District facing decision P'burg in Title IX investigation. Officials must decide whether to release internal review. Thursday, April 12, 2007 • By DANIEL HAUSMANN • The Express-Times If the Phillipsburg School District decides not to release an internal review of alleged inequities among school athletes, it needs to explain how the disclosure would damage the public, according to a media attorney. New Jersey Press Association attorney Tom Cafferty said Wednesday that under state law the district can withhold a report prepared by the Stier Anderson law firm if there is an ongoing investigation and if the release somehow damages the public. The school board was given copies of the Stier Anderson report late last week. The firm was paid $60,000 so far to review allegations that female athletes do not receive the same opportunities as male athletes. On Tuesday night, the school board adjourned a public meeting to discuss the report behind closed doors. The Express-Times has filed an Open Public Records Act request for the 100-plus-page report. Reached by phone Wednesday, board Attorney Don Morrow said he is still reviewing the request and evaluating whether the document should be released. The school district has until Monday to respond. Tim Blanchard of the U.S. Department of Education's Office for Civil Rights said Wednesday his agency's investigation into Phillipsburg athletics is ongoing. Should the district reject the OPRA request, Cafferty said the school has to explain why the document would be damaging. Cafferty said that kind of an exemption is typically used in public health board cases. The school district has been the subject of a federal investigation into 32 alleged Title IX violations. Title IX is a federal law that requires equality in educational and, in this case, athletic programs at public schools. Superintendent Gordon Pethick said the district hired Stier Anderson when an internal complaint was filed. Around the same time, the district got word the federal government was conducting an investigation. Allegations of preferential treatment for Phillipsburg High School's top-ranked football team are at the core of the federal complaint. Most of the allegations involve perks given to the high school football team but not to female athletes. Among them: football players were given free game-day breakfasts, post-game parties in the school, shirts, rings and jackets. The complainant alleged football players were provided SAT tutoring and allowed to practice during the school day, benefits that were not given to female athletes. The OCR is keeping the complainant's name secret, citing privacy concerns. School board members and the administration were mum about the report Tuesday night and referred questions to Morrow. Board President Paul Rummerfield acknowledged there are Title IX issues that the report outlined. He said the district will take action to address that. OCR spokesman Jim Bradshaw said most cases end with a voluntary compliance agreement worked out. Reporter Daniel Hausmann can be reached at 610-258-7171 or by e-mail at dhausmann@express-times.com. © 2007 The Express-Times. Used with permission.