Editorial: Duke let off easy

Two years after the University was assessed punitive damages of $2 million for discriminating against Heather Sue Mercer--a woman who tried out for a position as placekicker on the football team in 1995--based on her gender, the U.S. Court of Appeals has overturned those punitive damages.

Basing their judgment largely on a recent Supreme Court decision, Barnes v. Gorman--which ruled against allowing the assessment of punitive damages under other non-discrimination laws like the Americans with Disabilities Act and the Civil Rights Act of 1964--the court declared that punitive damages could not be awarded to Mercer under Title IX.

Because of the Supreme Court precedent, it is unsurprising the U.S. Court of Appeals ruled as it did, but nevertheless it is somewhat disappointing that the University will not be further punished for its discriminatory policies.

However, the appeals court was perfectly clear that although it was overturning the punitive damage award, it was not overturning the early judgment against Duke that the University indeed was guilty of gender-based discrimination.

Disappointingly, however, the University has yet to admit its guilt and has not apologized for its actions. It should do so as soon as possible.

The importance of Title IX as an institution can hardly be overstated--women and men should both be given an equal shot in athletics, and the most skilled person, whether male or female, should be selected to teams. Fortunately, the University in general complies well with Title IX, in terms of offering scholarships, sports and spending money on women's athletics.

Moreover, the lasting impact of the Mercer case will not be some monetary award, but rather the blemish it placed on the University. There has been intense media attention and the University has had to deal with the embarrassment accompanying the case, in addition to shouldering legal fees. Even though the appeals court has overturned the punitive damages, the University is not escaping scot-free and hopefully it will not put itself into similar situations in the future.