BILL REQ. #: S-4785.2
| State of Washington | 60th Legislature | 2008 Regular Session |
READ FIRST TIME 02/08/08.
AN ACT Relating to prohibiting discrimination on the basis of sex in public community athletics programs; adding new sections to chapter 49.60 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.61 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.68 RCW; adding a new section to chapter 36.69 RCW; and adding a new section to chapter 43.110 RCW;
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Community athletics program" means any athletic program that
is organized for the purposes of training for and engaging in athletic
activity and competition and that is in any way operated, conducted,
administered, supported, or enabled by a city, town, county, district,
or public school district other than those offered by the school and
created solely for the students by the school.
(2) "District" means any metropolitan park district, park and
recreation service area, or park and recreation district.
(3) "Park and recreation facilities and resources" include park
facilities, athletic fields, athletic courts, gymnasiums, recreational
rooms, restrooms, concession stands, and storage spaces; lands and
areas accessed through permitting, leasing, or other land use
arrangements, or otherwise accessed; sports and recreation equipment;
devices used to promote athletics such as scoreboards, banners, and
advertising; and the expenditure of moneys in conjunction with
athletics.
NEW SECTION. Sec. 2 (1) No city, town, county, or district may
discriminate against any person on the basis of sex in the operation,
conduct, or administration of community athletics programs for youth or
adults or in the allocation of park and recreation facilities and
resources that support these programs. It shall be the policy of
cities, towns, counties, districts, and public school districts to
authorize or grant permits or other permissions to third parties for
the use of such facilities or resources for community athletics
programs if the third party's program does not discriminate against any
person on the basis of sex.
(a) In civil actions brought under this section or under other
applicable antidiscrimination laws alleging discrimination in community
youth athletics programs, courts shall consider the following factors,
among others, in determining whether discrimination exists:
(i) Whether the selection of community athletics programs offered
effectively addresses the athletic interests and abilities of both
males and females;
(ii) The provision of money, equipment, and supplies;
(iii) Scheduling of games and practice times;
(iv) Opportunities to receive coaching;
(v) Assignment and compensation of coaches and game officials;
(vi) Access to lands and areas accessed through permitting,
leasing, or other land-use arrangements, or otherwise accessed;
(vii) Selection of the season for a sport;
(viii) Location of the games and practices;
(ix) Locker rooms;
(x) Practice and competitive facilities;
(xi) Publicity; and
(xii) Officiation by umpires, referees, or judges who have met
training and certification standards.
(b) Certification of nondiscrimination shall be provided by the
third-party contractor.
(c)(i) If the city, town, county, district, or public school
district determines that the third-party contractor has failed to
comply with this section, the contractor shall be required to prepare
and submit a corrective plan and timeline for full implementation prior
to receiving any future permits or leases.
(ii) If the city, town, county, district, or public school district
determines that the corrective plan prepared adequately addresses and
provides for future compliance with this section, the plan and
implementation timeline shall be approved and future permits or leases
may be issued under the stipulation that the corrective plan shall be
implemented according to the timeline provided.
(2) It is the intent of the legislature in enacting this section
that participants shall be accorded opportunities for participation in
community athletics programs on an equal basis, both in quality and
scope, regardless of the sex of the athletes.
(3) A court may find that a violation of a single factor listed in
subsection (1)(a) of this section constitutes unlawful discrimination
if the resulting harms are so substantial as to deny equal
participation opportunities in community athletics programs to athletes
of one sex.
(4) In making the determination under subsection (1)(a)(i) of this
section, a court shall assess whether the community athletics program
has effectively addressed the athletic interests and abilities of both
males and females in any one of the following ways:
(a) By showing that the community athletics program opportunities
for both males and females are provided in numbers substantially
proportionate to their respective numbers in the community;
(b) Where the members of one sex have been and continue to be
underrepresented in community athletics programs, by showing a history
and continuing practice of program expansion and allocation of
resources that are demonstrably responsive to the developing interests
and abilities of the members of that sex;
(c) Where the members of one sex are underrepresented in community
athletics programs, by demonstrating that the interests and abilities
of the members of that sex have been fully and effectively addressed by
the present program and allocation of resources.
(5) Each city, town, county, or district operating a community
athletics program or issuing permission to a third party for the
operation of such program on its facilities shall designate at least
one employee to coordinate its efforts to comply with and carry out its
responsibilities under this section, including the investigation of any
written complaints alleging noncompliance with this section. The
employee designated under this subsection may be the same person
designated to issue permits to third-party contractors.
(6) Each city, town, county, or district operating a community
athletics program or issuing permission to a third party for the
operation of such program on its facilities shall adopt and publish
grievance procedures providing for prompt and equitable resolution of
written complaints, including complaints brought by a parent or
guardian on behalf of her or his minor child who is a participant in a
community athletics program, alleging any action that would be a
violation of this section. Public school districts issuing permission
to a third party for the operation of a community athletics program on
its facilities shall also follow the provisions of this subsection and
may modify and use existing school district policies and procedures to
the extent that is possible.
(7) This section shall not be construed to invalidate any existing
consent decree or any other settlement agreement entered into by a
city, town, county, or district to address equity in athletic programs.
(8) This section and any ordinances, regulations, or resolutions
adopted pursuant to this section by a city, town, county, district, or
public school district may be enforced against a city, town, county,
district, or public school district by a civil action for injunctive
relief or damages or both, including reasonable attorneys' fees and
costs to the prevailing party. These remedies shall be independent of
any other rights and remedies.
NEW SECTION. Sec. 3 A new section is added to chapter 35.21 RCW
to read as follows:
The antidiscrimination provisions of section 2 of this act apply to
programs and facilities operated under this chapter.
NEW SECTION. Sec. 4 A new section is added to chapter 35.61 RCW
to read as follows:
The antidiscrimination provisions of section 2 of this act apply to
programs and facilities operated under this chapter.
NEW SECTION. Sec. 5 A new section is added to chapter 35A.21 RCW
to read as follows:
The antidiscrimination provisions of section 2 of this act apply to
programs and facilities operated under this chapter.
NEW SECTION. Sec. 6 A new section is added to chapter 36.68 RCW
to read as follows:
The antidiscrimination provisions of section 2 of this act apply to
programs and facilities operated under this chapter.
NEW SECTION. Sec. 7 A new section is added to chapter 36.69 RCW
to read as follows:
The antidiscrimination provisions of section 2 of this act apply to
programs and facilities operated under this chapter.
NEW SECTION. Sec. 8 A new section is added to chapter 43.110 RCW
to read as follows:
A work group is established to study reporting guidelines that will
enable effective compliance monitoring of community athletics programs
in order to accomplish the intent of section 2 of this act. The work
group shall also study appropriate alternate or additional remedies for
violations of this section. The appropriate committees of the house of
representatives and the senate shall convene the work group which shall
consist of interested stakeholders including: Representatives from
cities, towns, counties, districts, school districts, gender equity
support groups, and third-party community athletics programs that
contract to use municipal facilities and resources. The work group
shall submit a report of its findings to the appropriate committees of
the legislature by September 1, 2009.
NEW SECTION. Sec. 9 Sections 1 and 2 of this act are each added
to chapter