Bringing Back OHIO Track

Letter to Editor About New OU AD

2008-04-08T19:50:00.000-07:00

An open letter to Jim Schaus, the new athletic director at Ohio University, from alumbus Herb Fitzer:

Dear Mr. Schaus:

I read with interest the article in the Columbus Dispatch today about you taking the helm of the Ohio University athletic program. The part of the story about your aging parents struck a chord with me--my parents are aging as well--and I feel a sort of kinship with you, as do thousands of people with aging parents. I feel that there is a parallel to be drawn about aging parents and the stewardship of OU athletics.

You speaking lovingly about your concern for your mother alone with your ailing father--and how your move to Athens will bring you closer so you may help out with his care if need be--and I pray, as I pray daily for my own father's health that you never have to make an uncomfortable decision regarding the care of your father. You as am I, are your parent's legacy, they, as are my parents, are your history and tradition. You are to be commended for your concern and care for the folks that made you who you are today.

Ohio University also has a history and your legacy at your new position will be your stewardship of the athletic program. The decisions that you make at Ohio University, similar to the decisions that you make about your parent's health care, will profoundly affect the future of many young people who have the desire to pursue both an athletic and academic career at Ohio University. Where will you spend money--how will you spend money? And,how can you best use the resources of Ohio University and the taxpayers of Ohio in the most responsible and judicious manner?

There is no real need to delve into the storied tradition of the "minor" or "orphan" sports offered at Ohio University. There have been a multitude of All-Americans, Olympians and honored alumni from those sports. Ohio University's legacy in these sports is people like Stan Huntsman and Elmore Banton--who have made their mark both at Ohio University and away from their alma mater. The question for you, Mr. Schaus is whether the legacy of the student/athletes in these sports is relevant to the future of Ohio University? I know that you do not have a crystal ball, but how many Stan Huntsmans and Elmore Bantons, or maybe even people more outstanding than them, have been banished from your campus or will never visit your campus because you no longer offer men's track and field or swimming?

How many times in your life did your parents do without a "night out" or eat hamburger in order to allocate funds into something that you needed? Or did they have steak and tell you that the sports equipment or lab fee that you needed for school was someone else's problem? I will bet that it was the former, not the latter. So, my question to you Mr. Schaus, is this, will your stewardship of Ohio University be most similar to the loving, thoughtful way that you handle the care of your parents or will it be the "my way or the highway" style of your predecessor? The taxpayers of Ohio are waiting to see if Ohio University got a real leader or just another athletic director who will take care of football and basketball and continue the wasteful, wonton ways of Kirby Holcutt?

Sincerely, Herb Fitzer

OU has New AD. Is He Pro-Track?

2008-04-07T20:43:00.000-07:00

Ohio names Wichita State AD to head its athletics department

From the Athens News

April 7, 2008

Ohio University named a new athletics director this afternoon (Monday), hiring a man who held the same position for the past nine years at Wichita State University in Kansas. President Roderick J. McDavis announced the hiring of Jim Schaus, 47, as director of athletics at a press conference in the Convocation Center.

Schaus replaces Kirby Hocutt, who took the AD job at the University of Miami in Florida.

Since assuming control of the department July 1, 1999, according to an OU Athletics news release, “Schaus has reached the goal of making WSU one of the most competitive programs in the Missouri Valley Conference, a fact highlighted by WSU's four-straight MVC all-sports trophies. The four-straight awards were highlighted by a WSU record seven conference titles in 2005-06, as well as 20 Valley team titles in the last four years.”

The release continued in this vein, stating, “In addition, all Wichita State sports that sell tickets were ranked nationally in attendance during the past two years, which is undoubtedly a direct result of Schaus' efforts to upgrade institutional athletics facilities.”

In 2007, the release said, Wichita State won MVC team titles in women's cross country, women's indoor track and field, women's outdoor track and field, women's tennis and baseball. Nationally, men's basketball rose to a #8 national ranking, while the baseball team made its 25th NCAA Tournament appearance, playing host to an NCAA Super Regional for the first time since the format was restructured. Another highlight was the women's tennis team's first national ranking last season, while finishing the season 27-3, the most wins in school history.

“In order to create a solid foundation in his first year,” according to the release, “Schaus restructured the WSU athletics department in an effort to create a business-like atmosphere, and in the process hired five head coaches and five new administrators.” The department also completed the $7.8 million Eck Stadium-Home of Tyler Field project during his first year.

Schaus came to WSU with substantial background in athletics administration, with stints in collegiate athletics at Oregon, Cincinnati, Texas-El Paso and Northern Illinois.

In 1987, Schaus received his master's degree in athletics administration from West Virginia. In 1983, he earned his bachelor's degree from Purdue.

Hocutt is Out!

2008-02-07T17:51:00.000-08:00

As I predicted last year, Kirby Hocutt, the Athletic Director at OU, used his position as a stepping stone to get a better job outside of Appalachia. He wanted to improve the football and basketball teams at the university and student's expense to amplify his resume. Now, apparently he is seen as a viable option at a major university athletic department where their basketball and football teams are central - most likely the University of Miami.

With Hocutt on his way out the door, it is absolutely imperative that the Ohio University community, namely the student body, demand from President McDavis that Hocutt's successor will bring back Ohio track. This can be achieved through letters to the editors, letters to the OU administration, and most importantly resolutions from Student Senate and Graduate Student Senate.

Articles:
http://www.thepost.ohiou.edu/Articles/News/2008/02/07/22766/

Email President McDavis at mcdavis@ohio.edu
Email the Board of Trustees at trustees@ohio.edu
Email the President of Student Senate at senate@ohio.edu
Email the Student Senate listserv at everyone@mystudentsenate.com
Email the President of Graduate Student Senate at gss@ohio.edu
Email the Graduate Student Senate listserv at gss-l@ouvaxa.cats.ohiou.edu
Email AD Kirby Hocutt to tell him that you are glad that he is leaving at hocutt@ohio.edu

New RunOhio Editorial On OU Track

2008-01-22T16:42:00.000-08:00

KEEPING TRACK

Rod O'Donnell
January 2008
RunOhio

Ohio University Athletic Department's Worst Decision
January 25th will mark the first anniversary of one of the worst decisions that the Ohio University Athletic Department ever made - dropping the men's track and field program.

As I biked through the beautiful Ohio campus last summer and passed the track complex, a feeling of sadness and anger overcame me; sadness because the experience of thousands who were directly or indirectly involved with the program will never be duplicated by young men again, and sadness because, when a program is dropped, the acknowledgment of its very existence is lost. There is no mention of teams at Marshall or West Virginia on their respective school websites. As the years go by and those who competed are no longer here, the teams will be forgotten. In a generation or two, all victories, rewards, league championships, and All-Americans will be forgotten. Future generations will not even know that the sport existed unless they go into the archives. This is unfair to the men like Stan Huntsman, Elmore Banton, Les Carney, and many others who worked tirelessly as coaches or athletes to make Ohio University and its track and field program one of the best in America.

The pride of athletic alumni is strong. In a recent article in the Ohio publication, OHIO TODAY, former members of the baseball team met to remember and honor their late coach, Bob Wren, who symbolized everything good about Bobcat athletics. One alum put it this way, "When Coach Wren was around the golf outing, he used to say, 'You honor each other by being here.'" Unfortunately, former track team members will not have such opportunities. Young men throughout southern Ohio and the region will not experience the feeling of such pride.

In conflict with the feeling of sadness that I felt on that bike trip, I also felt a sense of anger towards those who made this unfortunate and devastating decision. The uncaring administrators who made the final call did not see the far- reaching consequences of their actions. This writer in a recent phone call from the university concerning fund raising repeated an example of a consequence of this action. In a calm, professional manner, I simply stated that I would never give another dime to Ohio University, unless the men's track program was reinstated. I hope others will join me in this action.

Sadly, as the years go by and the emotions soften, I fear that many will allow the memories to fade and their actions diminish. I am certain that this is exactly what the "executive branch" is counting on. Unfortunately, this trend has occurred at some schools that have experienced the loss of their programs.

The National Federation of State High School Associations recently released information concerning the number of participants in high school sports. According to this group, outdoor track has shown a six-year INCREASE of participants of 10.2%, with 544,188 boys taking part. According to the NFHS boy's track and field ranks third, behind football and basketball, in the number of student athletes participating in a high school sport. Also, there are more high schools that offer boy's track and field than football. Wouldn't you think that University administrators would reevaluate their misguided decision as they deny opportunities to a sport that spans all levels of diversity at state universities?

In closing, I would like to point out another example of the financial impact of dropping a sport. According to Bob Parks, the ultra successful former coach at Eastern Michigan University, the track team at Western Michigan, where he served as an assistant, had a roster of 100 young men, with 90% paying for their educations. That would be nearly one million dollars by today's standards. Ohio may not have had 100 on their roster, due to another bad idea, roster management, but the majority of those on their roster were paying for their tuition, room, board, and books. Many of these athletes would not have attended Ohio if it had not been for the track program.

If you care about our sport and its future, don't let the fight to bring back track and field at Ohio University, Bowling Green State University, University of Toledo, Western Michigan University, Ball State University, Marshall University, West Virginia University, or any other institution, end after the initial emotional reaction occurs. Track and Field, "The Mother of All Sports," has been in existence for thousands of years. Don't let poor decisions of a few individuals extinguish the flame.

Yours in track,

Rod O'Donnell

Editor's note: Rod O'Donnell has served as the head cross- country coach and track and field coach at both Caldwell and Hudson High Schools. He has also led teams from Kent State, Marshall University, and Rio Grande College. In 13 years of coaching high school cross-country, Rod has coached seven District Championship teams, and four Regional Champion teams. He has had eight State Meet appearances where his teams have placed 14th, 8th, 7th, 5th, 10th, 2,nd with two first place finishes. In addition, one of his runners, Wesley Smith was the 2002 State Champion and Footlocker runner-up. While at Hudson, Coach O'Donnell has had 17 State Meet qualifiers as well as the State Meet Champion in both the 3200 M. and 1600 M.

While at Kent State, he was named MAC Coach of the Year twice. Rod had 27 NCAA qualifiers in track and cross-country and 11 All-Americans. At Marshall, Rod was also named Coach of the Year twice in the Southern Conference. His teams had 25 Conference Champions and three NCAA qualifiers. He started the women's cross-country program at Marshall, in addition to starting the cross-country program at Caldwell High School in 1971. In 1973, his team won the State Championship and had a dual record for three years of 38-0. Overall, Coach O'Donnell has a high school dual record in track of 71-21 and 81-6 in cross-country.

Rod is always willing to help others in the field, and he has written many articles and has spoken at many clinics, encouraging others to given back to the sport.

