Iowa Reverses Course But Title IX Suit Continues
By Vanessa Miller, Excerpted from Cedar Rapids Gazette
Although the University of Iowa Athletics on Monday reversed its decision to eliminate women’s swimming and diving after this season — following a court order requiring it do so — UI hasn’t dropped its appeal of that order or its motion to dismiss the female athletes’ Title IX lawsuit altogether.
The university also hasn’t responded to a Save Hawkeye Sports group that’s spent months raising $2.5 million from more than 700 donors to prevent the planned elimination of not only women’s swimming and diving but the three other sports scheduled to end after this season: men’s tennis, men’s gymnastics, and men’s swimming and diving.
“We are in a time where there is a unique combination of technology and urgency among the donors who have pledged to our cause,” according to a Feb. 5 letter the group sent UI Athletics Director Gary Barta and other administrators spelling out a plan to reinstate the programs.
“We look forward to hearing from you by close of business Tuesday, February 16, 2021.”
Administrators didn’t respond to that letter — although Barta on Monday issued a statement reinstating women’s swimming and diving, the sport at the center of a lawsuit accusing UI of being out of compliance with the federal gender equity law requiring female athletes have participation opportunities proportionate to their representation in the student body.
“Gary Barta and Bruce Harreld have consistently refused to meet with or have serious discussions with those from Save Hawkeye Sports. We believe his announcement yesterday was trying to act like the savior, when in fact it is Judge Rose who achieved this. It makes no sense to me to continue to stand behind comments of a large deficit while not providing detail around specifics related to the savings incurred from the furlough program or an overall strategy to manage through this all the while we are offering to help financially over the long term. This approach has not gone well for athletic directors at Dartmouth and William and Mary.”
In that statement, Barta said the financially-motivated decision to cut the men’s programs stands. And he didn’t acknowledge the Save Hawkeye Sports efforts to raise $2.5 million, craft a plan for long-term sustainability, and commit to raising another $3 million over the next three years.
‘Stupid policy decision’
Attorney James Larew — representing the four female Hawkeye swimmers who filed the lawsuit, along with a UI female rugby player and UI female wrestler who joined — said Barta’s referral to the lawsuit as the distraction he’s combating by reinstating the women’s program is disingenuous.
“What caused the uncertainty is an unlawful cutting of the team,” Larew said. “And their repeated statements the decision was final. That’s what has caused all the uncertainty.”
“It was a stupid policy decision, in my opinion, but that’s not why we’re challenging them,” Larew said. “We’re challenging them because it was unlawful. At the moment they made the decision to cut the women’s team, the University of Iowa was not in compliance with Title IX.
“The numbers do not lie,” U.S. District Court Judge Stephanie Rose wrote in granting an injunction against the UI elimination of women’s swimming and diving. “Plaintiffs have demonstrated a fair chance that the University of Iowa does not presently provide its female students with intercollegiate athletic opportunities in substantial proportion to their enrollment, and is unlikely to do so after eliminating the women’s swimming and diving team for the 2021-22 academic year.”
Save Hawkeye Sports
Supporters of the cut men’s programs have spent months fundraising, creating a network of 1,500 supporters, and meeting with some members of the UI administration about creating a new sustainable model for the Hawkeye Olympic sports.
“Gary Barta and (UI President) Bruce Harreld have consistently refused to meet with or have serious discussions with those from Save Hawkeye Sports,” UI alumnus and Save Hawkeye Sports member Mark Kaufman told The Gazette, critiquing Monday’s announcement as a mischaracterized saving of women’s swimming and diving.
“In fact, it is Judge Rose who achieved this. Not the leadership at Iowa,” Kaufman said. “This can be proven by the fact that he has not withdrawn the request to the judge to dismiss, nor has he promised the women athletes, coaches and other supporting members of the team more than what the judge has required.”
In announcing the program eliminations in August, Barta cited a pandemic-related deficit of $75 million, which he amended to between $50 million and $60 million after the resurrection of a truncated fall football season and departmental cuts and pay reductions.
But Kaufmann said UI officials haven’t responded to his group’s requests for budget details.
“It makes no sense to me to continue to stand behind comments of a large deficit while not providing detail around specifics related to the savings incurred from the furlough program or an overall strategy to manage through this all the while we are offering to help financially over the long term.”
Barta is expected to participate in a news conference Tuesday afternoon.