A federal judge in Connecticut has ruled that Quinnipiac University violated Title IX of the Education Amendments of 1972 by failing to provide equal opportunities for athletics participation to female students.
In a 95-page opinion, District Judge Stefan R. Underhill called for Quinnipiac to produce within 60 days a plan detailing how it will come into compliance with Title IX regulations for the 2010-11 academic year.
The ruling also said that a varsity cheerleading team, which the university created this past year, may not be considered a varsity sport for purposes of complying with federal gender-equity law.
Members of the women’s volleyball team, along with their coach, had sued Quinnipiac last spring after the private university said it would cut the team—along with men’s golf and men’s outdoor track—to save money. Judge Underhill later ordered the university to reinstate the volleyball team while the case was pending.
We’ll have more details of the ruling later today.
20 Responses to Judge Rules Against Quinnipiac U. in Title IX Case
redhead55 - July 21, 2010 at 4:02 pm
will try to get opinion
11319762 - July 21, 2010 at 4:23 pm
Why shouldn’t cheerleading count as a varsity sport? If it is a real program, the cheerleaders are generally drawn from the gymnastics crowd, follow a training regimen as other sports do, and receive scholarships the way any varsity athlete could. Plus, it is one of the only co-education athletics opportunities out there. Let Judge Underhill make it through one cheerleading practice before he decides what is a sport.
walrus - July 21, 2010 at 4:24 pm
I can’t wait to hear how the judge came to this remarkable conclusion. Modern cheerleading is basically gymnastics. How can it be a sport to just run fast, but not to do the kind of stunts modern cheerleaders do? Yes, I do look forward to learning more about this opinion.
11172680 - July 21, 2010 at 4:31 pm
One factor to be considered is the level of competition available.
dereklambert - July 21, 2010 at 4:32 pm
Cheerleading is an athletic activity, however, to replace a sport with cheerleading is unfair to women athletes in general. I am glad the court upheld the spirit of Title IX.
physicsprof - July 21, 2010 at 4:34 pm
#2, vigor of the workout has nothing to do with it being a sport. Cheerleading not being “established” sport has a lot to do with the competitions, federations, memeberships, or the lack of thereof.#3, link to the opinion is available above.
ridpath696 - July 21, 2010 at 5:06 pm
One of my colleagues said it best–if cheerleading is considered a sport (I do believe they are some viable arguments to support this) then marching band should also be considered a sport (I also believe this). Until cheerleading becomes an emerging sport by the NCAA and the level of competition, championships, conferences are all sorted out, etc.–it should not be considered a sport especially when it is being used to meet Title IX while not doing anything to reduce rosters and expenditures in the sports that need to be cut and managed better.
ridpath696 - July 21, 2010 at 5:08 pm
to clarify when I say cut–I mean cutting expenses, overhead etc. not cutting the sport completely.
bstevens - July 21, 2010 at 5:18 pm
When the NCAA recognizes it, then it will be. Does collegiate rodeo count as a sport for Title IX?
walrus - July 21, 2010 at 5:27 pm
@physics: Thanks. I just saw “We’ll have more details” and assumed it meant the decision hadn’t been published. Missed the hyperlink. I accept the judge’s reasoning.
jthelin - July 21, 2010 at 5:47 pm
I think lobbying is a sport — highly competitive, requires strong muscular development in doing deep knee bends while extending hands either for a handshake or an ear mark. And, all sides are keeping score.In 1974 James Michener shifted from fiction to serious non-fiction in SPORTS IN AMERICA and discussed whether dance was a sport. So, cheer leading should take a number for better service and get back in line.Several commentators mentioned the connections with gymnastics for cheer leading. But, look how many colleges eliminated varsity gymnastics! Cheer leading does have scored competition, but it is outside and after the primary season on the sidelines, and is a bit of a stretch in which a support group then claims to be the main event.Here’s a disingenuous move by a major university: a few years ago U of Oregon eliminated its varsity wrestling program — a very strong, nationally ranked program with a long heritage of great teams and individual champions (all men), but added cheer leading as an alleged varsity sport. Very clever. Yet another example where Athletics Directors keep bobbing and weaving around the letter and spirit of Title IX.One and Done!
stevenkass - July 21, 2010 at 5:51 pm
Adding to what physicsprof and others wrote:Fortunately for the judge (and the rule of law in general), words used in legislation often have precise meanings. They don’t always correspond to what people think and what non-legal dictionaries say. In this case, the judge correctly interpreted “sport” in context. He examined “the set of factors that the [Department of Education's Office of Civil Rights] uses to determine whether an activity is a sport.” He concluded that competitive cheer is not a sport with respect to Title IX.For a judge to do otherwise would be irresponsible. Whether or not competitive cheer is a “sport” as commenter walrus understands the word isn’t the issue.To give a more extreme example of why this matters, change the question “Is competitive cheer a sport?” to “Is abortion murder?” Fortunately, there’s currently no ambiguity about the legal answer to the latter question (No). A judge interprets the law, and while the word “opinion” is used to describe a judge’s ruling, it’s an informed and researched opinion based on legal precedent, not a “what I think” feeling-kind-of opinion.
