual Harassment
Community Service: Bay Area Women's Sports Initiative

About Price And Associates

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Attorney Pamela Y. Price founded Price And Associates in June 1991 with a vision to establish a minority- and woman-owned litigation Firm in Oakland, California. In the 21 years since its inception, the Firm has evolved into a premier civil rights practice with a wealth of experience in federal court litigation.

 

For more information, visit our website at  www.pypesq.com.

 

To submit a Potential Client Questionnaire, go to Contact Us.

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UPCOMING

 

Thursday, July 12, 2012  
 
The Legal Aid Society - Employment Law Center
96th Anniversary Luncheon 

 

11:00 am Reception

12:00 noon Luncheon

 

San Francisco Marriott

Marquis | 55 Fourth Street

San Francisco, CA

 

For more information:

www.las-elc.org/support-luncheon.html

 

  ---------------------------  
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Thursday, July 12, 2012 
 
Ohio Justice and 
Policy Center (OJPC)
 
San Francisco
 Fundraising Reception
 
6:00 - 7:00 pm 
Drinks and Hors d'Oeuvres

7:00 - 8:00 pm 
David Singleton and
Kelley Williams-Bolar

8:00 - 9:00 pm 
Reception 
 
Sunnyside Conservatory
San Francisco 

236 Monterey Blvd.
San Francisco, CA 94131

 

Click Here to Register

 
Questions?
Contact Sarah Estes 
Ohio Justice & Policy Center
513-421-1108, x15
 
For more information:

 

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July 28 - July 31, 2012  
 
American Association for Justice (AAJ) Conference
 
"Strength in Knowledge. 
Power from Networking. United for Justice" 
 
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Chicago, Illinois 
 
 
 Simona Farrise, Esq.
Candidate for Vice-President
 
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"Injustice anywhere 

 is a threat to 

 justice everywhere." 

  
-   Martin Luther King,  Jr.
 
 

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Title IX Then and Now

Welcome!  June 2012 marks the 40th anniversary of Title IX.  Title IX has been a bridge over troubled waters for many women, often providing a pathway to education.  Education changes lives.  My life was changed in the instant that I was accepted into Yale.  God literally made a way out of no way.  My life was changed again in the instant that Raymond Duvall propositioned me.  It was that moment that provided an opportunity for women at Yale to use Title IX to create a better world for all women and our daughters.  
 
Alexander v. Yale was truly a blessing to me - it was an honor and a privilege to be the one plaintiff who got to cross the bridge with so many powerful and compassionate women.  Hon. Anne E. Simon, as my lawyer in her first trial, was a tremendous example of grace under fire.  Anne's partner, Professor Catherine "Kitty" McKinnon was a wellspring of inspiration.  While Kitty, the primary architect of the legal principles to fight sexual harassment, thought and wrote, we tested her theories in real life and ultimately, in the courtroom.  From both of them, their partner Kent, and all the people who supported us, I learned what it really means to be an advocate for my clients and a drum major for justice.  Kudos to the New Haven Law Collective that had the courage to take a case and make history.

 

Best wishes,

Pamela 

MONTHLY FEATURE

Title IX:  Sports Opens Doors for Women     

 

This past spring, 4,244,000 television viewers joined a sold-out crowd of 19,028 who watched the Baylor collegiate women's basketball team complete an undefeated 40-0 season by beating Notre Dame.  On July 10, 1999, still the largest crowd to ever attend a women's sporting event, 90,185, saw the United States Women's Soccer Team defeat China to win the World Cup.  Without Title IX, these iconic moments in women's sports would never have been possible.  With Title IX, the lessons of teamwork, dedication, and excellence, lessons to last a lifetime, have been passed along to countless young American women and girls who now participate in athletics from grammar school through professional sports leagues.

 

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Congresswoman Patsy T. Mink, who with Congresswoman Edith  Green authored Title IX
 (Photo: Wikipedia)
Title IX, a federal law passed in 1972, prohibits discrimination based on gender in any educational program or activity which receives federal funds.  The law protects women from sexual harassment and demands equal resources be provided for education for women and men.  Participation in sports, however, is where Title IX has made a huge impact.  Before Title IX, only one in twenty-seven girls played high school athletics.  In 2007, three million girls participated in high school sports.  From 1991 to 2006, the percentage of female student athletes in Division I collegiate competition increased from 31 to 45 percent.  Yet the goal of gender equity in athletics is still a goal rather than a reality.  For instance, at the collegiate level, women's athletic programs remain underfunded compared to men's programs.
 

