Q: Can a parent sue over appearance guidelines for cheerleaders under Title IX in Kansas?
I am a high school cheer coach, and our handbook outlines appearance requirements for cheerleaders, including guidelines for makeup during performances. Recently, a parent expressed issues with these requirements, as outlined by the activities association for the state of Kansas, which states that cheerleaders should look uniform and that tasteful makeup is acceptable but leaves specific requirements to the coach or school. This parent has threatened a civil lawsuit under Title IX. Given these circumstances, is there a potential for a lawsuit, and how should we address this issue?
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A:
Title IX primarily focuses on ensuring equal opportunities in education and athletics, not specifically on appearance guidelines for cheerleaders. The Office for Civil Rights (OCR) has consistently held that traditional cheerleading is not considered a sport for Title IX compliance purposes, which means cheerleading programs are typically classified as student activities rather than athletic programs.
While a parent could attempt to file a lawsuit claiming that appearance requirements constitute sex discrimination, such cases would likely face significant challenges. Most lawsuits involving cheerleaders tend to fall into categories of sexual harassment rather than appearance regulations. Your best approach would be to review your handbook requirements to ensure they serve legitimate educational or safety purposes and aren't unnecessarily restrictive or based on gender stereotypes.
Consider meeting with the concerned parent to discuss their specific objections and work toward a compromise that addresses their concerns while maintaining appropriate standards. You might also consult with your school's legal counsel or activities director to review the guidelines and ensure they align with other school policies. If the Kansas activities association already provides some framework for appearance standards, highlighting this official guidance could help demonstrate that your requirements are reasonable and consistent with accepted practices.
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