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Civil rights Keyed to Jeffries, 5th Ed.
Kelley v. University of Illinois
Citation:
35 F.3d 265 (1994)Facts
In 1993, the University of Illinois faced a significant athletic budget deficit of $600,000. To address this shortfall, the University decided to eliminate certain intercollegiate athletic programs. The Athletic Director evaluated all 19 sports against seven criteria, including championship opportunities, tradition of success, high school participation levels, facility adequacy, spectator interest, gender/ethnic issues, and cost. Based on this evaluation, the University decided to eliminate four programs: men’s swimming, men’s fencing, and men’s and women’s diving.
The University retained women’s swimming because eliminating it would have risked violating Title IX. At the time, women comprised 44% of the student body but only 23.4% of intercollegiate athletes. A decade earlier, in 1982, the Office of Civil Rights had determined that the University denied female students equal athletic opportunities, but did not find a violation based on the University’s promise to remedy the disparity. The plaintiffs, members of the men’s swimming team, sued, claiming the decision violated Title IX and the Equal Protection Clause by discriminating against men.
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