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Second lawsuit filed against Delaware State

posted by Title IX Blog
Friday, March 12, 2010 at 7:09am PST

An interdisciplinary resource for news, legal developments, commentary, and scholarship about Title IX, the federal statute prohibiting discrimination on the basis of sex in federally funded schools.

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Fifteen members of the recently-terminated Delaware State equestrian team have filed suit in federal court, challenging the school's decision to cut their team as a violation of Title IX. The Women's Law Project and Flaster Greenburg, a Philadelphia-based law firm. The attorneys expect a hearing on their motion for preliminary injunction sometime next month.

DSU already faces a similar lawsuit, filed by an incoming student who had signed a letter of intent to join the team.

As I have mentioned before, this should be an easy victory for the equestrians. DSU does not satisfy the proportionality prong, so it cannot cut a viable women's team without violating the other two alternatives for compliance, which require either program expansion or satisfying the interests and abilities of the underrepresented sex.

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