Editor's note: Articles on Ohio University and other Mid American Conference universities dropping Men's Track and Field:

Bringing Back OHIO Track web site: http://bringin gbackohiotrack.blogspot.com

Help Save Track and Field in the MAC http://www.runohio.com/news/03-14- 07Ohio_U.html

Ohio University Men's Track and Field http://www.runohio.com/news/03-12- 07Ohio_U_Track.html

Track & Field coaches, athletes and friends Please get involved to SAVE TRACK & FIELD - http://www.runohio.com/news/01-31- 07_Save_track.html

Ohio University the latest to Drop Men's Track and Field http://www.runohio.com/news/01-26-07.html

Keeping Track - http://www.runohio.com/news/03-30- 07Keeping_track7.html

Keeping Track - http://www.runohio.com/news/10-23- 06Keeping_track.html

Will Ohio Track and Field be Saved? http://www.runohio.com/news/05-09-07-OU.html

Bringing Back Ohio Track Billboard on Rt. 33 in Athens

2007-12-15T11:28:00.001-08:00

The community of student-athletes, alumni, coaches, former coaches, family members, and Track fans came together to send a strong, public message to the Ohio University administration. The message is on a 16' x 8' billboard along Rt. 33 in Athens, Ohio.

Note: If anyone has taken a photo of the billboard, please email it to one of us. Thanks.

Letter to Post

2007-12-15T11:16:00.000-08:00

Your Turn: OU student-athletes are ‘last to be informed, first to be ignored’

Published Thursday, October 25, 2007.

We were amused to read that the editors of The Post have declared the OU sports cut saga to be “Done. Ended. Finished. Kaput.” Posties, it seems you have missed most of the story about OU’s sports cuts since day one.

First of all, our lawsuit against Ohio University and the U.S. Department of Education has yet to be filed. Our attorneys from EIA (Equity in Athletics) are currently working on the JMU (James Madison University) lawsuit in the 4th District Circuit Court in Virginia. Our lawsuit will be filed sometime later this year in the 6th District Circuit Court (Ohio and Michigan).

Concerning the Office of Civil Rights’ recent rejection of the complaints filed by the cut men’s teams — we harbored little hope that these would succeed. It was primarily a cost-free avenue for us to let the U.S. Dept. of Education know that there was a problem with the proportionality prong of the three-part test of Title IX compliance and that it needs fixed.

But what is most disturbing is that most people (including the media) seem to have no clue that the good intentions of the Title IX proportionality prong are being perverted by nefarious collegiate athletic administrators as a method of “strategically reallocating” funds into revenue-producing sports. More specifically, men’s Olympic sports - which typically produce little revenue - are frequently being cut as camouflage to hide even more aggressive cuts to women’s athletics. So long as more male sports and participants are cut than female, it seems to the general public that men’s athletics are taking the greater loss to comply with Title IX. This disingenuous little ploy has developed into an alarming national trend that NCAA President, Dr. Myles Brand, is fully aware of. In a recent edition of ESPN’s Outside The Lines, he expressed his dismay with universities that act in such manner. Coincidence or not, his interview includes a clip of the Ohio football team in action. The ESPN pod cast of this OTL segment may be viewed at the following website: http://sports.espn.go.com/broadband/ivp/index?id=2914881

The Ohio University sports cuts appear to be a textbook example of this trend. From public records we obtained from the OU athletic department, it appears that the OU saved over $450,000 by cutting one women’s sport, but saved less than $20,000 by cutting three men’s sports. The net result is a loss of about 2 percent of the overall OU athletic department budget for women’s athletics. In terms of athletic financial assistance for student-athletes, women lost 12 full scholarships (all from lacrosse) and men lost 1.8 scholarships (all from Men’s Swimming & Diving). This is a net loss of over $200,000 annually in scholarship money dedicated for women only. And of the four coaches who lost their jobs, two full-time and two GAs, three were women - two full-time coaches and one GA. Does this sound like a victory for Title IX? Has anyone at The Post contacted Donna Lopiano of the Women’s Sports Foundation to ask her opinion of OU’s sports cuts? Perhaps The Post editors should also check to see if there are any OCR complaints filed by female athletes at OU!

Perhaps the worst part is that the OU athletic department’s financial woes will continue. The department has incurred an annual debt of around $1.2 million each of the last few years. The total amount saved through the sports cut is less than half of this amount annually. The athletic department will most likely continue to incur annual debts of around $700,000 - $800,000. “Tough decisions” needed to be made — unfortunately, they weren’t. In May of 2006, Lamar Daniel assessed the OU athletic department for Title IX compliance. OU Athletic Director Kirby Hocutt referred to Mr. Daniels as “an expert, a man who spent over twenty years in the Office of Civil Rights,” but Mr. Daniel’s recommendations as to which sports to cut in order to save money and comply with Title IX weren’t followed. That lack of courage leaves the department begging for more student fee money and forces the football players to suffer injuries at the hands of BCS teams while playing more “money games” to keep the department afloat.

It’s unfortunate that student-athletes are just pawns in the collegiate athletics game, last to be informed, first to be ignored. Their input means little to college presidents and athletic administrators whom have abandoned an educational model for leading their institutions and replaced it with a business model. But it is for the student-athletes’ sake that our struggle will continue well into the future. In the words of a good friend, “Fighting for what’s right is never wrong.”

Done? Ended? Finished? Kaput? I think not!

Patrick Eaton writes from Uniontown, Ohio.

XC Team Rebuttal Letter to the Editor

2007-09-30T09:19:00.000-07:00

BTW: All of these "rebuttals" are to the Post editorial

Cross country team speaks up about administration’s sports cuts

Published Thursday, September 27, 2007.

Ignorance. Naivety. Robotic. Unprofessional. Those are just a few words that come to mind after reading Tuesday’s editorial in The Post. One of the golden rules of journalism is to report the entire story. However, over the past eight months, The Post and its writers have repeatedly been nothing but a voice/puppet for the administration. Where has investigative journalism gone? You would think that the students who are being educated at a school so well-respected for its journalism program would have the urge to question some of the decisions made by the Ohio University administration. Keep in mind that this is the same administration that employed someone responsible for embezzling $31,000 while simultaneously explaining OU’s budgetary problems to its athletes. Instead, The Post, much like the administration, would rather sweep the whole ordeal under the proverbial rug and act as though it never happened.

Not only have The Post writers merely reported the “facts” given to them by the administration, but they, along with the suits in the Convo, have failed to grasp the intricacies of how the cuts would affect those athletes who still remain here; that is something that we runners have grown accustomed to. We were told that our experience would improve, but we continue to wonder when we will be treated like real Division I athletes.

Too many people have claimed that they understand the reasons behind the decisions made, but in reality they know very little. In light of this, what gives The Post the right to tell us when to end our fight or when to tell us to stop being bitter?
The OCR’s (Office for Civil Rights) initial finding does not put a close to this issue. Appeals will be filed and new information that has been discovered since the initial complaint was filed will be unveiled. There is also an ongoing investigation that OU did violate Title IX and discriminated against women; that OCR complaint is still open.

This is an issue that we will not let die. You will continue to see us around campus wearing our t-shirts, and we will continue to fight to get our track team back. The mentality of a distance runner is unwavering and undeterred by small setbacks; we never give up. Our efforts to reinstate the men’s program will continue long after Mr. McDavis and Mr. Hocutt have left Ohio; we just hope that is sooner rather than later.

Trials of Miles, Miles of Trials.

More Rebuttal Points from Women Alumni on the Current Situation

2007-09-29T19:37:00.000-07:00

* The discrimination occurred during the summer class sessions of June and July, 2007 at Ohio University as well as during the summer class sessions of 2006.

* Ohio University Athletic Department is the discriminating party, which includes Kirby Hocutt (AD), Amy Dean (Senior Assoc. AD, and Robert Andrey (Assoc. AD of Bus. Operations)

* Allowing a head count bias to exist for the ‘major’ or ‘most important sports’ (i.e. – football, basketball, and volleyball) for summer school athletic aid has resulted in a violation 34 C.F.R. Section 106.37 (c). Male varsity athletes have received a disproportionately higher amount of summer school athletic aid than female varsity athletes at Ohio University.

* Witnesses would include women’s student athletes in ‘minor’ sports at Ohio University for the 2007-08 year.

* We believe the discrimination is based on sex because the the Ohio University Athletic Dept. does not want to pay for summer school athletic aid for a significant number of female athletes – but is eager to pay for the entire football team.

Remedy: Eliminate the head count bias created by football that allows far more access to summer school athletic aid for male athletes than for female athletes. Also: require the Ohio Athletic Department to have a representative speak to each women’s athletic team about the availability of summer school opportunities each spring.

Rebuttal Letter from Track/CC Alumni

2007-09-29T19:28:00.000-07:00

I disagree with a recent letter concerning what ails the OU Athletic Department.
What ails OU Athletics is symptomatic of what ails most Division I collegiate athletic departments, not to mention our country as a whole these days. And that is the sense of entitlement and ‘I deserve better’ attitude that so many coaches, administrators, and some athletic supporters have. The common denominator in all this is money. It’s always ‘show me the money’ or ‘we need more money’ to be successful. And if success comes, it’s always ‘we need more money to continue being successful’. Where are the moral limits in such spending? It seems to me that the OU Athletic Department has become a run-away freight train fueled by special interest.

The bottom line is that Ohio’s sports cuts decision has significantly decreased the opportunity for local student-athletes and minorities to receive educational value and potentially earn scholarship money to attend college via sports like track and field. Track and field is the third most popular sport in Ohio (and the nation) in terms of participation levels. And anyone who read the sports pages of their local papers during the last few months probably noticed numerous photos and articles of the diverse group of students participating as track and field athletes. During the past five years there have been sixteen athletes from local schools (within half an hour drive) on the OU Track & Field team, and five of these students were from Athens County and received athletic-scholarship money. That’s as much as all the other sport teams combined! Who would want that kind of opportunity to be denied of the local students in future generations? Not only are many of the track athletes of local origin, but some of the coaches are as well. Of the two current part-time coaches for the women’s (and former men’s) track team one is a graduate of Vinton County High School, and the other coach serves as a junior high math teacher for Trimble Local School District. Both of these coaches are paid around $10,000 per year (less than the $12,000 bonus paid to the Head Football Coach for winning the MAC East Division!) but yet do a great job serving as “full-time” coaches.