Nevertheless, the 40th Anniversary of Title IX is an opportunity for us to celebrate the advances that we have collectively achieved.  Young girls fill soccer fields and softball diamonds throughout the United States, enjoying the team experience but also knowing that the opportunity exists for them to continue with that sport into adulthood.  High school girls manage difficult schedules that often include year-round participation in athletics.  College aged women compete on the athletic field while preparing for professional careers as doctors, lawyers, and, unheard of a generation ago, even professional athletes. 

 

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Chief Senate sponsor of Title IX in Congress, Senator Birch Bayh of Indiana jogs with Title IX athletes at Purdue University, early 1970's. (Photo: Wikipedia)

We all recognize that the opportunity to play sports professionally is limited for women, as it is for men.  Very few are talented enough and fortunate enough to have this opportunity.  But creating professional athletes is not the purpose of Title IX as it relates to athletics.  That purpose is to ensure that women and girls can experience the physical, mental, and personal growth that participation in athletics manifests.  That purpose is to ensure that the challenge of working as a team in a moment of crisis, of overcoming injury or deficit with skill and determination and calm, is available to all young Americans, not only boys.  These types of lessons are the lessons which help create able parents, skilled professionals in all sorts of careers, and contributing citizens.  What better way to impart these lessons to young people, than in activities like sports, which so many of us engage for the sheer fun of it?  
 

The anniversary of Title IX is a tangible moment to say, look how far we HAVE come.  See how many young women have benefited from the experience of athletics on their way to adulthood.  Hear how many ex-athletes talk almost reverentially about the impact their sports involvement has had on their happiness and success in life.   


There are many paths to choose in life, athletics only one among them.  The way that Title IX has opened doors for women in athletics in this country reflects the truth that women have the inalienable right to equal treatment, fairness, and opportunity in all aspects of life, both here and throughout the world.

EVENTS  RECAP 

Equal Rights Advocates 38th Annual Luncheon

   

Equal Rights Advocates (ERA) took the occasion of its annual fundraising luncheon on Friday, June 8th to celebrate the 40th Anniversary of Title IX and all those who have fought for its realization in the world we live in.  ERA has been "protecting and expanding economic and educational access and opportunities for women and girls" for 38 years, unparalleled work that has included a number of Title IX cases.  
 
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ERA Executive Director Noreen Farrell, Pamela, and Judge Anne Simon

 

Executive Director Noreen Farrell began the afternoon by movingly speaking to the challenges women have faced in school and in the workplace.  The program then segued to a short video which featured important actors in the history of Title IX.  Pamela was featured in the video for her participation along with other courageous plaintiffs in the Alexander v. Yale case (see "Case Highlights" section). 
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Simona Farrise, Pamela and Kimberly Thomas Rapp, 
LCCR Executive Director

 

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Pamela was thrilled to share the day with husband Vernon Crawley
Keynote Speaker Julie Foudy, former member of the United States Women's National Soccer Team and advocate for women's rights, challenged attendees to educate others about Title IX and the impact it has on women and girls.  She described her experience on the National Soccer Team as "learning from thirty women about life," and emphasized that she couldn't have gotten that education anywhere else.  While encouraging young women in the audience to "dare to dream," she emphasized that the support network needed was right there in the room, because "ERA supports dreams."
 
Price And Associates was thrilled to once again sponsor ERA's annual luncheon and the irreplaceable work that Noreen Farrell and her associates do.  Pamela is grateful for their acknowledgment of her own experience in Title IX history.  We imagine the day soon when a celebration of Title IX is a celebration of a law no longer necessary, because its goal has been achieved in the community: equality for all people.

 

For more information about ERA, please visit www.equalrights.org.

