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FOR IMMEDIATE RELEASE EIA Asks JMU to Postpone CutsBoard of Visitors Scheduled to Meet on March 30, 2007March 28, 2007 -- Roanoke, Virginia -- Equity in Athletics, Inc. ("EIA") announced today it formally has asked James Madison University ("JMU") to postpone its plans to eliminate ten athletic teams. JMU's Board of Visitors has a previously scheduled meeting on March 30, 2007. In its present form, EIA's lawsuit is captioned against the U.S. Department of Education, not JMU. EIA argues that the 1975 Title IX regulations create an equal-opportunity standard, based on interest, with schools' having the obligation to assess the interest of both genders. In a series of actions in 1979, 1996, 2003, and 2005, however, the federal government has created a rival standard of equal participation, based on enrollment. EIA argues that the post-1975 actions were both procedurally and substantively illegal. Under EIA's interpretation of the regulations, JMU's planned cuts are illegal. "We have put JMU on notice that its planned cuts violate Title IX and the U.S. Constitution," EIA’s President, John Licata, said this morning, "so we hope that JMU will decide to do the right thing and postpone the cuts." EIA will keep the substance of its communications with JMU confidential, unless and until it becomes necessary to sue JMU to save the ten teams (men’s and women’s archery and gymnastics, women’s fencing, and men’s track, cross country, wrestling, and swimming). If it joins JMU as a defendant, EIA plans to ask Judge Glen E. Conrad to issue a preliminary injunction to stop the cuts until the EIA litigation establishes the Title IX standard in the Fourth Circuit, which includes Virginia, West Virginia, Maryland, and the Carolinas. "Several press accounts have compared this litigation with a previous suit filed by the National Wrestling Coaches Association in the District of Columbia," said Larry Joseph, one of EIA's attorneys. "The DC Circuit did not reach the merits of NWCA's Title IX dispute. Instead, the court dismissed the NWCA litigation because the plaintiffs there did not establish that independent parties not before the court -- meaning schools -- would change their behavior if NWCA won against the Department of Education," said Joseph. "The key difference here is that JMU either will announce that it will postpone the cuts during the litigation, or JMU will not be an independent party not before the court," he added. EIA’s counsel are Lawrence J. Joseph (Washington, D.C.), Douglas G. Schneebeck (Albuquerque, New Mexico) and Thomas H. Miller (Roanoke, Virginia). Schneebeck is a graduate of James Madison University, and was the captain of JMU’s 1982 track and field squad. Men’s track is among the sports set for elimination by JMU. Media inquiries should be directed to John Licata (703-925-2021) and Doug Schneebeck (505-848-1869). More information is available at http://www.equityinathletics.org For More Information Contact: |
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