Perhaps it’s time to ‘down-size’ or ‘right-size’ the men’s football and basketball teams to save money and produce success! Did any OU administrators consider that idea? A coach or athlete who cares more about money than about the love of the game and community will never be truly successful. Big-shot coaches and administrators now-a-days have no vested interest in their local communities. They all anticipate moving on to higher paying jobs at other universities the first chance they get, or threatening to leave their school if they don’t get a hefty raise for a good season. Playing the ‘money game’ in regards to retaining quality coaches is a game that OU is never going to win. The funds are going to be inadequate no matter how many sports you cut and the demographics to substantially increase those funds simply aren’t there. There are great coaches out there who aren’t expensive, but it takes intelligence and skill to find them.

In other words, not big-shots, just coaches with great knowledge of the fundamentals of their sport and who have had success with limited resources at the NCAA Division II or III, or even high school level. More importantly is that these coaches provide educational value to their athletes and don’t feel ‘trapped’ in Athens or at Ohio University. They need to truly love the local communities, the people in them, and the school, not just say that they do - until the next better job comes along!

Post: OU Athletic funding for football tops other MAC schools

2007-08-26T15:41:00.000-07:00

YourTurn: OU Athletic funding for football tops other MAC schools

Published Thursday, August 9, 2007

I would like to disagree with the assertion that Ohio University athletics needs more money to attract quality athletes and coaches, presumably allowing the athletic department to rekindle the success it had during the 1960s.

Thanks to the Equity in Athletics Disclosure Act, all universities are now federally required to submit a yearly report of their athletic revenues and expenses for each sport offered by a university. The public can review this information at: http://ope.ed.gov/athletics/InstDetail.asp

According to this Web site OU spent $22,964 per male basketball athlete during the 2005-06 school year. This is more than what someone earning $11 an hour, working forty-hour weeks, makes in a year. The football team spent $10,117 per athlete for 2005-06. What’s remarkable is that these amounts do not include the students' athletic scholarships.

It also does not take into account their coaches’ salaries. It also does not take into account the salaries of athletic department administrators, academic compliance coordinators, athletic trainers or any other support staff such as secretarial, strength and conditioning, equipment, and facilities/grounds staff. Nor does it take into account the supplies and operating expenses the support staff used directly for athletics.

Although it is difficult to determine an exact amount on such a figure, it appears the yearly amount spent on a male basketball or football athlete at OU could be more than $50,000 — possibly more than $100,000.

And wouldn’t it be nice to go to Hawaii to compete, like the OU golf team did at the Kauai Invitational this past year? The EADA information also reveals that the OU women’s volleyball team’s operating expenses were almost twice the MAC average and that the operating expenses for Ohio Football during the 2005-06 school year were more than the operating expenses for the entire men’s sports program — six sports — offered at Central Michigan University. Ironically CMU was the team that beat OU for the MAC title last December.

Yet OU administrators had the audacity to cut a sport like men’s track and field, with yearly operating expenses of $491 per male athlete, so the athletes and coaches of these other teams could have more. Try telling that to track-and-field team member Eric Bildstein, who spent a year and a half rehabilitating for the 2007 track season after his Humvee hit a roadside bomb while he was in Iraq. Bildstein serves in the Marine reserves.

I would say that OU athletes in the major sports were already receiving a “high-quality student-athlete experience,” and if staying in less than superior quality hotels is the worst thing they ever experience in their lives they can consider themselves blessed!

Drew Frum is a former track athlete who writes from Youngstown, Ohio

ESPN Covers Title IX Problem, JMU

2007-08-15T08:35:00.000-07:00

ESPN ran a short segment on the impact of Title IX on Olympic sports. The video covers JMU's situation, where Equity in Athletics is suing the university and U.S. Department of Education.

Click here to watch it.

ANews Letter from Captain Kemp

2007-07-11T19:24:00.000-07:00

From the Athens News:

Letter: Local businessman should learn more about sports cuts before sounding off

Monday, July 9th, 2007

I was the very fortunate recipient of a copy of a recent letter to the editor that was published in The Athens NEWS.

It was written by long-time Athens resident and businessman John Wharton, on the Ohio athletic department cuts that have affected so many current students, as well as alumni, of our great Ohio University.

As a former student-athlete, and now NCAA track and field coach, I was appalled at Mr. Wharton's stance. For him to refer to the cuts as "tough but fair" reveals his lack of knowledge on the issue.

He stated that Ohio must concentrate its efforts on bettering athletic experience for the student-athletes that were retained, and that the funding should go to training and academic facilities, among other places.

What Mr. Wharton failed to mention is that over one million dollars was put into renovating all of these facilities over two years ago. They were already benefiting the student-athletes that lost their so-called better "experiences."

He spouts off nonsense about Title IX and aspirations of competing at an elite level.

Ask the women's lacrosse team, which no longer exists, how they feel about the Title IX compliance.

Ask the head coach of track and field if he feels that the meager $15,000 that was saved by cutting the men's track team will be enough to put the rest of the programs at Ohio onto that "elite level" about which Mr. Wharton thinks he's talking.

After looking at the facts surrounding this incident, it is obvious to those of us involved with this business that the people holding the axe at Ohio do not understand the term "elite."

The cutting of these sports is an absolute sham that was not well thought out, and is barely a temporary solution for a permanent problem. President McDavis, Mr. Hocutt, and now Mr. Wharton should all be ashamed of themselves for supporting such poor athletic administrative actions.

Mr. Wharton should speak with some of those affected by these cuts, and gain some knowledge on the issue, before jumping to the aid of the Ohio administration.

Then maybe he can print a retraction of his letter with an apology to the real Ohio community that can see these cuts for what they really represent: a futile attempt at being "tough but fair."

Justin A. Kempe (former OU track and field athlete)

Duke University

Durham, N.C.

EIA Lawsuit in Chronicle of Higher Education

2007-06-19T08:30:00.000-07:00

June 12, 2007
Lawsuit Seeking to Overturn Title IX Rules Expanded to Include James Madison U.

An advocacy group called Equity in Athletics Inc. sued the U.S.
Department of Education in March, and last week it announced it would add James Madison University, its Board of Visitors, its president, and its athletics director to the lawsuit.

The group argues that the department’s regulations that allowed James Madison to comply with federal gender-equity law by eliminating 10 sports teams (seven of them men’s) are “unconstitutional.” The three-part test for compliance with Title IX of the Education Amendments of 1972 — the landmark gender-equity law typically invoked to open up athletics opportunities for women — discriminates against men and should be abolished, the group says.

Equity in Athletics had asked James Madison to postpone the cuts pending the outcome of the lawsuit. University officials declined. So the advocacy group decided to sue them, too.

“We regret that JMU has left us no choice but litigation,” the group’s president, John Licata, said in a written statement.

The amended lawsuit alleges that the cuts violate not only the Constitution’s equal-protection clause but also the Virginia Human Rights Act and other state laws. Similar lawsuits have proved unsuccessful, but gender-equity advocates worry that this case might find a sympathetic court. —Sara Lipka

There are also comments on this article here.

Former Track Coaches to Meet with Hocutt

2007-06-13T16:58:00.000-07:00

Former OU Track Coaches Stan Huntsman and Elmore Banton, and I believe maybe one more former coach, are meeting with AD Kirby Hocutt this Friday. As soon as I hear something on their progress I will let everyone know.

Great Article in Athens News on How OU is Losing Money by Cutting Men's Track

2007-06-04T10:56:00.000-07:00

Letter: Did cutting track and field really save the university money?

By Garrett Downing
Athens News Campus Reporter
Monday, June 4th, 2007

Over four months have passed since Ohio University decided to discontinue four varsity sports at the end of their 2007 campaigns, but those affected by the cuts are continuing to challenge the university's rationale for the unpopular cuts.

They say that contrary to the university's position, cutting some of the sports came only because of the need to comply with the Title IX gender-equity legislation, and did not save the university any money.

"It all boils down to Title IX for this sport," assistant track coach Mitch Bentley maintained.

Athletics Director Kirby Hocutt, however, said that eliminating women's lacrosse, men's indoor and outdoor track and field, and men's swimming and diving was necessary to address growing financial concerns within the department and also bring the university into compliance with federal Title IX provisions.

Hocutt acknowledged that the need to comply with Title IX did factor into the decision of which sports to cut, but the finances were the top concern.

"When you get down to it, this is a financial issue," Hocutt said. "If Title IX was not an issue, we would have still been in a position to discontinue athletic programs because of the financial state of our department."

Hocutt confirmed, however, that some of the real savings are coming from avoiding the significant investment needed to improve the quality of experience for the three men's sports. In other words, the university is saving money by not having to proceed with necessary and costly improvements in the sports.

While the OU administration said that the sports cuts have helped shrink the department's deficit, some are arguing that eliminating the men's sports is actually costing the university money.

With the track program, the department is saving no scholarship money because all of the scholarships are being retained by men's cross-country. The current system distributes scholarships between indoor/outdoor track and field and cross-country.

(The cross-country team is retaining all five scholarships, which is the maximum number of scholarships allowed by the NCAA, Hocutt said.)

Men's swimming and diving had very few scholarships to work with because the program was on a freeze with scholarships. Last season, it did not even sponsor two full scholarships.

The track-and-field and swimming-and-diving coaches will remain on staff to coach the women's programs, which results in no salary savings for coaching personnel. While eliminating the men's sports did remove the operating expenses, track and field has one of the lowest budgets of any college sport.

Also, by cutting the programs, the athletics department forgoes some of the Sports Sponsorship grants awarded by the NCAA.

The NCAA awards the university $22,000 for each sport that it sponsors above 14. Eliminating four sports results in annual lost revenue of $88,000. Records show that the university received $156,862 from the NCAA last July for the seven sports above 14.

Hocutt and Rob Andrey, associate athletic director for associate and internal operations, acknowledged that the financial savings for track and field and swimming and diving were not the key components of the cuts, but only part of a larger solution.

"Is the financial savings on the elimination of men's track and field significant? No it's not," Hocutt said "But the financial investment required was going to be very significant to get men's track and field to a level where it needed to be." Hocutt also said that eliminating the sports would improve the overall athletic experience for the sports that the university continues to sponsor.

Those affected by the cuts, however, are still waiting to see if the experience improves.

"I have been told it is going to (improve), and that is something we certainly expect to happen," head swimming and diving coach Greg Werner said. "It is interesting that we talk about improving our environment, yet the decision absolutely has worsened our environment in some aspects."

Werner noted that removing the men from the swimming-and-diving team has hurt the training atmosphere and the support system.

The majority of the financial savings came with the elimination of the women's lacrosse program. The athletics department identified lacrosse early in the process because of the significant savings of cutting the program, Hocutt said.

The department saved money by eliminating the 12 scholarships and the coaches' salaries of the lacrosse team. Also, the Mid-American Conference does not sponsor women's lacrosse, which made for a more expensive travel budget.

