Roberts v Colorado State University, 1993. Title IX - Sport Law.

Описание: Roberts v. Colorado State University (1993) is a significant Title IX case involving the discontinuation of the women’s varsity fast-pitch softball program at Colorado State University (CSU). Former team members sued the Colorado State Board of Agriculture (SBA), alleging that the elimination of the team constituted gender discrimination under Title IX.

The court evaluated whether CSU "effectively accommodated" the interests and abilities of both sexes using a three-part test:

• Substantial Proportionality:
The court found a 10.5% disparity between female undergraduate enrollment and female athletic participation, which it ruled was statistically significant and not "substantially proportionate".

• History of Program Expansion:
Although CSU added women's sports in the 1970s, the court found that women's participation opportunities declined steadily during the 1980s, meaning the university could not show a "continuing practice of program expansion".

• Effective Accommodation:
Despite the team’s termination, the court determined there was still sufficient interest and ability among students to maintain a viable, competitive softball program that was not being met by the university.
The court also clarified that a Title IX violation does not require proof of discriminatory intent; a disparate impact on one gender is sufficient to establish a violation.

The Tenth Circuit affirmed the lower court's finding of a Title IX violation and the order to reinstate the women's softball team with all incidental benefits of varsity status. However, it reversed a specific requirement for the team to play an exhibition season in the fall of 1993, ruling that the district court had overstepped its authority by "micromanaging" the program beyond what was necessary to remedy the violation.