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.
When Athletic Director Pat Kilkenny announced the resumption of the Oregon baseball program, suspended since 1981, during a press conference on July 13, 2007, he cited the need to comply with the gender equity provisions of U.S. Department of Education policy under Title IX by dropping wrestling and adding women’s competitive cheerleading. Wrestling boosters have argued that Title IX does not require UO to drop men’s wrestling simply because UO intends to add men’s baseball. In response, UO appears to have conceded that its initial Title IX rationale was flawed. On two occasions, in a Feb. 27, 2008, interview in the student newspaper, the Daily Emerald, and in a March 6, 2008, article in the fan publication, Ducks Illustrated, Zoumboukos acknowledged that Title IX did not require UO to drop wrestling.
Instead, Zoumboukos indicated that UO now was dropping wrestling for a combination of four criteria, neither one of which was determinative: (1) UO lacks a wrestling facility; (2) the Eugene area lacks a dedicated fan base; (3) the opportunity to capitalize on an investment; and (4) the lack of support in the Pac-10 and NCAA Division I.
While the plaintiff disagrees that the federal Title IX law even allows UO to cut wrestling, the complaint alleges that UO violated Oregon’s stronger anti-discrimination laws by not applying the same criteria evenly to both men’s and women’s teams. For example, interscholastic wrestling is more popular in Oregon and nationally than women’s lacrosse and competitive cheerleading, the Pac-10 and NCAA Division I support wrestling as much or more than those women’s sports, UO wrestling has higher attendance than several women’s teams, no women’s teams are required to pay their own way, and the wrestling community has offered significant financial contributions to endow UO wrestling.
“Since we all agree that federal law does not require UO to cut wrestling,” said attorney Richard Franklin, “the question is whether Oregon law allows UO to use a one-sided analysis to cut wrestling.” Last month, the Oregon Supreme Court held that the Oregon State Activities Association violated Section 659.850 by failing to schedule basketball playoff games around the Saturday Sabbath of athletes of the Seventh Day Adventist faith.
The plaintiff alleges that UO’s mistakes were compounded by the athletic department proceeding without the required hearings and consultations. “Oregon does not require administrative procedures to make people feel good,” said Franklin, “we require it because it helps agencies make better, more informed decisions when they publicly air an issue and allow the affected public to voice their concerns.” In 1987, when Frohnmayer served as Oregon’s Attorney General, he authored an interpretation of the Oregon Administrative Procedures Act that required universities to provide students who failed a drug test the opportunity for a hearing before terminating the right or privilege of participating in athletics. The plaintiff argues that the same rationale applies to terminating an entire team. “If UO had held a pre-termination hearing, it would have become obvious before UO took any final action that the athletic department had misconstrued Title IX and failed to consider Oregon law at all,” added Franklin.
Since Kilkenny announced the planned elimination of Oregon wrestling last year, a coalition of alumni led by former UO wrestling coach Ron Finley formed the Save Oregon Wrestling Foundation and has raised more than $3 million in cash and pledges to endow UO wrestling. Such efforts have succeeded at other schools. Last month, Arizona State University announced plans to drop intercollegiate wrestling, but ASU reversed the decision two weeks later after boosters promised enough money to endow the sport. To date, however, Duck athletic department officials have shown little interest in working with the Save Oregon Wrestling Foundation.
According to statistics furnished by the Oregon School Activities Association, wrestling is the second most popular boys’ winter sport in Oregon high schools. For the 2006-07 school year, the latest figures available, some 4,659 boys wrestled on Oregon scholastic teams. This number does not include the 55 girls, 31 home schoolers, and 17 foreign exchange students who also participated in wrestling on the high school level.
Some 70% of University of Oregon wrestlers, averaged over the past three seasons, are graduates of Oregon high schools. This represents the largest percentage of native Oregonians on a UO intercollegiate athletic team. Only one other Duck athletic squad, the women’s cross country team, has more than 50% Oregonians on its roster. The University sponsors intercollegiate sports, such as women’s lacrosse, in which Oregonians do not compete on the high school level.
Wrestling at the University of Oregon has existed since 1913 as a club sport and since 1953 as an intercollegiate sport. Oregon wrestlers have won 32 All-American honors and 69 individual conference championships. Five Ducks have wrestled and one has coached in the Olympic Games.
The plaintiff is the Oregon chapter of Equity in Athletics, which is suing the U.S. Department of Education and James Madison University in Virginia over JMU’s plans to eliminate men’s and women’s archery and gymnastics, women’s fencing, and men’s track, swimming, and wrestling. Equity in Athletics also is working with a foundation formed by parents and alumni to save the Syracuse University men’s and women’s swim teams, which Syracuse had scheduled for elimination next year. In response to those efforts, Syracuse extended the elimination date forward three years to allow all matriculated swimmers to complete their athletic careers at Syracuse, which that foundation hopes will allow enough time to endow the swimming teams.
