Facing the threat of a Title IX lawsuit, William & Mary announced on Monday afternoon that it is reinstating the sports of women’s gymnastics, swimming and volleyball.
W&M announced September 3 that those sports, along with four others, would be eliminated at the end of the 2020-21 academic year amid seven-figure athletic department deficits. Also slated for elimination that day were the men’s sports of indoor and outdoor track and field, swimming and gymnastics – none of which were reinstated as part of Monday’s announcement.
About three weeks after the announcement of the cuts, Oakland, California-based law firm Bailey & Glasser, LLP announced its intention to sue W&M for “depriving women athletes and potential athletes of equal opportunities, financial aid and treatment in violation of Title IX of the Education Amendments of 1972.”
W&M acknowledged in a release on Monday that its decision to reinstate the women’s sports was in reaction to the threat of the lawsuit and the necessity to move closer to Title IX compliance.
“After a detailed review, Interim Director of Athletics Jeremy Martin concluded that attainment of the anticipated roster adjustments was uncertain and the plan would not achieve equity in participation by next fall,” the William & Mary release read. “To bring about decisive progress more swiftly, the three women’s sports would need to be restored.
“Accordingly, the university is reinstating Women’s Gymnastics, Women’s Swimming and Women’s Volleyball, which will continue as Division I varsity sports. The university wants those teams to thrive and will treat them equitably with other varsity teams at the university.
“By reinstating these sports, William & Mary will make significant progress toward achieving equity in participation in 2021-22. Completing that progress will require reduction in the men’s program via roster management and retaining the current cuts to the men’s teams, or a swift and significant increase in participation opportunities for women, or both.”
Martin said there is no clear path to reinstating the four suspended men’s programs immediately.
“The university remains committed to swiftly continuing conversations with those affected programs in order to look at every viable alternative before making a decision for the near term,” Martin said.
In announcing his firm’s intention to sue on behalf of W&M’s female gymnasts, swimmers and volleyball players, Arthur H. Bryant of Bailey & Glasser stated that the school’s female undergraduate enrollment is 57.7%, but only 46.3% of its intercollegiate athletes were female.
He added that changes resulting from the elimination of the seven teams would mean about 51.6% of W&M athletes will be females. But he contended W&M athletics would’ve then still need to add 65 women to reach gender equity under Title IX, which is approximately the number of women on the three teams reinstated Monday.
In 1991, Bryant threatened a Title IX lawsuit against W&M for eliminations that would’ve included women’s basketball and swimming. Those sports were reinstated.
“This is a major victory for gender equity, everyone at William & Mary, and all who care about fairness and the law,” Bryant said. “The school has decided to do the right thing.”
Lori Bullock of Newkirk Zwagerman in Des Moines, Iowa, co-counsel on the case with Bryant, said, “We are extremely proud to represent the women athletes at William & Mary and extremely pleased to have achieved this great result.
“These are extraordinary young women. We are glad William & Mary saw the light and is going to ensure gender equity going forward. We hope everyone in the William & Mary community participates in the process to develop its Gender Equity Plan.”
The athletic cuts have prompted a firestorm of criticism from throughout the W&M community, much of it directed at former director of athletics Samantha Huge, who resigned in early-October. She came under fire for a letter that announced the cuts with wording that copied Stanford’s announcement in numerous places.
Athletes complained about the impersonal way in which the announcement was made. Faculty members were angered by their diminished role in athletic department strategic planning.
English professor Suzanne Hagedorn, a leading critic among faculty members, said Monday’s announcement is a step forward but only a small one. So, she said that motions authored by her and fellow professors Katherine Guthrie, who has a son on the men’s swimming team, and Tom McSweeney still will be introduced at a special Faculty Assembly meeting on Tuesday.
The motions include establishing a task for to replace the (athletic) strategic plan, reinstating the four men’s sports and for an independent firm to audit athletic department finances and NCAA and Title IX compliance.
“I am happy to hear that William & Mary’s administration has decided to reinstate the three women’s sports that it abruptly cancelled on September 3, causing great pain and suffering for these athletes,” Hagedorn said. “Nevertheless, four men’s sports remain cancelled and the larger issues of faculty involvement are still not resolved.
“I hope that the Faculty Assembly votes tomorrow afternoon to adopt the motions (we) drafted that help to reboot and clean up an athletics department that was badly damaged when it was led by (Huge).”
Randy Hawthorne, President of BackTrack Inc., a group of alumni for W&M track and field, was not pleased with the announcement.
“We are beyond disappointed with this decision” that did not include reinstating track and field,” Hawthorne said.