 

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Royl L. Roberts, Tonia Robinson, Somsak Son and Ryan Le
of Price And Associates
 
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Price And Associates Attorney Jane Moore and her husband
Attorney Howard Moore, Jr.
CASE HIGHLIGHTS
Attorney Pamela Y. Price Recognized by ACLU 
for Role in Landmark Title IX Case
 
To celebrate the 40th Anniversary of Title IX on June 23, 2012, the American Civil Liberties Union (ACLU) has named "The Title IX Nine" - the nine most influential actors in Title IX's history.  Pamela is recognized as one of "The Nine" along with the other plaintiffs in the landmark Alexander v. Yale case.  Pamela is humbled to be honored alongside Patsy T. Mink, the major author and sponsor of Title IX, Billie Jean King, and the other "most influential actors."  The article below tells the story of the Alexander v. Yale case. Please visit www.aclu.org/womens-rights/title-ix-nine to read more about "The Nine." 

 

"Sexus et Veritas: Yale Sued for Sexual Harassment"
(Excerpt from Ellen Lesser article - Seven Days, February 23, 1979) 

 

Pamela Price was worried that a "C" she'd gotten as a sophomore at Yale would hurt her application to law school.  But she did more than worry about it.  She took her case to the Federal Courthouse across the New Haven green from Yale's ivy-covered towers.  Price told the court she got the grade because she wouldn't have sex with her professor.

 

Price is suing Yale for sex discrimination, giving Yale the distinction of being the first school sued under Title IX of the 1972 Equal Education Amendment for allowing sexual harassment of its female students.  Federal District Judge Ellen Burns heard two weeks of testimony late last month and is expected to rule sometime in February on what the New Haven dailies have dubbed the "sex suit."

 

In a courtroom filled with Blacks and feminist activists, Price described what happened in the spring of 1976 when she says she delivered her term paper, "Tanzanian Development and Dependency Theory," to Political Science Professor Raymond Duvall:  Duvall "asked me how badly I wanted an 'A' in the course.  He said he would really hate to give me a 'C.' I didn't say anything.  He asked me, 'Will you make love to me?' "

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Yale's Old Campus (Photo: Wikipedia)

Price is not the first Yale woman to make a charge like that.  As early as 1971, women's groups at Yale were complaining about harassment by male faculty members.  The Undergraduate Women's Caucus set up a Grievance Committee in March 1977, to gather evidence.  The Committee asked women with complaints to report them in writing to the university.  One of the letters University Secretary Sam Chauncey received was from Ronnie Alexander, then a Yale senior, claiming the Yale Band director had raped her.  Another woman said she had to switch music teachers because her instructor began to lock his office door during their lessons, kiss her ear, tell her he had no sexual morals, and show her music scores with Playboy centerfolds in them.  Another reported that the only professor in a certain subdiscipline refused to give her advice on a project after she rebuffed  his suggestive remarks.

  

Most of the women, upset or confused by the incidents, didn't speak up right away.  Pamela Price was different.  Within a couple of days, Price went to her residential college dean, Eva Balogh, with her story.  Price says Balogh told her it happens all the time and that nothing could be done about it.  Before she saw her grade in Duvall's course,  Price was off to Tanzania for Yale's Junior Year Abroad Program.

  

When she came back from Africa in the summer of 1977, Yale was embroiled in a lawsuit.  Ronnie Alexander, three other female undergraduates and a male assistant professor had charged that the university condoned the sexual harassment of its women students, denying them the right to an equal education.  The plaintiffs said they filed the class action only after Yale refused to investigate the charges brought forward by the Women's Caucus Grievance Committee.

  

Alexander v. Yale made a splash that summer.  Plaintiff Jack Winkler, then assistant professor of Classics, charged that the teaching atmosphere at Yale was "poisoned" by sexual pressures.  But to many members of the Yale community, the poison was the suit, not the sex.

  

Yale thought the suit was ridiculous from the start.  The university argued that the existing grievance mechanism - Yale's hierarchy of masters, deans and directors - was adequate.  But Magistrate Arthur Latimer took Alexander seriously.  In his landmark decision in December 1977, he rejected Yale's motion to dismiss the case and ruled that sexual harassment is sex discrimination in education.  He knocked out the five original plaintiffs, because they were not currently Yale women students with personal harassment grievances.  (Several had graduated and one was a man.)  But he ruled that Pamela Price - who had just signed up as the sixth plaintiff - could sue Yale for discrimination.