Equity in Athletics in Oregon is represented by Richard D. Franklin of Portland, Oregon, and Lawrence J. Joseph of Washington, D.C.
Duck Wrestlers File Lawsuit to Save Their Team
When date is the case supposed to be heard in court?
opps- meant to say WHAT date is the case supposed to be heard in court?
It is scheduled for early July, I believe.
Outstanding! Take it to them.
The best part of this is that Rick Franklin Was a wrestler, Ref and is still coaching at McCarty Middle school. This man is all about helping wrestlers.
Glad to see someone out there still cares. Got 4 sons that wrestle one 2 time state champ all want to wrestle for uo.
Hope this helps them fulfill their dreams
The clerk of court just signed the paperwork Friday and the defendants have not yet been served. So, obviously, no dates have been docketed. The first order of business will be a hearing where Frohnmayer, Kilkenny, et al., get to show cause as to why that a temporary injunction isn’t warranted. That’s the first important order to business: restrain the University from dropping the team while the points of law are debated.
By the way, everybody has cared all along. It took a while to prepare for this lawsuit. For example, before we could file, we had to form the Oregon non-profit corporation that would become the plaintiff. That took some doing, and of course the defendants had to be engaged and allowed to correct the matter before litigation was initiated. Of course, they didn’t, as expected.
Nobody has been sitting on their hands. Today’s announcement is the result of months of work. Read some of the links in the story, and you’ll find that the legal framework was being laid by correspondence dating back to the first of the year.
Very Very Nice!!!
I would love to be a fly on the wall in Kilkenny’s office when this is served. I would also love to see and hear the conversation between Kilkenny and Zambokous after Zambokous ADMITTED the decision was not due to Title IX. Zambokous should remember, he’s playing a different sport now, not just being “Bellotti’s Bitch” as the line coach for the football team.
As for the image of UO Athletics, I think it would be a very smart move to reinstate our program now. Having this lawsuit dangle around their necks will be:
1) Costly: Attorney fees are not cheap. Especially when you are the defendant. When you put all the numbers together, legal fees for the UO will be in excess of $1.0MM, depending on how they will react to this decision. Sure, there may be lawyers on retainer, but only then they will have to pull these guys away from the arena and baseball stadium projects.
2) Distracting: As the UO continues its “Arms Race” to pad football, build the new arena, build the new baseball stadium, etc. The last thing they need is for the media to continually harp on the decision to cut wrestling. This will hurt recruiting (FB and BB), and again cost money.
In addition, if I were on the UO’s Intercollegiate Athletics Committee, I would vote to keep Oregon Wrestling in tact, in the fear that my sport would be next.
Good Work guys!!!
[...] Additional Point of the Day: Oregon Wrestling Save Oregon Wrestling’s movement picked up a notable news item today on the website. A lawsuit’s been filed against those evil doers who nixed the proud wrestling program in Eugene. Basically, it’s pointing to misinformation as the culprit and the proper channels not being followed – you can read it all here. [...]
I’m sure The Oregonian will have a field day with this as well and the Register Guard will play spin doctor.
My only fear is that since the UO admin seemed to have turned the entire athletic dept against them, as well as turning most of the student body and fans against them, the effect it will have if wrestling is re-instated.
We all know if re-instated, we’ll keep a closer eye on the program and be more aware of what’s going on. However, will the athletic dept have a vendetta against the team? I would certainly hope not, but one has to wonder.
I think the plaintiff may have some trouble convincing the Court that an injunction should be issued at this point in time, particularly given that the wrestling room has been dismantled and the coaches have moved on to other positions. It’s too bad this wasn’t filed earlier. I hope I am wrong, but in the end, I think this will end up being just a bump in Kilwrestling’s road.
The point of the injunction is to force the UO to comply with state law and internal university procedures. The wrestlers were without a practice facility before, and it things go our way, the university can once again provide one. Lack of a wrestling room and a coaching staff, if what you say is true, doesn’t influence the legal arguments that will be made in court.
As for retaliation against the team should it be reinstated, judges take a dim view of such shenanigans.
Believe me, I hope that you are right. I just know that the courts in the jurisdiction in which I practice would not likely issue a temporary restraining order or preliminary injunction at this time. Doesn’t mean the lawsuit will not ultimately go to trial.
