Midland College wants dismissal of Title IX lawsuit
Midland College has filed a motion to dismiss a Title IX lawsuit, saying softball coach Tommy Ramos complaint demonstrates he lacks standing and, therefore, the federal court lacks subject matter jurisdiction.
Ramos is listed as the plaintiff in a lawsuit filed on April 26 in U.S. District Court for the Western District of Texas (Midland-Odessa division).
The complaint states Ramos is seeking declaratory relief, injunctive relief and damages for violations of Title IX, which prohibits discrimination on the basis of sex in federally funded education programs and activities, including athletics.
One part of the motion to dismiss -- filed last week -- is that Ramos, as coach, lacks the standing to file this lawsuit under Title IX, even on behalf of female athletes. The motion cites cases, including Pederson v. Louisiana State University, which a circuit court ruled, Because no named plaintiff was a member of a varsity team at the time of trial, the Fifth Circuit affirmed the trial courts finding that they have personally suffered no injury or threatened injury due to LSUs allegedly illegal treatment of its varsity athletes and as such fail the initial prong of the standing inquiry as to the claims for illegal treatment of athletes.
Read more: http://www.mrt.com/news/local/article/Midland-College-wants-dismissal-of-Title-IX-11171095.php