Stephen F. Austin Attempts to Rally and Perform Dance Routines Amid Title IX Investigation
A legal battle is brewing for Stephen F. Austin State University (SFA) over its argument to count competitive cheerleading and dance teams towards Title IX compliance.
Recent court developments and standard Title IX compliance criteria have cast doubts on SFA's position. In a ruling earlier this year, a federal judge ordered SFA to reinstate women's beach volleyball, bowling, and golf teams after the university cut these women's sports programs and tried to compensate by designating cheerleading and dance as varsity sports for Title IX purposes.
The judge and plaintiff attorneys noted that cheer and dance are not recognized by the NCAA as varsity sports and compete under a for-profit company, which undermines their legitimacy for Title IX compliance counting. Despite this, SFA still comes up short by about 71 roster spots to meet proportional participation requirements.
Title IX compliance is generally assessed using a three-part test that requires universities to demonstrate one of the following: proportional athletic participation opportunities relative to enrollment, a history and continuing practice of expanding opportunities for the underrepresented sex, or the full accommodation of the interests and abilities of the underrepresented sex.
Helen Grant, a Title IX consultant, conducted an analysis on behalf of SFA in 2024 and found that the university was failing to meet the first two prongs of the Title IX compliance test. Grant concluded that SFA had not demonstrated a "continuing practice of program expansion" as it had not added a new women's sport since launching women's beach volleyball in 2019.
Factors considered by the courts in similar cases include the absence of off-campus recruiting, frequent competition against club and non-varsity teams, an open-invitational postseason format instead of a recognized championship structure, and disparities in facilities and insurance. The courts have also determined that competitive cheer does not count as a sport for purposes of Title IX, as it fails to provide sufficient athletic opportunities.
SFA's defense mirrors a failed attempt by Quinnipiac University 15 years ago, when it tried to replace its women's volleyball team with a varsity competitive cheer squad to satisfy Title IX. The university is now being sued by six former beach volleyball players and bowlers who claim that the elimination of their programs violates federal law and exacerbates the university's longstanding pattern of Title IX noncompliance.
The plaintiffs are citing a Trump Executive Order in their case against SFA. Attorney Arthur Bryant, who is representing the athletes, stated that SFA's filing admits the courts have "universally accepted" the Office for Civil Rights' (OCR) three-part test for measuring whether women and men are being provided with equal opportunities to participate in varsity athletics and urges the court to ignore the test.
Helen Grant expressed skepticism about SFA's compliance with the third prong of the Title IX compliance test, stating that the university has not demonstrated a continuing practice of program expansion. The plaintiffs are due to file their response to the court next week.
[1] Source: [Link to the original article or court document]
SFA's argument to count competitive cheerleading and dance teams towards Title IX compliance is questionable, given the judge's ruling that these activities are not recognized as varsity sports by the NCAA.
Moreover, the university has failed to meet the first two prongs of the Title IX compliance test, as shown by Helen Grant's analysis, which revealed that SFA hasn't demonstrated a history and continuing practice of expanding opportunities for the underrepresented sex by not adding a new women's sport since 2019.
