Group Adds University to Lawsuit over James Madison Sport Cuts

JMU plans to cut 10 teams

June 7, 2007

HARRISONBURG, Va. (AP) -An advocacy group added James Madison and some of its officials to a lawsuit attempting to stop the school from cutting teams to comply with federal law demanding equality in male and female sports.

Equity in Athletics Inc., a group of 450 athletes, coaches, parents and fans formed after the university announced plans in September to cut 10 sports programs, added the university, president Linwood Rose, athletic director Jeffrey Bourne and JMU's board of visitors on Friday to its lawsuit against the federal government.

JMU said it was cutting the programs because Title IX requires equal participation in sports based on enrollment. Under the plan, total participation in athletics would move to 61 percent female and 39 percent male, which matches the current student enrollment figures for the school's approximately 16,900 students.

The group sued the U.S. Department of Education in March, claiming that requiring gender proportionality with enrollment rates is unconstitutional.

"Capping a male athlete off a team or cutting an entire men's team to meet an enrollment-based quota or because not enough female students elect to participate in the available opportunities violates the Equal Protection Clause of the Fourteenth Amendment," states the lawsuit, filed in U.S. District Court in Harrisonburg.

The group also plans to ask for a preliminary injunction to stop the cuts, attorney Larry Joseph said. If the judge grants the injunction, the school could be forced to hold off on plans to eliminate the programs on July 1.

"We're trying to find a way to protect women without harming men," said EIA President John Licata, a former JMU wrestling coach.

The group added JMU to the lawsuit after the school refused to hold off on cutting the sports until the lawsuit was settled, Licata said.

A JMU spokesman said the university would not comment on pending litigation.