Because nearly all of the savings came from lacrosse, some people have argued that cutting the men's sports came only on the grounds of the proportionality clause of Title IX.

In order to comply with Title IX mandates, the athletics department must satisfy a three-pronged test, doing one of the following: 1. The number of student athletes must be proportionate to the male-to-female ratio of the student body. 2. Demonstrate a history of adding women's programs. 3. Satisfy the interests and abilities of women.

The department realized that it was not in compliance with the law, and needed to add another women's sport, or cut some men's sports. Due to the financial situation, adding sports was not feasible, and they had to resort to cuts, Hocutt said.

Men's track and field has been a target of sports cuts around the country partly because the male athletes of indoor and outdoor track count twice when counting total athletes (once for indoor and once for outdoor) for the purpose of Title IX compliance.

Deciding to cut men's sports to comply with Title IX, even without significant financial savings, proves that the law needs to be re-examined, Bentley said.

Hocutt said that the cuts, along with the addition of new policies within the department--such as increasing revenue -- will place the department in a much better financial situation in years to come. The department plans to operate with at least a balanced budget, if not a surplus, by 2011, Andrey said.

Newsweek Covers EIA Lawsuit Against U.S. Dept. of Ed

2007-05-21T20:16:00.000-07:00

School Athletics: Is Title IX Fair?
While federal law made sports more accessible to women, critics charge it works against male athletes.

By Alexandra Gekas
Newsweek

May 20, 2007 - In 1972, Title IX of the Education Amendments was made law. It requires that "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance,” giving equal opportunity to women in school activities for the first time. But while Title IX opened doors for women in all arenas of the educational system, it was taken most literally when applied to athletics programs. Requiring that schools have an equal number of male and female players, whatever the proportion of interest, forced some schools to cut back on male athletics programs, like at James Madison University in Harrisonburg, Va., which is being added to a suit against the U.S. Department of Education by Equity in Athletics Inc., after the university announced it will permanently cut 10 men's teams to comply with anti-sex-discrimination laws. NEWSWEEK’s Alexandra Gekas spoke with Jessica Gavora, vice president for policy of The College Sports Council and author of “Tilting the Playing Field” about the arguments against Title IX.

NEWSWEEK: You have spoken out critically against Title IX. I assume you are not against women being able to play sports, so what is it that you are opposed to?

Jessica Gavora: I am not against Title IX, I am only against what it has become through its implementation. The law has been hijacked and has put government into the role of coercing schools to make it look like men and women are participating in athletics at the same rate. Doing a proportionality test forces schools to manipulate their rosters to make the gender ratios match that of the student body. And this is hard for lots of schools to do. Men and women don’t turn out to play sports at the same rate. They don’t show the same interest in sports, not to mention that these colleges and universities are increasingly female so schools end up having to make that gender ratio match. They end up cutting their men’s teams and limiting the size of the teams that do exist to make it look like men and women are equally participating in sports.

Do you advocate getting rid of Title IX?

I do think we still need title IX. I think that everybody in our educational institutions deserves protection against sex discrimination. I think that’s an important part of equality in this country. But we need to change the way we are judging schools. They need to be able to offer sports on the basis of student interest. That’s why we applauded the student interest survey, [which surveyed the student body based on interest in athletics, allowing for representative sports teams] because right now we have this very arbitrary numerical formula that we are applying and it’s hurting athletes. Not just male athletes, but female athletes on small roster squads. Women who play smaller roster sports don’t get the same opportunity.

What do you think needs to be changed in Title IX to make it work better?

This is the real sticking point right now; it’s the only area that needs improvement. Title IX speaks to lots of things, equal facilities, practice times and all these other comparisons for complying with the law that are perfectly fine. It’s this participation question. How do we decide what’s fair when we’re segregating our athletics by sex? This is the only controversial question with Title IX as far as I’m concerned and it needs to be settled with an interest survey. Women today are aware of their options, they’re very athletic; they know what they want to do. They should be able to say what they want to do. We don’t apply this same test, [which requires the gender ratio of athletics to match the gender ratio of the student body] to any other area of education. We don’t apply it to engineering, and I would probably say it’s more important that we have more female engineers than female equestrians.

What do the people on the other side of the issue argue?

The people on the other side of this believe that it isn’t the role of the university to accommodate the interests of women; they believe it’s the role of the university to create interest. They believe it is the role of the university to educate women on how athletic they are.

What do female athletes say?

I know that I’ve heard from lots of female athletes who are starting to say that this law has outlived its purpose. They don’t understand what this law means because they’re seeing it limit the opportunities of the men they travel and train with and who make them better athletes. And they think it’s insane. There’s a big generational divide here. Some of the women who are of the “if you build it they will com”’ mentality are older women and they lived at a time and went to college at a time when women were being given the short end of the stick in a major way. But these women today have had a very different experience and they don’t agree with what this law is doing to their male colleagues.

Is it a financial issue? Are schools trying to allocate funding and cutting teams because they can’t afford them all?

It is not a financial issue. The formula for compliance, the proportionality does not say that schools have to spend an equal amount of money on the boys and the girls. It’s a body count quota. It says 55 percent of your athletes have to be women if 55 percent of your student body is women. So we see schools practice what they call “roster management,” which means they limit the size of the men’s team. They turn away male walk-ons who don’t cost them money, who don’t travel with them and who just want to play. They turn them away because of the body count quota. Time after time we see schools eliminate a team and alumni come forward and say they will pay for the team and the school will say no because they can’t have the male bodies on their rosters.

What about the big-money sports, like college football teams, that have 80 players when they only really need 30. Do you think they are taking up spaces for smaller men’s sports?

Some people like to say it’s all football, because schools are spending all their money on football teams, but that’s not what this is about. Those football players aren’t taking any opportunities away from females. The money they spend on football is not the reason they can only have 15 guys on their baseball team, when if they took their walk-ons they could have 50. Women don’t come out and play for the team without scholarships the way men do. Women have a lot more things they want to do. Look at the gender balance for every extracurricular activity and they’re all dominated by women, except sports. Women have more diverse interests; men are more maniacally interested in sports. Some people say that’s gender heresy but I don’t think that’s a bad thing.

This mostly applies to college sports, but how is it relevant to high schools?
This proportionality has so far been pretty much confined to colleges and universities and it would really be a tragedy if it were applied to high schools. Like I said, look at who’s doing what extracurricular activity in high schools and then tell me we need to force equality of participation in sports. You’re going to hurt a lot of boys because a lot of girls are busy after school doing other things, so I think it would be terrible if we expanded this to high schools.

URL: http://www.msnbc.msn.com/id/18758554/site/newsweek/

Good Article on the Title IX Crisis

2007-05-20T19:04:00.000-07:00

The Title IX Crisis: Leadership Needed from Ueberroth and Masback

By James Dunaway

Spring 2007

Yes, you, Peter Ueberroth, and you, Craig Masback.

In the past 30-odd years, the very admirable idea of Title IX has been twisted into a form that threatens the future of the United States' performance in the Olympic Games.

Since the enactment of Title IX in 1972, and the bureaucratic promulgation of "guidelines" which have gradually hardened into fiat law, university after university has dropped participation in a number of men's varsity sports, citing Title IX as the reason.

The worst hits have been taken by men's wrestling and gymnastics. More than 400 collegiate wrestling teams have been discontinued, and according to the NCAA only 17 Division One men's gymnastics programs are still competing. Seventeen!

Track and field and swimming have also been hard hit. Among the men's swimming programs dropped are UCLA and Miami, which between them have produced 27 Olympic medals. The scores of major discontinued men's track programs include Southern Methodist, Bowling Green, West Virginia, Western Michigan--and most recently Ohio University and James Madison.

Since 1896, United States athletes have won a total of 2,089 Olympic medals. More than ha1f, 1,095, have been won by male athletes in just four sports--men's track and field (605 medals), men's gymnastics (58), men's swimming and diving (316), and wrestling (116)--the very sports that have suffered the most from the restructuring of collegiate sports brought about by the current Title IX "rules." If that isn't a crisis for the USOC, what is? Where is the USOC going to be if the four sports that have won 52.4% of all U.S. Olympic medals go out of business?

The James Madison announcement brought a strong reaction from Equity in Athletics, a non-profit organization which seeks to change the rules which universities say is the reason why so many men's programs have been chopped.

Equity in Athletics is doing something about the crisis--suing the U.S. Department of Education to get those rules changed.

I believe that you, Peter Ueberroth, and you, Craig Masback should be doing something, too.

First, you and the leaders of every NGB involved with an Olympic sport must recognize that this is a crisis. Get it off the back burner and start thinking about ways to solve the problem.

Second, USOC and USATF should take an interest in the Equity in Athletics lawsuit. EIA has taken a different legal route from the prior Title IX cases that have failed, and the USOC and all the NGBs ought to have their lawyers study the approach EIA has taken and file strongly supportive amicus curiae briefs.

If you don't do something about Title IX, it sure as hell will do something about you. -- James Dunaway

EIA Op-Ed in USA Today

2007-05-08T06:38:00.000-07:00

EIA is the organization suing the U.S. Department of Education, James Madison U., and Ohio University over illegal enforcement of the proportionality rule, established in 1996, that does not have legal merit.

Repeal unwise standards

By Larry Joseph Mon May 7, 6:37 AM ET

With controversial subjects such as Title IX in sports, it is worth noting areas of wide agreement, which give perspective to the narrow dispute. Title IX's athletics regulations have three components: scholarships; other benefits, such as facilities; and which sports to field. There is no dispute over scholarships and other benefits.

Within the third component, no one disputes regulations adopted in 1975 requiring schools to equally accommodate the interests of both genders. Everyone is for "equal." But we disagree on what it means. The dispute centers on whether schools must provide equal opportunity, based on interest (the 1975 standard) or equal participation in proportion to their overall ratio of men to women (a standard adopted in the 1996).

Under the 1975 standard, schools would not dream of cutting, say, men's track but not women's if there was interest in the sport among both genders. Indeed, the Ford administration adopted that standard to prohibit schools from supporting a team for only one gender when both genders showed interest. That standard applied equally to sports traditionally played by only one gender. If a school fielded sports played predominantly by men, such as wrestling, it would also field sports played predominantly by women, such as field hockey. And vice versa.

The 1975 standard drove the tremendous growth in women's sports, and no one proposes its repeal.

Under the 1996 standard, however, schools that already meet the 1975 standard nonetheless feel compelled to cut down to enrollment proportionality. Increasingly, those cuts include small-roster women's programs such as gymnastics and tennis. Dishearteningly, such schools could keep their existing programs, but for proportionality's pressure to produce equal results, something neither required nor allowed in other areas such as nursing, dance or math.

