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SPORTS REINSTATEMENT SUCCESS STORIES


See also "Encouragement from Other Schools"  "Other Trashed Sports Programs" and "...men are husbands, fathers and brothers, too, not just football fans..."

Assumption College Reinstates Track and Field Teams After TLPJ Threatens Sex Discrimination Lawsuit

School Avoids Title IX Suit Over Elimination of Women's Teams

Assumption College women's track and field team members were prepared to go the distance against sex discrimination in a Title IX lawsuit. Photo by Richard Orr.
Assumption College of Worcester, Massachusetts has agreed to reinstate both its men's and women's indoor and outdoor track and field teams to avoid a sex discrimination lawsuit threatened by Trial Lawyers for Public Justice (TLPJ). In a demand letter dated May 10, 2005, TLPJ charged that the school's decision to eliminate the women's teams violated Title IX of the Education Amendments of 1972, the federal law that prohibits sex discrimination by educational institutions receiving federal funds. The school has now confirmed that it will reinstate the teams.
"This is a great win for the athletes at Assumption College and everyone who cares about gender equity in sports," said TLPJ's Leslie A. Brueckner, who represented the team along with Sharon F. McKee and William T. Hangley of Philadelphia's Hangley Aronchick Segal & Pudlin. "We are delighted that the school has agreed to immediate reinstatement of the teams. We were confident that we were right on the law, and the school apparently agreed."
In its demand letter, TLPJ explained that Assumption's decision to cut the women's track and field teams violated Title IX's three-part test for determining whether a university has provided "equal opportunities" for members of both sexes to participate in sports. The letter stated that Assumption failed the test because (1) women students at Assumption comprise almost 61 percent of the student body but are offered less than 44 percent of the athletic opportunities; (2) the school has not demonstrated a "history and continuing practice" of expanding its women's sports program over time because, with the exception of women's track and field, it has not added a women's team for almost a decade and then, adding insult to injury, decided to cut existing women's teams; and (3) the school cannot claim that it is fully satisfying all existing female interest in sports because it cut two viable women's teams that were ready, willing, and able to compete.
"Unless we are able to resolve the team members' claims without the need for litigation," TLPJ's letter concluded, "we are prepared to file suit."
TLPJ has successfully sued several schools, including Brown University, the University of Bridgeport at Connecticut, Indiana University of Pennsylvania, Temple University, and West Chester University , for illegally discriminating against women in athletics.
Assumption announced its decision to cut the women's track and field teams in January 2005, citing budgetary concerns. School officials stated that Assumption could no longer afford to maintain the teams, despite plans to open a new $3.2 million multi-sport stadium in Fall 2005. This decision shocked the team members, who were anticipating a full competitive season in 2005-06. At the same time, Assumption announced that it had decided to cut men's track and field as well, also citing budgetary reasons. In its letter, TLPJ advised Assumption that the simultaneous elimination of the men's teams did not provide any defense under Title IX because the school remained in violation of the three-part test for Title IX compliance. Three weeks after receiving TLPJ's letter, Assumption officials announced their decision to reinstate both the men's and women's track teams as fully-funded varsity sports.
"We are pleased that the school has agreed to reinstate both the men's and women's teams," said Sharon McKee of Hangley Aronchick Segal & Pudlin , co-counsel for the team. "Although Title IX only protects the 'underrepresented gender'– in this case, the women athletes at Assumption – the school's decision to reinstate all the teams is a terrific result for all concerned. We hope that Assumption will now turn its attention to creating even more participation opportunities for women."
"I'm thrilled that the teams have been reinstated," said team member Amie Nolan, who will be returning to Assumption as a junior next year. "For months, we have been urging the school to reinstate the teams, yet the administration has refused. I am happy and relieved that the school has finally agreed to do the right thing."
In addition to Brueckner, McKee, and Hangley, the plaintiffs' legal team includes Rebecca Starr of Hangley Aronchick Segal & Pudlin. The demand letter is posted on TLPJ's web site, www.tlpj.org. The school has also been contacted by, and is in discussions with, the U.S. Department of Education's Office for Civil Rights about its treatment of women athletes.
Trial Lawyers for Public Justice is the only public interest law firm dedicated to using trial lawyers' skills and resources to advance the public good. Founded in 1982, TLPJ utilizes a network of more than 3,000 of the nation's outstanding trial lawyers to pursue precedent-setting and socially significant litigation. TLPJ has a wide-ranging litigation docket in the areas of consumer rights, worker safety, civil rights and liberties, toxic torts, environmental protection, and access to the courts. TLPJ is the principal project of The TLPJ Foundation, a not-for-profit membership organization headquartered in Washington, DC, with a West Coast office in Oakland, California. The TLPJ web site address is www.tlpj.org. TLPJ's Massachusetts State Coordinator is Robert J. Bonsignore, tel. (781) 391-9400.

