In what is rapidly becoming the rule, rather than the exception, a group of female student athletes at Slippery Rock University has sued the university, pursuant to Title IX, after the university shuttered three women’s athletic programs.
While on the surface it may look like SRU sought to comply with the gender equity law by closing down five men’s programs and only three women’s programs, the female student athletes, representing the water polo, swimming and field hockey programs, have a different perception and are seeking a temporary restraining order that would halt the “dismantling” of the programs.
The plaintiffs, with the help of the Women’s Law Project, filed the suit in the Western District of Pennsylvania on May 11. In addition to the 12 female student athletes, they are also joined by a male coach of the water polo team.
The impetus for the lawsuit was the university’s decision in January to eliminate eight sports programs and save approximately $350,000. In addition to the women’s programs, the university also announced it would cut five men’s sports – swimming, water polo, golf, wrestling and men’s tennis.
The plaintiffs contend that SRU “fails to meet Title IX’s accommodation of interests and abilities requirement because it fails to: (a) offer women opportunities to participate in intercollegiate athletics substantially proportionate to the number of women enrolled full-time, or (b) continually expand athletic participation opportunities for women in response to their interests and abilities, or (c) fully and effectively accommodate the interests and abilities of women currently enrolled.”
The plaintiffs went on to note that “each of the soon-to-be eliminated women’s teams is and has been a viable team, with more than enough student interest to field competitive teams.”
Further, “the elimination of these teams will perpetuate and increase the existing inequality of athletic opportunity offered to Slippery Rock’s female students.” This could refer to the fact that women comprise 54 percent of the 6,883-person student body, and thus should own an equal percentage of the athletic scholarships.
Interestingly, the plaintiff veered away from the cut and dried argument around equity to highlight the emotional suffering, which Title IX would not protect against:
“Plaintiffs will suffer irreparable injury as a result of the elimination of the three women’s teams. Those who remain at Slippery Rock will have to give up an integral component of their college experience and will be forever denied the opportunity to participate in intercollegiate-level swimming, water polo, and/or field hockey. Those who seek to transfer will face the uncertainty of admission, risk losing academic credits and may be required to attend college for an additional period of time to complete their degrees. Furthermore, they face uprooting the lives they have established at Slippery Rock. Money damages cannot adequately compensate plaintiffs for their loss.”
That said, SRU is already considering ways to end any costly litigation.
Ross Feltz, SRU’s director of public relations, recently told the Pittsburgh Post-Gazette after the suit was filed that the university is considering reinstating field hockey. Reinstating the water polo and swimming would be more problematic, since the university’s pool is in need of major renovations costing more than $1 million, according to Feltz.
“We believe we will accelerate progress enough to be in absolute compliance with Title IX,” he said.
