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Division I Baseball and Softball Final Statistics

TITLE IX

Department of Education upholds three-pronged compliance test

The U.S. Department of Education has affirmed its three-part test for Title IX compliance.

In a three-page statement issued July 11 entitled "Further Clarification of Intercollegiate Athletics Policy Guidance Regarding Title IX Compliance," Gerald Reynolds, assistant secretary for civil rights, stated that "the Bush Administration is firmly committed to building on (athletics opportunities for women and girls) and continuing the progress that Title IX has brought."

Reynolds noted that cutting men's teams to comply with Title IX will be viewed as a "disfavored" practice; he also said the law will be applied more consistently from region to region.

Staff contact: Rosie Stallman (rstallman@ncaa.org).

LITIGATION

Texas appeals court rules for swimmer in transfer-rule case

The Texas Court of Appeals has ruled in favor of a student-athlete at the University of Texas at Austin in a case that involves a swimmer's claim that she is entitled to a university-provided "hearing" before a decision is made about her eligibility.

In its ruling, the court ruled that while "not every student-athlete has protected interest in their athletic reputation...when an athlete such as Joscelin Yeo enters intercollegiate competition with an already established athletic reputation earned in the context of another country's amateur athletic program, there may exist a previously established protected interest. The member institutions of the NCAA that are also government actors, such at UT-Austin, have an obligation to protect that interest in making eligibility determinations."

The NCAA was not a party to the case since the court denied its request to participate. The University of Texas has 45 days to appeal the decision to the Texas Supreme Court.

Staff contact: Elsa Cole (ecole@ncaa.org).