11159995 - July 21, 2010 at 6:37 pm
Comparing cheerleading to gymnastics is like comparing synchronized swimming, or water ballet, to competitive swimming. The former of these pairs takes talent that is in some ways similar to the other acknowledged sport, but puts it into practice as part of an organized group activity, whereas both gymnastics are competitive swimming are essentially individual sports (relays in swimming being a partial exception). One difference, of course, is that synchronized swimming was officially given status as an Olympic sport starting in 1984 whereas cheerleading has not yet attained that status. Who gets to decide when a physical activity becomes a sport?—Sandy Thatcher
physicsprof - July 21, 2010 at 7:55 pm
“One difference, of course, is that synchronized swimming was officially given status as an Olympic sport starting in 1984 whereas cheerleading has not yet attained that status. Who gets to decide when a physical activity becomes a sport?”From http://www.olympic.org/en/content/Sports/“How does a sport become Olympic?To make it onto the Olympic programme, a sport first has to be recognised: it must be administered by an International Federation which ensures that the sport’s activities follow the Olympic Charter. If it is widely practised around the world and meets a number of criteria established by the IOC session, a recognised sport may be added to the Olympic programme on the recommendation of the IOC’s Olympic Programme Commission.”
walrus - July 21, 2010 at 8:35 pm
@stevenkass: Just so long as you saw what I wrote at #10 as well.
princeton67 - July 21, 2010 at 9:33 pm
To those who mention the Olympics as a standard: What happens when the event is eliminated? Club Swinging, Polo, rugby, golf, and lacrosse were all in at least two Olympics. What about Live Pigeon Shooting (1900 Paris)?
ridpath696 - July 21, 2010 at 10:18 pm
Live pigeon shooting? Now that is something I could really like :)
jthelin - July 22, 2010 at 8:34 am
Well, as one astute resondent noted, judges (and bloggers) have to use precise wording. I’m glad the Olympic committee specified that it was LIVE pigeon shooting. Other wise, the sport would be something of a dead duck.I have to get back to watching Olympic rhtymic dancing
goxewu - July 22, 2010 at 1:29 pm
OK, the sport of college football gets real popular and sprouts cheerleading squads. Cheerleading squads get popular and start adding tumbling to their “Gimme a an ‘S’!” routines. College cheerleading gets athletic and competitive on ESPN, so it’s designated a college sport. Since the sport of college cheerleading is judged, quasi-subjectively, like figure-skating and gymnastics, appearance counts for a lot. Since appearance counts for a lot, college cheerleaders’ costume-designing becomes real popular. Then somebody gets the bright idea to put CCCD on television–say Bravo–as a competition, with lots of frantic running around, judges’ scoring, etc. When some college gets in a Title IX pinch, somebody at the college gets the bright idea to declare it a sport. Then, since CCCD requires a lot of money, fundraising for it becomes real popular. So somebody gets the bright idea to put fundraising for CCCD as a competition on CNBC. Another Title IX pinch, and CCCDFR is declared a college sport. And since fundraisers need energy from well-prepared meals, catering for CCCDFR gets real popular, and….Somebody once said it’s only a bona fide sport if it involves a ball, a race, or a fight. A little severe, perhaps, but a line between real sports and things auxilliary to real sports should be drawn somewhere. A line leaving college cheerleading on the outside seems about right.Afterthought: What if some college drops football for enconomic reasons. Should they keep their competitive cheerleading squad?
jrod643 - July 22, 2010 at 3:19 pm
Goxewu – I could not agree more. The line for sport should be drawn when a clear and decisive victor can be determined. The only thing deciding wether one cheer squad is better from another is a panel of subjective judges being entertained. I’ve been debating this issue with friends for a long time and I always ask this simple question. What is the purpose of a cheer routine? To entertain! The entertainment of the individuals is a by product of entertaining others. Where as a sport entertains the individuals participating and as a by product entertains others. That’s the line! As far as I’m concerned the Olympics have gone way too far with there leniancy on what is a sport. However, it’s called the olympic games for a reason and not the Olympic Sporting Events. There’s even a line in the Olympic. For example: Basketball is an Olympic Sporting Event. Figure skating is Olympic competition. So the argument that if it’s in the Olympics it’s a sport is irrelevant. I don’t disagree that cheerleaders should be considered Athletic Competitors, they work hard, but what they do is not a sport. That title is reserved for those that compete where a clear and decisive victor can be ascertained. What they are is entertainers and should take pride in that title. I don’t really see why every cheerleader I cross gets offended when I say that what they do is not a sport… I’m not trying to belittle anyone and it’s the same case here in the article. Simply stating the facts. There’s a distinction between sport and entertainment.