NORTH DAKOTA UNIVERSITY SYSTEM

Judge dismisses latest Title IX lawsuit about University of North Dakota women’s hockey team

Joe Banish — Wed, 11 Jan 2023 20:25:20 GMT

GRAND FORKS — A federal judge has dismissed a lawsuit filed by four North Dakota women, alleging that UND violated their Title IX protections by eliminating its women’s hockey team.

Judge Peter D. Welte, chief justice of the U.S. district court for North Dakota, sided with NDUS attorneys, dismissing the suit on the basis of lack of jurisdiction.

The former high school hockey players — Emily Becker, Calli Forsberg, Morgan Stenseth and Maya Tellmann — from Devils Lake (N.D.) and Grand Forks Red River high schools, claimed that UND failed to uphold its Title IX obligations, a federally funded initiative designed to prevent gender-based discrimination in institutions of higher education.

The players claimed UND’s elimination of its women’s hockey program following the 2016-17 season adversely impacted their education and hockey careers by leading them to attend universities elsewhere.

Court documents say Forsberg, specifically, was recruited to play for the Fighting Hawks in 2016, but had her offer rescinded the following year when UND eliminated its women’s hockey team. She eventually enrolled at Bemidji State University, and competed for its women’s hockey team.

According to court documents the defendant, the North Dakota University System, argued the plaintiffs do not have legal standing to file a Title IX complaint against UND, due to the fact that none of the four women currently attend the university. In his ruling, Welte said the players' claims of malfeasance against UND and NDUS is "conjectural and hypothetical, and thus insufficient to hold legal standing."

UND spokesman David Dodds said the university received notice of Welte's ruling on Monday.

"UND is committed to Title IX, and has always maintained that our actions were in compliance," Dodds said in a statement emailed to the Herald on Tuesday. "UND is pleased with the Court’s decision."

Another separate lawsuit involving the women's hockey team was dismissed in December 2021. A lawyer representing the former UND players moved to voluntarily dismiss the case then. That lawsuit was dismissed “without prejudice,” meaning another suit could be filed in the future.

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University of North Dakota women's hockey lawsuit should be reviewed again, Eighth Circuit court says

Brad Elliott Schlossman — Tue, 10 Aug 2021 20:53:52 GMT

GRAND FORKS -- Two years after being dismissed, a lawsuit filed against the North Dakota University System involving the now-shuttered UND women’s hockey team seems to have new life.

The U.S. Court of Appeals for the Eighth Circuit reversed a decision made in 2019 by the North Dakota District Court to dismiss a discrimination lawsuit filed by a group of former UND women’s hockey team members.

The Eighth Circuit’s decision sends the case back to the North Dakota District Court for further review.

“After the University of North Dakota cut its women’s ice hockey team — but not its men’s ice hockey team — the former players sued the university system for violating Title IX, the ban on sex discrimination at federally-funded institutions. ... The district court granted the University’s motion to dismiss for failure to state a claim. We reverse,” Judge David R. Stras wrote.

The lawsuit, which claimed UND violated Title IX when it cut the women’s hockey program in 2017, was dismissed in federal court in June 2019 by Judge Daniel Hovland. Title IX ensures no person shall, on the basis of sex, be excluded from participating in or be denied the benefits of a program or activity that receives federal financial assistance.

The Herald previously has reported that the goal of the suit was to reinstate the women’s hockey team; the players were not seeking financial damages outside of covering court costs. The lawsuit claimed UND violated Title IX through the selection of sports and level of competition.

The appeal was filed in October 2020.

The Eighth Circuit decision rests heavily on the district court’s reasons for dismissing the complaint, including the district court’s interpretation of Title IX compliance. The 24-page court document dives deep into differences between a 1979 and a 1996 interpretation of compliance.

“Ultimately, we conclude that the district court’s primary reasons for dismissing the complaint rested on an incorrect view of the law,” the court document said. “... But given a level playing field, or in this case, a properly smoothed ice rink, the athletes may be able to state an actionable Title IX claim.”

Eighth Circuit appeal - UND Women's hockey by inforumdocs on Scribd

In a statement Tuesday evening, the university said: the opinion by the Eighth Circuit "does not reach the substance" of the university's "decision to eliminate its women’s hockey team" in 2017.

"The court did not suggest that UND’s decision was wrong, but rather relied upon a narrow textualist rationale in reversing the District Court. We remain confident that UND’s decision will ultimately be upheld. UND’s actions were legally permissible and were in the best financial interests of the University," the statement said.

A message left for the attorneys for the eight plaintiffs – former players Breanna Berndsen, Kristen Campbell, Charly Dahlquist, Taylor Flaherty, Ryleigh Houston, Anna Kilponen, Rebekah Kolstad, Sarah Lecavalier, Alyssa MacMillan, Annelise Rice and Abigail Stanley – wasn’t immediately returned.

While hockey has long been a prominent program on campus for the men – UND has won eight NCAA national championships and sent more than 100 players to the NHL – it didn’t have a women’s program until 2002.

It was launched a year after Ralph Engelstad Arena opened, but lasted just 15 seasons. The school eliminated it in 2017 due to budget cuts under former President Mark Kennedy.

The women’s hockey program had a rocky start in its first few years playing in the powerful Western Collegiate Hockey Association, but eventually began attracting some of the world’s best players under coach Brian Idalski, who will coach the Chinese Olympic Team in February.

