
They pulled off huge March Madness upsets. Now they're opting out of revenue sharing
The newly formed College Sports Commission, which oversees revenue sharing following
the House settlement
, posted
a list of schools
that have opted into revenue sharing. All members of the ACC, Big Ten, Big 12, Pac-12 and Southeastern Conference are participating, and other Division I schools had to opt in or out by June 30.
Saint Peter's, which reached the men's Elite Eight as a No. 15 seed in 2022, did not opt in. Iona and Manhattan, who play with Saint Peter's in the Metro Atlantic Athletic Conference, didn't either.
UMBC and Fairleigh Dickinson, the only two teams to pull off a 16-over-1 upset in the men's basketball tournament, opted out as well. Fairleigh Dickinson is part of the Northeast Conference, which had just one school — Long Island University — opt in.
'It's expensive to opt in,' Idaho athletic director Terry Gawlik told
the Lewiston Tribune
. 'We don't have that kind of money to pay for that.'
Idaho is one of several Big Sky schools opting out.
In addition to the costs of sharing revenue directly with athletes, Title IX concerns and scholarship limitations are among the reasons a school
might opt out
.
'Revenue sharing and scholarship limits are really one piece, but the big thing for us is the roster limitation,' Central Arkansas athletic director Matt Whiting told
the Arkansas Democrat-Gazette
while explaining his school's decision to opt out.
Military rules prevent Navy, Air Force, and Army from compensating athletes through name, image and likeness deals, but aside from them, the Football Bowl Subdivision leagues have full participation in the settlement.
Other conferences with all full members opting in included the Atlantic 10, Big East, Coastal Athletic, Horizon, Missouri Valley, Southwestern Athletic, Western Athletic and West Coast. The Big West had everyone opt in except Cal Poly and UC Davis, which play football in the Big Sky.
Nebraska-Omaha is the lone full member of the Summit League to opt out, and Tennessee State is the only full Ohio Valley member to do so.
The Ivy League said in January that its eight schools — which do not award athletic scholarships — would
not participate
. The Patriot League didn't have any full members opt in either, although Fordham, Georgetown and Richmond — associate members who play football in that conference — did.
Of the 68 schools that made the NCAA men's basketball tournament last year, only American, Nebraska-Omaha, Saint Francis and Yale have opted out of revenue sharing. Five schools that made the women's tournament opted out: Columbia, Fairleigh Dickinson, Harvard, Lehigh and Princeton.
Commissioners of historically Black conferences have
expressed concern
that the push to make athletes school employees could potentially destroy athletic programs — but the Mid-Eastern Athletic Conference and Southwestern Athletic Conference had everyone opt in except North Carolina Central.
Some schools that don't play Division I football or basketball opted in — such as Johns Hopkins with its storied lacrosse program. Augusta University, which is located in the same town as the Masters and perhaps unsurprisingly competes in Division I in golf, was on the list of teams opting in.
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USA Today
2 hours ago
- USA Today
Judge rules against Stephen F. Austin in Title IX case: What are national implications?
