EIA Petitions Supreme Court for Hearing

Seeks Reinstatement of Ten Athletic TeamsNovember 18, 2008 -- Roanoke, Virginia -- Equity in Athletics, Inc. ("EIA") filed a petition that asks the U.S. Supreme Court to hear EIA's case for a preliminary injunction to reinstate the ten intercollegiate athletic teams that James Madison University ("JMU") demoted to club status effective July 1, 2007.

The petition argues that the U.S. Court of Appeals improperly evaluated EIA's entitlement to a preliminary injunction for three primary reasons:

* The Fourth Circuit applied an overly harsh standard for preliminary injunctions and failed to hold JMU's uncontested years of illegal secret meetings and its months of footdragging against JMU;
* The Fourth Circuit incorrectly found that it "impermissible" to challenge JMU's conduct, simply because JMU was following federal guidance (which EIA contends is procedurally and substantively illegal); and
* The Fourth Circuit failed to recognize that the federal guidance, known as the Three-Part Test, unlawfully changed the standard for Title IX compliance from an equal interest-based opportunity to equal enrollment-based participation.

"The most disturbing thing about the Fourth Circuit's decision is its suggestion that we cannot challenge the constitutionality of JMU's actions because some bureaucrat wrote a memo," said Lawrence J. Joseph, one of EIA's attorneys. He added that the issue of whether Title IX somehow displaces the opportunity to bring a constitutional challenge currently is before the Supreme Court in Fitzgerald v. Barnstable School Committee, which may help EIA even if the Court does not give EIA a full hearing.

EIA’s appellate counsel are Larry Joseph (Washington, D.C.) and Douglas G. Schneebeck (Albuquerque, New Mexico). Schneebeck is a graduate of James Madison University, and was the captain of JMU’s 1982 track and field squad. Men’s track is among the sports set for elimination by JMU. Media inquiries should be directed to Doug Schneebeck (505-848-1869).

More information is available at http://www.equityinathletics.org

For More Information Contact:

Equity in Athletics, Inc.

1711 Grandin Rd., SW, Roanoke, VA 24015

Internet: info@equityinathletics.org

Background

The legal battle began when JMU announced it would eliminate the 10 teams to meet Title IX's gender-equity goals.

JMU cut men's archery, cross country, gymnastics, indoor track, outdoor track, swimming and wrestling, and women's archery, fencing and gymnastics.

In February 2007, students, coaches and alumni formed EIA and announced they would sue the government.

Title IX was enacted in the 1970s to create equality between men and women in collegiate sports and other programs.

EIA, however, wants the government to set aside a test that federally funded colleges have used to comply with that law.

At first, EIA didn't include JMU in its lawsuit because the group said it thought the government misled the university, along with dozens of other schools across the nation, into believing it was obliged to cut sports to comply with the law. Instead, EIA asked JMU to hold off on the cuts until the lawsuit was settled.

JMU refused, and, in June 2007, EIA added the university, JMU President Linwood Rose, Athletic Director Jeffrey Bourne and JMU's board of visitors to its lawsuit against the Department of Education. EIA filed the suit in U.S. District Court in Harrisonburg but the case was moved to Roanoke.

In July of last year, JMU officially cut the sports.

More on Ohio Universities dropping men’s athletics…

http://www.runohio.com/archive/news/12-17-07Ohio_Track.html