HUNTINGTON, W.Va. (WCHS) -- A lawsuit has been filed in U.S. District Court seeking to halt Marshall University's discontinuation of its women's swimming and diving team.
The lawsuit, filed by 15 undergraduate members of the team, alleges the university and its board of governors are violating Title IX and depriving female student-athletes of equal opportunities to participate following a Feb. 17 decision to cut the program.
In the complaint, the plaintiffs argue that Marshall is failing to comply with Title IX requirements by:
The university has said it intends to launch a STUNT team, a competitive sport derived from cheerleading, in place of the swimming and diving team in order to satisfy its Title IX requirements. Officials touted the ability to have a larger roster with that sport, which would help with proportionality between its athletic program rosters and enrollment totals.
However, the lawsuit cites data from an outside consulting firm that suggests Marshall had an average female athlete participation gap of about 210 positions from 2023 to 2026, and adding a STUNT team - with a maximum roster of 65 athletes - would "not result in substantial proportionality either."
It also argued that Marshall's plan to fill a maximum roster of 65 athletes for the STUNT program is "almost certainly years away from reality."
The lawsuit calls for an immediate injunction halting the program's discontinuation as the spring transfer portal fully opens Wednesday, when undergraduate members of the team will have to decide either to remain at Marshall or transfer to another program.
The university acknowledged the court filings in a statement Tuesday, saying it takes all legal matters seriously and that it is committed to "engaging in the judicial process in a transparent and respectful manner."
Marshall President Brad D. Smith and Athletic Director Gerald Harrison reaffirmed the decision and rationale to discontinue the program in a joint statement.
"Our months-long financial review of athletic programs at Marshall showed that the swimming and diving program, while successful in the classroom and in the pool, was not sustainable at the level necessary to compete for Division I championships," Harrison said in the statement. "This was not an easy decision, but we believe it remains the best option at this time. Our priority remains the well-being of our student-athletes and the trust of the entire Marshall community."
The university said it is reviewing the claims in the court filings and "will respond through the appropriate legal channels." It did not comment further on the lawsuit.
The filings come after Marshall University's Board of Governors, following a presentation by Smith and Harrison, voted to discontinue the program during a meeting on Feb. 17.
Harrison said during his presentation that the program operates on an $819,000 annual budget and its facilities don't currently meet NCAA competition standards. He also said the athletic department couldn't commit the funding needed to make structural upgrades and sustain the program.
The decision was made while the team was in Greensboro, N.C., preparing to compete in the American Athletic Conference Swimming and Diving Championships.
Several of the team's members ended up taking up medals and setting program records during the event.