Even when schools cut teams for purely financial reasons, proportionality exacerbates the cuts and targets men and small-roster women's teams. And schools often refuse alumni offers fully to endow teams cut for "financial" reasons. The proportionality requirement is to blame, and its repeal is essential to equity and athletics.

Larry Joseph is a counsel to Equity in Athletics Inc., a non-profit group suing the Education Department over the interpretation of Title IX.

OU track bids adieu

2007-05-07T10:40:00.001-07:00

OU track bids adieu

From staff reports

The Ohio University track and field teams finished its existence at home over the weekend with a bang, winning 24 events to close the door on the track and field program. Ohio's participation in the Ohio Open was the last home meet before the program is cut and served as preparation for the Mid-American Conference Outdoor Track and Field Championships in Oxford on May 10-12th.

The Bobcats saw three athletes make NCAA regional provisional marks in throwing events. Eric Bildstein threw the hammer 55.97m, Chelsea Stephan tossed the javelin 44.71m and Bahiyjaui Allen launched the shot put 14.5m. All were good for first place in the respective events. The women had an abundance of success with 11 first-place awards earned. Chanelle Harmon took first in the 100m and 200m dashes while Kari Summers owned the 800m dash with a time of 2:20.41. Anne Beecham finished the 1500m race in 4:55.08, Melissa Wiley won the 100m hurdles at 14.87 and Bahiyjaui Allen won the discuss toss as well as the shot put. Chelsea Stephan's javelin and Jessica Tanner's hammer throw of 164-08 rounded out the top honors.

For the men, Scott Mayle was a quadruple-crown winner in the 100m and 4x100, high jump and long jump. Mayle dominated the 100m dash with a time of 10.88, leapt 6-06.75 on the high jump and bounded 23-09.00 in the long jump competition. Mayle also anchored the 4x100 relay team that took first place. Eric Bildstein tripled his luck with a first place finish in the discus (164-07.00), hammer throw (183-07.00) and javelin (186-11.00).

Logan Singleton won the 5000m race, Dan Bailey was first in the triple-jump (45-05.75), Austin Schiele won the 1500m race (3:56.13) and Curtis Leuenberger was first in the 200m race (21.67). Brad Hershey won the shot put competition with a throw of 48-01.75 and the Bobcat relay team won the 4x100m and 4x400m relay races.

Ohio men shine in final home meet

2007-05-07T10:27:00.000-07:00

Track & Field: Ohio men shine in final home meet

’Cats save the best for last, win 13 events with high emotions
Jason Fazzone / Assistant Sports Editor / jf104004@ohiou.edu

With arms draped over each other’s shoulders, members of the Ohio men’s track and field team took one last victory lap around Goldsberry Track, bowing collectively when they reached the finish line.

Saturday’s Ohio Open was the last regular season home meet for the team, and the emotions were high.

“Being the last time at home, it pulls on you pretty hard,” coach Clay Calkins said.

The Bobcat men appeared to save the best for last, winning 13 events and providing a storybook ending by taking first place in the 4x400-meter relay, the final race of the day.

“It was important to us,” Dan Bailey, who was part of that relay team, said. “It was the last men’s relay team at Ohio University to compete at a home meet, and ending it on top — it doesn’t get any better than that.”

Scott Mayle won three individual events — the 100-meter dash, the high jump and the long jump — and the senior anchored the 4x100-meter relay team that finished first.

Fellow senior Eric Bildstein won three events as well, taking the discus, hammer throw and javelin competitions. Bildstein’s mark of 55.97 meters in the hammer throw qualified him for NCAA regionals.

Bildstein was one of three Bobcats to meet the regional provisional mark Saturday. Women’s team members Chelsea Stephan qualified in the javelin with a throw of 44.71 meters, and Bahiyjuai Allen made the mark in the shot put with a throw of 14.50 meters.

“Everybody did better than expected today,” Calkins said. “We had three regional qualifiers in the throws today, which is good to see. Any time you hit those kinds of marks, you know you’re doing the right things.”

Five other members of the men’s team won their respective individual events, including Bailey’s victory in the triple jump, Curtis Leuenberger’s win in the 200-meter run and Austin Schiele’s first place finish in the 1,500-meter run.

One last run for men's track

2007-05-07T10:22:00.000-07:00

One last run for men's track

By Garrett Downing
Athens News Campus Reporter
Monday, May 7th, 2007

Members of the Ohio University men's track-and-field team threw their arms around one another's shoulders and took one last lap around the track at Peggy Pruitt Field on Saturday. They joked and smiled as they came cruising past the finish line to the cheers and camera flashes of family and friends.

The victory lap provided a bright moment in a season that has been clouded with controversy and hardship. The Bobcats set aside the emotions surrounding the program's final home track meet, and finished on top. The men concluded Saturday's Ohio Open with a victory in the 4x400m relay, one of 13 first-place finishes on the day.

"It has been a roller-coaster ride emotionally," senior thrower Eric Bildstein said. "We have done a great job considering the adversity we have had to face both physically and mentally."

While the year has brought success to the program, including several new records and one of the top teams in the Mid-American Conference, the athletes have competed with the always-present reminder that next season does not exist.

"It is rough," senior All-American long-jumper Scott Mayle said. "Even though this is my last year, it is still rough to think about the rest of the guys that aren't going to be able to run next year."

Sporting shirts reading "I got Hocutt," the student athletes took a final jab at Athletics Director Kirby Hocutt, who announced on Jan. 25 the decision to eliminate four varsity sports at the end of their 2007 campaigns. Along with men's indoor and outdoor track and field, the administration also cut men's swimming and diving and women's lacrosse.

The administration has justified the cuts as necessary measures to comply with federal Title IX legislature and eliminate a growing financial deficit within the athletics department.

The financial situation is so grim that the university had to ax one of its most storied programs. Since its inception in the early 1900s, the track-and-field team has produced an Olympic medalist and several All-Americans, and won more individual national titles than any other OU varsity sport.

"You have to put that aside at a certain point because you can't let your anger get the best of you," Bildstein said. "You still have to relax and throw, run and jump the best that you can."

With more meets left this season, including MAC and Regional championships, the team tried to muffle the emotions and focus on performance. But for the team to ignore the feelings of competing in a program's last home meet is almost impossible.

"I'm sure that it is weighing on everybody's mind," head coach Clay Calkins said. "It is sad to see that this is going to be the last chance to do this."

The seniors led the Bobcats in Saturday's meet, as Mayle and Bildstein captured first place in three individual events. Dan Bailey, Austin Schiele, Logan Singleton, Curtis Leuenberger and Brad Hershey also earned first-place finishes. The 4x100m and 4x400m relays also finished in first.

Saturday's success matched the strong performances that the Bobcats have been putting forth all season, demonstrating their resilience in the face of a strenuous situation.

"It really says a lot that we have been able to put all of that behind us," Bildstein said. "This is one of the best teams that we have ever had, and I want everybody to see that. It just sucks that this is the last year that anybody is going to see us again."

As the members of the men's track and field team crossed the finish line for their final victory lap, it concluded the program's historic run, leaving a legacy for others to admire.

"Hopefully people remember us for doing it right and finishing in the end, despite all of the things that happened," Bildstein said. "No matter what, we were able to finish, and finish correctly."

Last Track Meet

2007-05-04T09:06:00.000-07:00

Track: The end of a prestigious run

Rob Hardin / Senior Staff Photographer / rh124104@ohiou.edu

Ohio’s Austin Schiele competes in the men’s 3,000-meter steeplechase during the Southern Ohio Cup on March 31. Schiele and his teammates will compete in the Ohio men’s track program’s final home meet tomorrow.

When the last runner crosses the finish line at the Ohio Open tomorrow, it will not just be the end of a meet — it will be the end of an era.

Tomorrow’s competition marks the final home meet for the men’s track and field team as it prepares for the Mid-American Conference Championships next Thursday in Oxford.

On Jan. 25, Director of Athletics Kirby Hocutt announced that four varsity sports would be eliminated, including men’s indoor and outdoor track and field, ending one of the most storied programs in the school’s athletic history.

Since its inception in the early 1900s, the men’s track and field program has won more individual national titles — six — than any other program at Ohio. Track and field athletes have been named All-Americans 28 times and have won 94 Mid-American Conference titles.

During the 1966-67 season, sophomore Emmett Taylor won the first national title in the program’s history in the 440-yard dash, but he said that wasn’t the greatest moment in his career.

“Winning the second national championship that I ran in (was). It was more exciting than the first because I had left my shoes in the hotel that I was staying in,” said Taylor, who won his second national title in 1968 in the 200-meter. “One of my best friends lent me his shoes, and I ran the race in those.”

Just as impressive as the team’s success on the field has been the team’s exemplary status off it.

Elmore “Mo” Banton became Ohio’s first black head coach in 1980 and stayed with the program for more than 20 years. In all of those years and all of the kids he coached, he said not many ever caused problems.

“I think back on my years at OU, and in 23 years, I bet I couldn’t come up with five kids that I had trouble with,” Banton said. “That’s a small number when you compare the amount of kids on a track team.”

The Bobcats became one of the founding members of the MAC in 1946, but they didn’t experience much success until Stan Huntsman took over 10 years later.

Huntsman helped develop 15 All-Americans, and the athletes he coached placed at the NCAA championships 10 times. He coached his team to a school-best eighth-place finish in 1968. He later became the program’s only member to be named to the National Track and Field Hall of Fame.

Despite his success on the field, Huntsman said that his greatest achievement at Ohio had nothing to do with helping the team gain national prominence.

“I think my biggest accomplishment was being a good positive teacher and coach and a big influence on the student-athletes,” Huntsman said. “I’m real proud with how the alums that I coached turned out.”

Taylor, who started his own business after his track career, and is now retired and living in Las Vegas, said that his days at Ohio helped him become a better person.

“It helped me immensely for the training I did and to grow as an individual. It made me a better human being,” Taylor said. “I had an easier time meeting people, so it made it easier for me to talk to people and just to be more aggressive in life.”

Eric Bildstein, a fifth-year senior, set the school indoor record in the 35-pound weight throw during the 2004 season. Bildstein said that being on the track team enhanced his overall college experience.

“OU is a great place to go to college,” Bildstein said. “Being able to compete with the Ohio colors on was just great. It just made college so much more worthwhile.”

Banton, who won a national title in cross country for the Bobcats, said that coming to Ohio was the best moment in his life.

“The greatest thing to happen to me was going to OU. It was not my first pick back in those days, and I’m glad I did,” he said. “I learned a lot about coaching, and then to come back and coach (at Ohio) was just the greatest thing.”

Long Dispatch Story on OU Track!

