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EMBEZZLEMENT IN OU'S DEPARTMENT OF INTERCOLLEGIATE ATHLETICS

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PETITION
 
Please sign our petition to save dropped OU sports.  Click here.  If your current circumstances or position with Ohio University do not require anonymity, we request that you sign with your name  rather than as "Anonymous" as some have.  Thank you and thanks to the Women's Lacrosse blog for setting up this petition.

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SWIMMING AND DIVING

 


Complaint to DoE over OU Cuts

Title IX complaint filed over OU athletics cuts

By Jim Phillips
Athens NEWS Senior Writer
Thursday, April 5th, 2007

The Office for Civil Rights of the U.S. Department of Education is looking into a complaint filed with the agency against Ohio University.

The complaint alleges that OU's recent decision to drop men's swimming and diving as varsity sports programs violates Title IX of the Education Amendments of 1972.

Title IX prohibits discrimination on the basis of sex in all educational programs or activities that receive federal financial assistance.

DOE spokesman Jim Bradshaw confirmed Tuesday that someone filed a Title IX complaint with the OCR on March 13. According to Bradshaw, the agency typically takes about a month to evaluate such a complaint, to see if it wants to launch an investigation.

He said an evaluation is done "to see if we have jurisdiction in the case, if it involves allegations for laws that we enforce, such as Title IX, or Title VI of the Civil Rights Act (of 1964)." The OCR keeps the names of complainants confidential, Bradshaw added.

If the agency does decide there's reason to take up the complaint, he said, by way of public announcement "we would simply state that the case is under investigation." Bradshaw said an investigation of such a complaint typically takes about six months to finish.

According to the OCR's Web site, a discrimination complaint must be filed within 180 days of an allegedly discriminatory act.

Reasons the agency would choose not to accept a complaint for investigation might include the fact that it already has been investigated by another agency, whose determination meets OCR's standards; that it was filed too late; that the allegations raised by the complaint have been resolved; or that the complainant refuses to share information necessary to investigate the complaint.

The OCR also offers early complaint resolution, giving the parties a chance to work out their dispute before an investigation starts.

If this doesn't work, OCR will investigate by reviewing documentary evidence submitted by both parties and conducting interviews. After investigating, it make a determination on whether there is, or is not, sufficient evidence to support a conclusion of non-compliance with federal law.

If the OCR concludes there is evidence for non-compliance, and the offending institution is not willing to fix the problem, the agency will issue a letter of findings, and try once more to get the institution to agree to correct the violation. If the offender still doesn't cooperate, OCR can refer the case to the U.S. Department of Justice, or initiate administrative enforcement proceedings to cut off federal financial aid to the institution.

OU Legal Affairs Director John Burns said Wednesday the university had not yet been contacted by the OCR about the complaint.

From "The Post Online, April 17, 2007

Your Turn: Sports cuts a dishonest case of expenses exceeding income

Letter to the Editor
If I told you I earned $250,000 per year (unfortunately I don’t), you might be impressed. But if you found that I was spending $300,000 per year in my household budget (fortunately I’m not), you would quickly realize that I had a problem. That problem is called a deficit. Regardless of how impressive my income might be, the real bottom line of my finances is income minus expenses. When expenses exceed income, a deficit occurs.
I appreciate Nate Saum pointing out in his letter on April 9 the huge sums of money that OU football brings in for playing many of their games. To earn $500,000 for one game is certainly impressive! But Nate, what is the real bottom line? Income is only half of the equation. Can you ignore what the football team spends or costs the university each year? It’s easy to bring in millions and still have a gigantic deficit — just spend more than you bring in.
I need to say here that I am not opposed to OU football in any way. I am not even opposed to OU football losing millions of dollars each year. In fact, I am not even opposed, in principle, to the university ceasing to fund other things in order to fund a sport that, on the surface anyway, is losing money. If the university benefits from having an impressive football team (no doubt this matters to alumni and impacts their giving), then make the responsible and rational cuts you need in order to support the football program. But be honest!
If you are directing funds to football because the university benefits in some tangible or intangible way, then don’t say “Title IX made me do it.” No, you chose to do it. When pressured at the Feb. 15 Board of Trustees meeting to divulge the real reasons for the elimination of four OU sports, Athletic Director Hocutt took a step toward honesty when he said “there are financial savings and investments in cutting these other sports. The university has decided to strategically invest in other sports.” Why wouldn’t he admit that on Jan. 24 when the original announcement was made?
Nate suggested that I do some more digging to find the real culprit. How about digging into the May 25, 2006 OU Internal Audit, Review of Intercollegiate Athletics? It states that fiscal mismanagement in the athletic department “has resulted in ICA exceeding its budget in recent years and accumulating a deficit that must be repaid to the university. The debt includes operating deficits of more than $1,000,000 from both FY05 and FY06 (projected), capital debt from the Peden Stadium renovations and from the lowering of the football field.”
I could drag out many similar quotes from this document and other public documents, but would rather summarize by quoting former OU track and cross country coach Elmore Banton in his Feb, 5 article in The Post: “According to the last year’s NCAA report, Ohio University spends $491 per track athlete per year, $10,000 per football athlete per year and $22,000 per basketball athlete per year.” He goes on to say “in addition, the Ohio University football program had a $1.9 million deficit and basketball had a $331,000 deficit last year. To anyone looking at these figures, it might appear that we are attacking the wrong animals. The cows have gotten too big for the barn, so we are throwing out the chickens instead of putting the cows on a diet.” I want to meet Coach Banton someday — he’s got a way with words!
In my profession I have the privilege of counseling people regarding their personal finances. When someone’s expenses exceed their income, I advise them that they need to either raise income or cut expenses. Cutting expenses is almost always the easier route. But when they ask me if they can just stop making their car payments, credit card payments or the payments on their big screen TV, I have to remind them that those are obligations they took on willingly. Their budget cuts will have to come in other categories, like cutting down on their groceries or moving to a cheaper apartment. Integrity demands that you honor your obligations, even when it’s uncomfortable or inconvenient. Ohio University’s athletic department entered into an obligation to swimmers, lacrosse players and track athletes when it recruited them and signed them to compete for OU. Budget cuts need to be made; but commitments need to be honored. OU could honor its commitment to these athletes by allowing their sports to phase out during the next three years. Meanwhile, make responsible budget cuts somewhere else — or maybe just do as Coach Banton suggests, and put the cows on a diet.
Honesty and integrity. Recurring themes that Nate has probably noticed in the “letter after letter” he has read on this issue. I hope lots of people have noticed. I’m still hopeful that President McDavis and Athletic Director Hocutt will take heed. They do read The Post, don’t they?  
Greg Sargent writes from Mason, Ohio, and is a member of United Swim Parents.