From USCHO
Jan. 29, 2007
Washington State U. Athletics Experiences Change Since Title IX
(U-WIRE) PULLMAN, Wash. — Marilyn Endriss could not decide whether to tell a big, burly, tow-truck driver why she and three other women were stuck in a ditch between Pullman and Colfax, Wash., during a blizzard in January 1982.
It had something to do with how she was in Cougar Country, home of Washington State University Cougar football. This man surely would be a fan, and she was here to sue WSU for equal rights in men's and women's athletics.
Endriss decided to tell him, and to her surprise, he congratulated her. He said it took courage to do what they were doing, and he had a daughter whom he hoped would grow up to play sports at WSU.
Endriss had forgotten to recognize that men are husbands, fathers and brothers, too, not just football fans, she said recently. People would support what they were doing even 25 years ago.
Endriss and another lawyer had taken on a case in which a group of female athletes and coaches sued WSU for damages, citing disparities in the treatment and facilities for female athletes.
The Case
Title IX had been passed years earlier and anti-gender discrimination laws in Washington were also passed, but treatment of female athletes were still substandard, Endriss said.
Title IX was part of the Educational Amendments of 1972 that outlined how equal funding of education applies to athletic programs at universities that received federal assistance.
Mary Ellen Hudgins, head attorney for the athletes on the Whitman County Superior Court case — Blair v. Washington State University — said they chose to file under a sex discrimination law in the state instead of Title IX because of the time it would involve in a federal case.
Hudgins and Endriss represented Linda Blair and 38 other female athletes and coaches in the case. The complainants said WSU failed to meet standards of equality between men's and women's athletics that were established under Title IX and Washington state equity laws.
The consequences would reach farther than Washington because both Title IX and state laws had largely been untested. No major suits had been filed until then.
Schools across the country followed and filed suits in the years after to rectify gender inequalities.
At WSU in 1982, men's and women's athletics had shared facilities, all of which were under the jurisdiction of a male athletic director.
Hudgins presented a slide show of the facilities for men and women during the trial. Endriss said the disparity between locker rooms, uniforms, fields and scholarships was very apparent.
"Add it up and you definitely got a sense that women athletes didn't even come up to a second-class status," she said.
WSU coaches and athletes, as well as athletic officials from across the nation, testified.
WSU contended that the state of athletics was because of high-public-interest sports such as football and the big-business atmosphere of those sports.
Attorneys for the university also cited men's sports that received unequal treatment compared to basketball and football. They said women were not the only athletes with grievances.
Amy Cox, a former field hockey player, testified that she had tried to reconcile the issues before the trial. She had spoken with then WSU President Glenn Terrell, the Board of Regents, ASWSU and state officials.
"Terrell originally wanted to talk to women athletes, but when we got to his office, he couldn't remember who we were," Cox told The Daily Evergreen in 1982.
Advisers were too busy with male athletes, field hockey team members said, and administrators ignored a 1979 proposal calling for a reallocation of funds for athletics that was signed by 2,500 students, Cox told the Evergreen.
The Verdict
Judge Philip Faris announced the verdict in March of 1982. He found unequal treatment between men's and women's athletics, but it would be another year before appeals to the Whitman County Courthouse would cease and a decision about the damages would be finalized.
The athletes were awarded damages for costs they incurred while at WSU. They received compensation for practice equipment, practice and game uniforms, awards and travel expenses. It was approximately $100,000 in damages.
"I'm glad it's finally settled. I think we've all been hanging in limbo for quite a while," Marcia Saneholtz, associate athletic department director, told the Evergreen in January 1983, more than a year after the judge announced the verdict.
One issue that was crucial to the case was football, Saneholtz told the Evergreen. Some men's sports run like a business and needed special considerations.
"Judge Faris actually indicated that he did not want to be the death of the sacred cow that would be the death of Cougar football," Endriss said.
The verdict recognized that football is unique and its income was left out of negotiations for the damages awarded.
Football was exempt but, in 1987, the state Supreme Court overturned Faris' decision and ruled that football was no longer exempt from calculations of scholarship and participation numbers.
Progress Since the Decision
Starting in 1988, all women's programs were funded to NCAA scholarship standards and women's recruiting budgets were increased.
Women's soccer at WSU started in 1989, and a lobbying effort in the state Legislature started to generate support for achieving stronger equality.
Crew was added as a women's sport in 1990 and full-time staff was hired. In 1991, WSU initiated a major project to build an addition to Bohler Gym and renovations that would provide equitable facilities for all student-athletes. Construction began in 1997.
Though the changes were slow since Title IX's passage in 1972, they are now apparent, Endriss said.
In 1982, 71 percent of the athletes at WSU were men, now they constitute 54 percent of athletes — of 443 athletes, 237 of them are women, said Bill Stevens, WSU assistant sports information director. In 1983 there were 548 athletes, and 154 were women.
Endriss said that just by looking out at a soccer field on a Saturday, she can see more women playing.
The fact that women are playing at a young age is a step, she said. Women play sports just as much as men now and many of the disparities have been erased.
Now colleges have to provide equal facilities for men's and women's sports, she said.

