Dear
USTFCCCA Members:
The CEOs
from the track & field / cross country coaches association, the wrestling
coaches association and the swimming coaches association, in conjunction with a
group of attorneys have formed an outside entity recognized as Equity in
Athletics, Inc. As of today Equity in Athletics has filed suit against the U.S.
Department of Education in an effort to stop the reduction of participation
opportunities in collegiate athletics. Below is the copy of the press release
as it relates to the suit filed in the Western District Court of Virginia.
FOR
IMMEDIATE RELEASE
March 20, 2007 -- Roanoke, Virginia -- Equity in
Athletics, Inc. (“EIA”) announced today it has filed a lawsuit in United States
District Court for the Western District of Virginia seeking to set aside the
so-called “three-part test” utilized by the Department of Education (“DOE”) to
determine compliance with Title IX of the Education Amendments of 1972. The
case is Civil Action No. 5:07-0028 before Judge Glen E. Conrad.
EIA’s lawsuit alleges that DOE changed the
Title IX compliance test from the 1975 regulations’ requirement of equal
opportunity, based on the genders’ relative interests, to the three-part test’s
standard of equal participation, based on enrollment. Citing Office of General
Counsel memoranda from DOE’s predecessor, the former
Department of Health, Education & Welfare (“HEW”), EIA’s
complaint
alleges that HEW did not intend the original three-part test in 1979 as binding
or even as a test for Title IX compliance. No court has considered the merits
of HEW’s position in 1979 versus DOE’s
position today.
Since 1996, however, DOE has
treated the three-part test as having the force of law, despite the failure of
HEW and DOE to follow mandatory rule-making procedures to amend the Title IX
regulations. EIA also alleges the three-part test violates the United States
Constitution’s equal protection guarantees on its face and as applied by DOE
and educational institutions, which agree to follow federal standards as a
condition of accepting federal funds.
EIA’s President, John Licata said this
morning: “The three-part test is not faithful to Title IX’s
intent or the regulations that HEW adopted by HEW in 1975 to prohibit
gender-based discrimination in athletics. The unlawful use of the test by the
government over the last decade has resulted in the loss of countless
opportunities for both men and women to participate in athletics. The
elimination of opportunities for men does not expand opportunities for women.
EIA is committed to Title IX’s proper,
nondiscriminatory intent.”
EIA’s litigation was spurred by a decision
announced by
EIA incorporated in February
2007 to support broad-based athletic programs, particularly to preserve all ten
JMU teams scheduled to be cut: men’s and women’s archery and gymnastics,
women’s fencing, and men’s track, cross country, wrestling, and swimming.
Notwithstanding its JMU focus, EIA’s members include
student-athletes, coaches, parents, and alumni from many schools outside the
JMU controversy, including the
“We are particularly grateful
that more than 100 members of the JMU family have contributed to EIA,” said EIA
President Licata, himself a JMU alumnus and former wrestling coach. The world’s
largest supplier of wrestling gear, Brute Wrestling, donated the proceeds of
the Brute Adidas Nationals wrestling tournament, which enabled EIA to get
started. “Although the Brute donation enabled us to get started, we could not
have filed this lawsuit without the support of the entire JMU community,” said
Licata, “The most gratifying support comes from JMU programs not affected by
the planned cuts, such as women’s swimming and track, who have joined to help
save their male teammates.”
Speaking about JMU’s decision, EIA President Licata said “while JMU
students are the biggest victims here, JMU itself is the victim of DOE’s failure to acknowledge what Title IX actually
requires.” Licata added that “JMU has stated publicly its decision to eliminate
the teams was motivated solely by its obligation to comply with Title IX. Given
the legal uncertainty over what Title IX requires, JMU should withhold its
planned cuts, pending the final resolution of this litigation. If not, EIA will
add JMU to the lawsuit as a defendant and seek an immediate order from the
Court to halt the cuts while this case proceeds.”
“The opportunity to
participate in intercollegiate athletics serves an important educational role
not only for the students themselves, but also in developing the next
generation of elementary, middle school, and high school teachers and coaches,”
Licata said. “Over time, eliminating Olympic intercollegiate sports teams has
forced many school districts to replace the traditional teacher-coach with part
time coaches who are not educators and thus often fail to keep scholastic
sports within the educational mission that it should serve.”
EIA’s counsel are
Lawrence J. Joseph (
More information is available
at http://www.equityinathletics.org