From "The Post Online," April 5, 2007
"No doubt the athletic directors at Ohio State and Florida will find it hard to sleep at night, since they now have to worry about competing with OU for national titles!"
Your Turn: Columnist accurately summarizes athletic director’s Title IX interpretation
Letter to the Editor
I would like to thank Ashley Herzog for the outstanding article on Title IX, “Feminist-enforced Title IX harms male, female athletes.” She presented the facts about this outdated statute and the misguided enforcement of it in a very clear and concise way. As the father of one of the student-athletes affected by the Jan. 24 announcement to cut four OU teams, I have read a great deal about Title IX and the politics of collegiate sports in the last two months. Ms. Herzog’s article accurately summarizes the situation — both men and women are denied opportunities to compete in collegiate sports because of the way this law is being interpreted.
I say “interpreted” rather than “enforced” because it seems that it’s the athletic directors who are wielding the Title IX axe, not the NCAA. They might play the numbers game out of fear of sanctions from the NCAA, but the NCAA president has stated that there are better ways for colleges to comply with Title IX, and cutting teams is not the answer. Or maybe they try to keep the numbers even along gender lines out of fear of a lawsuit from an athlete who feels that he or she is somehow being deprived or underrepresented. But I suspect in most cases, Title IX is only a convenient scapegoat used by athletic directors to eliminate “non-revenue sports” in order to pump more money into the so-called “revenue sports.” ( Which in OU’s case means directing more money toward the deficits created by the “revenue sports.”)
There are at least 85 OU student-athletes and their families who are still recovering from the Athletic Department’s decision to cut their sports — the same Athletic Department that recruited them to come to Athens and represent the university through these sports in the first place. Did the athletic director suddenly become aware of Title IX, a law that has been on the books since 1972? No, I don’t think so. Did men’s indoor and outdoor track, men’s swimming and women’s lacrosse suddenly create a budget crisis? No, of course not. But maybe the deficits created by bowl games that were supposed to bring in money brought him to the point where he felt he needed to take some “decisive action,” and cutting sports that he thinks nobody cares about would make him look like a leader willing to make the “hard choices.” There is still a way out of this fiasco, a simple solution that would address both the budget and gender equity issues, and at the same time show some integrity by honoring the commitments made to these student-athletes. All the athletic director needs to do is allow these sports to be phased out over the next three years. But it would take some humility to reverse a decision that has been declared “final.” It doesn’t take any humility or integrity to blame Title IX.
After eliminating four sports, Ohio University is now at the minimum of 16 teams needed to remain a Division I-A school. Title IX has been used as an excuse for removing the excess baggage that these four teams represented, and has cleared the way for a streamlined OU to build its sports dynasty. No doubt the athletic directors at Ohio State and Florida will find it hard to sleep at night, since they now have to worry about competing with OU for national titles!
Greg Sargent writes from Mason, Ohio and is a member of United Swim Parents.

