TIME SENSITIVE: FAIRNESS HEARING SCHEDULED DECEMBER 20, 2010 AT 3:00 p.m.
ATTENTION: ALL CURRENT, PROSPECTIVE, AND FUTURE FEMALE STUDENTS OF DELAWARE STATE UNIVERSITY WHO PARTICIPATE, SEEK TO PARTICIPATE, OR HAVE BEEN DETERRED OR PREVENTED FROM PARTICIPATING IN DELAWARE STATE VARSITY ATHLETICS
PLEASE READ THIS NOTICE CAREFULLY AS IT ADDRESSES A LAWSUIT THAT MAY AFFECT YOUR RIGHTS.
I. INTRODUCTION
The purpose of this notice is to inform you of a proposed settlement in a pending class action lawsuit brought against Delaware State University (“DSU”) on behalf of all present and future female students of DSU (including currently enrolled female students, female students admitted for the 2010-11 academic year, and prospective female students) who participate, seek to participate, or have been deterred or prevented from participating in, or obtaining the benefits of, intercollegiate athletics at DSU. A class-action settlement, which must be approved by the Court, was reached in this class action, which is captioned or otherwise referred to as Foltz, et al. v. Delaware State University, Civil Action No. 10-149 (LPS) (D. Del.), and which is pending in the United States District Court for the District of Delaware (the “Litigation”).
The plaintiff class in the Litigation alleges that DSU violated, and is continuing to violate, Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-88 (“Title IX”) by: (1) failing to provide equitable athletic opportunities for its female students (“Participation Claims”); and (2) failing to provide equal recruitment resources to women’s varsity athletic teams (“Recruitment Claims”).
The proposed settlement (the “Settlement”) resolves these claims.
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