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Distributed April 1995 (See other documents linked to Title IX Chronology)
Contact: Mark Nickel

The Title IX Case

Background for Men's and Women's Varsity Sports at Brown University

Brown Offers One of the Nation's Largest Varsity Programs

NCAA Division I schools must offer at least six men's and six women's championship sports. Each year, the NCAA provides revenue-sharing funds based upon the number of teams in excess of 12. According to NCAA records for 1991-92, Brown was tied for second place in the number of sports offered. Of the 292 schools which participated in Division I sports, only Harvard offered more NCAA championship sports than Brown.*

                    Top 10        Selected National Comparisons

Harvard 30 Alabama 18 Syracuse 16 Brown 28 UCLA 23 Texas A-M 20 Boston College 28 Georgetown 19 Tulane 15 Cornell 28 Kentucky 14 UNLV 12 Penn State 28 Miami (FL) 16 Vanderbilt 15 Princeton 28 Nebraska 21 Villanova 24 Yale 28 Notre Dame 25 Washington 19 Dartmouth 27 Prov. Coll. 20 Michigan State 27 Purdue 18 Ohio State 27 So. Cal. 17 Rutgers 27 Stanford 25

* The NCAA does not offer national championships for all varsity sports. Although Brown fielded 31 intercollegiatevarsity teams at the time, the NCAA offered national championships for only 28. Data were reported in a memorandum from NCAA Executive Director Richard D.Schultz to CEOs of Selected Division I Institutions, August 14, 1992.

Participation Opportunities**

University-Funded            1994-95     University-Funded            1994-95
Women's Teams                Players     Men's Teams                  Players

Basketball                      12       Baseball                        28
Crew                            47       Basketball                      16
Cross Country                   17       Crew                            54
Field Hockey                    31       Cross Country                   27
Gymnastics                      12       Football                        80
Ice Hockey                      18       Ice Hockey                      31
Lacrosse                        34       Lacrosse                        43
Soccer                          25       Soccer                          26
Softball                        12       Swimming and Diving             13
Squash                          13       Tennis                          11
Swimming and Diving             23       Track (two teams)***            58
Tennis                          10       Wrestling                       27
Track (two teams)***            46
Volleyball                      11         University-Funded Men        414

   University-Funded Women     311

Donor-Funded 1994-95 Donor-Funded 1994-95 Women's Teams Players Men's Teams Players Fencing 11 Fencing 19 Golf 1 Golf 9 Skiing 15 Squash 11 Water Polo 21 Donor-Funded Women 27 Donor-Funded Men 60
TOTAL Women's Varsity 338 TOTAL Men's Varsity 474 (41.6%) (58.4%)
Other Intercollegiate 1994-95 Other Intercollegiate 1994-95 Women's Teams Players Men's Teams Players Sailing 35 Sailing 35 Soccer Club 20 Water Polo 15 **According to the testimony of coaches as represented in Brown's post-trial memorandum, Tab A. Numbers of squad members for 1994-95 are taken from trial testimony. Where a coach did not testify, the number is drawn from initial squad lists after first deletions. (Figures submitted as part of Brown's post-trial memorandum.)

***Indoor and outdoor track are often counted as separate teams but generally have the same squads.

Chronology of Intercollegiate Varsity Teams at Brown

Brown was an early leader in women's sports, establishing the nation's first women's ice hockey team and undertaking a period of intense expansion when Brown and Pembroke, the undergraduate college for women, merged in 1971. By 1978, Brown's program of varsity athletics for women offered twice as many teams as most NCAA Division I schools do now.
                Women's     Year     Men's

1869 Baseball 1878 Football 1879 Outdoor Track 1897 Ice Hockey 1900 Basketball 1905 Swimming 1912 Indoor Track 1921 Cross-Country 1922 Wrestling 1925 Golf* 1926 Lacrosse 1926 Soccer 1927 Tennis 1961 Crew Ice Hockey** 1967

1971 (Brown and Pembroke College Merge)

