Austin's Stephen F. University Attempts to Bolster School Spirit Despite Pending Title IX Investigation Through Dance and Cheerleading Routines
Title IX Lawsuit Against Stephen F. Austin State University: The Debate Over Competitive Cheerleading and Dance as Varsity Sports
A recent Title IX lawsuit against Stephen F. Austin State University (SFA) has sparked a debate over the status of competitive cheerleading and dance teams as varsity sports for Title IX compliance. While the core lawsuit does not explicitly focus on these activities, understanding their status is crucial to interpreting the case.
The university's decision to cut three women's varsity sports—beach volleyball, bowling, and golf—has been challenged by plaintiffs who argue it violates Title IX's mandate for equal athletic opportunities for women. The lawsuit alleges that SFA, with women comprising over 63% of enrollment but less than 47% of athletes, is out of compliance with Title IX, and cutting these sports would worsen the disparity.
The debate over competitive cheerleading and dance teams as varsity sports under Title IX hinges on whether these activities provide athletic opportunities equivalent to traditional varsity sports. For a team to count toward Title IX proportionality calculations, it must be recognised by the university as a varsity sport with substantial athletics-related activities, including competition, governance, coaching, and scholarships.
Courts and the Office for Civil Rights (OCR) typically require that the activity be competition-based and recognised by a governing sports body. Competitive cheerleading that involves structured competition with other schools has increasingly been accepted as a varsity sport, whereas spirit squads or non-competitive teams often are not. The activities must also involve a high level of athletic skill and physical exertion comparable to other sports.
In the SFA case, the university argues that the Supreme Court's decision in Loper Bright Enterprises v. Raimondo nullifies the OCR's three-part test and the requirement for "substantially proportionate" athletic opportunities. However, the court's decision may not help SFA if the three-part Title IX test is viewed as clearly expressed.
While competitive cheerleading and dance teams can be considered varsity sports for Title IX compliance if properly structured, the current SFA lawsuit primarily contests elimination of established women's varsity sports without adding or maintaining equivalent opportunities, which is a direct Title IX violation under case law and OCR guidance.
No new precedents specific to SFA regarding cheerleading/dance teams have emerged from the recent filings. However, the broader context confirms that only competitive, officially recognised varsity teams count toward Title IX gender equity requirements. The courts' decision in Biediger v. Quinnipiac, which determined that competitive cheer does not count as a sport for Title IX purposes, serves as a reminder of the criteria that must be met for a team to be considered a varsity sport under Title IX.
The debate over competitive cheerleading and dance teams as varsity sports under Title IX is far from over, and the SFA lawsuit is just one of many cases that will help shape the interpretation of Title IX in the coming years. As the courts continue to consider these issues, it is essential that they maintain a focus on ensuring equal athletic opportunities for all students, regardless of gender.
- The interpretation of Title IX in the SFA lawsuit highlights the importance of analyzing the status of competitive cheerleading and dance teams as they must be recognized as varsity sports with substantial athletics-related activities to be considered for Title IX proportionality calculations.
- In the context of Title IX compliance, education and self-development are crucial in understanding that competitive cheerleading and dance teams can be recognized as varsity sports only if they involve competition, governance, coaching, and scholarships, similar to traditional varsity sports, and meet the courts' and OCR's criteria for athletic opportunities equivalent to other sports.
