8th Circuit decides N.D. case Wednesday, August 14, 2024

The 8th Circuit Court of Appeals reversed and remanded in part, but otherwise affirmed the distcit court decsion in Emily Becker v. North Dakota University System on Wednesday, August 14th.

"Four female hockey players filed a lawsuit against the University of North Dakota, alleging that the university violated Title IX by eliminating the women’s ice hockey program after the 2016-17 season. None of the plaintiffs were enrolled at the university at the time of the program's termination. They sought to represent a class of current, prospective, and future female students and requested a declaratory judgment and an injunction to reinstate the women’s hockey program.

The United States District Court for the District of North Dakota dismissed the case for lack of jurisdiction, finding that the plaintiffs did not demonstrate a "concrete" injury as required for standing under Article III.

The United States Court of Appeals for the Eighth Circuit reviewed the case de novo. The court found that two plaintiffs, Calli Forsberg and Maya Tellmann, had standing. Forsberg was recruited to play for the university’s hockey team but chose another school after the program was cut. Tellmann, a two-time state hockey champion, was accepted as a student but had no opportunity to play due to the program's elimination. Both plaintiffs demonstrated a concrete injury by being denied the opportunity to compete for the team of their choice, and they expressed a definite intent to attend the university if the program were reinstated.

The court found that the other two plaintiffs, Emily Becker and Morgan Stenseth, did not allege sufficient facts to establish standing. Becker did not provide details about her qualifications or acceptance to the university, and Stenseth did not express an intent to attend the university in the future.

The Eighth Circuit reversed and remanded the case in part, allowing Forsberg and Tellmann’s claims to proceed, but affirmed the dismissal of Becker and Stenseth’s claims." (Source: https://law.justia.com/cases/federal/appellate-courts/ca8/23-1213/23-1213-2024-08-14.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2024-08-15-us-court-of-appeals-for-the-eighth-circuit-f79a5c288d&utm_content=text-case-read-more-2)

View the decision here: https://media.ca8.uscourts.gov/opndir/24/08/231213P.pdf