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UNI Threatened With Lawsuit:

University Could Face Gender Bias Lawsuit After Program Cuts

By TOM WITOSKY
Des Moines Register
06/13/2002

Northern Iowa should reverse a decision to drop two women's athletic programs or be prepared to face gender discrimination litigation, school officials have been told.

Arthur Bryant, executive director for Trial Lawyers for Public Justice, urged Northern Iowa officials to reconsider the elimination of the women's swimming and diving program and the women's tennis program, citing a federal law requiring comparable opportunities for male and female athletes.

Photo of TLPJ Executive Director Arthur H. Bryant TLPJ Executive Dir. Arthur Bryant

Photo of TLPJ Staff Attorney Rebecca Epstein TLPJ Attorney Rebecca Epstein

"We believe elimination of the teams constitutes discrimination against the university's women athletes and potential athletes in blatant violation of Title IX," Bryant wrote in a letter this week to school president Robert Koob. A copy of the letter was obtained by The Register under the state's open records law.

Bryant said his group, which has won discrimination lawsuits against Brown University and Temple, had been retained to represent female athletes at Northern Iowa. He wants a meeting with school officials to discuss the women's programs.

Jim O'Connor, director of marketing and public relations for the university, said school officials are attempting to schedule such a meeting.

Rick Hartzell, Northern Iowa's athletic director, declined comment.

"Unless we are able to resolve their claims without the need for litigation, we are prepared to file suit," Bryant said. "If we succeed in litigation, UNI will be required to alter its conduct, come into compliance with the myriad requirements of Title IX and reimburse us for the costs and attorney fees incurred throughout the course of the litigation."

Northern Iowa athletic officials announced last month their decision to drop four varsity sports programs because of budget cuts at the school. The four programs eliminated were men's and women's swimming and diving, as well as men's and women's tennis.

Officials have estimated that the athletic department will save about $327,000 annually by dropping the programs.

Rebecca Epstein, a staff attorney for the Trial Lawyers, also said the group would urge the school to keep all four sports programs.

"That is ideally what we want to see," she said.

Hartzell expressed confidence last month that the school's decision could withstand a legal challenge because the athletic department added a women's soccer program in 2000 and because the school has "worked hard to enhance opportunities."

"We are confident we are accommodating the abilities and interests of Iowa kids," he said.

Bryant disputed that contention in his letter by arguing that the school can't meet any one of the three standards used to measure compliance with the Title IX. A school can comply if:

* Participation opportunities are in substantial proportion to the number of female and male students in the undergraduate student body.

* Sports programs are added for the underrepresented gender historically and continually if there is a demonstration of interest and ability.

* Sports interest and abilities of the underrepresented gender are met fully and effectively by the current athletic department programs.

Bryant's letter pointed out that females made up 58 percent of the undergraduate student body in 2000-01, but only 36.4 percent of the school's athletes, before the programs were cut.

Bryant said eliminating the two women's programs prohibits the school from meeting the other tests.

"We believe that the members of the women's swimming and diving and tennis teams and other women athletes and potential athletes at UNI have legally and enforceable claims against the university," the letter said.

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