Judge says Slippery Rock must reinstate women's sports
Updated 7/31/2006 12:05 AM ET

PITTSBURGH (AP) — Slippery Rock University must reinstate two women's sports it cut for budget reasons because the school is not complying with a federal law requiring equal opportunities for female athletes, a federal judge ruled.

The university in January announced it was cutting eight sports to save $350,000 — including women's field hockey, water polo and swimming — as part of an effort to erase a $2 million budget shortfall. The school later decided to keep field hockey, but members of the women's swimming and water polo teams challenged the cuts in a federal lawsuit.

U.S. District Judge Donetta Ambrose found university President Robert Smith was wrong not to consider compliance with Title IX, a law requiring schools that receive federal money to provide equal sports opportunities for men and women.

"Knowing that SRU was not compliant with Title IX, Smith nevertheless decided not to consider Title IX compliance in determining which teams to eliminate," Ambrose ruled.

Slippery Rock officials declined to comment Monday and referred questions to the state attorney general's office.

A spokesman for the attorney general, Nils Frederiksen, noted that Ambrose said her ruling could change if the university can demonstrate Title IX compliance in the future.

"It's not a permanent issue and we expect it will be revisited in the future, although it's unclear when that will be," Frederiksen said.

Beth Choike, 20, of Fort Leonard Wood, Mo., was the lead plaintiff in the lawsuit. Choike, who will be a junior, was captain of the swim team and also played water polo, and receives a partial scholarship for both sports.

"I never lost hope and I never stopped fighting for it," Choike said Monday. "We're reinstated for the next year and I know my teammates and I are very pleased."

The school, which also cut men's swimming, water polo, golf, wrestling and tennis after the school year ended, had argued in court that it tried to be fair in deciding which sports to cut.

Smith used spreadsheets including financial data for the school's 23 teams, and other information, including how competitive the teams were and their academic performance, before deciding which teams to cut.

Smith testified that a major reason the water sports were cut was that the teams' pool needed $1 million in renovations. But James Yeamans, the coach of the women's water polo and swimming teams, testified the facilities are comparable to competing schools and that another pool on campus could have been used for the teams.

