Cutting Sports and Cutting Corners: The Effect of COVID-19 Sport Cuts on Title IX Compliance
DOI:
https://doi.org/10.18060/28393Keywords:
Title IX, participation opportunities, cutting sports, NCAAAbstract
College sports changed in March 2020 due to the fiscal impact of multiple seasons of lost revenue and increased health and safety costs created in part by a global pandemic. In the year following, NCAA institutions often looked to eliminating sponsorship of athletic teams to cut costs during a time of such financial instability. This article examines the impact of sport cuts during the COVID-19 pandemic on equity in participation opportunities, ultimately noting whether each institution that eliminated sports would likely be compliant with Title IX. Title IX was passed more than 50 years ago, and many colleges and universities are still non-compliant in providing equitable participation opportunities. College athletics is currently in a period of rapid change and fiscal uncertainty; this research provides a reminder and a road map for institutions to make programming decisions that will be compliant with Title IX in the future.
References
Axon, R. (2022, Dec. 15). What happens if a school doesn’t comply with Title IX? Not a whole lot. USA Today. Retrieved from https://www.usatoday.com/in-depth/news/investigations/2022/12/15/title-ix-enforcement-essentially-toothless-mired-red-tape-delays/10803850002/?build=native-web_i_p
Balow v. Mich. State Univ., 24 F.4th 1051 (U.S. App. 2022).
Berkowitz, S. (2022, December 12). Supreme Court won't hear case that could have changed Title IX's impact on college sports. USA Today. Retrieved from https://www.usatoday.com/story/sports/college/2022/12/12/supreme-court-wont-hear-title-ix-case-college-sports/10880478002/
Covid-19 Era dropped & suspended sports. (2021, May 7). Retrieved from http://almanac.mattalkonline.com/covid-19-era-dropped-sports/#
Education Amendments of 1972, S.659, 92nd Cong. (1972). https://www.congress.gov/bill/92nd-congress/senate-bill/659.
Estimated probability of competing in college athletics. NCAA.org. (2020, April 8). Retrieved from https://www.ncaa.org/sports/2015/3/2/estimated-probability-of-competing-in-college-athletics.aspx
Equity in Athletics Data Analysis. Equity in Athletics. (n.d.). Retrieved from https://ope.ed.gov/athletics/#/
Four-Year Colleges' Experiences Adding and Discontinuing Teams. Washington DC: The United States General Accounting Office; 2001. Report No. GAO-01-297.
History. NCAA.org. (2021, June). Retrieved from https://www.ncaa.org/sports/2021/5/4/history.aspx
Marshall, M., Arkin, D., & Syed, K. (2020, October 17). College sports cuts in the wake of covid-19 are clouding the future of Olympics participation. NBCNews.com. Retrieved October 30, 2022, from https://www.nbcnews.com/news/sports/college-sports-cuts-wake-covid-19-are-clouding-future-certain-n1243803
Michigan State Announces Plans to Discontinue Swimming & Diving After 2021. Michigan State University Athletics. (2020, October 22). Retrieved from https://msuspartans.com/news/2020/10/22/general-michigan-state-announces-plans-to-discontinue-swimming-diving-after-2021.aspx
NCAA Sports Sponsorship Report and Participation Rates Report. (2022, January 6). Retrieved from https://ncaaorg.s3.amazonaws.com/research/sportpart/2021RES_SportsSponsorshipParticipationRatesReport.pdf
Ollier v. Sweetwater Union High Sch. Dist., 604 F.Supp.2d 1264, 1274(S.D.Cal.2009)
Paul, T. (2022, December 16). MSU: There's no 'viable path' for bringing back swimming, diving programs. The Detroit News. Retrieved from https://www.detroitnews.com/story/sports/college/michigan-state-university/spartans/2022/12/16/msu-trustee-says-theres-no-path-forward-for-swimming-and-diving-programs/69734759007/
Santo, P. (2021, March 15). UConn golf trying to reach the next level. Golf News Net. Retrieved from https://thegolfnewsnet.com/petersanto/2021/03/15/uconn-golf-trying-to-reach-the-next-level-122188/
Simon, L., Dieringer, S. T., Wanless, E., Tyner, R. M., & Judge, L. W. (2014). IX Proportionality Prong: Compliance of Division I FBS Universities. The Journal of SPORT, 3(2), 3.
Swanson, R., & Smith, A. (2020) COVID-19 and the cutting of college athletic teams, Sport in Society, 23:11, 1724-1735, DOI: 10.1080/17430437.2020.1804106
Thomas, K. (2011, Apr 28). Title IX: Universities Padding Their Women's Rosters a Common Practice. Retrieved from: http://libproxy.lib.unc.edu/login?url=https://www.proquest.com/newspapers/title-ix-universities-padding-their-womens/docview/863755660/se-2
Title IX Frequently Asked Questions. NCAA. (n.d.). Retrieved from https://www.ncaa.org/sports/2014/1/27/title-ix-frequently-asked-questions.aspx#how
US Department of Education. (1996, January 16). Clarification of Intercollegiate Athletics Policy guidance: The Three-part test. Retrieved from https://www2.ed.gov/about/offices/list/ocr/docs/clarific.html#two
US Department of Education. (2020, August 26). Intercollegiate Athletics Policy: Three-Part Test -- Part Three. Retrieved from https://www2.ed.gov/about/offices/list/ocr/docs/title9-qa-20100420.html
Weaver, Karen. “Michigan State Swimmers Lost Their Program but Can Claim Victory Moving Forward.” Forbes, 8 Feb. 2023, www.forbes.com/sites/karenweaver/2023/01/28/michigan-state-swimmers-lost-the-battle-but-may-have-won-the-war/?sh=75e224935feb.
Yanus, A., & O’Connor, K. (2016). To Comply or Not to Comply: Evaluating Compliance with Title IX of the Educational Amendments of 1972, Journal of Women, Politics & Policy, 37:3, 341-358, DOI: 10.1080/1554477X.2016.1188601
-20 Blackburn College Women's Tennis Roster. Blackburn College. (n.d.). Retrieved from https://www.blackburnbeavers.com/sports/wten/2019-20/roster
-20 Brown University Women's Golf Roster. Brown University Athletics. (n.d.). Retrieved from https://brownbears.com/sports/womens-golf/roster?path=wgolf
-20 Women's Golf Roster. Hampton University Athletics. (n.d.). Retrieved from https://hamptonpirates.com/sports/womens-golf/roster
Field Hockey Roster. SUNY Morrisville. (n.d.). Retrieved from https://morrisvillemustangs.com/sports/field-hockey/roster
Men's Soccer Roster. University of Cincinnati Athletics. (n.d.). Retrieved from https://gobearcats.com/sports/mens-soccer/roster?path=msoc
Softball Roster. Wright State University Athletics. (n.d.). Retrieved from https://wsuraiders.com/sports/softball/roster
Women's Skiing Roster. Brown University Athletics. (n.d.). Retrieved from https://brownbears.com/sports/womens-skiing/roster