The attorneys I’ve spoken with don’t believe that tearing up the wrestling room and letting the coaches go would influence the court if the matter in question involves wrongdoing by the defendant prior to his compounding of the issue. Now, if there are other reasons why a preliminary injunction is unlikely, and I’m sure there are, we could very well be arguing this point years down the road, after wrestling is a memory at the UO.
We’ll see.
Again, I hope I am wrong and wish you the best.
Finding a coach to fill in, if necessary, won’t be an issue in my opinion.
I could very easily see Fin coming out of retirement to fill that need if necessary.
The guys at Ducksportsnews.com are really laying down the spin in order to portay us as the enemy.
We (wrestling) want the program, nothing more. We did not start the fight. Good job Fin, Rick, Dave, supporters, etc. Keep working on it.
We’ll definately be the ones to finish it.
The best thing we can do now is realize this is out of our hands. We tried the best we could. We worked. We raised money. We argued. The kids wrestled their hearts out. We sought every manner of redress, but now we’re going to court.
Don’t trade pointed barbs on blogs. State the truth, but understand it’s now beyond our control. There’s no reason to get mad.
We may once again, if we’re lucky, be handed the keys to the Oregon wrestling program. If we do, we’ll be exercise better stewardship. But for now, we should take pride in doing everything we could in the past year.
Sit back, relax, and we’ll see what happens.
I agree with Dave on this one. We did everything. It now came to this point.
The only logical thing that can be done now is to reinstate the program. This will save a lot of hard feelings and will be the least of the UO Athletic Department’s worry.
For the future, we can only hope that a “Wrestling-Friendly” person of influence can run the Athletic Department, or at least be on the Admin Board.
I just get a little fired up when I read non-facts or opinions being passed off as facts. I also hate how the haters are trying to paint us the the enemy to all that is UO.
We must remind people, a lawsuit is merely a formal disagreement
which needs a third party to be resolved. That is it, no mean thing, just an action seeking a fair resolution under our laws.
This is the best possible approach to take with these lying crooks! Whoever is spending long hours on this is a hero. Thank you. I think this is going to be a long drawn out legal fight.
You can listen to John Canzano’s take on the issue at http://www.955thegame.com Click on the first hour of his show and its about 17 minutes in. A lot of support from them with our cause.
I commend all of you on the hard work and thoughtfullness that has gone into this whole effort to save the Oregon wrestling program. This was the right next step, given the unwillingness of the current administration to even be willing to dialogue. I am so frustrated and disgusted with them all. I knew Kilkenney was a sleaze, but I had previously respected Frohnmayer as an ethical individual. How wrong I was! Way to go guys! No quit until the final whistle sounds! Al
Here’s an updated link for the John Canzano radio recording (it took me a minute or so to actually find the recording from Richard’s link.)
http://955thegame.com/Portals/0/media/BFT6-9-08HR1.mp3
Someone made a comment about UO Golf being cut at one time, but UO admin worked with them and allowed them the opportunity to raise the funds to keep their program. Is there any truth to that?
I do not know the answer to that Richard. When was it that this alledgedly occurred? I do know that a certain person currently in higher administration was the former women’s golf coach.
Would be interesting to know if that happened though.
Anyone who would like to testify for or against Pat Killwrestling and Costner’s field of schemes/tailgate fan gentrification project can do so today at 5p.m. at the city of Eugene city council chamber 777 pearl st.. The hearing is for the greenway permit to build the ill-conceived(UO Foundation) baseball facility. Any testimony related to this project is encouraged. Testimony could apply to the pattern of decision tricks around here I think. UO has gone a bit anarchist with regional govt. force certain companies(swoosh) and the olympics. The more hard questions asked about the UO snowballing(“sustainability”) visions and laundry list of projects (indoor track creeping around)the less mess that will have to dealt with and bailed out later. Suggested game plan-Keep the Willamette greenway drunk duck free-skip the field of schemes and force UOAD/4J save civic-stop this greenway permit now-get Chancellor Pernsteiner and Kilkenny out-force a hearing before any final decision on locating 2012 oly trials in Eugene(these guys are quid pro quo pros)-likely result,Phil, Pat and Salazar move the 2012 oly trials to Nikeworld campus in Beaverton and the Nike brand decides to flood more city upgrades and partnerships into Dubai SportsCity t.m. instead of Eugene. The End.
Regarding UO golf: Peter Jacobson and his brother David, I believe, were involved in the effort. It shouldn’t be too hard to track either of them down, especially David. I believe he lives in Portland.
If anybody wants to know about this, I’d encourage you to research it and publish the results. That could be helpful if we win the first round in court and the judge orders the university to hold the administrative hearings they neglected to accomplish before dropping wrestling.
