{"id":616067,"date":"2025-06-28T05:57:39","date_gmt":"2025-06-28T12:57:39","guid":{"rendered":"https:\/\/www.swimmingworldmagazine.com\/news\/?p=616067"},"modified":"2025-06-28T09:38:27","modified_gmt":"2025-06-28T16:38:27","slug":"citing-title-ix-violations-champion-women-sends-demand-letter-for-reinstatement-of-cal-poly-womens-swimming","status":"publish","type":"post","link":"https:\/\/www.swimmingworldmagazine.com\/news\/citing-title-ix-violations-champion-women-sends-demand-letter-for-reinstatement-of-cal-poly-womens-swimming\/","title":{"rendered":"Citing Title IX Violations, Champion Women Sends Demand Letter for Reinstatement of Cal Poly Women’s Swimming"},"content":{"rendered":"

Citing Title IX Violations, Champion Women Sends Demand Letter for Reinstatement of Cal Poly Women’s Swimming<\/strong><\/p>\n

Several months after Cal Poly announced it was cutting its swimming programs, citing the House Settlement as the reason, Champion Women and Equity IX Sports Law have sent a letter to the university’s president demanding the women’s program is reinstated. Champion Women, headed by Olympic swimming gold medalist Nancy Hogshead, and Equity IX Sports Law, spearheaded by Leigh Ernst, have notified the school that its athletics department is not in compliance with Title IX.<\/p>\n

The demand letter was sent to Cal Poly President Jeffrey Armstrong. Additionally, the organization forwarded multiple documents that statistically show where Cal Poly is not in compliance with Title IX. Those documents, compiled by Cal Poly swimmers, can be found below.<\/p>\n

Champion Women – Title IX Statistics<\/a>
\nCal Poly Facts & Information Sheet (Compiled by Champion Women)<\/a><\/p>\n

Recently, Armstrong announced that fundraising efforts by members of the swim teams and alumni did not meet the necessary support<\/a> required to reinstatement the Cal Poly swim programs. Armstrong will now have to answer to why the school is out of Title IX compliance, but has opted to cut a women’s athletics program.<\/p>\n

Here is the letter sent to Cal Poly President Armstrong by Champion Women and Equity IX Sports Law:<\/p>\n

Dear President Armstrong,\u00a0<\/span><\/em><\/p>\n

We have been retained by members of the California Polytechnic State University, San Luis\u00a0 Obispo (\u201cCal Poly\u201d) Women\u2019s Swimming & Diving Team (\u201cWomen\u2019s Swimming\u201d) to address\u00a0 concerns regarding gender-based inequities within the university\u2019s athletic programs.\u00a0\u00a0<\/span><\/em><\/p>\n

We respectfully request that Cal Poly take the necessary actions to ensure both immediate and\u00a0 long-term compliance with applicable state and federal laws. We urge your prompt attention to this matter and look forward to discussing potential solutions with you.\u00a0<\/span><\/em><\/p>\n

Elimination of Women\u2019s Swimming \u2013 Violation of Title IX\u00a0<\/b><\/em><\/p>\n

On March 7, 2025, you publicly released \u201cLetter from President Armstrong on Budget and\u00a0 Organizational Changes,\u201d which announced that both Men\u2019s and Women\u2019s Swimming and\u00a0 Diving Programs (\u201cPrograms\u201d) would be \u201c<\/span>discontinued effective immediately<\/span>.\u201d\u00a0<\/span><\/em><\/p>\n

The elimination of Women\u2019s Swimming is a violation of <\/span>Title IX of the Education\u00a0 Amendments of 1972 <\/b>(\u201cTitle IX\u201d). Title IX prohibits discrimination on the basis of sex in educational programs and activities, including athletics, for institutions that receive federal\u00a0 financial assistance.<\/span>1 <\/span>Title IX\u2019s implementing regulations further specify that:\u00a0<\/span><\/em><\/p>\n

\u201c[n]o person shall, on the basis of sex, be excluded from participation in, be\u00a0 denied the benefits of, be treated differently from another person or otherwise\u00a0 be discriminated against in any interscholastic, intercollegiate, club or <\/span><\/em>intramural athletics offered by a recipient, and no recipient shall provide any\u00a0 such athletics separately on such basis.\u201d 34 C.F.R. \u00a7 106.41(a).\u00a0<\/span><\/em><\/p>\n

