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Wednesday, January 31, 2001

Miami male athletes lose discrimination claim




By Ben L. Kaufman
The Cincinnati Enquirer

        A federal judge has dismissed a final challenge to Miami University's elimination of men's wrestling, soccer and tennis teams.

        U.S. District Judge Sandra S. Beckwith said the move — taken to equalize sports opportunities for women and men — did not discriminate illegally against male athletes.

        Her decision last week addressed the men's claims that their constitutional right to equal protection was violated.

        She said sex discrimination is allowed when it is “substantially related to an important governmental objective,” and that the Miami decision met that criterion.

        Previously, Judge Beckwith said the university's decision did not violate Title IX requirements for equal athletic opportunities for male and female students. Instead, it allowed Miami to dedicate greater resources to underfunded women's sports and to bring participation closer to the women's proportion of the student body.

        Judge Beckwith's decisions came on pretrial summary judgments. To do that, she accepted the facts as laid out by the students and their lawyers and decided only whom the law favored.

        She ruled for Miami and its president, athletic director and trustees on every question.

        Curt Levey, an attorney at the Center for Individual Rights in Washington, D.C., which repre sented the men, said Tuesday it was not clear whether they would appeal.

        He said Judge Beckwith broke new legal ground when she said that Miami does not always have to apportion its sports budget according to the percentages of men and women on campus.

        Mr. Levey read that part of her decision to say that once such a balance is achieved, Miami can budget according to student interests rather than statistics.

        He said Judge Beckwith is the first federal judge to reach that conclusion and he feared losing her point in any appeal. A final decision won't come until fuller discussions with his clients, many of whom have graduated.

       



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