A coalition of student athletes, coaches, parents, and fans (Equity in Athletics Inc.) challenged a decision at James Madison University to eliminate seven men’s and three women’s sports teams in order to bring the athletic program into compliance with Title IX, which prohibits sex discrimination in “any education program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681. The Fourth Circuit Court of Appeals unanimously affirmed the dismissal of the lawsuit. Equity in Athletics Inc. v. Department of Educ., No. 10-1259 (4th Cir. Mar. 8, 2011).
Title IX does not expressly address intercollegiate athletics, but the Department of Education has issued regulations which provide that an aid “recipient which operates or sponsors interscholastic, intercollegiate, club or intramural athletics shall provide equal athletic opportunity for members of both sexes.” 45 C.F.R. § 86.41(c).
In 1996 JMU eliminated 10 athletic teams to bring its sports program into compliance with Title IX. JMU based its decision to make the cuts in part by looking at the ratio of women in the undergraduate student body compared with female varsity intercollegiate athletes at the school. The cuts resulted in a female athletic participation rate which more closely reflected female student enrollment. JMU considered, but found unacceptable, other means of complying with Title IX.
The Fourth Circuit rejected EIA’s arguments that the use of proportionality criteria violated Title IX and the U.S. Constitution by observing that Title IX expressly allows regulators to consider statistics when defining and measuring equity and that EIA had misconstrued DOE guidance as a mandatory disparate impact standard.
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