A gender discrimination lawsuit against Stephen F. Austin State University could have national implications after Judge Michael J. Truncale issued his decision in the Eastern District of Texas Friday evening. Six Stephen F. Austin State University (SFA) athletes from the women's bowling and beach volleyball teams filed a class action lawsuit against their school this summer claiming Title IX discrimination after the university announced it would be cutting those two programs and men's and women's golf. 'The decision was based on sustained departmental budget deficits and the anticipated financial impact of upcoming revenue-sharing requirements with Division I athletes' SFA athletics said in a press release. The plaintiffs sought to keep the school from axing these programs. SFA argued that the plaintiffs' case is based "exclusively on a three-part test contained in guidance and interpretation documents,' rather than the Title IX statute itself. Defendant lawyers urged the court to disregard the policy interpretation handed down by the U.S. Department of Education 46 years ago, citing a 2024 Supreme Court case between Loper Bright Enterprises and Raimondo. If the court declined, however, defendant lawyers claimed SFA still complies with Title IX under the 1979 guidance. After two days in court, spanning 17 hours and 14 witnesses, Judge Truncale issued a written ruling in favor of the plaintiffs. SFA has been ordered to reinstate all three women's teams. Truncale affirmed that the Loper Bright case cannot be applied to Title IX in what plaintiff attorney John Clune called an "incredibly important" win for gender equity in sports. "If a court were to find that Loper Bright meant that the Department of Education was not allowed to rely on policy interpretations of their own regulations, the entire framework for compliance with gender equity in sports would be thrown out the window," Clune told USA TODAY. "You'd still be required to have gender equity in sports, but what that means and how you decided would no longer exist. "... Really happy about the ruling, but we're not surprised by the ruling. If you follow the law, this is what the outcome should be." SFA has 30 days to file an appeal to the Fifth Circuit Court of Appeals, according to federal rules of appellate procedure. Spokespersons for the athletic department and university did not immediately respond to requests for comment. Should SFA file an appeal, it would likely seek expedited or emergency treatment of this appeal, as fall classes begin Aug. 25. What is the three-part test? Under the Department of Education's three-part test, a school can be in compliance with the participation aspects of Title IX in any one of the following ways: The plaintiffs in this case argued that SFA violated all three prongs. The plaintiffs filed a report by former chief executive officer of the Women's Sports Foundation, expert witness Donna Lopiano, Ph.D., to prove such. Using EADA data and annual NCAA participation reports, Lopiano wrote that women made up 62.8% of SFA's enrollment during the 2023-24 academic year but less than 35% of SFA's varsity athletes. SFA cited a 2024 Supreme Court ruling between Loper Bright Enterprises and Raimondo in an effort to have the three-part test thrown out. The Supreme Court's decision made in favor of Loper Bright overturned a 40-year precedent known as 'the Chevron doctrine' directing courts to defer to government agency interpretations of "ambiguous" laws. But Judge Truncale wrote in his decision that Loper Bright is about an agency's interpretation of a statute, not an agency's interpretation of its own regulation. He also wrote that Loper Bright does not overturn any case law that previously interpreted policy. Thus, it does not apply to Title IX's 1979 policy interpretation. Breaking down the Title IX lawsuit against Stephen F. Austin State University Sophia Myers, Kara Kay, Ryann Allison, Elaina Amador, Berklee Andrews and Meagan Ledbetter filed a class action lawsuit on June 30 against Stephen F. Austin State University (SFA) after it announced the elimination of women's beach volleyball, women's bowling and men's and women's golf on May 22. The six plaintiffs, represented by renowned Title IX attorneys Clune and Arthur Bryant, are current athletes on the women's beach volleyball and bowling teams. They argued that the university violated Title IX by depriving them of equal opportunity in intercollegiate athletics and sought an emergency preliminary injunction to preserve the three women's programs 'and all other women's teams at SFA, until this case is resolved.' "Title IX mandates that schools provide equal participation opportunities for men and women to compete in intercollegiate sports," the initial complaint read. "Nonetheless, SFA has a long history of depriving female athletes of an equal opportunity to participate. Consistent with that history, SFA opted to further discriminate against women in violation of Title IX by eliminating three successful women's teams: beach volleyball, bowling, and golf. SFA's decision undercuts Plaintiffs' civil rights and, if permitted to move forward, will irreparably harm their academic and athletic careers." SFA, represented by Marlayna Marie Ellis and Sheaffer Kristine Fennessey of the attorney general's office, argued that the plaintiff's case is based "exclusively on a three-part test contained in guidance and interpretation documents, rather than the statute or 1975 implementing regulation.' Defendant lawyers urged the court to disregard the three-part test but affirmed that SFA is Title IX compliant regardless, citing the test's first and third prongs. The first prong requires 'the number of male and female athletes is substantially proportionate to their respective enrollments.' The third requires 'the institution is fully and effectively accommodating the interests and abilities of the underrepresented sex.' Defendant lawyers claimed there is 'no strict rule' defining "substantially proportionate,' and that SFA 'effectively accommodates the interest and abilities of women, despite the discontinuation of the women's beach volleyball, bowling, and golf teams.' Financial pressure from House settlement not valid defense for cutting women's sports SFA opted into the House settlement, where schools are able to pay athletes directly starting this athletic year with a $20.5 million cap per institution. These new financial pressures are why athletic director Michael McBroom said the decision to cut teams was made. The athletic department reported a $1 million surplus during the 2024 fiscal year, with about $24 million in institutional support out of $28.8 million in total operating revenue. In FY2023, SFA reported a $61,000 deficit, with $19.4 million in institutional support. And in FY2022, SFA reported a $275,000 deficit, with $17.7 million institutional support. Plaintiffs argued, successfully, that "budgetary constraints are not a legitimate defense to Title IX." "The funding of those revenue-sharing payments for football players and men's basketball absolutely cannot come at the expense of women's sports," Clune said. "So this is a huge message to schools across the country. Whatever you have to do to figure out how you're going to fund your revenue-sharing payments, it's not going to come at the expense of women's opportunities to participate in sports. That's a big deal." Reach USA Today Network sports reporter Payton Titus at ptitus@ and follow her on X @petitus25.


