Page:Veronica Ollier v. Sweetwater Union High School District (September 19, 2014) US Court of Appeals for the Ninth Circuit.djvu/22

 an institution has recently eliminated a viable team &hellip;, there is sufficient interest, ability, and available competition to sustain a[] &hellip; team in that sport unless an institution can provide strong evidence that interest, ability, or available competition no longer exists.” 1996 Clarification; see also Cohen, 101 F.3d at 180. Castle Park’s decision to cut field hockey twice during the relevant time period, coupled with its inability to show that its motivations were legitimate, is enough to show sufficient interest, ability, and available competition to sustain a field hockey team.

E

We conclude that Sweetwater has not fully and effectively accommodated the interests and abilities of its female athletes. The district court did not err in its award of summary judgment to Plaintiffs on their Title IX unequal participation claim, and we affirm the grant of injunctive relief to Plaintiffs on that issue.

III

We review a district court’s evidentiary rulings, such as its decisions to exclude expert testimony and to impose discovery sanctions, for an abuse of discretion, and a showing of prejudice is required for reversal. See Estate of Barabin v. AstenJohnson, Inc., 740 F.3d 457, 462 (9th Cir. 2014) (en banc); see also United States v. Chao Fan Xu, 706 F.3d 965, 984 (9th Cir. 2013) (exclusion of expert testimony); ''R & R Sails, Inc. v. Ins. Co. of Pa.'', 673 F.3d 1240, 1245 (9th Cir. 2012) (imposition of discovery sanctions for Rule 26(a) and (e) violations).