Estates Litigation

Florida A & M University Reinstates Swimming and Diving Teams

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

Florida A & M University (FAMU) of Tallahassee, Florida, has agreed to reinstate its women's swimming and diving teams to avoid a sex discrimination lawsuit threatened by the national public interest law firm Trial Lawyers for Public Justice (TLPJ) and Philadelphia's Hangley Aronchick Segal & Pudlin.  In a demand letter dated August 9, 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 confirmed that it will reinstate the teams.

"This is a wonderful result for the female swimmers and divers at FAMU, who were devastated by the school's decision to cut the teams," said plaintiffs' co-counsel Shanon Levin of Hangley Aronchick Segal & Pudlin. "We applaud FAMU for doing the right thing, instead of the expedient thing. This is a victory for everyone who cares about equality."

In its demand letter, TLPJ explained that FAMU's decision to cut the women's swimming and diving 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 FAMU failed the test because (1) women students comprise 58 percent of the undergraduate student body at FAMU, but are offered less than 29 percent of the opportunities to participate in athletics; (2) the school has not demonstrated a "history and continuing practice" of expanding its women's sports program over time 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 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.

FAMU announced its decision to cut the women's swimming and diving teams in July 2005, citing budgetary concerns. In the words of FAMU's Interim Athletic Director E. Newton Jackson, the athletic budget needed to be reduced after it "ballooned to more than $9.2 million this year as a result of the university's failed move to Division 1-A in football." This decision shocked the team members, who were anticipating a full competitive season in 2005-06.  At the same time, FAMU announced that it had decided to cut men's swimming and diving, tennis, and golf as well, also citing budgetary reasons. In its letter, TLPJ advised FAMU 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.

"Although we are confident that we could have won this case in court, we are extremely pleased that FAMU has agreed to reinstate the teams," said TLPJ Staff Attorney Leslie A. Brueckner, co-counsel for the team. "FAMU has one of the worst records in the country in terms of accommodating female athletes, and its decision to cut women's swimming and diving teams added serious insult to injury.  Now that the teams are reinstated, we hope that FAMU will turn its attention to creating even more participation opportunities for women." 

"I'm thrilled and relieved that the teams have been reinstated," said team member Nyisha Green-Washington. "The decision to cut the teams came as a complete shock to us. For months, we have been asking the school to change its mind, yet the administration has refused. We are happy and relieved that the school has finally agreed to comply with the law."

In addition to Levin and Brueckner, the plaintiffs' legal team includes Sharon McKee and William T. Hangley of Hangley Aronchick Segal & Pudlin and Jerry Traynham of Tallahassee's Patterson & Traynham. The demand letter is posted on TLPJ's web site, www.tlpj.org.