## Facts

- Pam Bowers coached Baylor University’s women’s basketball team beginning in 1979.
- In 1989, she complained internally about unequal treatment and resource allocation between the men’s and women’s basketball programs, including disparities in employment terms.
- She contacted the U.S. Department of Education’s Office for Civil Rights (OCR) in March 1989; Baylor knew of her complaints around that time.
- Baylor initially terminated her employment in 1993, citing alleged NCAA and conference rule violations.
- After she filed complaints with OCR and the Equal Employment Opportunity Commission (EEOC), Baylor offered reinstatement either under her prior terms or under a two-year written contract that she alleged was vague and not open to discussion.
- Bowers continued pursuing discrimination and retaliation complaints with federal agencies after reinstatement.
- In an August 1993 evaluation, Baylor emphasized her win-loss record and stated she needed a winning season.
- In March 1994, Baylor gave written notice of termination effective May 31, 1994, citing her long-term win-loss record.
- Bowers sued Baylor and several administrators solely under Title IX, seeking declaratory and injunctive relief and monetary damages for sex discrimination and retaliation.

## Issues

1. Whether Title IX permits an implied private action for monetary damages by an employee of a federally funded educational institution.
2. Whether Title IX authorizes monetary damages claims against individual administrators or employees who are not federal-funding recipients.

## Decision

- The court denied Baylor’s motion to dismiss as to the Title IX claim against the university, allowing the employee’s discrimination and retaliation claim for damages to proceed.
- The court granted the motions to dismiss the Title IX claims against the individual defendants, dismissing them from the case.

## Legal Principles

- Title IX’s prohibition on sex discrimination in federally funded education programs applies to employees as well as students.
- A private plaintiff may seek monetary damages under Title IX in an appropriate case against the federal-funding recipient.
- Title IX’s remedial and enforcement scheme is directed at the funding recipient institution; individual administrators and employees, as non-recipients, are not personally liable for damages under Title IX.

## Conclusion

The court held that a university employee may pursue a Title IX damages action against the federally funded institution for alleged sex discrimination and retaliation, but Title IX does not support individual-capacity damages liability against administrators or employees who are not funding recipients.


Bowers v. Baylor Univ., 862 F. Supp. 142 (W.D. Tex. 1994)