USA Today
4 hours ago
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The Hill
5 hours ago
- The Hill
College at center of USA Fencing fight agrees to deal with Trump admin on trans athletes
Wagner College, a small, private liberal arts college in Staten Island, N.Y., has agreed to comply with the Trump administration's restrictions on transgender student-athletes following a federal investigation that stemmed from an incident at a women's fencing competition in March, the Education Department announced on Friday. The department's Office for Civil Rights (OCR) launched an investigation into Wagner after USA Fencing officials disqualified a woman from a tournament at the University of Maryland on March 30. Stephanie Turner, 31, had refused to compete against Red Sullivan, a 19-year-old Wagner student, taking a knee to protest Sullivan's participation in violation of the competition's rules. A video of Turner's disqualification quickly went viral, amplified by conservative activists, political figures and Fox News. 'This is heroic on her part,' Rep. Mike Lee (R-Utah) wrote in a post on X, responding to a video of the exchange posted by Riley Gaines, a frequent critic of transgender women in women's sports. In May, the House Subcommittee on Delivering on Government Efficiency (DOGE) held a hearing on the incident and invited Turner to testify. Participation in the University of Maryland's Cherry Blossom Open, hosted annually during springtime, is not limited to college students, according to the school's fencing club, of which Turner, who now lives in suburban Philadelphia, is a former member. Sullivan, a sophomore at Wagner, entered the competition individually. She had competed for the college's women's fencing team until February, when the NCAA said it would comply with President Trump's executive order to ban transgender student-athletes from girls' and women's sports. In an interview with Rolling Stone in April, Sullivan said the exchange with Turner left her bewildered. 'Nothing close to this has ever happened. No one has ever had a problem with me fencing in a women's event,' said Sullivan, who became medically eligible for women's tournaments last year. USA Fencing, the sport's governing body, announced in July that it would amend its transgender and nonbinary participation policy to align with a new U.S. Olympic & Paralympic Committee policy barring transgender women from competing in Olympic women's sports. As part of its deal with the Trump administration, Wagner will formally amend its athletic policies to reflect 'biology-based' definitions of the words 'male' and 'female,' consistent with an executive order Trump signed on his first day back in office proclaiming that the U.S. recognizes only two unchangeable sexes. The college will also issue a public statement pledging to comply with Title IX, the federal civil rights law against sex discrimination in schools that the Trump administration has said prohibits transgender students from competing in girls' and women's sports. The University of Pennsylvania, Trump's alma mater, agreed to a nearly identical resolution in July. In a statement on Friday, Wagner College President Jeffrey Doggett said the school would continue to foster a welcoming and supportive community, but that it has a responsibility to comply with federal laws as the government interprets them. He apologized to any student-athletes who were negatively impacted by the school allowing transgender women to compete. The college's agreement with the administration, Doggett said, is 'markedly different' from those of other universities found to have violated Trump's orders. 'Working cooperatively with the OCR investigators, we were able to negotiate terms that are limited, minimally intrusive and tailored to the particular facts of Wagner's situation,' he said. Doggett added that the college had been following NCAA and USA Fencing rules applicable at the time when it allowed Sullivan, whom the statement does not name directly, to participate on the women's fencing team. The agreement with OCR 'makes clear that there was no admission or finding of any wrongdoing by the College,' he said. 'As we know, higher education is in the midst of great change,' Doggett continued. 'Like many institutions, Wagner College is doing what it must to advance its mission during this period of turbulence. I believe that it is of the utmost importance that Wagner set a course that ensures its long-term success, and part of that is to continue to foster an open and supportive community that follows the laws and regulations with which it must comply. In bringing an end to this investigation I believe we can continue to do both.'