2007-05-03T07:15:00.000-07:00

Running on empty: Ohio University's decision to ax track and field leaves athletes hurt, disillusioned

Thursday, May 3, 2007 4:02 AM

ATHENS, Ohio -- To the naked eye, everything appears normal as the Ohio University men's track and field team goes about its daily workout at Pruitt Field. The place teems with distance runners and sprinters huffing and puffing their way around the quarter-mile track and others stretching or conferring with coaches.

This, however, isn't a normal day. It hasn't been a normal season for the Ohio track team, either. It has been a passion play pitting angry and disillusioned athletes, ex-athletes, former coaches, students and some fans against an administration they say worries only about the almighty dollar.

On Saturday, the collegiate athletic careers of most of these Bobcats will end with the Ohio Open in Athens. After the school year, the university will discontinue men's outdoor track and field and three other intercollegiate sports -- men's indoor track and field, men's swimming and women's lacrosse -- for budgetary reasons and to conform to Title IX, the federal law that mandates that women athletes receive equal opportunities as men.

Athletic scholarships will be honored for the remainder of every athlete's term of eligibility, but that is of little consolation.

"I feel for my teammates. This is an awful situation," said Kevin Dean, a junior distance runner and audio production major from Granville. "I wouldn't think of transferring. I'm staying because I love Ohio University. I have so much pride in my school. That's why this decision is so hard to take. It's such small change to fund our program. We don't get the special steak dinners like the football and basketball teams."

Ohio's decision to eliminate sports isn't a new concept in the Mid-American Conference. In 2007-08, the 12-school league will field only four men's swimming teams, five men's indoor and six men's outdoor track teams.

NCAA president Myles Brand recently called the extermination of athletic teams "a troubling issue."

"Title IX encourages participation and in no way requires or even suggests that programs be cut," Brand said at a forum sponsored by the Chronicles of Higher Education. "The best answer is to use resources more wisely so that more students can participate, not fewer. Athletic departments need to learn how to balance their budgets."

Two years ago, when he was hired as Ohio athletic director, Kirby Hocutt walked into a situation that could best be described as a festering wound. Former AD Thomas Boeh had stripped the swimming team of scholarships and cut men's track scholarships from eight to five. The women's lacrosse team was eating $479,897 out of the budget with trips to faraway places such as Baltimore, San Francisco and Louisiana for conference games.

University president Roderick McDavis and Hocutt have said the athletic department will have a deficit of approximately $4.3 million.

"The first sign that there were serious financial issues came three or four years ago when men's track and field and men's swimming and diving were de-emphasized," Hocutt said. "That was one of the first mandates I received when I was hired -- to be fiscally responsible. I had to make a decision that benefited the entire athletic department, while at the same time I knew it would affect student-athletes. When you look at these young athletes and see the hurt and disappointment, that hurts."

Critics of the university's actions say the budget for men's outdoor track and field is small change, with a budget of less than $28,000. At least $22,000 could be paid for through a yearly NCAA sponsorship program for universities that field more than 14 athletic teams. The men's swimming team budget is $40,975.

Hocutt said it doesn't make sense to have teams that can't compete at a high level because of lack of scholarship money.

"It still gets back to the quality of experience we're providing," he said. "Was our current track and field budget where it needed to be? No. Was our current swimming and diving budget where it needed to be? No. It was going to take a significant investment in those programs to have the success we expect. It's not healthy working this way."

Hocutt said the athletic department has been borrowing from other programs since the late 1990s to help fund three women's sports -- soccer, golf and lacrosse. By fielding 16 teams instead of 21, he said the university would be able to compete, not just play.

This season, Ohio track and field athletes rank in the top five in the MAC in 10 of 22 events. Craig Leon and Chris Campbell are first in the 10,000 meters and discus, respectively. Last year, the indoor team was last in the MAC championships and the outdoor team was next to last.

Track coach Clay Calkins and assistant Mitch Bentley have offered several options to save the team. One was a "phase-out," which would enable current athletes to compete until their eligibility runs out. A second was to seek private benefactors and corporations to endow scholarships. A third was to discontinue indoor track and drop the numbers in men's outdoor track from 50 to 30. The university rejected each option.

"The thing is, this is such an economical sport," Calkins said. "The university gets a lot of bang for its buck with track and field. We've already been cut scholarship-wise. We never thought it would come to this. Track and field in the MAC is just getting slain."

In a letter, the student government condemned the university's decision to cut sports. A group called Equity in Athletics has threatened a lawsuit against the university if the cuts aren't postponed.

Former Ohio track and field coach Stan Huntsman, a member of the U.S. Track & Field hall of fame and head coach of the 1988 U.S. Olympic team, ordered that his plaque be removed from Ohio's hall of fame as a protest. Former Bobcats track star Les Carney, who won a silver medal in the 1960 Rome Olympics in the 200 meters, said he might do the same.

Huntsman, Carney and former Ohio track coach Elmore Banton will meet with McDavis on June 15 about keeping the program alive.

"It doesn't make sense when you look at the big picture," Huntsman said from his home in Austin, Texas. "This cuts off the history of a successful program and successful kids. I'm not going to go away. I'm going to start a campaign. The issue is simple: it's about money. The university has a desire to go big-time in football. We're trying to become the Boise State of the MAC."

Critics point out the Ohio football team lost $181,000 playing in the GMAC Bowl against Southern Mississippi. They say more than $85,000 was spent on "inspirational graphics" in football meeting areas, $39,890 was spent to keep the lights on in Peden Stadium during 57 visits by recruits and annual salaries of the offensive and defensive coordinators are $89,629.

Hocutt countered by saying Ohio ranked at the bottom in the conference before Frank Solich was hired as football coach before the 2005 season. The GMAC was the team's first bowl since 1968 and the nine victories in 2006 were the second most in school history.

"Ohio University has made a commitment to be successful in all 16 sports, and football is one of them," Hocutt said. "It begins with hiring quality coaches. We have invested in our football program."

Kent State athletic director Laing Kennedy said Ohio probably didn't have much choice than to cut. Kent has 18 programs but through the years has axed ice hockey and men's and women's swimming.

"I respect Kirby Hocutt," Kennedy said. "Kirby walked into this management problem and now has to try and solve it. I believe they had no other choice."

Minnesota athletic director Joel Maturi said universities must begin looking 10 to 12 years ahead to save teams. When Maturi was athletic director at Miami University in 1999, the school kept men's golf and men's outdoor track by endowing scholarships. When he was hired by Minnesota in July 2002, men's and women's golf and gymnastics were about to be dropped. Each was saved when $2.7 million in private money was raised in 10 months.

"We were fortunate to buy ourselves time," Maturi said. "At Minnesota, football, (men's) hockey and men's basketball are the only sports that pay for themselves. If this were a business instead of a college, the University of Minnesota wouldn't be here."

Maturi said he cut wrestling at Miami for the same reasons Ohio is cutting.

"I remember seeing us lose to Central Michigan 62-0 in wrestling," he said. "That was absolutely awful. We had two scholarships. Was that a quality experience? We just couldn't continue like that."

That others have suffered before them is little consolation to Ohio athletes whose sport has nearly vanished. Distance runner Nate King, a sophomore from Hilliard Davidson majoring in special education, said the university dropped a bomb on the team's lap.

"They were so fuzzy about things for so long," he said. "It makes no sense to me. They say we'll still have cross country, but what good high school runner is going to come here for cross country knowing there is no indoor or outdoor team?"

The Ohio Open usually is a celebration. On Saturday, it could be a wake.

"It sure will hit home," said Bentley, the assistant coach. "It's going to hurt."

mznidar@dispatch.com

Columbus Dispatch Covers EIA Suit Against OU, DoE

2007-04-29T08:47:00.000-07:00

Group threatens to sue OU over cutbacks: Varied interpretations of Title IX's real purpose create compliance flap

ATHENS, Ohio -- Ohio University says it won't reverse its decision to eliminate four varsity athletics programs despite a warning from a group in Virginia that it might sue if the cuts aren't postponed.

The university announced in January that it planned to drop men's indoor and outdoor track, men's swimming and diving, and women's lacrosse to trim nearly $700,000 from the athletics budget and bring the school into compliance with Title IX, federal legislation that guarantees students equal opportunities regardless of gender.

But the recently formed Equity in Athletics argues that the cuts violate the spirit of the federal law.

In March, the group filed a federal lawsuit against the U.S. Department of Education based on the elimination of 10 sports programs at James Madison University in Virginia. The Education Department enforces the gender-equity rules at all universities that receive federal money.

Equity in Athletics describes itself as a nonprofit coalition of athletes, coaches, parents, alumni and fans. In a letter to OU officials this month, the group maintained that Title IX never was intended to be based solely on headcounts.

The group's argument is that Title IX was designed to make sure men and women got equal opportunities to compete in college athletics based on their relative levels of interest. However, its officials said, later policy readings have replaced that standard with a benchmark of participation reflecting enrollment levels for each sex.

Such "balancing" is unconstitutional, the group contends, and can sometimes lead schools to cut smaller programs, both men's and women's, in an attempt to reach overall gender balance based on enrollment ratios.

"We would argue these are quotas," said Larry Joseph, an attorney for the group. "(Title IX) is an equal opportunity statute, not an equal result statute."

"I feel very confident that we have not violated any federal law," countered OU athletic director Kirby Hocutt.

Based on OU's understanding of the law, the university was out of compliance with Title IX before making the athletics cuts.

The cuts also were needed for budgetary reasons, and to allow OU to maintain quality in its remaining sports programs, Hocutt said.

"Our decision remains final, and it was obviously a very difficult decision to have to recommend and make," he said.

Branden Burns, an 18-year-old freshman swimmer from Kent, Ohio, is spearheading the campaign at OU to save the threatened programs.

Burns said he met this month with OU President Roderick McDavis and proposed a plan whereby the programs would raise money to support themselves and be gradually phased out of varsity status over three years rather than shut down at the end of this academic quarter.

In the meantime, he said, he and other student athletes hope the coalition wins its federal court case.

"If EIA wins its suit, then the cuts here at OU would be illegal," he said. "So (our plan) could save the university some headaches down the road."

Joseph said his group would like to work out an arrangement with OU under which the university would postpone the cuts long enough for a federal court to rule on the group's legal challenge.

In exchange, he said, his coalition would leave OU out of any federal litigation as a defendant.

"We're giving the schools a choice," he said. "Sit on the sidelines and defer the cuts, or be a defendant."

jamesbphillips@dispatch.com

ANews Covers EIA Members at OU

2007-04-26T09:54:00.000-07:00

OU student-athletes join group's effort to force Title IX changes

Thursday, April 26th, 2007

With the addition of 20 Ohio University students, the Great Lakes Chapter of Equity in Athletics Inc. is growing by the day as new people join to save the recently cut varsity-sport teams at Ohio University and to restore what they feel is federal Title IX's original intent of eliminating discrimination in athletics.