The university said it also implemented a roster-management plan in March to address Title IX concerns. Under the plan, the number of roster spots on men's teams would be cut from 271 to 240 and spots on women's teams increased from 235 to 288 to provide proportional opportunities for women.

But Ambrose found the plan was just a "paper increase." For example, the school planned to upgrade the women's club lacrosse team to a varsity squad with 24 roster spots — even though the club team had only 17 players, and none expressed an interest in joining a more demanding varsity program.

"SRU could simply designate the 'addition' of these positions without actually expecting that they be filled," Ambrose said.

Susan J. Frietsche, an attorney at the Women's Law Project who represented the students, said that tactic "signals that this was not the school's good faith response to the expressed interest of its students."

Copyright 2006 The Associated Press.

Find this article at:
http://www.usatoday.com/sports/college/2006-07-25-slippery-rock_x.htm

MONTCLAIR, N.J. --Montclair State University announced today that its wrestling and men’s lacrosse sports teams would be reinstated as varsity athletic programs, starting with the fall 2005 season.

The University’s decision to reclassify the programs came as a result of a successful joint effort on the part of MSU and its many supporters across New Jersey to raise the private funding needed to strengthen and sustain the University’s intercollegiate sports program.

In addition to reclassifying two of the five teams that were downgraded to club status early in the year, the new funding will enable MSU to hire full-time coaches for women’s soccer, women’s lacrosse, and wrestling, along with an additional athletic trainer.

“The outpouring of support for our athletic programs is extremely gratifying,” said Dr. Susan A. Cole, University president. “It was heartfelt, spontaneous anediately begin nationwide searches for the new full-time sports personnel.

The University had announced in late January the reclassification of five of its 21 athletic programs from varsity to club status. These teams included wrestling, men’s lacrosse, women’s tennis and men’s and women’s cross country. University officials said that the change was necessary to maintain its tradition of excellence in the face of severe fiscal constraints.

Dartmouth College Reinstates Swimming
1/09/03
Dartmouth College brought a ray of hope to my life this morning as I read the headlines on Letsrun.com . This fall officials at Dartmouth decided that its overextended athletic department needed to be trimmed down and so they got rid of their swim programs. However, with the efforts of a lot of alumni support, a thoughtful administration, and a few hundred protesting students the decision to cut swimming at Dartmouth was overturned yesterday. For a more detailed account of what happened at Dartmouth to save the program use this link, the rest of this writing will be used by me to once again make a case for saving our own sport at UVM using Dartmouth’s effort as an example.
With the wealth and prestige that comes with an Ivy League school like Dartmouth it is not surprising that UVM simply can’t keep up with its neighbor just down interstate 89. Dartmouth has an undergraduate class of less than 5000 students and yet funds one of the most comprehensive sports programs in the country with 34 varsity sports. This is far beyond what UVM fielded even before the cuts from last year with a much smaller student body.
Though a few years ago UVM was referred to as “public ivy”, the Burlington institution has been struggling to keep up with that distinction. UVM competes against Dartmouth teams often in many sports, though Hockey is the only sport where both schools appear on the same conference roster. Even so it seems like UVM is always trying to measure themselves against Dartmouth. This might not be a bad thing, Dartmouth is a fine institution both academically and athletically and UVM would do well to show folks where they measure up to and in some cases even surpass Dartmouth.
A good start to following in the footsteps of Dartmouth for UVM would be to reinstate the Men’s Track and Field teams. If the cases are compared they appear remarkably similar. UVM like Dartmouth was strapped for cash in an athletic department that is quite vast, and so UVM decided to announce cuts which would take the school into the future. Parties at both schools rallied around the cut teams and tried desperately to get their respective administrations to rethink their decisions. Massive alumni support was offered in both Hanover and Burlington, and there was much discussion at both schools about the cuts and what could be done about them. Unfortunately that is where the similarities appear to end.

