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FOR IMMEDIATE RELEASE EIA Appeals Denial of Preliminary InjunctionDistrict Court Denied Injunction on August 21Roanoke, Virginia -- On September 12, 2007, Equity in Athletics, Inc. ("EIA") appealed U.S. District Court Judge Glen E. Conrad's denial of EIA's request for a preliminary injunction to compel James Madison University ("JMU") to reinstate ten athletic teams. The U.S. Court of Appeals for the Fourth Circuit, which includes Virginia, West Virginia, Maryland, and the Carolinas, will hear the appeal. The Title IX issues presented in EIA's litigation are a case of first impression for the Richmond-based Fourth Circuit. The U.S. Courts of Appeal for eight other circuits have upheld the U.S. Department of Education's so-called "Three-Part Test," but EIA argues that those other courts did so without considering whether a federal agency can change the Title IX regulations without a rulemaking. "It's clear that JMU neither could have nor would have cut these teams under the Title IX regulations, which provide for equal athletic opportunity, based on assessed athletic interest," said Larry Joseph, one of EIA's attorneys. By contrast, the Three-Part Test provides for equal participation, based on enrollment, with no need for schools like JMU even to assess men's interest. "For Judge Conrad's decision to suggest that equal opportunity and equal participation are the same thing, and that athletic interest and enrollment are the same thing, helped convince us that appealing his denial now made the most sense." 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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