FOR IMMEDIATE RELEASE

Fourth Circuit Affirms Denial of JMU Injunction

EIA Weighs Decision to Appeal to Supreme Court

Roanoke, Virginia -- In an unpublished opinion issued August 20, 2008, the U.S. Court of Appeals for the Fourth Circuit in Richmond affirmed the district court's decision to deny a preliminary injunction that Equity in Athletics, Inc. ("EIA") sought to reinstate to reinstate ten intercollegiate athletic teams that James Madison University ("JMU") demoted to club status, effective July 1, 2007.

EIA claims that the U.S. Department of Education unlawfully changed the standard for Title IX compliance from the Title IX regulations' mandate for equal interest-based opportunity to a "Three-Part Test" based on equal enrollment-based participation. The Fourth Circuit recognized these arguments as "novel" against the federal government, but suggested that it is impermissible to challenge JMU's attempts to comply with that federal guidance.

Lawrence J. Joseph, one of EIA's attorneys indicated that EIA would consider appealing the issue to the U.S. Supreme Court. "We think that the Fourth Circuit used the wrong test to evaluate EIA's entitlement to a preliminary injunction, and we think that the Court failed to resolve the central issue of which test applies: equal opportunity or equal results," he said. "And the suggestion that we cannot challenge the constitutionality of JMU's actions because some bureaucrat wrote a memo is frightening."

EIA’s appellate counsel are Mr. Joseph (Washington, D.C.) and Douglas G. Schneebeck (Albuquerque, New Mexico). 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:

Equity in Athletics, Inc.
1711 Grandin Rd., SW, Roanoke, VA 24015
Internet: info@equityinathletics.org

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