Judge Orders Stephen F. Austin to Reinstate Women's Teams Amid Title IX Dispute

“There is not a lot of case law to follow, but this case will have significant implications in college athletics,” said judge Michael J. Truncale, according to The Lufkin Daily News.

Testimony in the case began last Wednesday, with lawyers for the plaintiffs arguing that SFA violated Title IX by cutting three women’s teams. Attorneys said the number of male and female athletic roster spots should be roughly proportional to a given university’s enrollment, but football roster size often skews numbers.

To bring numbers into alignment, SFA has declared its cheerleading and dance teams as varsity programs, but neither are recognized by the NCAA and both compete under the banner of a for-profit company. 

“No other school in the United States does that,” said John Clune, an attorney for the plaintiffs. “SFA is now adding these because they have been sued. The bottom line is this: Even if you consider cheer and dance for Title IX, you are still short 71 spots for compliance.”

The case is far from settled, but after hearing initial arguments from both sides, Trucale issued the following order: 

“It is further ORDERED that Defendant Stephen F. Austin State University preserve the women’s beach volleyball team, women’s bowling team, women’s golf team, and all other women’s varsity teams at the University while this case is pending.”

Clune said the order sends a significant message to the nation that money cannot take precedence over gender equity. 

“SFA tried to ignore and violate the law, and thought they could get away with it,” Bryant said. “These courageous women stood up and are entitled to equity." 

SFA has up to 30 days to file an appeal with the Eastern District of Texas federal court clerk. That appeal would be heard by the New Orleans-based U.S. Court of Appeals for the Fifth Circuit.