  

"Yale has assumed from the beginning that this is about a grade and not an incident," says Linda Hoaglund, a Yale senior and member of the Caucus Grievance Committee.  Hoaglund and other Price supporters say Yale had a responsibility to look into not just the grade but Duvall's conduct, even though he'd left to teach at the University of Minnesota.  "What if he was a horrible harasser and was going to do it elsewhere?" asks Phyllis Crocker, a legal worker on the case.

  

Price's attorney, Anne Simon - Yale Law '76 and a co-founder of the New Haven Law Collective - planned to use other Yale women's stories to show that the school's approach to Price's complaint was a policy.  But Yale Counsel Doyle convinced Judge Burns, Yale Law '47, to limit the testimony to Price's Grievance.  That wiped out much of Simon's case and angered those who supported Alexander v. Yale as a class action.  "If it was an individual thing, I wouldn't be here," says Price.  "It's about more than the fact that Duvall propositioned me.  It's about all women who are sexually harassed."

  

The term "sexual harassment" did not even exist until 1975 when Susan Meyer and Karen Sauvigne, WWUI's founders, invented it.  Since 1975, when Meyer and Sauvigne held a speak-out about harassment on the job, a number of women have sued their employers under EEO Title VII for failing to combat harassment.

 

Most women in the labor force are subordinate to men in their workplaces.  On-the-job harassers use their economic leverage to exploit women sexually.  For students, the economic penalty for resisting advances is less direct than for non-compliant workers.  But the problem is still the man's sexual exploitation of an unequal power relationship.

 

The harassment issue has often connected sexism with racism.  Pamela Price is not the first Black woman to sue for sexual harassment by a white man.  In fact, many of the plaintiffs in workplace harassment suits have been Black women.  "With a white student they would have had a gentlemanly discussion about it," says Price.  "With me, they never even considered that.  Jose Cabranes (Yale's General Counsel) said at a press conference, 'We don't want to be told what to do by a bunch of women.'  And a Black woman?  Hell, no."

  

Price says she went to court not to change her grade but to educate people.  Has the harassment suit educated Yale University?  A decade after the college first admitted women, Yale's President A. Bartlett Giamatti condemned sexual harassment in his welcoming speech to the matriculated students.  But this year Yale rehired and promoted Keith Brion, the former Band Director Ronnie Alexander accused of raping her.  Assessing women's status at Yale after ten years,  Linda Hoaglund of the Women's Caucus says, "Yale hasn't given us anything.  What's a women's studies course if you have to walk in fear of harassment to get there?  What's a women's athletic program if there's the threat of the coach harassing you?  We're not saying we don't want these things.  But until harassment is dealt with, we don't really have access to them."

 
Click here to read the full article, Sexus et Veritas: Yale Sued for Sexual Harassment  - Seven Days (February 23, 1979).
COMMUNITY SERVICE 
Bay Area Women's Sports Initiative (BAWSI)

BAWSI_Logo_96dpi_3x3_cropJulie Foudy and Brandi Chastain starred on the U.S. Women's National Soccer Team's World Cup Champion squad in 1999, a victory which brought previously unmatched interest to women's sports in the U.S.A.  They continue to inspire today through the Bay Area Women's Sports Initiative (BAWSI), which they co-founded in 2005 to bring the hope and health benefits of athletic participation to young women and girls throughout the region.

The programs BAWSI has developed include after school athletics under the guidance of real-life role models, Bay Area women athletes.  Through this exciting opportunity to learn from young women who are living the dream of their athletic pursuits and who "exemplify the results of positive decision-making," the youngsters gain "life-affirming lessons of respect, responsibility, teamwork and dedication."  Through physical activity as well as through discussion groups, the youngsters learn how to succeed individually and as a part of a team.  

BAWSI also advocates for policies and laws which affirm women's rights to participation in all aspects of education, including athletic activities.  Supporting the full implementation of Title IX, BAWSI recognizes the incredible impact this law has had on young women in sports, and the avenue to personal and educational opportunities which sports can create.  For more information about BAWSI, please visit www.bawsi.org/index.html.
  

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"Injustice anywhere is a threat to justice everywhere."
 -- Martin Luther King, Jr.

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