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24 Legal Issues Collegiate Athletics 1 (2022-2023)

handle is hein.journals/lica24 and id is 1 raw text is: November 2022 Volume 24, Issue 1 Legal Issues in A Report of Court Decisions, Legislation and Regulations Affecting Collegiate Athletics Eighth Circuit Upholds Defendant's Summary Judgment in Sexual Orientation Eighth Circuit Upholds Discrimination Case Defendant's Summary Judgment in Sexual By Jeff Birren, Senior Writer D 1 th (M ' fb1 tmOinainDsrmnto These pages have previously covered the litigation brought by two former coaches against the Board of Regents of the University of Minnesota. Both coaches previously sued the school. The District Court granted the Regents' mo- tion for summary judgment (Summary Judgment Defeats Claims For the Second Time (6-18-21)). Jen Banford appealed, and recently the Eighth Circuit affirmed (Banford v. Bd. of Regents, Case No. 21- 2160; 2022 U.S. Lexis 21922, _ F. 4th __; 2022 WL 3206309c (Banford). BACKGROUND Banford was the University of Minnesota u u wo e s so a ea head coach and the Director of Opera- tions for the women's ice hockey team. At the time, the head coach was Shannon Miller who was also Banford's live-in romantic partner (Id. at 4). When the athletic department terminated Miller, Banford was told that she would not be retained as Director of Operations, but she could reapply for that position when the new head coach was hired. However, she was told that she could keep her position as head softball coach. Annette Wiles was the women's head basketball coach. She was told that she See DISCRIMINATION on page 10 San Diego State University Under Fire for Failing to Clearly Comprehend Title IX By Robert J. Romano, JD LLM, Senior Writer On August 25, 2022, Jane Doe filed a civil complaint in the Superior Court of California, County of San Diego, against two former San Diego State football players, punter MatthewAraiza, the sixth- round draft pick of the Buffalo Bills, and defensive lineman Nowlin Pa'a Ewaliko, together with red-shirt freshman, Zavier Leonard. Per the complaint, Ms. Doe al- leges that on Sunday, October 17, 2021, while admittingly intoxicated, she was 'gang-raped' at a Halloween party held at Azaria's residence.1 Ms. Doe, who was 17 1 Plaintiffs Complaint for Damages, page 2, paragraph 8. (Jane Doe also filed claims against Roes 1 through 20 who represent other individuals who are allegedly liable in this matter but whose true names and years old at the time, claims that the 21 year old Araiza, after providing her with additional alcohol and 'other intoxicating substances', took advantage of both her age and state of inebriation by leading to a side yard of the house where he al- legedly raped her orally and vaginally.2 Ms. Doe then claims that Araiza took her to one of the bedrooms inside the house where a group of men, including Ewaliko and Leonard, 'took turns having sex with her' while she went in and out of consciousness.3 identities are unknown at this time.) 2 Plaintiff's Complaint for Damages, page 2, paragraphs 9 and 10. 3 Plaintiffs Complaint for Damages, page 2, paragraph i1. See TITLE IX on page 12