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FOR IMMEDIATE RELEASE EIA to Sue JMU to Stop CutsUniversity's Board of Visitors Declines to Postpone CutsApril 4, 2007 -- Roanoke, Virginia -- Equity in Athletics, Inc. ("EIA") announced today that it will amend its complaint against the federal Department of Education to include James Madison University ("JMU") and its administrators as defendants and will ask Judge Glen E. Conrad of the U.S. District Court for the Western District of Virginia to enjoin JMU from going through with the cuts. By letter dated March 23, 2007, EIA offered JMU the opportunity to avoid litigation while EIA's suit against the federal government determined the lawful Title IX standard for Virginia and the Fourth Circuit. Because JMU's response dated April 2, 2007, did not provide a clear answer to EIA's letter, EIA asked for clarification on April 3. 2007. JMU's response today clearly rejects any solution short of litigation. "As a group with two hundred members from the JMU family, we regret that JMU has left us no choice but litigation," said EIA president John Licata. "Before EIA amends its complaint to include JMU, our legal team needs to work with EIA members -- affected students, parents, alumni, and coaches -- to prepare affidavits and other materials needed to enjoin the cuts." he added. The Fourth Circuit, which includes Virginia, West Virginia, Maryland, and the Carolinas, has not ruled on the Title IX standard that applies to schools within its jurisdiction. 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 notices and memoranda in 1979, 1996, 2003, and 2005, however, the federal government purports to have created a rival standard of equal participation, based on enrollment. This new federal standard does not require schools to assess students' relative interests. EIA argues that those post-1975 actions were both procedurally and substantively illegal. Procedurally, the federal government never commenced the rulemaking that federal law would require to amend the 1975 regulations. Although courts in other jurisdictions have relied on the enrollment-based standard, no court has ever considered the merits of EIA's argument that the those post-1975 actions purport to change the Title IX standard without the required rulemaking. If the Court upholds the original 1975 regulations, JMU's planned cuts are illegal under Title IX. Moreover, and regardless of whether these agency memoranda somehow amended the Title IX regulations, EIA also argues that the planned cuts violate the Equal Protection Clause of the U.S. Constitution. The federal government has acknowledged that its Title IX guidance does not apply to the Equal Protection Clause. 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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