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
Depending on the day, I might be able to show with my two sons who were the original picketers in Boardman, when Kilkenny told them they “can go someone else.”
Richard,
Kilkenny said “you can go somewhere else” to your sons?
Hey, the good news is that he did say something, and the rallying and support we have for SOW is being noticed by him. Based on your statement here, we really need to pour it on him! The Track and Field Olympic trials will be an absolute awesome forum to get our word out.
If protesters want to take the SOW fight to the Trials, I think it’s important that we do it in a very respectful, understated way that expresses our support of Olympic sports and our desire to protect future opportunities for Oregon’s next generation of Olympic athletes. Oregon has been well represented in Olympic wrestling. I’m including wrestlers from the entire state of Oregon–we nearly had another Olympian this year, with Glenn Garrison losing in the GR finals. (Also, UO alum, Shon Lewis is now the Army coach, and he had both finalists at 120 KG.) I think we need a positive message about the value of Olympic sports, Oregon’s Olympic wrestling heritage and how important it is to keep the flame burning at places like the UO.
Mr Fenley name a time and place to get more specifics about the help you need. I will check back soon here. I think there may be others who want those specifics. Where to go and when. Leave a message here. I think others want to help but that they just do not know how. Back soon. You have my email address here at the site too.
I’d like to volunteer my time for anything that promotes Oregon wrestling. But I don’t think “we” should be taking away any part of the track and field limelight (stealing.) …We need those guys on our side, before this is over. We’re in court now, and it’s totally up to the legal system. We have a good case, and standing on the street, although “may” get a little attention, will do nothing for us in court. Public opinion is on our side right now, just ask around. I wear my “Save Oregon Wrestling” t-shirt as much as possible and get supportive comments from everyone I meet. If you don’t have a t-shirt, order one from here. Here’s an idea… If we do wind up in court, plan on attending with your “Save Oregon Wrestling” T-shirts on and pack the court room with supporters. That’s what we need to plan here.
Sorry I didn’t respond sooner. Been in Reno stealing old people’s social security money at the poker tables and had very limited internet access.(My wives fault)
Anyways, yes he said that to both my sons as he passed them on his way to a Chamber meeting in Boardman, back when this all transpired. They were there picketing, but I couldn’t be there. This is also where he was stated as saying it would take $4 mil to re-instate but later recanted.
I think there’s nothing wrong with a peaceful demonstration. Wearing our “Save Oregon Wrestling” shirts and just handing out info could be helpful and garner more support from the public, without taking anything away from the Trials.
Did anyone read Kilkenny’s comments in the Oregonian’s Sporst page? I guess instead of the new women’s sport is not “Women’s Competitive Cheer”, but “Women’s Team Sport and Gymnastics”.
Also, Kilkenny seemed to be very proud that the Olympic trials are being held in Eugene. There will be 12 hours of video coverage at the Olympic Trials. Kilkenney is said to hopefully use this (trials) opportunity to recruit kids who are living in the 85 – 90 F hot and humid areas of the East -and may be inclined to make the move to Eugene.
FYI.
Someone wrote on this site, very early on, that the first Olympic gold won while wearing Nikes was won by Wayne Wells. I don’t know if that is true, nor do I know how to verify if it is.
If it is in fact true perhaps posters of Wayne in action with the notation at the bottom of “First Nike Gold” could be printed and distributed free at the trials. But only if it is true. Sort of a subtle and positive way of hinting all Olympic sports are at risk in corporatized athletics.
The Wayne Wells statement was probably made by me, and it is absolutely true and part of Nike heritage that they have documented as part of their ongoing DNA (Department of Nike Archives) research project that I was also involved with for almost a year. Wells also had a signature Nike wrestling shoe and was featured on his own Nike poster. I may still have a copy of the original poster in storage with all my old high school tournament brackets at my parents’ house in Eugene.
That would be cool to get out there.
Is today the day we hear from UO about the case?
