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February 26, 2004

Judge Says University Must Reinstate Gymnastics Team

A federal judge in Pennsylvania has ruled that West Chester University violated
Title IX of the Education Amendments of 1972, 20 U.S.C. § 168 1, et seq. when it
shuttered its women's gymnastics program, and ordered the university to
immediately reinstate the program.

The decision solidifies the boundaries for colleges that operate under severe
budgetary constraints that must also maintain or achieve compliance with Title
IX.

In this case, the court took special interest in the fact that the university had
formed a committee to look specifically at Title IX compliance and then seemingly
disregarded the committee's conclusions.

Leslie Brueckner, who represented Trial Lawyers for Public Justice in the case,
told LICA that she believes one of the messages for athletic directors is that the
conclusions of a gender equity committee should be taken very seriously. West
Chester ignored the school's gender equity committee, which had warned that the
school that it was already in violation of Title IX and that cutting gymnastics
would make the situation worse, said Brueckner.

The impetus for the complaint was the university's decision last spring
announcing that it would eliminate both its women's gymnastics and men's
lacrosse programs. In a press release announcing the decision, WCU also
announced that it was adding a women's golf program, merging the program with
the existing men's golf program.

In a press release announcing the decision, Athletic Director Edward Matejkovic,
Ph.D. noted that the university embarked on a 12-month review in the spring of
2001 to determine how best the university could respond to an imminent budget
crisis, while satisfying Title IX. He said that the committee assigned the task
created a roadmap to allow the university to continue to maintain all its
programs. However, the budget crisis worsened, creating a dire situation.

In the release, Dr. Matejkovic explained the rationale behind adding a women's
golf program. First, the team would travel with the men's team and would share
the men's team coaches, dramatically cutting expenses. Second, he suggested that
women's golf was rapidly eclipsing women's gymnastics in both popularity and

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