Jonathan F. (Jon) Duncan, Thursday, July 22, 2010 | Filed under: Title IX
In a lengthy
decision released today, a federal court in Connecticut ruled that Quinnipiac University violated Title IX by failing to provide equal partication opportunities to female student-athletes. The court gave the University flexibility to determine how it would bring itself into compliance with Title IX, but ordered submission of a compliance plan within 60 days. The court also ordered continuation of the women's volleyball program through the 2010-2011 season.
Key to the court's analysis was its conclusion that cheerleading is not a competitive sport. Accordingly, cheerleaders are not included when calculating athletic participation opportunites for females. The court's treatment of cheerleading is consistent with the position taken by the Department of Education, Office for Civil Rights. This is an important reminder in assessing compliance with anti-discrimination laws.