This provision clearly mandates that Cal Poly must offer equitable athletic opportunities, and the\u00a0 elimination of Women\u2019s Swimming on March 7, 2025, violates that mandate. Below are facts, data, and law that clearly demonstrate that Cal Poly cannot cut its Women\u2019s Swimming Team.\u00a0 Further, Cal Poly needs to add additional women\u2019s athletic teams.\u00a0\u00a0<\/span><\/em><\/p>\n

Similarly, under <\/span>California state law<\/b>, discrimination on the basis of sex is prohibited in schools,\u00a0 and individuals are guaranteed the right of equitable treatment, benefits and an equitable\u00a0 opportunity to participate in all academic extracurricular activities, including athletics. Cal.\u00a0 Educ. Code \u00a7 221.8.<\/span>2 <\/span>This state provision further reinforces the protection offered under federal\u00a0 law, Title IX, ensuring that women have the same opportunity to participate in athletic programs\u00a0 as their male counterparts.\u00a0<\/span><\/em><\/p>\n

Based on available information, Cal Poly is not in compliance with Title IX or the Cal.\u00a0 Education Code \u00a7 221.8.\u00a0\u00a0<\/span><\/em><\/p>\n

Evidence we have reviewed is clear: in Cal Poly\u2019s athletic department, male students are\u00a0 receiving disproportionately more participation opportunities than female students, more athletic\u00a0 scholarship dollars, as well as more favorable treatment and benefits. These discrepancies directly contradict the requirement of both federal and state law, which mandates equal\u00a0 opportunities and equitable treatment for all students.\u00a0<\/span><\/em><\/p>\n

Equal Participation Opportunities, Equal Athletic Scholarships,\u00a0<\/b><\/em>& Equal Treatment and Benefits\u00a0<\/b><\/em><\/p>\n

Title IX prohibits three broad categories of discrimination against student-athletes based\u00a0 on sex. First, educational institutions must provide female students with <\/span>equal athletic\u00a0 participation opportunities<\/b>. 20 U.S.C. \u00a7 1681. Second, educational institutions must\u00a0 provide men and women with <\/span>equal athletic scholarships<\/b>.<\/span>3 <\/span>Third, long-standing federal <\/span><\/em>law mandates female students receive <\/span>equal treatment and benefits <\/b>compared to their\u00a0 male counterparts.<\/span>4<\/span>\u00a0<\/span><\/em><\/p>\n

Cal Poly is engaging in all three forms of sex discrimination. Specifically, Cal Poly has failed to\u00a0 provide female athletes with equal participation opportunities, equal athletic scholarships, and\u00a0 has not ensured that female athletes receive equal treatment and benefits. These actions represent\u00a0 separate violations of Title IX.\u00a0<\/span><\/em><\/p>\n

Facts from the Equity in Athletics Disclosure Act\u00a0<\/b><\/em><\/p>\n

According to the most recent publicly available <\/span>Equity in Athletics Disclosure Act <\/b>(\u201cEADA\u201d)<\/span>5<\/span> report submitted by Cal Poly to the Department of Education, in the 2023-24 academic year, Cal\u00a0 Poly has an undergraduate population of 10,697 men and 10,774 women, with women\u00a0 representing <\/span>50.2% <\/b>of total undergraduate enrollment.\u00a0\u00a0<\/span><\/em><\/p>\n

During that same academic year, Cal Poly\u2019s athletic department provided men with 403 athletic\u00a0 opportunities and women with 296 athletic opportunities, using the duplicated count. As such,\u00a0 women comprised <\/span>42.35% <\/b>of total athletic participation opportunities. Using the unduplicated\u00a0 count, Cal Poly reported 357 males and 223 female athletes, meaning women comprise just 38.45% of all Cal Poly athletes.\u00a0\u00a0<\/span><\/em><\/p>\n

