A federal judge has denied members of the University of Oregon’s beach volleyball and club rowing team’s efforts to give their Title IX lawsuit class action status.
The athletes asked the Court of Appeals for a review Thursday.
In his ruling late last month, United States District Judge Michael McShane said beach volleyball players had failed to demonstrate their experience was typical for all female athletes at UO. He said the problems the women allege, such as not having a full-time coach or having to practice off campus, and the program coming online in 2013, made their case unique.
“Beach Volleyball Plaintiffs, unlike their fellow proposed class members, would need to address whether their participation in an ‘emerging’ varsity sport influences the merits of their Title IX claim,” McShane wrote.
He said he also did not believe the rowing team should be included in a class action. In the original lawsuit, the team’s attorneys argued they should be added to the school's varsity roster to achieve gender parity with men's sports.
“The Rowing Plaintiffs do not convince this Court that they have the abilities to participate in varsity athletics at the University, and therefore they are not being deprived of the opportunity to participate in varsity athletics.” McShane wrote. “Their recorded rowing race times are substantially inferior to even the worst performing Division I rowing teams.”
Arthur Bryant, one of the attorneys for the athletes, told KLCC he believed the ruling is contrary to established Title IX practices.
“The law is clear, they don’t need to prove that to seek equal opportunities to participate in varsity athletics for themselves or any other women’s athletes,” Bryant said. “If they’re being deprived of the opportunity, that’s the violation of Title IX, whether or not they have the talent to actually participate at the varsity level.”
He argued beach volleyball’s alleged uniquely poor treatment also does not make them ineligible to seek relief for themselves or others.
"This decision is truly disturbing and would essentially gut the ability of women athletes to bring Title IX actions," Bryant said.
In their original 2023 lawsuit, the athletes said they were deprived of scholarships and appropriate facilities. They also argued women's sports university-wide receive less resources than men's.
The University of Oregon has conistently denied the allegations of discrimination, and has said it’s making progress on an on-campus beach volleyball facility.
In their petition to appeal, another attorney for the athletes, Matthew Murray, argued McShane erred in his analysis and did not consider all the evidence presented. He also argued the race times the judge cited to dismiss rowers were cherry picked and not relevant to their claim.
The U.S. Court of Appeals for the 9th Circuit will determine whether to allow the athletes to appeal their case. Over the next few weeks the University of Oregon will have a chance to weigh in on a potential appeal.