"So far our voices and suggestions have been tossed aside. However, we have not yet begun to fight," vowed OU freshman swimmer Branden Burns.

According to its Web site, EIA is a coalition of students, alumni, parents and coaches who want to preserve broad-based, equitable sports programs. EIA is a national group, containing Virginia, Pennsylvania and Great Lakes chapters. The Great Lakes Chapter is made up of members from Ohio and Michigan.

Burns said that he and other OU students became involved with EIA after Burns consulted Title IX experts within the academic community, the U.S. Department of Education, and NCAA officials on the status of OU's Title IX compliance.

"All agreed that these cuts were not necessary to comply with Title IX and that the university used Title IX as a scapegoat," said Burns.

After conversations with local experts, Burns said he contacted EIA to explain OU's situation, and soon joined the organization and began discussing ways to save the athletic programs with EIA attorney Larry Joseph.

"As a member of EIA, I work with other EIA members to strategize and organize ways in which we can save our teams," said Burns. "I joined EIA because they had already started in the battle to save programs at JMU (John Marshall University in Virginia), and they have the experience and know-how when dealing with Title IX situations like the one we have here at OU."

Burns, a swimmer for the recently cut men's swimming and diving team at OU, acknowledged that the university's recent decision was disappointing. "I realize that this has been a tough situation for all parties involved," said Burns. "However, the decision to cut four sports was a terrible decision." (The three other cut sports include women's lacrosse and men's indoor and outdoor track and field.)

The athletes affected by these cuts, Burns added, represent the best and the brightest students this institution has to offer. "These cuts, if they stand, will have a far more negative affect on this institution than I think the administration realizes," said Burns. "This has caused student moral to go down, and this then affects student retention and new student recruitment."

Emily Wylam, swimmer for the OU women's swim team, which survived the cuts, said the decision was devastating to everyone who was involved. "I don't think that it was correctly gone about by the administration," said Wylam. "I think it was very hidden in their agenda, and they didn't truly consider the feelings of the athletes they'd be affecting."

In hopes for a compromise, Burns and other EIA members have suggested many solutions to the OU administration, including a "Phase Out" plan, as an alternative to abruptly dropping the sports after the current seasons.

"We have given many suggestions on how OU can do this with a positive outcome for both the university and the students affected," said Burns.

Burns said the Phase Out plan would allow the freshman class to finish out their eligibility on the team, and proposes funding for the teams for the next several years through alumni and local fundraisers and donations. This proposal would buy the teams extra time while EIA's case proceeds through litigation. The organization is hoping that its lawsuit against the federal Department of Education will result in such eliminations of sports teams that occurred at OU being ruled unconstitutional.

"We love OU, and we don't want OU to get trashed all over his. However we are fighting because we want to stay here," said Burns. "We want to go about this as professionally and politely as possible, but if it cannot be done that way, then unfortunately it will most likely have to go to litigation.

In the April 17 letter to John Burns, OU's director of legal affairs (no relation to Branden Burns), EIA attorney Joseph said students were not the only local party to question the sports cuts. "Even members of OU's Board of Trustees privately have expressed the concern that OU did not handle these cuts well procedurally, and now EIA-GL has raised significant substantive questions as well," wrote Joseph.

In the letter, EIA refers to its lawsuit against the U.S. Department of Education in the U.S. District Court for Western Virginia "and its Great Lakes Chapter's intent to file a similar lawsuit over the OU cuts." The Great Lakes Chapter asked OU to postpone its plans to cut the athletic programs, and threatened to file a lawsuit against OU if the university doesn't comply with the group's demand.

The letter maintains that if OU maintains its sports cuts, the university is violating both the U.S. Constitution and Title 1X, which according to the press release, creates an equal athletic opportunity, based on the assessed relative interests of both genders.

Branden Burns said that EIA is also out to invalidate the 1996 "three-part test." This calls for "equal athletic participation, based on enrollment, with no need to assess either gender's interest." Joseph said in his letter that like many universities, OU now relies on the three-part test. This, however, does not constitute a valid or current interpretation of Title IX, he argued.

"For a school ostensibly acting in part to save money and in part to comply with Title IX, going through with the planned cuts will not achieve either goal," stated attorney Joseph in his letter to OU legal director Burns.

Currently, Branden Burns and other EIA members are working to save the sports teams by contacting alumni for support and meeting with the Board of Trustees and President McDavis, along with creating and proposing plans to save the cut sports teams. Burns stressed that EIA and its members are not out to get OU. "EIA's fight is with the Department of Education and not with OU," he said. "We do have a problem with their cuts; however, we see the predicament that they are finding themselves in."

Branden Burns encourages all OU students to join EIA and support the cause.

OU has limited its response to EIA's letter and threat of a lawsuit with a short statement from its Board of Trustees chair. In the statement, issued last Friday, Trustees Chair R. Gregory Browning said, "We will not reverse the decision. It is consistent with the law and good public policy."

In general, the university has justified the cuts both on the basis of gender equity and budgetary limitations.

EIA Letter to OU Legal Affairs Director

2007-04-25T21:18:00.000-07:00

Click here or read below.

Lawrence J. Joseph, esq.
2121 K Street, NW, Suite 800 - Washington, DC 20037
Tel: 202-669-5135 - Fax: 202-318-2254
www.larryjoseph.com

VIA FEDERAL EXPRESS AND EMAIL

April 17, 2007

John F. Burns, Esq.
Director of Legal Affairs
Pilcher House
Ohio University
Athens, Ohio 45701

Re: Title IX

Dear Mr. Burns:

On behalf of the Great Lakes Chapter of Equity in Athletics, Inc. (“EIA-GL”), this advises Ohio University (“OU”) that EIA-GL intends to file a federal lawsuit to challenge the U.S. Department of Education’s “Three-Part Test” under Title IX of the Education Amendments of 1972. We write now both to ask OU to postpone its plans to eliminate its swimming, track, and lacrosse teams and to put OU on notice of EIA-GL’s legal position.

By way of introduction, EIA-GL’s membership includes OU students, parents, and alumni associated with the teams that OU has scheduled to cut. Both EIA-GL and its members recognize that OU has acted to date under the misunderstanding that its proposed cuts comply with Title IX. As explained in the enclosed complaint in Equity in Athletics, Inc. v. U.S. Department of Education, No. 5:07-0028-GEC (W.D.Va.), however, Title IX neither requires nor allows such cuts. Quite the contrary, Title IX prohibits them.

Neither EIA-GL nor its OU members have any desire to sue OU. Our quarrel is with the federal standards and the federal regulators, who have misled OU and EIA-GL’s members alike. Significantly for OU’s attempt to comply with Title IX, EIA-GL will ask the court not only to vacate the Three-Part Test prospectively, but also to declare it void ab initio and to find that it never lawfully took effect. In essence, OU is steering itself to a mirage, not a safe harbor. Put another way, we are not trying to move OU’s goal post: that goal post does not exist.

Although OU undoubtedly believed that the Three-Part Test constitutes a current and valid interpretation of Title IX’s implementing regulations, it is not. We are confident that the Sixth Circuit will agree for several reasons, including the following:

Ø Prior Title IX Decisions Will Not Control. Although the Sixth Circuit already has ruled in favor of the Three-Part Test, Horner v. Kentucky High School Athletic Association, 206 F.3d 685, 694 (6th Cir. 2000), such prior decisions will not control here for four reasons: (a) they misconstrue the Department of Education’s authority, as made clear by supervening Supreme Court precedent; (b) they improperly defer to the Department, as made clear by supervening Supreme Court precedent; (c) they did not consider the administrative record and procedural requirements that would apply if the Department or its predecessor intended to adopt the Three-Part Test as a standard for Title IX compliance; and (d) the Fourteenth Amendment prohibits such quota-driven cuts, even if Title IX does not.

Ø The Department Lacks Authority to Issue Disparate-Impact Requirements. The relevant precedents that uphold the Three-Part Test rely explicitly or implicitly on the federal agencies’ authority to issue disparate-impact regulations under the intentional-discrimination statutes like Title IX and Title VI. In Alexander v. Sandoval, 532 U.S. 275, 281-82 (2001), however, a supervening decision of the Supreme Court ruled that agencies lacked such authority. Indeed, in April 2001, Sandoval rejected as dicta the very authority on which the federal government previously had relied as support for agencies’ authority for such regulations under Title IX. Compare id. with U.S. Dep’t of Justice, Title IX Legal Manual, 64 & n.48 (Jan. 11, 2001) (www.usdoj.gov/crt/cor/coord/ixlegal.pdf).

Ø The Three-Part Test Does Not Warrant Deference. The decisions that uphold the Three-Part Test rest on controlling “Chevron” deference to the Department of Education’s interpretation of Title IX. In United States v. Mead Corp., 533 U.S. 218, 227-28 (2001), however, a supervening decision of the Supreme Court re-established the lesser standard of “Skidmore” deference for regulatory regimes that (like Title IX) provide the same authority to more than one agency actor.

Ø The Three-Part Test Is Procedurally Invalid. As the enclosed complaint explains, the Three-Part Test (as subsequently reinterpreted by the Department in 1996 and 2003, purports to change a regulation that required equal opportunity, based on the genders’ relative interest, into equal participation based on enrollment. Even if such a standard was substantively lawful, that change would require notice-and-comment rulemaking. The Department’s predecessor recognized as much, and expressly did not take the steps required to implement such a change. Oblivious to the fine distinctions that its predecessor made in 1979, the Department’s 1996 and 2003 actions purport to create a legal requirement that the Department simply cannot create by memorandum.

Ø The Three-Part Test Is Not in Effect. Like its Title VI template, Title IX provides that agencies must act by rule, regulation, or order of general applicability, and provides that such actions do not take effect until approved by the President. 42 U.S.C. § 2000d-1; 20 U.S.C. §1682.[1] The legislative history makes clear that such approval meant signed by the President in the Federal Register.[2] 110 Cong. Rec. 2499-00 (1964) (Rep. Lindsay). As demonstrated by the partial list in the margin, Congress repeatedly cited the presidential-approval requirement as the bulwark against bureaucratic overreaching.[3] As the administrative record for the Three-Part Test demonstrates, the Department’s predecessor expressly did not seek to comply with any of the applicable procedures (including presidential approval) because the Three-Part Test was neither binding nor a test for Title IX compliance.