 
 
ELOQUENT WORDS FROM UNITED SWIM PARENTS

 

From "The Post Online"

 

Letter to the Editor
In their own words:
“You will graduate a Bobcat swimmer.”
“Ohio University is committed to its Men’s Swimming program.”
“Ohio University is committed to Olympic sports.”
“There are no Title IX issues at Ohio University.”
The current issue on the table is whether President Roderick McDavis and Athletic Director Kirby Hocutt are men of integrity, willing to stand by promises made to induce high school swimmers and divers to sign letters of intent and after enrollment, to encourage student athletes to remain in the Ohio University swim program. The above statements reflect repeated promises made to current men’s swimming and diving team members regarding the program throughout their tenure at Ohio University.
 
On Jan. 12, 2006 Athletic Director Hocutt sent a letter on Ohio University letterhead to a number of swimmers “as a follow up to Coach Werner’s conversation with you regarding a very difficult situation.” The conversation that Mr. Hocutt referred to included all of the quotes above. Mr. Hocutt states in the letter: “I want to assure you that the Athletics Department is behind the Men’s Swimming & Diving program and will support you with all available resources. As reflected in our five-year plan referenced above, it is our department’s goal to ultimately return Men’s Swimming & Diving to its 2004-2005 scholarship totals.”
 
Ohio University’s Core Values and Guiding Principles are outlined on pages 20 and 21 of the Vision Ohio document: “Interactions among all individuals in the university community should be built on standards of civility, integrity, caring, and collaboration.” Webster’s online dictionary defines ‘integrity’ as a firm adherence to a code of moral values. Integrity involves honesty, honor, honoring your word and honoring your commitments.
 
On behalf of the United Swim Parents, Brad Stetson and John Schaefer met with President McDavis, Athletic Director Hocutt and Associate Athletic Director Rob Andrey on Feb. 16. We discussed the topics above and recommended a phase-out option for the programs that were cut to allow the current athletes to complete their athletic eligibility. This is the only fair course of action in light of the specific representations by the swimming coaches and Athletic Director highlighted above. Simply put, Ohio University has an ethical, moral and legal responsibility to honor the words and commitments of its own representatives. Current team members await President McDavis’ decision regarding whether promises made will be promises kept.
                                            —United Swim Parents

Your Turn: OU should implement phase-out for men’s swimming, diving

Your Turn: OU should honor commitment to athletes with phase-out
From "The Post Online" Friday, March 9, 2007
Letter to the Editor
Reasons to phase out men’s swimming and diving:
Ohio University has the most talented team in 13 years under Coach Greg Werner. The team won the Akron Invitational in December 2006 — a first under Werner. They scored more points at the MAC than any other team under Werner. There are no seniors — how good could they be next year. Give them a chance! There is a lot of positive press from this team and these coaches.

 

OU has a retention problem. Men’s swimming and diving offers a sense of belonging and family. These men will stay the duration and graduate, helping to raise retention rates, which I understand have plummeted. Many will leave without a swimming and diving program.

 

OU’s enrollment projections were far below budget. The men’s swimming and diving program attracted 28 men to Athens just to swim — 14 men from out of state. When a school has a special niche that attracts students from Illinois, West Virginia, Texas, Pennsylvania, Arizona, Indiana, New York, Wisconsin and Michigan, something special is happening and the program should be kept. Best value and investment on campus! Recruiting for women’s swimming and diving will be compromised without the men’s program.
OU’s budget is swimming in red ink. Revenue generated by men’s swimming and diving — only tuition money.

 

Fourteen out-of-state students multiplied by $16,308 equals $228,312 per year. Fourteen in-state students multiplied by $7,992 equals $111, 888 per year. NCAA gives $22,000 to OU for each athletic program it offers. That’s a grand total of $362,200 per year plus room and board revenue.

 

Mr. Hocutt stated, “Little would be saved ($25,000) in canceling the program rather than phasing it out.” What is the real issue? Can’t admit you made a mistake and did not know about your athletic department’s written promises? OU needs to demonstrate integrity and do the right thing, not the face-saving thing!

 

Swimmers just want to swim and compete; they aren’t there for the money, the free ride or the five-year academic program. They just love the sport, the competition and the camaraderie (no scholarships this year for freshmen and only 1.3 scholarships for the rest of the team — a minimal investment). Many have been swimming since they were five years old.

 

OU should honor the commitment their administration made to these men in writing who chose this university based on the assurances they received. Our men brought Bobcat pride to the MAC this past week. OU can be proud of their performance and how they represented their university with integrity, class and dignity. They chanted their “OU Fight Cheer,” wearing their OU warm-ups in spite of knowing their university did not support them Show them the integrity they showed you, Mr. President! Don’t let your student body know you don’t have the courage to fix what you got wrong, now that the facts are in.

 

President McDavis, initiate the phase-out and turn down the heat on campus. Get this university back on track by demonstrating moral principles, uprightness, honesty and sincerity. As stated in The Post by a soon-to-be alumnus, reverse the “crumbling esteem” and “frightfully downward slope” this university is on under your watch.

 

Jan Herley is with United Swim Parents.

DROPPED TEAMS


 

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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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