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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)

Citation
Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)
Parent Document
Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)
Effective Date
2010-02-08

Other Sections in This Document (68)

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summary judgment. UCD’s subsequent decision to permit women to com-
pete against men for a slot on the team does not affect our analysis. By
requiring women to prevail against men, the university changed the condi-
tions under which women could participate in varsity wrestling in a man-
ner that foreseeably precluded their future participation.
   UCD’s contention that it “ha[d] not declared wrestling to be a contact
sport” does not advance its position. First, wrestling is a contact sport
under OCR regulations. 34 C.F.R. § 106.41(b). While women must be per-
mitted to try out for all-male teams if there is no women’s team in that
sport, this requirement is waived for contact sports. Id. But the contact-
sport “exemption did not give [UCD] license to discriminate against [the
plaintiffs] because of their sex once [UCD] decided to allow [them] to join
the team.” Mercer v. Duke Univ., 401 F.3d 199, 202 (4th Cir. 2005) (cita-
tion omitted).
        MANSOURIAN v. REGENTS OF UNIVERSITY       OF   CALIFORNIA 2231
elimination is offset by a strong history of program expansion.
In UCD’s case, however, the elimination of women’s wres-
tling opportunities occurred in the context of a women’s ath-
letics program that was, at best, stagnant. We therefore hold
that UCD has not had a history of program expansion for
women and so did not satisfy Option Two through such a his-
tory.