Nothing comes up through Google. How long ago was this? I believe Peter is an OR native.
This would definately be some interesting news to get ahold of.
There was also a Marching band coach fired a few years ago by Nike forces(from what I heard). I also heard that termination never made the news. The source is very credible.
Go to http://www.zabasearch.com
Look up: Peter E. Jacobsen
David P. Jacobsen (born 1953)
Contact information is there.
This might be something to give to the lawyers to find out.
The lawyers are pretty busy. They rely on stuff we can give them, and which we can back up with documentation. I researched a lot of the stuff on the videos and on the latest bulletin, Seven Myths, which you’ll find linked to Jeremy’s message.
But I need some help from people in Oregon for stuff like this. Go for it!
I think golf did come up with money to save their sport. I’m sure that Jake can verify the details, but I think it was the previous coach, Nosler, who was the main fundraiser and secured the program before he became head coach around 1993. You can contact Jake through Peter Jacobson Productions.
I got time this summer, now that schools out. Someone email me some questions we’d need answers to and I can maybe start digging. hans_130@yahoo.com
I can tell you from experience that dnelson speaks the truth. In fighting to keep the YVCC wrestling team alive, I was able to provide a large mass of obscure and far-flung information that made up a major portion of the presentation that convinced the YVCC board to overrule its administration’s decision to cut the wrestling team.
The people fighting this fight *are* busy and cannot have access to the broad field of information that we, the network of wrestling enthusiasts have at our disposal. If you have documented information that you think will have a barring on this case, I would think that forwarding it to Coach Fin would be your best bet. I am sure he would rather receive redundant information than miss something important.
I contacted Peter Jacobsen’s company already, but haven’t heard back yet.
Richard: How’s your taste for searches undr the state open records law? Email me: nelsondc (at) earthlink (dot) net
When is the hearing set on the motion for preliminary injunction?
July 7. But by June 25 we should know what strategy the university will take. That’s when their answer to our lawsuit is due.
Can anyone offer a reason not to have a picket in the most visible possible location about this asap?(besides the new EPD taser toy) Most think your program is in a casket already due to integrated reporting techniques/propaganda(Cashregister Guard) and journalistic ineptitude(along with free olympic trials tickets). So much easy and almost free coverage is available and is currently rotting on the vine. If you have a steering committee let us know how to forward strategic ideas. The media is the major hurdle here. As far as the law goes you are way ahead I believe. It is the failure to effectively get the message out that the program is actually staying. I know you are working your tails off but what about 20 or 30 people showing up to wave signs at the Ferry street bridge? If that happened once a week do you realize how that would change the political playing field for your effort? One mean question from a reporter to Phil about this and Kilkenny goes to the wolves. That is the behind the scenes reality. Nike is terrified to be exposed as the Kill oregon wrestling hidden agent.If the world finds out they ordered this hit(they did)their brand can be injured in a media firestorm.And Nike if you did not how about going on the record stating that you crooks! Nike is rich but lacks political smarts.They act like a drunken fan when cornered. Corner them and begin the boycott. They can be pinned. You have the brains all they have are altitude chambers underwater treadmills marketing consultants and baby face flakes like Kilkenny.It has to start somewhere. There is a huge list of(vulnerable) brands they own.It may be wise to extend the boycott to the sacred ,local and overpriced O-branded junk too. Wake up! Lets roll! People need a reminder that the fighting ducks are just getting louder and tougher. Pat can not remember which lie got told to whom at this point so more media info requests will have these goons spinning even more B.S. excuses that will be handy to ensnare them with later.Lets hear any argument against this approach.
Tell you what, Zachary. Put together a group of 20 to 30 people to picket and let us know when you have firm commitments.
My personal feeling is that the situation is now in the hands of the courts, and that manpower would be better spent writing influential folks in the media, state government, and at the university–urging the athletic department to settle with the wrestlers and not put everybody through the expense of a trail.
Nevertheless, if you can figure out a way to get the story before the visiting media for the Olympic Track Trials, without making us look bad, go for it. Personally, if I lived in Eugene, I’d try to snuggle up to an influential journalist or two and try to plant a story.