Dartmouth officials who explained that the cuts were about money problems pure and simple were more than happy to reverse the decision to cut the swim programs when a suitable fundraising plan to continue the sport was suggested. UVM officials who came to the table with no clear or defensible reasons for the “restructuring” that took place could not be swayed by things such as Alumni/ae support, a proven record of athletic and academic success, and a high in state student participation rate.
Dartmouth’s story is a happy one for people like me who have seen schools such as St. John’s, Bowling Green, and Tulane cut sports teams within the past year. It casts a ray of hope that somewhere in the world of college administrations there are folks willing to listen to the students of both the past and present in order to reach an agreeable middle ground. When the cuts were announced at Dartmouth there was one of the largest student protests in recent memory with 600 students gathering together in support of the cause. That is something we didn’t try at UVM but if it could make a difference we might just try it since reasonable discussion seems to have failed.
Respectfully,

George Deane 

From University of Washington Website
Washington Reverses Decision on Dropping Swim Program
Aug. 29, 2000
SEATTLE, Wash. - Washington athletic director Barbara Hedges announced today that she has reversed her decision to drop men's and women's swimming as a varsity sport following the conclusion of the 2000-2001 season. The announcement to drop the program was made on July 27 after an evaluation of the program.
At the time of the announcement, Hedges stated the reasons behind dropping the program were an inadequate and outdated swimming facility on campus, a lack of community support for the program, the inability to attract the top swimmers in the state of Washington to the University and the competitive disadvantage as a result of those factors.
"In the last month, it has become very apparent that there is interest in retaining this program, not only from the people in the Seattle area, but around the State of Washington," Hedges says. "I have heard from many of them. I also have had productive conversations with Dave Coddington, chair of Pacific Northwest Swimming.
"As a result, Northwest Swimming has made a commitment to support the University of Washington swimming program, to assist us in encouraging the most outstanding in-state swimmers to attend the University, and to join with the University in our desire to build a state-of-the art training facility.
As part of its commitment, Northwest Swimming will assist the University to establish a task force on swimming. The focus of the task force will be:
A. Identifying a site and funding plan for a new Husky training facility.
B. Enhancing swimming opportunities for children, particularly underrepresented minority children, and
C. The retention of in-state swimmers
"The task force will involve University and community leaders, and hopefully city and state leaders," Hedges says. "As a result of these goals, I have agreed to reinstate the sport of swimming. In a reasonable period of time, and with the proper community support, we will be able to accomplish the goals that I have outlined."
 

 

"I am elated at this decision," says Husky swimming coach Mickey Wender. "I do believe that Washington can be a top swimming program and these goals, if accomplished, will allow us to do that. There have been a lot of people in the swimming community who rallied behind our program in the past few weeks and I appreciate all of their efforts. I look forward to their continued support and commitment to allow the Husky swimmers, and the youth in our community, to achieve their goals in this sport."

