Case 1:09-cv-00885-WTL-WGH Document 144 Filed 10/12/12 Page 1 of 4 PageID #: 2457

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION AMBER PARKER, on behalf of her minor daughter J.L.P., and TAMMY HURLEY on behalf of her minor daughter, C.H., Plaintiffs, v. INDIANA HIGH SCHOOL ATHLETIC ASSOCIATION, et al, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

Cause No. 1:09-CV-0885 WTL-WGH

CONSENT DECREE This Consent Decree (Decree) is made and entered into this 10th day of October 2012 by and between Plaintiffs, AMBER PARKER, on behalf of her minor daughter J.L.P., and TAMMY HURLEY on behalf of her minor daughter, C.H., and their attorneys and the Defendants, Franklin County Community School Corporation, South Dearborn Community School Corporation, Decatur County Community Schools, Lawrenceburg Community School Corporation, Greensburg Community Schools, Sunman-Dearborn Community School

Corporation, Richmond Community Schools, Batesville Community School Corporation, Jennings County Schools, Rush County Schools desiring to settle all matters relating to or arising out of Plaintiffs claims of discrimination and the events alleged in the Complaint filed with the United States District Court, Southern District of Indiana, Cause No. 1:09-CV-0885 WTL-WGH (the Lawsuit), Plaintiffs and the Defendants (collectively referred to herein as the Parties) hereby knowingly and voluntarily agree to the following terms and conditions. 1. Plaintiffs and Defendants agree and understand that this Decree does not

constitute an admission by the Defendants, their affiliates, predecessors, successors, assigns,

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related entities, and any and all of its and their respective past or present employees, board members, officers, directors, partners, insurers, agents, representatives, attorneys, accountants, and actuaries that it or they engaged in any unlawful acts with regard to any of the claims or events alleged in the Lawsuit. Further, Defendants vigorously contest liability and are entering into this Decree solely for the purpose of avoiding additional costs of litigation. Therefore, it is hereby ORDERED, ADJUDGED, and DECREED as follows: I. GENERAL PROVISIONS AND INJUNCTIVE RELIEF 2. Defendants agree to schedule regular season Franklin County Girls Varsity

basketball games on a day when school is not scheduled for the following day (hereinafter prime time) in a gradually increasing manner such that compared to the 2011-2012 Girls schedule: a. There will be at least two more Girls games scheduled in prime time during the 2013-14 school year than were scheduled in 2011-12. b. There will be at least four more games scheduled in prime time during the 2014-15 school year than were scheduled in 2011-12. c. There will be at least six more games scheduled in prime time during the 2015-16 school year than were scheduled in 2011-12. d. During and after the 2016-17 school year, Boys and Girls varsity basketball games at Franklin will be equally scheduled during prime time with a safe harbor for Defendants of not more than a two game differential during prime time. 3. In complying with the requirements of paragraph 2, Defendants may schedule

Saturday afternoon games but to the extent those are scheduled, those will be divided over the

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term of the Decree, plus or minus 1 game, if an odd number of games are scheduled for Saturday afternoon). 4. The Plaintiffs shall execute a separate, complete release of all claims for damages

and attorney fees, except for those attorney fees specifically addressed in paragraph 6 of this Decree. II. REPORTING AND RECORD KEEPING 5. The Defendants will report annually in writing to the Court with a copy to

Plaintiffs counsel to include the next years Boys and Girls schedules and identifying the improvements called for in paragraph 2. The first report will be due May 13, 2013. 6. Unless Plaintiffs seek a court order successfully compelling enforcement of this

Decree due to non-compliance by Defendants, the amount of attorney fees for reporting and recordkeeping that will be owed by Franklin County Schools to Plaintiffs shall be limited to $500 per year. 7. This Decree, and the release of all claims, constitute, the entire agreement

between Plaintiffs and the Defendants and supersedes any previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. The parties agree they will not file with the Court the release of all claims. III. TERMINATION

This Decree will terminate thirty (30) days after the filing of the final report submitted by Defendants on or before May 13, 2017. However, to encourage more prompt action, the

Plaintiffs agree to dissolution of the Decree if the goals contained in paragraph 2 are reached at an earlier date.

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For Plaintiffs: /s/ William R. Groth w/permission William R. Groth, Esq. Fillenwarth Dennerline Groth & Towe LLP 429 E. Vermont Street, Suite 200 Indianapolis, IN 46202 wgroth@fdgtlaborlaw.com /s/ Mark W. Sniderman w/ permission Mark W. Sniderman, Esq. Caplin Sniderman, P.C. 11595 N. Meridian Street, Suite 300 Carmel, IN 46032 mark@caplinlaw.com For Defendants: /s/ Anthony W. Overholt Anthony W. Overholt, Esq. FROST BROWN TODD LLC 201 North Illinois Street, Suite 1900 P.O. Box 44961 Indianapolis, IN 46244-0961 aoverholt@fbtlaw.com APPROVED: Date:

___________________________ William T. Lawrence Judge, United States District Court Southern District of Indiana
INDLibrary1 LR00264.0569349 1079746v1

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