More than a dozen members of the Marshall University women’s swimming and diving team have filed a lawsuit over plans by the school to drop the sport.
The lawsuit, filed Monday in U.S. District Court in southern West Virginia, accuses Marshall of discriminating against current and potentially future female student-athletes on the basis of their sex in violation of Title IX and by depriving them of equal opportunities to participate.
Marshall said Tuesday the decision to discontinue the program was in the best interest of the school. Marshall declined comment on the specifics of the lawsuit, which seeks an injunction prohibiting the school in Huntington, West Virginia, from moving forward with its plans.
Over the past year, a growing number of universities have added or dropped entire sports programs as dramatic changes roll through college athletics under a $2.8 billion NCAA settlement.
Marshall announced last month that it would drop swimming and add stunt — a sport that incorporates aspects of cheerleading — to its women’s sports offerings. The swim team found out the day before the start of its conference championship meet that its program would end after 23 years.
Athletic director Gerald Harrison told the Marshall Board of Governors on Feb. 17 that the team has a $819,000 annual budget, its facilities don’t meet NCAA competition standards and that the athletic department couldn’t commit the funding needed to upgrade the facilities and sustain the program. Stunt, which could support up to 65 athletes, would cost an estimated $320,000 per year, according to Marshall President Brad Smith.
“This was not an easy decision, but we believe it remains the best option at this time,” Harrison said in a statement Tuesday.
Smith cited long-term financial sustainability, expanded participation opportunities under Title IX and the facility and infrastructure requirements necessary to support the program.
Title IX ensures equity between men and women in education and prohibits discrimination on the basis of sex in any education program or activity receiving federal funds. The lawsuit alleges that even if Marshall were to keep swimming and add stunt, it would fail to comply with Title IX requirements for athletic participation opportunities for women.
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FILE - Marshall University President Brad Smith speaks with members of the media, Jan. 26, 2022, at the Huntington Tri-State Airport, in Huntington, W.Va. (Sholten Singer/The Herald-Dispatch via AP, File)
