Kelley v. University of Illinois case brief summary
35 F.3d 265 (1994)
CASE FACTS
Appellant athletes, members of a state university men's swimming team, brought an action against appellees, university trustees and officers, alleging that appellees violated Title IX of the Education Amendments of 1972, 20 U.S.C.S. § 1681, and U.S. Const. amend. XIV by terminating the men's swimming program. The disputed decision was based on a need to reduce an overall athletic budget deficit without eliminating athletic opportunities for women to an extent that would discriminate under Title IX.
PROCEDURAL HISTORY
The district court granted appellees summary judgment. Appellants argued that the applicable regulation, 34 C.F.R. § 106.41, and policy interpretation, 44 Fed. Reg. 71,418 (1979), perverted Title IX and violated equal protection by fostering discrimination against males.
DISCUSSION
The court affirmed. By allowing a school to consider gender when determining which athletic programs to terminate, the challenged administrative provisions ensured that in instances where overall athletic opportunities decreased, the actual opportunities available to the underrepresented gender did not. As such, the court held that the challenged provisions passed both statutory and constitutional muster.
CONCLUSION
The court affirmed summary judgment for appellees, university trustees and officers, because the district court correctly determined that their decision to terminate the men's swimming program in which appellant athletes participated did not violate Title IX or the equal protection clause.
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35 F.3d 265 (1994)
CASE SYNOPSIS
Appellant athletes, members of a
university men's swimming program terminated by appellees, university
trustees and officers, challenged the order of the United States
District Court for the Central District of Illinois, which granted
appellees summary judgment in appellants' action claiming that the
termination violated Title IX of the Education Amendments of 1972, 20
U.S.C.S. § 1681, and the equal protection clause of U.S. Const.amend. XIV.CASE FACTS
Appellant athletes, members of a state university men's swimming team, brought an action against appellees, university trustees and officers, alleging that appellees violated Title IX of the Education Amendments of 1972, 20 U.S.C.S. § 1681, and U.S. Const. amend. XIV by terminating the men's swimming program. The disputed decision was based on a need to reduce an overall athletic budget deficit without eliminating athletic opportunities for women to an extent that would discriminate under Title IX.
PROCEDURAL HISTORY
The district court granted appellees summary judgment. Appellants argued that the applicable regulation, 34 C.F.R. § 106.41, and policy interpretation, 44 Fed. Reg. 71,418 (1979), perverted Title IX and violated equal protection by fostering discrimination against males.
DISCUSSION
The court affirmed. By allowing a school to consider gender when determining which athletic programs to terminate, the challenged administrative provisions ensured that in instances where overall athletic opportunities decreased, the actual opportunities available to the underrepresented gender did not. As such, the court held that the challenged provisions passed both statutory and constitutional muster.
CONCLUSION
The court affirmed summary judgment for appellees, university trustees and officers, because the district court correctly determined that their decision to terminate the men's swimming program in which appellant athletes participated did not violate Title IX or the equal protection clause.
Suggested Study Aid For Sports Law
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