Task Force Media Notes, Vol. 3, No. 5

TASK FORCE MEDIA NOTES
VOL. 3, NO. 5 (March 10, 1999)
This is part of a series of regular reports to update, inform, educate and stimulate public discussion

CAL-STATE BAKERSFIELD WRESTLERS WIN ANOTHER COURT BATTLE

The wrestling team at Cal-State Bakersfield, which has been battling for its existence through a law suit against the university, achieved another victory in the courts.

In late February, U.S. District Court Judge Robert E. Coyle granted a preliminary injunction barring the university from capping the number of males allowed to participate on the wrestling team. This is the second substantial ruling in favor of the wrestlers, which had received a temporary restraining order against the capping of the program a year ago.

Mark Martel, the lawyer for the wrestlers, is encouraged by the latest court ruling. Judge Coyle indicated in the ruling that the plaintiffs had demonstrated a likelihood of success on the merits of the case. Coyle concluded that the use of proportionality to cap the wrestling team *constitutes implementation of a quota based on gender in violation of Title IX.*

The university has taken the case to the appeals court, in hopes of overturning the decision by Judge Coyle. As the Bakersfield case works its way through the court system, it could create a precedent that could make a major impact on how Title IX is interpreted and enforced in the future.

Less than a week later, the Cal-State Bakersfield wrestlers scored another win, this time on the mats, capturing the team title at the Pac-10 Championships. The Roadrunners had three individual champions, including heavyweight Stephen Neal, the defending NCAA champion. Head Coach T.J. Kerr was especially proud of his team, in an interview with the Bakersfield Californian:

* "'The court case put me in a good mood, but the wrestling put me in a better mood,' said Kerr. 'These kids are real special to me. They showed they can handle everything I throw at them. They*re the guys I'd want with me in a war.'"

The wrestling community is rooting for Cal-Bakersfield to continue its winning streak in the court system war.

THE CENTER FOR INDIVIDUAL RIGHTS JOINS THE BATTLE FOR FAIRNESS

In recent years, a number of organizations have made the decision to commit time and resources to work for a change in the interpretation and enforcement of Title IX. These groups, for a variety of reasons, understand that the unintended consequences of Title IX must stop.

The Independent Women*s Forum (IWF), a Washington D.C.-based women*s organization, was the first respected national group to step forward to battle for fairness for all. The National Coalition for Athletics Equity (NCAE) was formed shortly after, creating another Washington D.C. group to represent the sports organizations and athletes that have been devastated by proportionality.

Another important Washington D.C. organization, the Center for Individual Rights (CIR), has recently joined in the battle. CIR is a non-profit, public interest law firm specializing in civil rights and free speech law. CIR is perhaps best known as plaintiff*s council in the landmark Hopwood v. Texas case. CIR has taken a leadership role in support of the Cal-State Bakersfield wrestlers in the Neal vs. Board of Trustees case.

CIR President Michael McDonald recently commented upon the decision by U.S. District Court Judge Robert E. Coyle, who granted a preliminary injunction in the Bakersfield case.

" "The court's ruling is a welcome repudiation of the extreme view that equal opportunity requires numerical proportionality. This view - - routinely promoted by NOW (National Organization for Women) -- flies in the face of common sense. It*s time for NOW and its allies in the Clinton Administration to abandon their unlawful efforts to dismantle athletic teams in the name of gender equity."

CARROLL COLLEGE IN WISCONSIN ELIMINATES ITS VARSITY WRESTLING TEAM

The challenge facing college wrestling is at every level of the sport and in every region of the nation. On March 3, Carroll College, an NCAA Div. III school in Wisconsin, announced that it had dropped its varsity wrestling program.

The university gave a number of reasons for the dropped program, many which have been used by other colleges at other times to cut wrestling teams.

The first excuse was that of the 10 teams in the Midwest Conference, only five teams offered wrestling this year, and the sport was no longer an official Midwest Conference sport. The second reason was that there was a lack of interest in the sport, as only three athletes completed the season this year. The third rationale was that Carroll College did not have a facility suitable to developing and maintaining a quality program.

Although the college did not give "gender equity" as a reason for the cut, it was quick to point out its progress in this area. According to the university press release, "in the 1986-87 academic year, Carroll offered nine men's and six women's NCAA sanctioned varsity sports. In the 1999-2000 year, Carroll will offer ten men's and ten women's varsity sports."

Former wrestlers at Carroll are organizing, in an effort to convince the school that wrestling should be retained. According to alumni leader Benjamin Tomes, "the program was never even given the opportunity to sustain itself based on endowment or alumni money."

Certainly, each of the reasons for the dropped program could be addressed. Wisconsin has a wealth of Div. III wrestling programs for Carroll to compete against, even if the Midwest Conference no longer considers wrestling a conference sport. Certainly, with more support and effort from the athletic department, the number of wrestling participants at Carroll could increase. The argument that the school does not have a proper facility for wrestling does not hold much weight: a wrestling team needs only mats, a place to roll out the mats, and a minimal amount of equipment, in order to exist.

With support and commitment from an athletic department, wrestling can be a viable and thriving sport at any level. Wrestling is a very popular sport on the high school level in Wisconsin. Perhaps pressure from the alumni will convince the administration at Carroll College to give the sport another chance.

