Biediger v. Quinnipiac Univ., No. 10-3302 (2d Cir. 2012)Annotate this Case
In 2009 the university announced that in the 2009–10 academic year, it would eliminate its varsity sports teams for women’s volleyball, men’s golf, and men’s outdoor track and field, while creating a new varsity sports team for women’s competitive cheerleading. Plaintiffs, five women’s volleyball players and their coach, charged violation of Title IX of the Education Amendments of 1972, 20 U.S.C. 1681(a). The district court enjoined the school from withdrawing support from its volleyball team, finding that it systematically and artificially increased women’s teams’ rosters and decreased men’s teams’ rosters to achieve the appearance of Title IX compliance. The court then certified a class of present and future female students and ultimately granted permanent injunctive relief. The Second Circuit affirmed, rejecting challenges to the court’s counting of participation opportunities in varsity sports afforded female students. The district court correctly concluded that the disparity revealed by that calculation demonstrated a failure to provide substantially proportionate athletic participation opportunities as required by Title IX.