A federal court Monday dismissed the gender discrimination lawsuit filed by Heather Sue Mercer, Trinity '98, against the University and head football coach Fred Goldsmith.
U.S. District Judge Carlton Tilley, Jr., ruled that the University and Goldsmith did not violate Title IX of the Civil Rights Act, which prohibits sex-based discrimination in educational programs-including intercollegiate athletics-that receive federal funding.
Mercer, a former walk-on place kicker, filed a lawsuit in September 1997 alleging that during her attempts to earn a spot on the football team, she was not given full and fair consideration for membership because of her gender.
In addition to the federal suit, Mercer also filed a state claim for negligent misrepresentation and breach of contract. Because Mercer's sole federal claim was dismissed, the federal court declined to exercise supplemental jurisdiction, thereby dismissing Mercer's state claims. She may still pursue these claims in a North Carolina court.
The court ruled that the University had "...no obligation to allow Mercer, or any female, onto its football team." Under Title IX, if an athletic program sponsors a single-sex team that has no comparable counterpart, it must allow members of the excluded sex to try out for that team. Since football is defined as a "contact sport," Title IX does not required athletic programs to include members of the excluded sex in tryouts.
"We are gratified but not surprised by the United States District Court's decision," said John Burness, senior vice president for public affairs.
"[Goldsmith] was happy and he was glad that the system ran its course," said Mike Cragg, director of sports information.
Neither Mercer nor her lawyer, Burton Craige of Raleigh, could be reached for comment Thursday night.
The dismissal came after more than a year of litigation. In her lawsuit, Mercer claimed that her skills were "equal to or superior to" the skills of the other walk-on place kickers when she tried out for the team. As a high school senior she was a third-team All-State selection. As a freshman in April 1995, Mercer kicked the game-winning field goal in the annual Blue-White scrimmage game. But despite these successes, Goldsmith said, Mercer fell well short of other kickers in leg strength, crucial for long-distance field goal attempts. Although all other walk-ons were required to play on scout teams, Mercer never did so because it requires full contact.
But following her Blue-White field goal, Goldsmith indicated to Mercer and to reporters that she had a place on the team.
The football coach later retracted that statement. "I shouldn't have said it," he told The Chronicle in August 1995. "I was carried away at the time. I was speaking more as the father of two daughters than I was as a football coach."
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