Hedges won't end UW swim programs
Wednesday, August 30, 2000
By ANGELO BRUSCAS
SEATTLE POST-INTELLIGENCER REPORTER
The University of Washington men's and women's swimming teams won't be terminated after all, athletic director Barbara Hedges announced yesterday, reversing her one-month-old decision to eliminate swimming as a scholarship program.
"In the last month, it has become very apparent that there is interest in retaining this program, not only from the people in the Seattle area, but around the state of Washington," Hedges said in explaining her reversal about the fate of the program.
The main issues, according to Hedges, were a perceived lack of support for swimming, inadequate and outdated facilities on the UW campus, and the inability of the UW to attract the top swimmers in the state to keep the program competitive. But Hedges was swayed by an outpouring of mail, e-mail, and an all-out appeal by the swimming community at large.
"We have to have the support of the community and the state," Hedges said. "We do not want to just have a swimming program. We want to have a competitive program at the University of Washington."
In saving the program, Hedges announced a new partnership and task force would be formed with Pacific Northwest Swimming, the group that represents youth club swimming across the state. The intent is to raise $15 million to $20 million to build a new 50-meter practice pool for the UW team, while continuing to hold competitions at the King County Aquatic Center in Federal Way.
While Hedges' reversal wasn't enough to keep three promising freshmen recruits and sophomore Jenny Cray from going elsewhere, the news was well received by those who helped in an all-out lobbying effort to persuade Hedges to change her mind.
"One of the big issues that we were all concerned with was the effect that something like this would have on Northwest swimming programs," said Rick Colella, an All-America swimmer for the Huskies from 1970-73 and a 1976 Olympic bronze medalist. "It would not only affect college-level swimming, but it would affect the other swimming programs to not have college swimming to look up to."
The UW men's program started in 1932, and the women's program began in 1975. Over the years, the team has trained in a six-lane, 25-yard pool built in 1937. The pool does not have a diving well, and the UW consequently does not have a diving team.
Since 1979, when the Pac-10 Conference expanded to its current number of schools, the UW swim team has placed in the top five at the conference championships only once (fifth in 1996). Last year, 48 swimmers shared the equivalent of 23 scholarships.
Colella suggested that the lack of a modern pool has hurt the UW in efforts to retain some of the best swimmers in the Northwest.
"We're hoping that can come around," he said.
In addition to Colella, the UW claims five other Olympic swimming medalists: Jack Medica (1936), two-time NCAA champ Robin Backhaus (1972), Doug Northway (1972), Rick DeMont (1972), and Lynn Colella (1972). This year, the Huskies sent 11 swimmers to the Olympic trials in Indianapolis.
The Huskies have been coached the past two years by Mickey Wender, 33, who has complied a 10-10 meet record with the men's team and an 18-6 record with the women's team since replacing 29-year veteran coach Earl Ellis in 1998. Reached by telephone on vacation in California yesterday, Wender was thrilled that the questions now centered on a new practice pool, rather than the death of his program.
"I think a training facility is going to be an unbelievable advantage," he said.
When he first had to spread word about the end of the program to his swimmers, Wender said it was like telling them about a death in the family. Now, he's got better news to spread.
"I'm sure they're going to be ecstatic about the reversal," Wender said.
The new task force formed to save the program will have three main objectives: identify a site and funding plan for a new practice pool; enhance swimming opportunities for children; and retain in-state swimmers at the UW.
Dave Coddington, chairman of Pacific Northwest Swimming, said his organization represents about 5,800 swimmers, ranging in age from 5 to 18. He pledged his organization's support in steering swimmers into the UW program and helping to build the new training facility.
He also said his group would begin seeking help from the Legislature and from Seattle-area corporations.
The idea is to find money for a training facility with a 50-meter pool without seating that also can be used for advanced research in sports and swimming, as well as physical therapy. Sites both on and off campus will be considered.
Although she didn't back away from the issues that originally caused her to cancel the program, Hedges said her mind was changed after hearing of Pacific Northwest Swimming's pledge to support the program and begin fund-raising plans for a new pool.
"So I seized the opportunity," she said. "I believe now that there is the possibility to build the training facility. There is a possibility to have an outstanding swimming program at the University of Washington. I did not believe that before."
Hedges and the UW athletic department are in the midst of a $90 million program to renovate or build five new facilities, including a rebuilt Hec Edmundson Pavilion, new baseball field, a soccer stadium, renovations to the Conibear Shellhouse, and an indoor practice facility.
Asked why the swimming pool was left off the list of projects, Hedges said there did not appear to be widespread support for the program.
"I perceived that student-athletes simply were not staying in the state of Washington, and it just did not make sense to continue a program in which we could not provide them an opportunity," Hedges said.
She acknowledged, however, that she never let the swimming program, its coaches and athletes make a case for survival before the initial decision was reached.

P-I reporter Angelo Bruscas can be reached at 206-448-8010 or angelobruscas@seattle-pi.com

DROPPED TEAMS


 

wpe25.jpg (36227 bytes)

2006 Women's Lacrosse Team

 

 Women's Save Ohio Lacrosse Blog

 

LaxPower.com message board discussion on OU LAX

 

Women's Lacrosse web page at OU website

 


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Swimming and Diving

 

Save Ohio Swimming and Diving

and

Save Ohio Swimming

 

Swimming and Diving web page at OU website

 

Save Ohio University Swimming Discussion Forum


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Track and Field

 

Bringing Back Ohio Track Blog

 

Track and Field web page at OU website

 

YouTube video put together for the Track and Field Team


 

 

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