Kamis, 12 Mei 2011

Retaliation Case Against Texas Southern University Dismissed

Last week a federal court in Texas dismissed a former coach's claims that he was fired by Texas Southern University in retaliation for his Title IX advocacy. Cummings alleged that one week prior to his termination, he met with Athletic Director and raised concerns about the comparatively lower number of assistant coaches allowed for the women's basketball, as well as a lower budget for recruiting and operating costs, and the absence of an appointed Title IX Coordinator and Senior Women's Administrator. Though these facts created an inference of retaliation, TSU overcame this inference with evidence that they fired Cummings because of his team's poor win-loss record and low academic success indicators. None of Cummings's evidence rebutted TSU's claims that its reasons for firing him were legitimate. The only evidence that his advocacy and termination were related was the fact that they happened close in time, but this circumstantial evidence, without more, was not enough to survive summary judgment.

Though this case was dismissed, another former TSU women's basketball coach's retaliation cases remains pending. You may recall Surina Dixon, who was hired to be Cummings's successor. She held the job for just a couple of months before she was terminated, allegedly for questioning TSU's decision to pay her half as much and on a shorter contract term than the newly-hired men's basketball coach. Dixon's case remains pending and dispositive motions have been filed. I expect we'll be hearing more about that TSU case in the near future.

Cummings v. Texas Southern University, 2011 WL 1750697(S.D.Tex. May 06, 2011).

Rabu, 11 Mei 2011

Is Title IX Hurting Men? (No)

On Jezebel, Anna North provides perspective from Donna Lopiano on recent headlines blaming Title IX for universities' decisions to eliminate men's teams (see, e.g.). Lopiano blames the arms race in spending on men's basketball and football, which at Division I institutions receive 78% of the funding for men's sports. It's this kind of favoritism that results in schools having to cut teams in the first place, and the existing disparities in opportunities that still favor men, that put men's sports like wrestling and tennis on the chopping block. North reported that Lopiano succinctly replied "oh god no" when she asked her if Title IX should be modified. She didn't need to say more. Though the disrespect that schools show to when they choose to favor the 120-worst football player over their best male wrestlers and tennis players is deplorable, it's not a Title IX violation. It's a collective-action problem that, as Donna Lopiano points out, can be solved when Congress, the NCAA, and its member institutions agree to get it done.

Honestly, though, as much as I like reading Donna Lopiano's perspective on this issue, my favorite part of this post was in the comments at the end, when readers put the Title IX-cutting-men's-teams issue into perspective not with statistics and policy arguments, but with pop culture.

One posted: What is this, a King of the Hill episode?

Another posted back:
Hank Hill: It's all well and good to talk about equal rights until some MAN loses his job! How's that equal?
Bobby Hill: Yeah! And it's worse when they take away our favors, 'cause we're USED to getting 'em!

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