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FOR IMMEDIATE RELEASE EIA, JMU, and Feds Seek Final JudgmentAll Parties File to Resolve Litigation without TrialRoanoke, Virginia -- On October 2, 2009, the parties completed the briefing of their respective dispositive motions in the challenge by Equity in Athletics, Inc. (EIA) to the decision by James Madison University ("JMU") to demote ten intercollegiate athletic teams to club status effective July 1, 2007. In 2007, the U.S. District Court for the Western District of Virginia, Judge Glen E. Conrad presiding, denied EIA's request for a preliminary injunction to keep the teams in place during the litigation. In addition to challenging JMU's elimination of the ten teams, EIA also is suing the U.S. Department of Education (DOE) to overturn the federal "Three-Part Test" that JMU argued compelled the cuts. "Ironically, JMU has overcut its male athletics program so significantly that men are now the 'under-represented gender' under the Three-Part Test." said Lawrence J. Joseph, an EIA attorney. "Basically, JMU aimed for what it thought was a safe harbor, but missed," he added. EIA argues that the Three-Part Test is both discriminatory and invalid because DOE did not follow the correct procedures in adopting it. "While we hope to overturn DOE's Three-Part Test, JMU's cuts violated even the Three-Part Test," said Joseph. EIA’s counsel are Larry 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 Doug Schneebeck (505-848-1869). More information is available at http://www.equityinathletics.org For More Information Contact: |
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