FORCE V. PIERCE CITY R-VI SCHOOL DISTRICT 570 F.Supp. 1020 (W.D.Mo. 1983) CASE BRIEF

FORCE V. PIERCE CITY R-VI SCHOOL DISTRICT

570 F.Supp. 1020 (W.D.Mo. 1983)

NATURE OF THE CASE: Nichole Force, (P) was a thirteen-year-old female student who sought an injunction to allow her to compete for a place on the school's eighth grade football team. She sought injunctive relief to overturn a decision by Pierce City R-VI School District (D) that refused her permission to play.

FACTS: Pierce City Junior High School is a public school for seventh, eighth and ninth grades. It is operated by Pierce City R-VI School District (D). D maintains an athletic program at both the junior and senior high school levels. There was no football team for girls, and no volleyball team for boys. Nichole Force (P) was looking forward to trying out for the seventh grade football team. Mrs. Force decided to approach the school authorities to see what might be done. The boys' athletics coach stated that so long as the school administration approved, he would let Nichole participate. Mrs. Force then sought out the appropriate school administrative officials. They advised her that the matter would have to be presented to the Board for its decision. In open public debate, Board members expressed concern over the potential precedent involved in granting the request (e.g., the possibility that boys would wish to participate on the girls' volleyball team, and that high school girls might wish to play on the high school football team), the potential safety risk to a female competing in a contact sport with males, the administrative difficulties that might ensue (arrangements for locker room facilities, etc.), and that local MSHSAA rules, might be violated by permitting co-educational participation in a contact sport. Following that discussion, the Board voted unanimously to deny the request. This suit was instituted. P sought injunctive relief. on October 1, 1982. The 1982 football season was completed. The matter was set for a trial on the merits on August 1, 1983, thus allowing the parties ample time to develop all of the evidence they felt might bear on the troublesome and rather sensitive issues presented.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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