Title IX complaint filed against Niwot girls basketball program

Soon after the conclusion of Niwot High School girls basketball's 2023-24 season, the Denver office of the U.S. Department of Education's Office for Civil Rights (OCR) received a claim accusing the program of violating Title IX regulations.

Enacted in 1972, Title IX prohibits any educational institution that receives federal funding from discriminating on the basis of sex. The law covers all programs and activities, but it has commonly been associated with ensuring equal treatment of male and female student-athletes within federally funded schools.

The Title IX claim, received by the OCR on March 13, 2024, alleges that the St. Vrain Valley School District (SVVSD), and specifically the NHS girls basketball program, of discriminating against female students on the basis of sex by providing inequitable treatment of its players. The letter stated, "Specifically, the complainant alleges that the District:

• At the end of the 2023-2024 season, failed to hold an awards banquet for the School's girls' basketball team, though it held an awards banquet for the boys' basketball team;

• Fails to schedule girls' basketball games and practice times, specific to competitive game schedules, that are equitable to the boys' basketball team;

• Fails to provide the girls' basketball team at the School with equitable opportunities to receive coaching; and,

• Fails to provide the girls' basketball team at the School with equitable assignment of coaches."

The letter continued, "The Complainant also alleged that the District has failed to appropriately address complaints raised by members of the girls' basketball team and their parent/guardian during the 2023-2024 season regarding the basketball coach bullying and intimidating members of the girls' basketball team."

Todd Trobaugh, a veteran club basketball coach in Colorado, was hired as Niwot's head varsity girls basketball coach in May of 2023, but is not named in the letter to the school district. The Cougars finished 5-18 last season under his first-year leadership. Two players left the team following a Jan. 18 victory over Fort Morgan, 67-35. MaxPreps no longer lists them in the box score for the game, or any previous game box scores for the 2023-24 season, and they do not appear in the season statistics on MaxPreps.com.

According to Niwot High School officials, the girls basketball program held an awards banquet after the Title IX claim was filed - but not in response to the complaint, because the school wasn't aware of the claim until June 11, when it was emailed to SVVSD Superintendent Don Haddad.

Typically, Colorado high school sports banquets are held after the conclusion of the state tournament, and after CHSAA announces All-State selections. This year, the Class 4A girls state tournament concluded March 9, and All-State selections were announced March 18.

Niwot High School officials noted that the NHS girls summer basketball program is in full swing, with a good turnout and a higher number of players participating than in the previous season.

As an enforcer of Title IX, the OCR is charged with investigating the allegations. In a letter to Haddad, program manager Angela Martinez-Gonzalez described the OCR as a "neutral fact-finder, collecting and analyzing relevant evidence from the District, the complainant, and other sources, as appropriate."

The claim does not constitute a lawsuit. The letter stated, "OCR will investigate the allegations listed above. Please note that opening these allegations for investigation in no way implies that OCR has made a determination with regard to their merit." The OCR Case Number is 08-24-1374.

The letter continues, "During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the District, the complainant, and other sources, as appropriate. Complaint allegations may be resolved in a variety of ways, including through mediation....[I]f both parties are interested and if OCR determines that the individual allegations are appropriate for mediation, the parties may voluntarily resolve these complaint allegations through mediation that OCR will facilitate. OCR's procedures also provide for investigations to be terminated if the District has taken actions that completely resolve the issues in the complaint."

Attached to the letter was a request for information, with a June 28, 2024, deadline, seeking information about the district's "policies and procedures pertaining to the holding of awards banquets at the school, and information as to whether the school held awards banquets for the boys' and girls' basketball teams for the 2022-2023 and 2023-2024 school years."

Also requested were a list of all teams, and the division level at which the teams compete, including the number of athletes on each team, and the competitive and practice schedules for each team, including the date that practices begin for each team. It also asked for a "list of the names of all varsity, junior varsity, and freshmen coaches by team," with information regarding their assignment, the amount of time as a coach, the length of assignment and terms of any contract, other non-coaching duties at the high school and the amount of time allocated for

these duties, and the salary or stipend for coaching."

Finally, OCR requested any documents "related to any concerns raised by members of the girls' basketball team or their parent/guardian relating to the basketball coach bullying, intimidating, or demonstrating similar conduct, toward members of the girls' basketball team during the 2023-2024 season."

School district officials said they were in the process of complying with the request, and would fully cooperate with the investigation.

The complaint to OCR came to light through social media posts of IX Initiative, a watchdog group out of Ohio which monitors all Title IX complaints across the country. Eric Bennett, a co-founder of IX Initiative and teacher, said the group consists of several volunteers who are dedicated to ensuring equitable opportunities and fair treatment for athletes. The website states, "With a steadfast commitment to leveraging the principles of Title IX, we advocate for gender equality in sports facilities and athletics. The mission is to hold schools accountable, promote fairness, and ensure that athletes have the chance to thrive on an equal playing field."

IX Initiative activities include reporting on active federal Title IX investigations in athletics, gathered through public data and Freedom of Information Act requests.