Yes. Oregon’s Department of Justice filed its answer with Marion County Circuit Court today. I spoke with Larry Joseph, our Washington, D.C. attorney, a couple of hours ago.
Nothing unexpected was in the brief. The most significant item is what they won’t argue: Title IX. But we know that already.
Some other items were expected; others were a bit of a surprise. I’m not sure how much I should say, although the state’s answer is a matter of public record. I haven’t seen the document yet, just heard about it.
Suffice it to say the state came up with nothing that would blow our case out of the water. We’re still optimistic.
There is one other change. Judge Norbald is no longer on the case. He turned his entire docket over to judge Lynn Ashcroft. Don’t read much into this.
Well, if its public record, you might as well divulge.
I don’t have it, and as I live in Texas, I can’t troop down to the court house to get it. One of the attorneys may send it to me today, but I don’t trust myself to interpret legalese. I prefer a translator. I do trust our lawyers, though, and when they say there’s nothing terribly unexpected in it, I’ll go with that.
The next step is for our side to file papers with the court that respond to what the Oregon DOJ said in its answer. That is due on the 30th. Then, provided that neither party asks for a continuance, the court session on our motion for a preliminary injunction happens on July 7.
Gotcha. Thx for keeping us informed. Lets hope for the best.
Dave, why is it the more fact and truth we bring to the table at DSN, the more they try and debunk it? Its like that Jay guy works extra hard and not being proven wrong, rather than look at the facts that have been presented to him.
Rich,
I hear ya as well. Who is this Jay guy? We are not the bad guys here.
Well, I really don’t now much about Jay except that he has some connections with the athletic department. He made reference to having a role in the Duck Vision production, at least at one time in his career. I’ve also been told that Joe Giansante was Jay’s best man. There’s certainly nothing wrong with that, but given Joe’s connection to the baseball program, perhaps we can guess what’s up.
To me Jay seems predisposed to defend Oregon unless the circumstances are indefensible. Then he clams up. I’ve never read an editorial criticism from his pen that goes against an administrator. Let the conversation go the other way, however, and he’s far from neutral. He has taken Steve Duin to task, as he did Michael Copperman when he wrote that article for Eugene Weekly. I’m still smoking about his questioning of our wrestlers’ integrity the morning of the lawsuit, and have called him on it several times on his own blog.
Hey, if you want to say the coaches, fans, or boosters are morally character flawed, go ahead. He can come after me anytime he likes. But when somebody attributes a character deficiency to our student-athletes merely because they exercised their rights to the court system, that’s not pro-Duck in my way of thinking.
When you’re spring loaded to defend the administration rather than the athletes, that says something about you.
I guess I don’t like what I see at my alma mater some 30 years after I graduated. I remember a pretty good school that produced a lot of smart liberal arts and pre-professional students. A lot of sharp doctors, lawyers, teachers, and writers used to come through the UO. Maybe they still do. These days, however, the business school, the sports marketing school, and the athletic department seem to have produced a different mindset than what I encountered in Eugene.
Tell me about it. My brother just graduated from the sports marketing dept and he showed all the signs of the UO/Nike brianwash. It wasn’t until I told him what’s up that he realized maybe his vision of the school was a little flawed.
I do commend Jay for at least giving us another avenue to speak, but his one-sidedness with the whole ordel reeks at times. The whole character flaw comments, were way out of line.
So, what happened at the hearing?
Don’t know. I have been on the phone with other alumni wrestlers asking the same question. I have the news on and I have been surfing the net.
Would not surprise me if the judge took it under submission and did not rule today.
What did I learn by my involvement in wrestling all those years ? Nobdoy but myself to blame, to never quit and what Dan Speasl said to my opponent (acting as a ref) –
” It ’s not over until it’ s OVER ! ”
The administration was not prepared for “wrestlers”.
Me, like possibly millions of people on the sidelines watching — are proud of the efforts and now – the “fair Play” legal issues.
It reminds me — “Because” is not a reason, ask a 10 year old.
Super site! Many thanks!!!