Look at how much attention Zane Kesey got for our cause by inviting that one Associated Press writer along for the bus trip.
forgive the redundancy. i posted this on another thread, but this seems to be the more substantial one.
if you’re going to picket, why wouldn’t you picket at the olympic trials?
i’d at least have people wearing SOW shirts handing out informational fliers at every entrance. if you got 50 wrestlers of all ages and their parents and friends all wearing SOW shirts at every day of the trials, that would be impressive and hard to ignore.
i’ve seen silent protests that have been highly dignified and effective. it doesn’t have to be a contentious presence ripping kilkenny or knight. you might even gain some support from the athletes.
maybe it’s just me growing up on oregon track and field and wrestling, but i don’t associate too many sports with the olympics more than track and wrestling.
some people are going to be put off no matter what you do. some already are. others will continue to be impressed by the commitment.
if it really is in the court’s hands now, picketing or staging a silent protest every day outside the trials isn’t going to hurt you.
besides, if there’s a chance that this court case is the last best chance you have, i would rather go down putting it all on the line, doing everything i can, and it seems like the people most involved in this have been doing that to this point. why stop now?
there aren’t too many events that have the potential exposure of the trials in eugene, particularly given nike’s relationship to all of this.
I agree with Dave. At this point, it’s totally up to the courts, and writing to influential folks in the media, state government, and at the university–urging the athletic department to settle with the wrestlers and not put everybody through the expense of a trail is the way to go at this point.
Zachary, Spook, can you pull together a list of people and urge them to all write?
The Olympic trials offer a picket oppurtunity that will likely get totally drowned out by all the other chaos. There is relative quiet now WHICH IS EXACTLY WHAT THE DOCTOR ORDERED TO GET A HEAD START AND REDEFINE THE ISSUE IN FRONT OF THE TRIALS. To wait and pray for attention is a gamble and mistake I believe. Once trials have started media will be munching nike treats and goody bags and they will be busy reading their “what to report on” guide to “how to keep their exclusive box rights” brochure. They are not under augmented control yet(although I am sure it seems like it)
i didn’t suggest not doing anything before the trials.
at the same time, how many protests have people seen on the ferry street bridge? who’s going to cover it? the register guard? what is the goal?
the local media is not your only objective at the trials. it is a wide range of supporters of athletics from across the nation as well as national media who most likely have not been exposed to this story.
if the presence of SOW is large enough and consistent enough, with a little help a decent reporter will see an opportunity for a conmpelling side story involving some local color, the corporate behemoth of nike and it’s virtual ownership of the university of oregon athletic department and it’s astonishing facilities, and the demise of oregon wrestling.
it may not save the day, but in my opinion, it would be foolish to waste such an opportunity with so many fans of a sport that has seen it’s share of cuts and extensive national media coverage to boot.
especially when all it requires is putting some bodies on the sidewalk on sunny days in eugene.
nike and oregon want these trials to go well. i really can’t imagine a better spot to try to apply some pressure. it surely can’t be any more drowned out than at college game day. i’d get a list of credentialed media and send them all a letter and i’d make sure i had a lot of identifiable bodies there every day.
but that’s just me.
Paul,
I’m not complaining. I’m merely stating a position. I’d love to do more than volunteer an occasional, modest idea but I’m not in a position to do more than that logistically on something like this for a number of reasons.
However, it seems to me that the most efficient means of organizing something like this is by piggybacking on whatever organization already exists within the SOW movement. I’m sure there must be a list of Oregon wrestlers, high school wrestling coaches, contributors to the cause, etc., etc., etc., that could be utilized for recruiting a substantial presence every day of the Trials.
If the principals of this movement don’t want to do it, that’s fine, it was just an idea, though I’m not sure what anybody is afraid of. I’ve read plenty of commentary ridiculing wrestling supporters for the actions already taken and suggesting they just get over it.
I don’t see how a silent vigil hurts your case at all. The upside of significant exposure is far greater than any potential negative result in my opinion.
I personally don’t like the visual impact of a picket line and I agree that there shouldn’t be anything confrontational.
If you line up 50 people in SOW shirts in silent protest, they don’t say anything. They don’t have to respond to anyone. They don’t interfere with anybody’s ability to pass by. They stand in silent protest on the side of the sidewalk and they come back every day. Track fans are not rowdy football fans who are likely to get in anybody’s face.
You maybe have one or two people with information to hand out who interact and everybody else is on silent vigil. Or you give everyone fliers and they only hand them out to people who come up and express an interest.
The behavior of people on the line is entirely up to them. I’m sure if they’re committed to the group goal, they can behave accordingly.
Heck, I think a public fast while they’re at it would be perfect. Who better to do that than wrestlers?
This was basically the sort of thing I had in mind (with SOW tshirts and maybe the 7 myths around the neck):
http://media.portland.indymedia.org/images/2007/05/359378.jpg
Anyway, I just think that such a high profile event happening in your backyard warrants some consideration for action. SOW has done an admirable job so far. If the people behind it don’t think it’s a good idea for whatever reason, so be it.