UND reached two NCAA tournaments in 2012 and 2013, coming within a goal of the NCAA Frozen Four in 2013.

The program also produced 10 Olympians. Grand Forks natives Jocelyne and Monique Lamoureux were the most prominent. The twin sisters led the United States to Olympic gold in 2018 and Olympic silver in 2010 and 2014.

Three other former UND players have won Olympic medals. Michelle Karvinen won two bronze medals with Finland in 2010 and 2018, while Susanna Tapani and Emma Nuutinen joined Karvinen on the 2018 bronze medal-winning Finnish squad.

Other Olympians were Finland’s Anna Kilponen and Vilma Tanskanen, Germany’s Tanja Eisenschmid and Susanne Fellner and Sweden’s Johanna Fallman.

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Minnesota universities mandate masks, North Dakota officials undecided

Jeremy Turley — Tue, 03 Aug 2021 13:36:28 GMT

BISMARCK — Several universities in Minnesota will begin requiring masks on campus to mitigate the spread of COVID-19, but North Dakota higher education officials haven't yet decided on the issue.

The University of Minnesota announced Monday, Aug. 2, it will require all students, staff and visitors to wear masks indoors at its five campuses starting Tuesday. The Minnesota State public college system said last week face coverings will be required at campuses located in counties with higher levels of COVID-19 transmission, though many of the system's 37 campuses lie in areas with low rates of spread.

The North Dakota State Board of Higher Education could issue a mask requirement for North Dakota’s 11 public colleges and universities, however the board left decisions on masks last year to officials at each institution, and a localized approach is the most likely outcome this time around, university system spokeswoman Billie Jo Lorius said.

A panel of North Dakota college presidents and health experts has recently formed to determine how to safely start the semester later this month, but officials are waiting to see how the highly infectious delta variant of COVID-19 will affect the state, Lorius noted.

Recommendations from the U.S. Centers for Disease Control and Prevention call for indoor mask-wearing in the Twin Cities, Fargo, Bismarck, Minot and much of western North Dakota due to "high" or "substantial" levels of COVID-19 transmission.

The rapid spread of the delta variant in recent weeks has prompted local and state officials to readdress the contentious issue of mask mandates. As of Monday, nearly 60% of the nation's counties are deemed to have "high" levels of viral transmission, according to the CDC.

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As South Dakota universities make changes to academic calendar, North Dakota, Minnesota systems weigh options

Sydney Mook — Thu, 04 Jun 2020 21:03:42 GMT

GRAND FORKS -- As South Dakota universities prepare to make changes to their academic calendars due to the COVID-19 pandemic, North Dakota and Minnesota university systems are discussing how best to keep students, faculty and staff safe in the fall.

In an effort to reduce travel, South Dakota’s six public universities -- Black Hills State University, Dakota State University, Northern State University, South Dakota �� of Mines & Technology, South Dakota State University and University of South Dakota -- will begin their fall semester Aug. 19 and conclude classroom instruction by Thanksgiving, the South Dakota Board of Regents reported Wednesday, June 3.

The Aug. 19 date is three days earlier than originally scheduled. Instead of returning to campus after the Thanksgiving recess Nov. 25-29, students will complete their final exams remotely.

“The goal is to maintain the academic calendar while being mindful of public health,” Regents President John W. Bastian said in a statement. “Our university presidents recommended this adjustment to reduce student travel to and from campus. Everyone is looking for ways to successfully operate during a global pandemic and avoid the spread of this coronavirus wherever possible.”

Additionally, in order to provide for required instructional time in a condensed semester and to further reduce travel, three holidays — Labor Day, Native American Day, and Veterans Day — will become class days. With classes in session on those dates, universities will plan programming to appropriately recognize the holidays. Employees will be given time off in lieu of these holidays later in the year.

After the Thanksgiving holiday, students have two non-class days available as they prepare for final exams Dec. 2-8. All university campuses plan to be closed between Christmas and New Year’s Day to facilitate deep cleaning and other preparations for the spring semester.

Pandemic planning is underway on all campuses, with additional details and protocols to be announced.

No decision in ND

The North Dakota University System has not made a decision on whether it will move its fall calendar yet. ��s in the NDUS are set to start on the evening of Aug. 24 with the first full day on Aug. 25. The university system recently launched its “smart restart” plan, which looks to give flexibility to campuses to make the best decisions for students, faculty and staff.

There have been extensive discussions about what the fall semester will look like at the University of Minnesota system. However, no final decisions have been made in regards to fall semester and its schedule, but fall planning is expected to be a topic of discussion at next week's Board of Regents meetings.

The system has started a Fall 2020 Scenarios Advisory Team, which first met at the end of April. The team includes public health experts, academic leaders and operational representatives from across the system. The team is focusing on five key areas of the system's academic life: classrooms/study spaces/libraries; labs/studios; housing/dining; rec centers/student unions/events/student groups; outreach/engagement.

Minnesota sticks to plan

At this time, the Minnesota State system has no plans to change its academic calendar, according to Doug Anderson, director of communications and media for the system, who said the system will “of course, adapt as necessary according to guidance provided by the CDC and the Minnesota Department of Health to safely serve our students and continue to provide an extraordinary education.”

“Every one of the 30 colleges and seven universities of Minnesota State will be open in the fall and ready to welcome students and will offer a mix of on-campus and online courses reflecting how each institution can best support its students and their success,” he said in an email.

Classes start on Aug. 24 for Minnesota State system campuses.

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