A lawyer investigating a September 2024 confrontation between girls' volleyball and boys' basketball coaches and players at Richmond (Ind.) High School has determined there was no discrimination toward the girls in terms of their access to the school gym.
The attorney, hired by the school system, found it to be a communication scheduling challenge more than intended unequal treatment based on sex.
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A lawyer investigating a September 2024 confrontation between girls' volleyball and boys' basketball coaches and players at Richmond (Ind.) High School has determined there was no discrimination toward the girls in terms of their access to the school gym.
The attorney, hired by the school system, found it to be a communication scheduling challenge more than intended unequal treatment based on sex.
As reported by Western Wayne News, several school board members expressed displeasure about some adults’ roles in the incident, raised questions about a Richmond Community Schools administrator also tasked with extracurricular responsibilities and called it "a teachable moment" that should prompt more communication before scheduling changes are made.
At their Feb. 26 meeting, RCS board members heard attorney Jonathan Mayes from Indianapolis-based Bose McKinney & Evans LLP summarize his investigation into Title IX complaints regarding the Sept. 24 incident.
Related: HS Volleyball Coach on Leave In Dispute With Basketball Team Over Gym Time
During his investigation, Mayes completed interviews with coaches and the athletic department and reviewed dozens of written statements, emails, texts and schedules, and video footage of the incident, Millie Martin Emery of Western Wayne News reported.
Per the Western Wayne News report:
Mayes examined RHS’ process to schedule practice locations and times on via the publicly visible Eventlink software platform.
Coaches communicate their proposed practice schedules and locations about a month before their season, often verbally and often to Assistant Athletic Director Rachel Etherington. Time and dates are entered into Eventlink.
While all coaches, assistant coaches and athletic department staff can view schedules in Eventlink, three people could make changes: Athletic Director Robert Lee and assistant athletic directors Etherington and Billy Wright, who also coaches boys basketball. As facilities director, Lee must approve changes.
However, Mayes found a “software challenge”: Pending changes could be added onto the calendar before Lee’s acceptance.
Basketball and volleyball teams regularly use both the auxiliary gym and Tiernan Center throughout their seasons.
In July, volleyball players used the auxiliary gym at coach Darrell Morken’s request. On three July dates, they used both gyms. For August and September, they were scheduled from 4-6 p.m. weekdays in Tiernan Center. Volleyball was the only indoor in-season sport at that time.
However, on Aug. 30, Morken texted Etherington a request to change volleyball’s practice from Tiernan to the auxiliary gym.
During his interview, Morken told Mayes the auxiliary gym is preferred early in the season for attacking or hitting drills so they didn’t have to chase balls so far, but Tiernan was preferred when transitioning to game strategy.
Mayes said no one could identify if Morken’s reasons had been communicated to athletic department staff.
Boys basketball was allowed to begin limited contact practices on Sept. 2. Wright suggested to Lee that he preferred using the larger gym because limited contact practices have more students. Lee agreed, and that change was input for Sept. 10.
That change was made without input from volleyball coaches, and Lee acknowledged that shortcoming during his interview, Mayes said.
Mayes said the Eventlink change was only for Sept. 10. On that date, girls asked athletic directors why they’d been moved to the auxiliary gym, and they were told that Morken had requested the change, referring to the text message.
Once that got back to Morken, he and Lee spoke. Neither remember much from the conversation, Mayes said. Morken recalled vaguely relaying concerns, and Lee recalled ending the meeting early because of escalating emotions.
On Sept. 17, girls didn’t use either gym because they had a game. Before noon Tuesday, Sept. 24, Morken received an Eventlink message that volleyball would be using the auxiliary gym.
Volleyball players arrived for their practice at Tiernan, but found boys basketball already playing and saw their taped lines in the auxiliary gym removed. Rumors circulated that basketball players had removed them, but it was later discovered they’d been mistakenly pulled during routine cleaning.
Coaches went to the athletic department offices to speak with Lee, and witnesses noted loud exchanges. Confusion reigned between the teams before Morken ended volleyball’s practice and Lee turned off the lights.
According to Martin Emery, after hearing Mayes’ report, board member John Weber said he believes several adults failed the students, because there were many opportunities when one could have made a different decision that would have alleviated the situation. Employees need to focus daily on whether they’re providing the best opportunities for students instead of making their jobs easier or more convenient, he said.
Mayes said RCS could reevaluate how schedules are set, how changes to schedules are decided and communicated, and how conflicts should be handled and what professional standards should be expected in those moments. Mayes said he doesn’t condone the actions leading up to or during these events, and they might be subject to a different standard than a Title IX concern that the board could still consider, Martin Emery reported.
