Michael Thomas of Cincinnati heads the soccer ball. The American Athletic Conference school last month cut men’s soccer, a 47-year-old program, to save money. ( 2006 File Photo/WireImage)

COLLEGE SPORTS

Cuts must not violate Title IX
Cash-strapped schools that ax programs can’t give up gender balance
By AARON BEARD

Financially challenged colleges considering cutting sports in the wake of the coronavirus pandemic are making difficult decisions of who gets to keep playing and who doesn’t.

The choices aren’t just about money when they involve women’s sports. And while Title IX doesn’t prevent women’s sports from being eliminated, the federal law is a huge part of the conversations.

“I would say that all sports in an economic downturn will be scrutinized,” said attorney Timothy J. O’Brien, who is based in Maine with a practice focused on employment and college sports law. “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.”

The civil rights law, which applies to each gender, is credited with expanding women’s opportunities and participation in sports.

With the shutdown of college and professional sports in March amid the pandemic, it’s unclear how many schools will be able to have sports on reopened campuses this fall. Some — including Appalachian State, Cincinnati, East Carolina, Furman and Old Dominion — have already cut nonrevenue sports programs, but any move must ensure equitable treatment of remaining men’s and women’s 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 doesn’t nullify Title IX responsibilities.

“Title IX still applies,” said Judge, who focuses on sports and civil rights law. “It’s a federal law that still applies. It’s not suspended because there are financial challenges for the institutions.”

Schools are reviewing guidelines with college athletics facing an uncertain financial future — 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.

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.It would be difficult for schools to cut women’s programs and remain in compliance with Title IX. More men’s programs (16) have been cut than women’s (four) in Division I as of Tuesday, according to a count by The Associated Press.

There are other financial considerations, too.

Wake Forest athletics director John Currie noted that nonrevenue 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.

It’s just one example, he said, of detailed evaluations any school must make while also fulfilling its Title IX requirements.

Meeting that threshold is not optional, though Currie noted a harsh reality: “Not every school can be everything to everybody.”