
DATE: Wednesday, August 20, 1997            TAG: 9708200416

SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 

SOURCE: BY PAUL WHITE, STAFF WRITER 

DATELINE: SUFFOLK                           LENGTH:   83 lines

SUIT CLAIMS SCHOOL LEAGUE IS VIOLATING TITLE IX GIRLS SAY SYSTEM FORCES THEM TO CHOOSE ONE SPORT OVER ANOTHER.

Ashley Alston didn't want to have to choose between field hockey and tennis last year when increased enrollment caused Nansemond River High School to move up in sports classification.

Her father maintained she shouldn't have to.

And so began Kevin Alston's battle with the Virginia High School League. His fight intensified Tuesday when the American Civil Liberties Union filed a class-action lawsuit in federal court in Charlottesville on behalf of Ashley Alston and 10 other Nansemond River and Lakeland High girls, charging the league with violating Title IX.

Title IX is the federal law that bars discrimination on the basis of gender in educational institutions.

The suit asks that the league ``immediately cease its discriminatory practices'' and also seeks damages for ``lost opportunities and emotional distress.''

The VHSL, an organization that governs the interscholastic activities of the state's public high schools, has 30 days to respond. A trial could come ``within the year,'' said Debbie Waters of the law firm Rutter and Montagna. Waters is a co-counsel with the ACLU's Mary Bauer in the complaint.

``We believe this is absolutely a clear-cut case of discrimination,'' Waters said. ``They treat the girls differently than the guys.''

The VHSL contends there's nothing discriminatory about the current arrangement.

``Our whole purpose is to encourage participation, and the status quo does that,'' said Ken Tilley, VHSL executive director. ``This is by a small group of people who are affected by reclassification, which is a separate issue. We do not discriminate based on sex.''

At issue is the way sports are aligned in the VHSL's three classifications: Group A (small schools), Group AA (midsize) and Group AAA (large).

Each boys sport is played at the same time of year regardless of classification. Boys tennis, for example, is played in the spring at Group A Windsor, Group AA Tabb or Group AAA Indian River.

In girls sports, however, basketball is a winter sport in Group AAA, a fall sport in Group A and AA. Volleyball, played in the fall among the larger schools, is a winter activity in the smaller classifications. And tennis, a fall sport with Group AAA schools, is a spring sport with all other schools.

Ashley Alston played field hockey in the fall and tennis in the spring at Nansemond River as a freshman. When the Warriors moved into Group AAA the following year, Alston had to give up one sport, field hockey, because the larger schools play both in the fall.

Tabb switched classifications two times in four years, meaning some of its girls had Alston's dilemma twice.

And, Waters said, College of William and Mary rising sophomore Marie Washington, who gave up field hockey for basketball when Liberty High changed classifications, has been told by the Tribe field hockey coach that she would have gotten a scholarship had she continued in the sport. Waters said Washington will be a witness should the case come to trial.

``This isn't just about my daughter,'' said Kevin Alston, an assistant principal at Nansemond River. ``In fact, I have people who come up to me and say, `My daughter isn't in school yet, but I hope you get this taken care of so my daughter won't have to worry about it.' ''

The current alignment of sports is preferred by the vast majority of its membership, said Larry Johnson, VHSL assistant director. For example, the traditional season for basketball is in the winter. But more than three-fourths of the league's Group A and AA schools, citing better facility availability and exposure, prefer playing girls basketball in the fall, Johnson said.

Alston ``has some legitimate concerns, but I'm not sure what the answer is,'' Johnson said. ``When your schools don't want to change, what are you going to do?'' ILLUSTRATION: Photo

JOHN H. SHEALLY\The Virginian-Pilot

Ashley Alston is part of an 11-student gender discrimination

lawsuit.

Ashley Alston played field hockey in the fall and tennis in the

spring at Nansemond River as a freshman. When the Warriors moved

into Group AAA the following year, Alston had to give up field

hockey because the larger schools in that group play both sports in

the fall. Now she's part of a

class-action suit that claims the Virginia High School League is

violating Title IX. KEYWORDS: LAWSUIT DISCRIMINATION TITLE IX