EQUITY IN ATHLETICS, INC. v. DEPARTMENT OF EDUC.

No. 10-1259.

639 F.3d 91 (2011)

EQUITY IN ATHLETICS, INCORPORATED, Plaintiff-Appellant, v. DEPARTMENT OF EDUCATION; Arne Duncan, Secretary of Education, in his official and individual capacity; Sandra Battle, Acting Assistant Secretary for Civil Rights, in her official and individual capacity; United States of America; James E. Hartman, Vice Rector, James Madison University, in his official and individual capacity; Jeffrey T. Bourne, Athletics Director, James Madison University, in his official and individual capacity; Mark T. Bowles, Visitor, James Madison University, in his official and individual capacity; Joseph F. Damico, Visitor, James Madison University, in his official and individual capacity; Ronald C. Devine, Visitor, James Madison University, in his official and individual capacity; Lois J. Forbes, Visitor, James Madison University, in her official and individual capacity; Charles H. Foster, Jr., Visitor, James Madison University, in his official and individual capacity; James Madison University; Stephen R. Leeolou, Visitor, James Madison University, in his official and individual capacity; Wharton B. Rivers, Jr., Visitor, James Madison University, in his official and individual capacity; Larry M. Rogers, Visitor, James Madison University, in his official and individual capacity; Linwood H. Rose, President, James Madison University, in his official and individual capacity; Judith Strickler, Visitor, James Madison University, in her official and individual capacity; Meredith Strohm Gunter, Rector, James Madison University, in her official and individual capacity; The Visitors of James Madison University; John Does, 1-200, in their official and/or individual capacity; John Doe, Entities 1-200; Vanessa M. Evans, Visitor, James Madison University, in her official and individual capacity; Joseph K. Funkhouser, II, Visitor, James Madison University, in his official and individual capacity; Elizabeth V. Lodal, Visitor, James Madison University, in her official and individual capacity; Fred D. Thompson, Jr., Visitor, James Madison University, in his official and individual capacity, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 8, 2011.


Attorney(s) appearing for the Case

ARGUED: Lawrence John Joseph , Washington, D.C., for Appellant. Thomas Mark Bondy , United States Department of Justice, Washington, D.C.; William Eugene Thro , Christopher Newport University, Newport News, Virginia, for Appellees. ON BRIEF: Douglas G. Schneebeck , Modrall Sperling, Albuquerque, New Mexico, for Appellant. Tony West , Assistant Attorney General, Timothy J. Heaphy , United States Attorney, Barbara C. Biddle , United States Department of Justice, Washington, D.C., for Federal Appellees. Kenneth T. Cuccinelli, II , Attorney General of Virginia, E. Duncan Getchell, Jr. , State Solicitor General, Stephen R. McCullough , Senior Appellate Counsel, Charles E. James, Jr. , Chief Deputy Attorney General, John F. Knight , University Counsel, Office of the Attorney General, Richmond, Virginia, for James Madison University Appellees.

Affirmed by published opinion. Judge DAVIS wrote the opinion, in which Judge GREGORY and Judge WYNN joined.


OPINION

DAVIS, Circuit Judge:

More than thirty years after Congress enacted a mandate for equal opportunity between the sexes in college athletics, this case reminds us that the realization of that congressional goal continues to pose myriad challenges to our nation's colleges and universities. Plaintiff-Appellant Equity in Athletics, Inc. (EIA), a membership organization comprised of student-athletes, coaches, parents, alumni, and fans, is a not-for-profit...

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