PRESENT AND FUTURE FEMALE STUDENTS AT CAMPBELL HIGH SCHOOL:
THIS NOTICE AFFECTS YOUR RIGHTS – PLEASE READ IT CAREFULLY
A proposed settlement has been reached in a class action lawsuit on behalf of present and future Campbell High School female students who participate,
seek to participate, and/ or are or were deterred from participating in athletics at Campbell (“Class Members”). The case was filed on December 6,
2018 in federal court against Defendants Hawaii Department of Education (“DOE”) and Oahu Interscholastic Association (“OIA”) (together, “Defendants”)
alleging sex discrimination in athletics under Title IX. The lawsuit, A.B. v. Hawaii State Department of Education, Case No. 1: 18-cv- 00477-LEK—RT, alleged:
– Defendants unlawfully denied female students opportunities to participate in sports on an equal level with male, students; AND
– Defendants unlawfully denied female students athletic facilities, coaching, competition opportunities, and other athletic benefits on an equal level with
male students; AND
– DOE unlawfully retaliated against female athletes because of complaints they made about this unequal treatment for girls.
The Court authorized this notice because Class Members have a right to know about a proposed settlement of a class action lawsuit before the Cour
decides whether to approve the proposed settlement. On October 27, 2023, the U.S. District Court of Hawaii preliminarily approved a settlement in this
case. The Court will hold a hearing to discuss the settlement on February 16, 2024 at 10:30am, in Courtroom Aha Nonoi at the courthouse address
below. Class Members may attend the hearing. Class Members may send comments about the settlement before the hearing. Please postmark any
comments by February 9,2024 and mail to:
United States District Judge Leslie E Kobayashi
United States District Court – District of Hawai’i
300 Ala Moana Blvd. #0-423
Honolulu, HI 96850
Re: A.B., et al. v. DOE, et al.
Mailed comments should include:
Case Name: A.B., et al. v. DOE, et al.
Title of Document: Comment to Class Settlement
Your Information: Name, Address, Telephone Number
Class Members may ask to speak in Court about the settlement. To do so, you must postmark a letter to the Court address above by February 9,2024
and include:
Title of Document: Notice o?ntention to Appear in .43., et al. v. DOE, et al., Case No. 1 :18-cv-00477-LEK-RT
Your Information: Name, Address, Telephone Number, Signature
La ers for Class Members (“Class Counsel”): ACLU ofHawai’i, Legal Aid at Work, Simpson Thacher & Bartlett LLP.
If you have any questions about the case, contact:
Jongwook “Wookie” Kim
ACLU of Hawai’i, R0. Box 3410, Honolulu, HI 96801
808-522-5905, wkim@.acluhawaii.org
Complete copies of court papers are available from the Class Counsel contact above.
7-Year Comliance Plan: The Court entered a 7-year Compliance and Monitoring Plan requiring Defendants to provide equal opportunities, treatment,
and benefits to Class Members and requiring that Class Members not be retaliated against for raising complaints about gender equity to Defendants. The
settlement agreement can be found at:
https://www.acluhi.org/en/cases/ab-et-al-v-hawaii-doe-and-oia. Class Counsel will monitor Defendants’ compliance with this Plan and the Court will
maintain oversight of this case until at least October 7, 2030, unless either side requests the Court to change this time period.
SUMMARY OF RELIEF
Independent Evaluator: Defendants have retained an Independent Evaluator to help ensure Campbell High School complies with Title IX: Philip Catanzano,
6 17-305-2126, phil.catanzano(a)edusportslaw.com.
Reports & Site Visits: The Independent Evaluator will provide one Interim Report and one Annual Report for each year of the Compliance and Monitorin_
Period. These reports will cover issues such as gender equity among athletic participation opportunities, recruitment of coaches, equipment and supplies,
scheduling of games and practice times, travel, coaching, locker rooms, athletic and practice facilities, medical facilities, publicity and marketing, suppor
services, and fundraising. The Independent Evaluator will conduct site visits in December 2023, spring 2024, and subsequently annually. Class Counsel is
permitted to attend these site visits.
Athletic Opportunities: The Independent Evaluator will assist Campbell High School and CIA in developing a student survey to assess girls’ interest in
playing sports. Counsel will meet afterthe initial survey results to discuss implementing additional athletic opportunities for girls at Campbell High School.
This survey will be conducted on an annual basis. If there is sufficient interest and demand for additional girls’ sports, the OIA will take appropriate action
to introduce and initiate a new sport and/ or levels of competition to meet such interest.
Treatment and Benefits: Defendants will ensure that when providing funding, and/or impacting treatment and bene?ts among female athletes, such
treatment and bene?ts are gender-equitable consistent with Title IX, regarding, among other things, reaitment of coaches or other professional personnel,
equipment and supplies, scheduling of games and practice times, travel and per diem, coaching, academic support, locker rooms, practice and competitive
facilities, medical training facilities and services, housing and dining, publicity, support services, and fundraising. Some additional terms apply to OlA
regarding, among other things, competition schedules and facilities, publicity and promotion, and travel.
Input from Coaches: Each fall-winter of the Monitoring and Compliance Period, the Independent Evaluator will conduct surveys and interviews of the head
coaches of each team to ask about the athletic benefits for each team.
Input from Community: The Independent Evaluator will visit Campbell High School by December 2023 to meet with interested students and parents. The
Independent Evaluator will also speak with members of the OIA, DOE, Hawaii Legislature (if requested), or other relevant parties.
Training: The Independent Evaluator will provide annual Title IX athletics training to Campbell High School’s administration and athletics leadership, and
to representatives from Defendants. The DOE will, with the Independent Evaluator, also develop and incorporate a Title IX athletic training video into its
required training videos.
Assessment Forms: The Independent Evaluator will develop a Title IX assessment form that OIA member schools will be required to complete annually to
maintain “Good Standing” as a condition of their continued membership in the OIA.
Complaints: Campbell High School will create a reporting mechanism for students to report any gender equity concerns via a hotline and/or online portal.
These concerns will be shared with the Independent Evaluator monthly. The Independent Evaluator will discuss potential remediation and monitor the issue
until it is resolved. The OlA will create and implement policies and procedures regarding complaints of unequal treatment in athletics and/ or retaliation.
Retaliation: Retaliation is prohibited against anyone reporting a gender equity concern, making a Title IX complaint, or cooperating with the Independent
Evaluator.
Release of Claims: The settlement agreement releases any and all claims against Defendants which Class Members have or could have brought based on
the events giving rise to this case.
(SA 1/25/24)
