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FOR IMMEDIATE RELEASE Fourth Circuit Rules against EIAEIA Plans to AppealMarch 8, 2011 -- Roanoke, Virginia -- A three-judge panel of the U.S. Court of Appeals ruled against the challenge by Equity in Athletics, Inc. (EIA) to both the decision by James Madison University ("JMU") to demote ten intercollegiate athletic teams to club status and the federal policy under which JMU acted. "EIA is disappointed that the panel did not agree with its position, but we intend to appeal, either in the form of requesting reconsideration in the Fourth Circuit or asking the Supreme Court to hear the case," said Lawrence J. Joseph, one of EIA's counsel. The decision by the Court of Appeals affirms the District Court's dismissal of EIA's complaint. In a central part of its challenge, EIA argued that the federal Department of Education's (DOE) regulatory "three-part test" policy unlawfully discriminates against men by tying athletic participation rates to enrollment ratios, by gender. For schools that field 100-player football teams, that stacks the odds against men's Olympic sports such as track, swimming, and wrestling. EIA argues that this is the very type of quota-based discrimination that Congress intended Title IX (the statute) to prohibit. "Given that Congress based Title IX on Title VI of the 1964 Civil Rights Act, it is remarkable that a statute designed to end whites-only drinking fountains has resulted in a women-only swimming pool at JMU," said Joseph. "We are still evaluating how to proceed, but it appears that we have several bases for appealing," Joseph said. "In addition to challenging the three-part test, for example, EIA claimed that JMU's new alignment of teams fails to meet the Department of Education's 'scholarship proportionality' test, but the panel indicates 'EIA cites to no authority for the proposition that a scholarship allocation disparity of no more than one percent is required by DOE policy'" (Court's emphasis). By contrast, EIA's complaint alleges that "[t]he federal defendants’ July 23, 1998 'Dear Colleague' letter (which the federal defendants hold out as a binding, current federal position) indicates that a one-percent gap creates a 'strong presumption' of noncompliance" (¶159). Joseph indicated that courts typically accept a plaintiff's pleadings as true when ruling on a defendant's motion to dismiss. The panel also credited JMU's decision not to count 12 "practice players" on the women's basketball, soccer, and volleyball teams for the 2007-08 season, which prompted the panel to disagree with EIA's computation of JMU's compliance with the proportionality test. When gender roles are reversed, no Title IX authority supports discounting male "practice players" from the headcount for men's teams. 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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