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Bama News
Financially challenged schools considering cutting sports in the wake of the coronavirus pandemic are making difficult decisions of who gets to keep playing and who doesnât.
The choices arenât just about money when they involve womenâs sports. And while Title IX doesnât prevent womenâs sports from being eliminated, the federal law is a huge part of the conversations.
âI wouldnât say that womenâs sports aremoreatrisk,âsaidattorneyTimothy J. OâBrien, who is based in Maine with a practice focused on employment and college sports law. âI would say that all sports in an economic downturn will be scrutinized. But it should be done in a fair and equitable manner so at the end of the day the institution is compliant with Title IX.â
The civil-rights law, which applies to each gender, is credited with expanding womenâs opportunities and participation in sports.
With the shutdown of college and professional sports in March amid the pandemic, itâs unclear how many schools will be able to have sports on reopened campuses this fall. Some â including Appalachian State, Cincinnati, East Carolina, Furman and Old Dominion â have already cut nonrevenue sports programs, but any move must ensure equitable treatment of remaining menâs and womenâs athletics programs to comply with Title IX.
Established in 1972, Title IX prohibits discrimination on the basis of sex in any education program or activity receiving federal funds, such as student financial aid. It applies to sports by ensuring men and women have equitable participation opportunities, as well as access to scholarships.
While schools are facing financial hardships, Boston-based attorney Janet P. Judge said that fact doesnât nullify Title IX responsibilities.
âTitleIXstillapplies,âsaidJudge,who focuses on sports and civil rights law. âItâs a federal law that still applies. Itâs not suspended because there are financial challenges for the institutions.â
Schools are reviewing guidelines with college athletics facing an uncertain financial future â including big-budget programs that rely on football as the revenue driver through lucrative TV deals and the ability to fund lower-profile sports. There was also the hit from the cancellation of the NCAA Tournament, which meant far less money distributed to Division I schools.
OâBrien, who joined Judge in coauthoring the NCAA gender equity manual,saidschoolsareâkeenlyawareâ that decisions canât be based solely on which programs cost the most money with the least return. Thatâs because any decision to cut sports can affect theâdelicatebalancingactâincomplying with Title IX when it comes to the schoolâs gender breakdown of athletes and sports, he said.
Still,itdoesnâtmandateschoolsoffer menâs and womenâs programs that are mirror images. As an example, NCAA guidelines require Football Bowl Subdivision schools to sponsor at least 16 varsity sports with a minimum of six for men or mixed-gender teams, and eight for women.
OâBrien said compliance can be measured in multiple ways, including whether the overall sports programâs gender breakdown is proportionate to that of the general student body.
âThatâs really the focal point of the analysis: whatâs left, not what was eliminated?â OâBrien said.
Like OâBrien, Judge does not believe womenâs programs are at more risk because it âwould be difficultâ for schools to comply with Title IX while widely cutting womenâs sports. So far, theyâreright;moremenâsprograms(16) have been cut than womenâs (four) in Division I as of Tuesday, according to a count by The Associated Press.
Old Dominion said in early April it would discontinue wrestling, saving about $1 million. The school said that decision followed a six-month outside study of its athletics program that included Title IX compliance considerations, with athletics director Camden Wood Selig saying the decision to cut a sport âbecame even more clearâ with the pandemic.
Later that month, Cincinnati eliminated a menâs soccer program in existence since 1973.
In May, Florida International dissolved its menâs indoor track and field program. Akron eliminated three sports â menâs cross country, menâs golf and womenâstennisâtosave$4.4million. Bowling Green followed with the shutdown of baseball to reduce the athletics departmentâs operating budget by $2 million.
Last week, Furman cut baseball and menâs lacrosse, while East Carolina eliminated four sports â menâs and womenâsswimminganddiving,menâs and womenâs tennis â in a plan to save $4.9 million.
And Tuesday, Appalachian State cut menâs soccer, menâs tennis and menâs indoor track and field in a plan to reduce the budget by $5 million for the 2021 fiscal year.
There are other financial considerations, too. Wake Forest athletics director John Currie noted that non-revenue sports frequently have athletes on partial scholarships, meaning a team roster could have the equivalent of numerous athletes paying full tuition. So cutting a sport might reduce expenses for an athletics department yet cause a net revenue loss for a school more broadly.
