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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.
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TLPJ Executive Dir. Arthur Bryant
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TLPJ Attorney Rebecca Epstein
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"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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