The Supreme Court announced Monday that it will not hear an appeal from Michigan State University that could have impacted how Title IX, the federal law that bans sexual discrimination in education, is applied to college athletics programs.
seeking reinstatement of the women's team. They alleged that Michigan State’s decision would result in the university violating the law’s requirement that schools provide equitable sports-participation opportunities for men and women.
A three-judge panel of the 6th U.S. Circuit Court of Appeals disagreed following consideration that included written and oral arguments from the Justice Department. By a 2-1 margin, the panel , saying that it needed to base its decision about Michigan State's compliance with the proportionality standard in a different way than the percentages.
In early, August, Jarbou — acting within the parameters of 6th Circuit panel's decision — issued a ruling in which she found that the gap between Michigan State's men's and women's athlete populations was sufficient to support a viable team. She also issued a preliminary injunction against Michigan State. She refused to immediately reinstate the women's swimming and diving team, but she ordered the university to submit a Title IX compliance plan within 60 days.
In written arguments concerning whether the Supreme Court should hear the case, Michigan State — with backing from separate briefs offered by 15 state attorneys general and three rival universities — argued that the appellate court’s decision created a new standard that would inflict “havoc” on schools, especially those with very large enrollments that can fluctuate annually.
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