Michigan State Argues It’s Title IX Compliant, Despite a Judge Saying Otherwise

Michigan State submitted its Title IX compliance plan last week ahead of an upcoming trial in the university’s ongoing legal battle against members of the women’s swim team that was cut in 2021.

MSU argued that it’s currently in compliance with Title IX, despite a ruling last August that deemed the school out of compliance for having more male athletes than female. MSU wants to measure equal participation based on percentages of male and female athletes rather than a numerical gap.

“MSU is not aware of any court or administrative determination that a participation gap of only nine individuals – particularly at a university with over 800 student-athletes – violates Title IX,” the plan said, according to The State News.

MSU added that reinstating the women’s swim team would actually tilt the gender ratio more out of balance. The plan claimed the average “viable” women’s swim team has a roster of 34.6 athletes.

MSU said it would address the numerical participation gap through attrition, leaving spots left by transfers or graduates unfilled. Later this month, the university will have to convince a judge that its strategy is sufficient.

A deposition from former athletic director Bill Beekman also offered insight into how the decision was made to cut the Spartans’ swim and dive programs. Back in 2018, conversations about cutting a sport started taking place. Track and field and tennis were first on the chopping block. But after a review, the cost to upgrade MSU’s swim and dive facilities to a competitive level made swim and dive the new frontrunner to get cut. Fixing the 50-meter outdoor pool would require $8 million, and enclosing it for year-round use could add up to a $20 million project.

“If you don’t have a 50-meter pool, you challenge yourself to recruit as competitively as those who do,” Beekman’s deposition said. “And that liability would exist regardless of whether you had a men’s program, a women’s program, or both.”

Supporters of the program with the Battle for Spartan Swim and Dive advocacy group have said that swimmers can practice in the 25-yard pool at IM West. While the pool is NCAA compliant, it’s only six lanes, and Beekman claims that former swim and dive head coach Matt Gianiodis told him that practicing in the 25-yard pool would be “detrimental to the success of the team.”

Last month, the Supreme Court rejected MSU’s petition to clarify aspects of Title IX enforcement. A week later, a trustee said that the school would not bring back its swim and dive program.