August, 2006

Title IX ruling: Slippery Slope

PITTSBURGH -- Slippery Rock University must reinstate two women's sports it cut for budgetary reasons because the school is not complying with a federal law requiring equal opportunities for female athletes.

Title IX, a federal law of 34 years' duration, compels equal opportunity for men and woman to participate in sports programs at schools that accept federal funding.

According to its own study, state-owned Slippery Rock University of Pennsylvania has long discriminated against women.

Facing a financial crisis, university President Robert Smith decided to cut five men's teams. And two women's sports teams -- swimming and water polo, which had solid participation. He added women's lacrosse as a varsity sport, but there is little student interest.

Women athletes sued and U.S. District Judge Donetta Ambrose ordered Slippery Rock to reinstate the women's teams; women still were getting the short end of the stick.

Judge Ambrose found the discrimination intentional. She has a point. For only $65,000 annually, the women's programs can go on. But the judge said she would reconsider her order if Slippery Rock later proves it has gotten its act in order by accommodating women as well as it does men.

Beth Choike 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.