Tennis 1972 Basketball 1973 Crew 1973 Field Hockey 1973 Gymnastics 1974 Squash 1974 Swimming 1974 Volleyball 1974 Water Polo Cross Country 1975 Lacrosse 1975 Soccer 1975 Softball 1975 Outdoor Track 1978 Fencing 1980 Fencing Indoor Track 1982 1989 Squash Golf* 1993 Skiing 1994 *Brown's golf team is now a single co-ed squad. **Brown established the nation's first women's ice hockey team. The Bears were organized in 1964 and became a varsity sport in 1967, before the Brown-Pembroke merger.

A Chronology of the Title IX Case

In the spring of 1991, Brown was facing a double-edged budget dilemma. Unless it took some dramatic steps, the University would finish the year with a $1.6-million deficit. Worse, a structural problem in the University's budget virtually guaranteed that deficits would be a recurring problem. Brown needed to downsize.

President Gregorian announced an immediate moratorium on new hiring and directed that all departments throughout the University would cut their budgets to stave off the deficit. (There would be only two exceptions: The scholarship aid budget and the library acquisitions budget were exempt from cuts.)

April 29, 1991

To help produce its share of savings, the athletic department withdrew funding from four varsity teams: men's water polo and golf, women's gymnastics and volleyball. The teams continued to compete at the intercollegiate varsity level and remained eligible for post-season tournament play, but had to raise their own funds.

The cuts affected approximately 60 athletes in roughly the same male-to-female ratio as for all Brown varsity athletes at the time: 60-40. The University continued to honor existing contracts for coaches of the teams.

April 9, 1992

Approximately a year later, members of the two women's teams filed suit alleging sexual discrimination and violation of Title IX, a federal law that prohibits discrimination based on gender at any educational institutions that receive federal funds. The women were represented by Trial Lawyers for Public Justice, an advocacy group in Washington, D.C.

July 15, 1992

Attorneys for the plaintiffs asked for a preliminary injunction that would require Brown to reinstate funding for the two women's teams and refrain from any further cuts in women's sports until the case could be heard on its merits. Arguments were presented before Judge Pettine between Oct. 26 and Nov. 16.

Dec. 22, 1992

Pettine granted the preliminary injuction, requiring Brown to reinstate full varsity funding and support. The University immediately sought a stay of that injunction and requested an expedited appeal.

Dec. 30, 1992

The U.S. Court of Appeals for the First Circuit granted a temporary stay; Brown did not have to reinstate funding until the appeal could be heard.

Feb. 4, 1993

Attorneys for both sides argued the appeal in Boston.

April 15, 1993

The Appeals Court upheld the lower court, the stay was lifted, and Brown restored funding for the teams in the 1993-94 season.

Sept. 26, 1994

After numerous delays at the request of plaintiffs' attorneys, the trial began in U.S. District Court in Providence before Senior Judge Raymond Pettine.

Sept. 28, 1994

Attorneys for both sides agreed to a partial settlement that recognizes Brown's treatment of men's and women's teams as nondiscriminatory with regard to locker rooms, facilities for practice and competition, schedules for games and practices, access to the weight room and trainers, equipment and supplies, travel arrangements, assignment of coaches, budgeting procedures and many other factors. Brown agreed to continue those current policies and practices for three years. Treatment issues were thereby removed from consideration in the trial, which then focused on the issue of proportionality.

Oct. 11, 1994

Plaintiffs requested and received a three-week recess to depose witnesses for the defense.

Dec. 9, 1994

Testimony concluded after 29 days in court.

Dec. 16, 1994

Final oral arguments were made by attorneys for each side.

Feb. 10, 1995

Post-trial memoranda were presented to Pettine, followed two weeks later by reply briefs from both sides.

March 29, 1995

Pettine entered his final opinion and order, finding for the plaintiffs. Brown was given 120 days to file a plan for compliance, but Pettine stayed his own order pending appeal. Brown announces its intention to appeal the case to the First Circuit Court of Appeals.