Eugene, OR (June 9) — Members of the University of Oregon’s wrestling team filed suit Friday afternoon in the Oregon Circuit Court for Marion County, seeking to prevent the University from dropping wrestling as an intercollegiate sport. Circuit Judge Albin Norblad will hear the case.
The complaint alleges that the UO’s plan to eliminate wrestling would violate not only the procedural requirements for dropping an intercollegiate team but also the substantive requirements of the equal privileges and immunities clause of Oregon’s constitution, an Oregon anti-discrimination statute known as Section 659.850, and the Oregon University System’s implementing regulations.
In essence, the University mistakenly believed that gender equity under the federal Title IX statute required UO to eliminate men’s wrestling to enable UO to add men’s baseball, without considering whether that would violate Oregon’s constitution and statutes, as well as established University procedures.
After acknowledging that Title IX did not require UO to eliminate wrestling to make room for baseball, UO spokesmen developed several new reasons to justify their original decision to drop wrestling. Like the original Title IX reasoning, however, the University’s new reasons fail to consider violations of Oregon law and University procedures.
The complaint seeks a preliminary injunction that orders UO to defer dropping wrestling until the athletic department completes the required intra-University consultation with UO’s Intercollegiate Athletics Committee and offers the affected students the opportunity for a hearing. Either UO’s president or the Oregon University System’s chancellor would make the final decision after the hearings. If UO still intends to drop wrestling after the required hearings, the parties would return to court to challenge that decision before the preliminary injunction dissolves.
The plaintiff, Equity in Athletics in Oregon, is an Oregon non-profit corporation that represents returning members of the Oregon wrestling team, prospective students who wish to wrestle at the University, and other Oregon citizens interested in the University’s proving an equitable athletic opportunity. The defendants are the University of Oregon, UO President David Frohnmayer, the Oregon University System, OUS Chancellor George Pernsteiner, UO Athletic Director Pat Kilkenny, UO Associate Athletic Directors Reneé Baumgartner and Neal Zoumboukos, and UO General Counsel Melinda Grier.
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