Again, with the duplicated count, Cal Poly would need 38.9% more athletic opportunities for\u00a0 women in order to equal the number of opportunities the school provides to men, or <\/span>115 <\/b>more\u00a0 women.\u00a0\u00a0<\/span><\/em><\/p>\n

Using the unduplicated count, Cal Poly would need to add <\/span>141 <\/b>more female athletes to its\u00a0 athletic programs in order to achieve equity in athletic participation opportunities.\u00a0\u00a0<\/span><\/em><\/p>\n

Additional Facts From Roster Counts on Cal Poly\u2019s Athletics Website\u00a0<\/b><\/em><\/p>\n

In 2023 \u2013 2024, according to a <\/span>roster count from Cal Poly\u2019s athletics\u2019 website<\/b>,<\/span>6 <\/span>Cal Poly gave\u00a0 365 men and 237 women athletic opportunities, including swimming. According to the Cal Poly\u00a0 website, women that year were just 39.3% of the athletes at Cal Poly.\u00a0\u00a0<\/span><\/em><\/p>\n

In 2024 \u2013 2025, according to a roster count from Cal Poly\u2019s athletics website, Cal Poly provided\u00a0 athletic opportunities to 341 men and 220 women, including swimming. Again, according to the\u00a0 Cal Poly website, women were just 39.2% of athletes at Cal Poly.\u00a0<\/span><\/em><\/p>\n

EADA Athletic Scholarship Data\u00a0<\/b><\/em><\/p>\n

Women athletes at Cal Poly are entitled to equal athletic scholarship allocation while\u00a0 participating in athletic educational opportunities.<\/span>7<\/span>According to the EADA\u2019s latest data, Cal Poly\u00a0 needs to add $1,428,121 in athletic scholarship aid for women.\u00a0\u00a0<\/span><\/em><\/p>\n

EADA Athletic Recruiting Dollars Data\u00a0<\/b><\/em><\/p>\n

Women athletes are entitled to equal treatment while participating in athletic educational\u00a0 opportunities, including equal recruiting.<\/span>8 <\/span>According to the EADA\u2019s latest data, Cal Poly needs\u00a0 to add $124,327 in recruiting dollars for its women\u2019s sports.\u00a0\u00a0<\/span><\/em><\/p>\n

Title IX Liability\u00a0<\/b><\/em><\/p>\n

On March 7, 2025, Athletic Director <\/span>Don Oberhelman <\/b>informed members of both the men\u2019s\u00a0 and women\u2019s swimming teams that both Swimming Programs were being discontinued. During\u00a0 this in-person meeting on campus, Mr. Oberhelman was directly asked whether the elimination\u00a0 of Women\u2019s Swimming constituted a Title IX violation. He responded by stating that cutting\u00a0 Women\u2019s Swimming does not violate Title IX.\u00a0\u00a0<\/span><\/em><\/p>\n

Mr. Oberhelman\u2019s assertion is legally incorrect and reflects a fundamental misunderstanding of\u00a0 federal anti-discrimination law.\u00a0<\/span><\/em><\/p>\n

Even prior to the announced elimination of Swimming, Cal Poly would have needed to add 141 more female athletes to achieve compliance with Title IX.\u00a0<\/span><\/em><\/p>\n

Eliminating Men\u2019s and Women\u2019s Swimming cut 29 male athletes and 29 female athletes. The\u00a0 simultaneous discontinuation of both the Men\u2019s and Women\u2019s Swimming Teams, with the same\u00a0 number of athletes on each team, does not mitigate Cal Poly\u2019s Title IX liability. But with women\u00a0 comprising 37.3% of total athletic participation, the cuts actually widened the participation gap\u00a0 between female enrollment and athletics participation to 12.9%.\u00a0<\/span><\/em><\/p>\n

Obviously, eliminating Women\u2019s Swimming reduced athletic participation opportunities for\u00a0 women.\u00a0\u00a0<\/span><\/em><\/p>\n

Here, the facts show that the gaps between men\u2019s and women\u2019s athletic opportunities at Cal Poly\u00a0 remains large. Both before and after the cuts to one or both Swimming Teams, women were not,\u00a0 and are not, receiving equal educational opportunities:\u00a0<\/span><\/em><\/p>\n