Marshall Swimmers File Title IX Suit over Program Cut
Athletes from Marshall University’s women’s swimming and diving program filed a lawsuit this week alleging that the university infringed on their rights under Title IX in cutting their program.
The lawsuit was filed Monday in U.S. District Court in southern West Virginia on behalf of 15 undergraduate swimmers. It contends that Marshall discriminated against current female student-athletes and potential future ones on the basis of sex by eliminating their opportunities to compete.
Athletic director Gerald Harrison cited the team’s annual budget of $819,000 and aging facilities that the university doesn’t have the resources to renovate to NCAA competition standards as among the reasons for shuttering the program. It paired the discontinuation of swimming and diving with the addition of women’s stunt, which would accommodate more athletes (up to 65) at an estimated annual budget charge of $320,000 per year.
The athletes allege that not only is swapping stunt for swimming insufficient for Marshall to meet its Title IX requirements, but even adding stunt to swimming would leave them short of the standard for “substantially proportionate” opportunities. The swimmers contend the university has failed to show a “history and continuing practice of program expansion responsive to the interests and abilities of the sex that has been historically underrepresented.” They also point out that the number of 65 stunt athletes ia a far-off number in a relatively new sport that only achieved NCAA championship status in January.
Marshall has maintained that cutting the program is in the best financial interests of the university.
“Our months-long financial review of athletic programs at Marshall showed that the swimming and diving program, while successful in the classroom and in the pool, was not sustainable at the level necessary to compete for Division I championships,” Harrison said in a joint statement released after the suit was filed. “This was not an easy decision, but we believe it remains the best option at this time. Our priority remains the well-being of our student-athletes and the trust of the entire Marshall community.”
The decision to cut the program was levied on Marshall in mid-February, with new leaking out ahead of a Feb. 17 board of governors meeting that occurred while the Thundering Herd competed in the American Athletic Conference Championships. Marshall performed outstandingly there given the circumstances.
Marshall’s program is the latest swim program cut amid increased financial pressures on universities in the wake of NCAA restructuring, compensation for athletes and name, image and likeness (NIL) allowances to athletes. While Title IX – which require universities and all bodies taking federal money to offer equitable opportunities between men and women and to not discriminate “on the basis of sex” – mean men’s programs have felt the pinch in many cases, women’s teams have not been immune.