FEMINIST LEADERS WANT TO "HAVE THEIR CAKE AND EAT IT TOO" IN REGARDS TO TITLE IX

A recent controversy on the Boston College campus points out a disturbing trend in the battle for fairness in education. The issue has to do with renowned feminist philosopher Mary Daly, who is refusing to accept two male students for her "Introduction to Feminist Ethics" course.

It seems that when Title IX can be used to advance the feminist agenda, especially in the area of college athletics, it is a great law. However, when the same law is used to protect and defend the rights of male students on campus, suddenly the same people believe the law should be ignored. This two-faced approach to equal opportunity is hypocritical and unfair.

According to an Associated Press report, college officials indicate that two male students claimed discrimination, alleging that Daly escorted them out of her classroom and told them that "You are not welcome here." One of the students, a member of the campus Republican club, has received support from the Center for Individual Rights, the same group that is assisting with the Cal-State Bakersfield wrestling case.

Boston College has chosen to support the rights of the men and comply with Title IX, demanding that Daly teach men along with women or stop teaching. Daly has decided to take a leave of absence rather than change her mind. "I'd rather go on leave than teach with him," she said.

This case points out that special interest agendas often ignore common sense. When it comes to athletics, the use of Title IX gender quotas to slash men's sports programs was embraced by the feminist leadership. However, when the same law was cited to allow men to study in a feminist college course, the professor has decided, using a sports analogy, *to pick up the ball and go home."

NCAA SCORES VICTORY IN U.S. SUPREME COURT CASE CONCERNING TITLE IX

The NCAA scored a major victory when the U.S. Supreme Court ruled unanimously in the NCAA*s favor in the Smith vs. NCAA lawsuit. The court has decided that even though the NCAA receives dues from colleges that receive federal funds does not open the association to lawsuits under Title IX.

This case concerned Rene Smith, a college volleyball player, who graduated from St. Bonaventure University in less than three years. When she attended graduate school at Hofstra University and law school at the University of Pittsburgh, she wanted to go out for their volleyball teams. An NCAA rule bars graduate students from participating in college athletics at a school other than where they received their undergraduate degree. When the NCAA denied her a waiver from the rule, Smith sued using Title IX, claiming gender discrimination by the NCAA in granting waivers from the rule.

Most of the 1,200 schools in the NCAA receive federal funds and are subject to Title IX. The NCAA lawyers argued that the association itself was not a federal aid recipient and that athletes should take up discrimination complaints with the individual schools.

Justice Ruth Bader Ginsberg wrote for the court on this issue:

* "At most, the association's receipt of dues demonstrates that it indirectly benefits from the federal assistance afforded its members. This showing, without more, is insufficient to trigger Title IX coverage."

Before anyone gets too excited about the decision, it should be noted that the Supreme Court left open the door for Smith to continue her case in another fashion. The justices told a lower court to consider other arguments raised by Smith in the law suit, including the fact that the NCAA receives federal funds through the National Youth Sports Program and on grounds that schools have handed controlling authority to the NCAA. Keep posted.

WRESTLING IS NOT "DOWN FOR THE COUNT" AS MANY MEDIA STORIES SUGGEST

A common misconception by the media is that the sport of wrestling is in decline in the United States because of the loss of many college programs caused by Title IX and other college economic factors. However, the fact is that wrestling is an active and growing sport in the United States on virtually every other level.

In the February 17 issue of the Washington Times, a Thom Loverro article about college wrestling was entitled *Down for the Count? College wrestling grapples with serious decline.* Although the article accurately explained the challenges on the college level, the headline was clearly a bit misleading.

The story provided statistics to support its claim. Loverro shared the following facts:

* "Programs exist at only 95 Division I schools - about half the number of 1972 - and about 250 schools all told. Even more troubling for wrestling supporters is that their world is shrinking. Since 1972, more than 350 wrestling programs have been dropped."

Loverro cited Title IX as a major contributing factor for the reduction. What Loverro fails to note is that the wrestling community can not control federal law or how it is interpreted, and that college wrestling has been a victim of the unintended consequences of Title IX. The loss of college programs in no way reflects the amount of interest and activity in the sport on its other levels.

The wrestling community, in its attempt to battle the unintended reduction of male sports opportunity on the college level caused by Title IX, has made the loudest noise of all affected sports. This is good, because it educates people to the serious problem. It is bad when the media misinterprets the college situation and concludes that the sport is dying.

Loverro, in his 28-paragraph story, gives just one paragraph to the growth trends for the sport. Loverro accurately explains that wrestling supporters are hoping the sport is on the way back because of "a rise of approximately 2 percent a year in the number of kids participating in high school wrestling since 1995."

A few more facts on the entire sport would have made the story even better. Consider the fact that the NCAA Div. I Wrestling Championships are selling out every year. Add that the number of youth athletes in USA Wrestling and other programs continues to grow. Throw in the fact that women's wrestling is expanding rapidly. Mention that attendance at state high school meets and USA Wrestling events are setting records. Each of these facts indicate that wrestling is actually growing in the United States.

Does this indicate a sport in decline? Or is it just a case of a college sport squeezed by the injustice of the proportionality interpretation of Title IX?

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