Thousands May Join LSU Suit

January 27, 2000 / 7:15 PM EST / AP

An appeals court decision that LSU intentionally discriminated against female athletes means thousands of current and former students might eventually join a lawsuit seeking money, a lawyer said Friday.

A panel of the 5th Circuit Court of Appeals ordered U.S. District Judge Rebecca Doherty to reconsider her decision denying class action status to the lawsuit filed by three female soccer players and two softball players.

If Doherty reverses herself, that means all women who played sports at LSU since 1993 could be added as plaintiffs in the lawsuit, said Nancy Rafuse, lawyer for the five players.

"That's about seven years of people," she said. "Throwing in intramural and club sports, you could be talking thousands."

A federal law would prevent female athletes who left the school prior to 1993 from joining the lawsuit, Rafuse said.

LSU officials had not decided Friday whether they would comment on the appeals court decision, said spokesman Herb Vincent.

The unanimous ruling released Thursday by the three-member appeals panel described the LSU athletic department's attitude toward women as "motivated by chauvinist notions."

The finding reversed a 1996 finding by Doherty that LSU had "archaic and antiquated" views about women athletes but did not intend to violate Title IX, the federal law requiring equal athletic opportunities at schools accepting federal funding.

Singled out for criticism in the appeals panel ruling was athletic director Joe Dean, who allegedly called one of the plaintiffs "honey," "sweetie" and "cutie."

Dean also allegedly said that the school's first women's softball team was disbanded because of the sexual preference of the players. He also allegedly told one plaintiff if he had to start one women's sport he'd prefer women's soccer because players "look cute in their shorts."

The appeals court decision also cited repeated LSU approval of travel budgets that were larger for men's teams than for the women's teams and salaries for women's coaches far below those of their male counterparts.

As the original lawsuit headed toward a 1995 trial, LSU started women's softball and soccer teams. The soccer team started playing in 1995 and the softball team began play in 1997 at a new stadium. The softball team will begin this season ranked in the nation's top 10.

LSU could ask the entire 15-member appeals court to rehear the case, or appeal the decision to the U.S. Supreme Court, Rafuse said.

But she said it is unlikely the nation's highest court would agree to hear the case, in part because the appeals panel decision was unanimous.

"The Supreme Court normally looks at cases that deal with important legal issues or where there is a split in the decision at the circuit court level," she said.

She said she has not heard from LSU lawyers about reaching an out-of-court setlement, but is willing to talk with them. She said the decision was so strongly worded by the appeals panel that it should give her a strong hand.

"Whether they want to admit it or not, it's good for LSU because it will be good for their athletic department in the long run," Rafuse said. "They're going to be headed down the road to treating their women athletes fairly and equally."