Title IX law scrutinized as universities cut teams

Federal law aims to guarantee equal opportunity for men and women

  • Towson soccer players huddle after their final game. The program was a victim of budget cuts.
Towson soccer players huddle after their final game. The program… (Gene Sweeney Jr. / Baltimore…)
April 06, 2013|By Jean Marbella and Carrie Wells, The Baltimore Sun

The men who play baseball and soccer at Towson University, run track at the University of Delaware and wrestle, swim or golf at any number of other colleges all heard the same reason when their teams were cut: Title IX.

To meet the federal law's goal of providing equal opportunities for athletes of both genders, schools have eliminated men's teams to keep their overall rosters in line with the number of women playing sports. But a growing chorus is crying foul.

"People are really upset that they're dragging Title IX through the mud to cut sports teams," said Towson University graduate Scott Hargest. He was a member of the task force that recommended, over his dissenting vote, cutting men's baseball and soccer to resolve what administrators said were budgetary and Title IX compliance issues.

Rather, he and others say, colleges that want to shift money to major, revenue-generating sports use Title IX's requirements as cover for eliminating lower-profile men's teams. While the Towson baseball team may have been saved by a plan crafted last week by state officials, the dispute generated by the school's decision remains.

The uproar has put Title IX, which celebrated its 40th birthday last summer, back in the spotlight. Title IX was created to bar the exclusion of women from any education program or activity that receives federal aid. The law never mentions sports, though that is the arena in which it has most often been cited, especially in the early years when women often had to fight to have teams or time on playing fields.

Over the years, critics say, the law has lost its way and has diminished opportunities for men as a result. Supporters of Title IX say that is a red herring. It is money — not gender — that is behind the move to eliminate certain teams, they say.

"It's a budget priority issue," said Lisa Maatz, policy director of the American Association of University Women. "Many schools decide they are going to invest in the marquee sports of basketball and football — to gain more visibility for their schools, or they believe they can make money out of it. The reality there is they made a choice."

Some would say Title IX limits that choice. When tight budgets force colleges to trim, men's sports are more likely to be cut than women's. That is because one way that schools comply with the law is by ensuring that the breakdown of male and female athletes matches that of the student body as a whole.

"If a school is nonproportional, the only teams they can cut are men's," said attorney Lawrence J. Joseph, who in 2007 sued unsuccessfully on behalf of male athletes at James Madison University whose teams were eliminated.

As a result, hundreds of men's teams across the country have been eliminated by schools citing Title IX. Joseph, whose Virginia-based group Equity in Athletics opposes the use of the proportionality test, said the law has strayed from its original intent.

"The original standard was that you should provide equal opportunity based on interest," he said. "Under the original standard, It was a vehicle to get women's teams up to speed, a women's basketball team with a men's basketball team. But the policy interpretation changed that."

The growing reliance on proportionality creates a problem for many colleges as women increasingly outnumber men in enrollment — even as the reverse often is the case when it comes to athletic participation. At Towson, for example, the athletics task force noted that on average, women make up 61 percent of the student body but 52 percent of sports team members.

Schools have gone through extraordinary contortions to boost the number of women on athletic rosters and match their growing share of a student body. It is particularly hard to do at schools that have football teams, with dozens of players and no comparable team for women.

Schools such as the University of Maryland Eastern Shore have started women's bowling teams, for example — the Hawks have become an NCAA powerhouse in that sport. Colleges have been allowed to count the same runner three times, if she competes in cross country and indoor and outdoor track. And, in some cases, men who practice with women's teams are allowed to be counted as female for the purposes of Title IX compliance. According to a New York Times article, a federal education official said male fencers at Cornell University who receive practice and coaching time with their female counterparts can be counted as members of the women's team.

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