Ø Quotas Are Unconstitutional in Any Event. In its one departure from Title VI, Congress included Title VII’s restriction against preferential treatment based on imbalances with the total population, 20 U.S.C. §1681(b), which is “designed to prevent…. undue ‘Federal Government interference…. because of some Federal employee’s ideas of…. balance.’” United Steelworkers of Am. v. Weber, 443 U.S. 193, 206-07 (1979) (citations omitted). Although that provision allows courts and agencies to consider “statistical evidence” in a specific “hearing or proceeding,” 20 U.S.C. §1681(b), it “would be contrary to Congress’ clearly expressed intent” to allow “quotas and preferential treatment [to] become the only cost-effective means of avoiding expensive litigation.” Watson v. Fort Worth Bank & Trust, 487 U.S. 977, 993 (1988) (plurality); accord Wards Cove Packing Co., Inc. v. Atonio, 490 U.S. 642, 652-53 (1989). Thus, even if the Three-Part Test is a grammatical interpretation of the Title IX regulations, it is not a lawful one: “outright… balancing [] is patently unconstitutional.” Grutter v. Bollinger, 539 U.S. 306, 330 (2003); Truax v. Raich, 239 U.S. 33, 36-38 (1915) (“If [rights] could be refused solely upon the ground of [class membership], the prohibition of the denial to any person of the equal protection of the laws would be a barren form of words”). As a state school, moreover, OU must comply with the Equal Protection Clause even if the Department’s memoranda somehow authorize quotas under Title IX. Communities for Equity v. Michigan High School Athletic Association, 459 F.3d 676, 681-90 (6th Cir. 2006) (Title IX’s private action does not displace constitutional equal-protection action under 42 U.S.C. §1983).[4]

Finally, as you may know, the administrative record on the Three-Part Test surfaced in litigation against the Department initiated by the National Wrestling Coaches Association (“NWCA”), in which the Department prevailed. The government’s successful defense in NWCA hinged on standing, with the D.C. Circuit’s accepting the Department’s argument that NWCA did not establish redressability because NWCA did not establish that independent parties (i.e., schools), not before the court, would change their actions if NWCA prevailed. Cf. Bennett v Spear, 520 U.S. 154, 169 (1997) (“While… it does not suffice if the injury complained of is th[e] result [of] the independent action of some third party not before the court, that does not exclude injury produced by determinative or coercive effect upon the action of someone else”) (citations and quotations omitted, emphasis in original). The Department will not have that argument here: either the relevant schools will publicly defer their planned cuts, or they will not be independent parties not before the court.[5]

Even members of OU’s Board of Trustees privately have expressed the concern that OU did not handle these cuts well procedurally, and now EIA-GL has raised significant substantive questions as well. Significantly, plaintiffs can prevail against improper procedures, even if they ultimately would lose on their substantive claims. Carey v. Piphus, 435 U.S. 247, 266-67 (1978) (“right to procedural due process is ‘absolute’ [and] does not depend upon the merits of a claimant’s substantive assertions”). At the very least, therefore, OU should reconsider its cuts under the regulations’ equal-opportunity standard, as distinct from the Three-Part Test’s equal-participation quota.

Like many schools before it, OU has relied on the Three-Part Test. Unlike the schools that preceded it, however, OU would face a legal challenge from a plaintiff armed with the administrative record of the Three-Part Test. We hope that OU will recognize that this is simply not OU’s fight. Instead, for the sake of its students, we urge OU to postpone the cuts to allow EIA-GL time to establish what Title IX and the Equal Protection Clause require.

For a school ostensibly acting in part to save money and in part to comply with Title IX, going through with the planned cuts will not achieve either goal. First, given the out-of-state students (and tuition) that OU stands to lose, postponing the cuts may generate more money than it costs. Second, the cuts will involve OU in litigation, which it could avoid by postponing the cuts. Third, of course, if EIA-GL prevails, OU will face not only the costs associated with bringing the teams back, but also a significant award under the Civil Rights Attorney's Fees Awards Act of 1976. Fourth, and finally, although an EIA-GL member has filed an administrative complaint with the Department of Education’s Office of Civil Rights, he has authorized EIA-GL to indicate that he will withdraw his compliant if OU postpones the cuts. Even if postponing these cuts was not the right thing to do and the lawful thing to do, it would still be the most cost-effective thing to do.

Recognizing that we have presented you with a lot of information, we will do everything we can to assist you in understanding EIA-GL’s position. Ultimately, however, OU has the responsibility to comply with the law. As this short letter and the enclosed complaint demonstrate, OU should have serious questions whether the planned cuts indeed comply. The upcoming meeting of OU’s Board of Trustees presents an opportunity to revisit the cuts. If the Board does not act favorably, the time to resolve this matter outside of litigation will pass quickly. Notwithstanding the short time available, EIA-GL and its members will do everything in their power to work with OU.

Please do not hesitate to contact me – or to have anyone from your staff contact me – with any questions about this matter.

Very truly yours,

/signed/

Lawrence J. Joseph

Enclosure

cc: Dr. Roderick J. McDavis, President, Ohio University (via email w/o Encl.)
Dr. R. Gregory Browning, Chairman, Board of Trustees (via email w/o Encl.)
Board of Trustees (via U.S. Mail w/o Encl.)

[1] See, e.g., 118 Cong. Rec. 5803 (Title IX would have the same procedural protections afforded under Title VI) (Sen. Bayh). id. at 5808 (“These [procedural] provisions parallel Title VI of the 1964 Civil Rights Act”) (fact sheet submitted by Sen. Bayh); Sex Discrimination Regulations: Hearings Before the Subcomm. on Postsecondary Education of the House Comm. on Education and Labor, 94th Cong., at 170 (1975) (“the setting up of an identical administrative structure and the use of virtually identical statutory language substantiates the intent of the Congress that the interpretation of Title IX was to provide the same coverage as had been provided under Title VI”) (prepared statement of Sen. Bayh).

[2] In 1980, the President delegated the rule-approval and enforcement authority to the Attorney General. 45 Fed. Reg. 72,995 (1980) (Executive Order 12,250).

[3] See 110 Cong. Rec. 5256 (Sen. Humphrey); 110 Cong. Rec. 6544 (Sen. Humphrey); 110 Cong. Rec. 6562 (Sen. Kuchel); 110 Cong. Rec. 6749 (Sen. Moss); 110 Cong. Rec. 6988 (explanatory memorandum by Rep. McCulloch, inserted by Sen. Scott); 110 Cong. Rec. 7058 (Sen. Pastore); 110 Cong. Rec. 7066 (Sen. Kuchel); 110 Cong. Rec. 7067 (Sen. Kuchel); 110 Cong. Rec. 7103 (Sen. Javits); 110 Cong. Rec. 11,941 (letter from Attorney General Kennedy, inserted by Sen. Cooper); 110 Cong. Rec. 12,716 (Sen. Humphrey); 110 Cong. Rec. 13,334 (Sen. Pastore); 110 Cong. Rec. 13,377 (Sen. Allott).

[4] EIA-GL will not raise a merely collateral attack on the Three-Part Test. See Miami University Wrestling Club v. Miami University, 302 F.3d 608, 614 (6th Cir. 2002). Instead, by suing both the federal government and a relevant school or schools, EIA will directly attack the Three-Part Test. Cf. Smith v. Robinson, 468 U.S. 992, 1012 & n.15 (1984) (nothing prevents federal courts with jurisdiction over a controversy from reaching constitutional issues).

[5] In dicta, the D.C. Circuit also agreed with the Department’s argument that students lack a cause of action against the Department because they have an adequate remedy against schools. That argument will not work in the Sixth Circuit. Selden Apartments v. U.S. Dept. of Housing & Urban Dev., 785 F.2d 152, 157-58 (6th Cir. 1986) (“the review provisions of the [APA] are made applicable to agency action taken pursuant to civil rights laws by 42 U.S.C. §2000d-2”); accord Schlafly v. Volpe, 495 F.2d 273, 282 (7th Cir. 1974).

New Articles on EIA Lawsuit Against OU

2007-04-24T13:20:00.000-07:00

From the Athens News:

National group threatens lawsuit over OU sport cuts

2007-04-19

Equity in Athletics, Inc. (EIA) announced yesterday afternoon that its Great Lakes Chapter has formally asked Ohio University to postpone its plans to eliminate four varsity sports. The group threatened to file suit against OU if the university doesn't comply with its demand.

EIA cited an April 17 letter that it sent to OU that refers to a lawsuit against the U.S. Department of Education in the U.S. District Court for Western Virginia "and its Great Lakes Chapter's intent to file a similar lawsuit over the OU cuts."

Earlier this year, OU announced that it was cutting its men's indoor and outdoor track teams, men's swimming and diving team, and women's lacrosse team. University officials said the cuts were both a money-saving move and a way to comply with federal Title IX gender-equity guidelines.

The decision provoked strong criticism among affected student-athletes and their parents, as well as supporters on campus.

In the news release issued yesterday afternoon, EIA President John Licata stated, "Sadly, schools across the country are making the same misguided, unnecessary and illegal decisions to cut men's teams and small-roster women's teams based on the wrong test for compliance with Title IX."

In both Virginia and Ohio, according to the release, EIA argues "that the 1975 Title IX regulations create an equal-opportunity standard, based on interest, with schools having the obligation to assess the interest of both genders. In a series of actions in 1979, 1996, 2003 and 2005, however, the federal government has created a rival standard of equal participation, based on enrollment."

EIA argues in the release that the post-1975 actions were both procedurally and substantively illegal. Therefore, according to the group, "Under EIA's interpretation of the Title IX regulations, OU's planned cuts are illegal," while the university's current alignment of teams complies with the law.

EIA's letter maintains that OU's sport cuts violate both Title IX and the U.S. Constitution and asks OU to postpone the cuts to allow EIA's litigation to resolve the appropriate standard for schools' athletic compliance in the federal Sixth Circuit.

According to EIA's Web site, the group "is a nonprofit coalition of athletes, coaches, parents, alumni, and fans who want to ensure broad-based and equitable athletic opportunities for all athletes, at all levels of competition."

An article yesterday in the Harrisonburg, Va. Daily News Record described EIA as "a group of 400 student athletes, coaches, parents and fans from across the United States, half of whom are affiliated with JMU (John Marshall University in Virginia).

The story is about EIA adding JMU to the lawsuit it filed last month against the U.S. Department of Education.

The NEWS received the news release at deadline yesterday, and a spokesman for OU Intercollegiate Athletics said that the department was unprepared to comment on such short notice.

Here's an article about the EIA lawsuit against James Madison U. from Inside Higher Ed:

More Pressure to Protect Men’s Teams

An organization challenging the way the Education Department enforces Title IX has told James Madison University to either stand with them or face a lawsuit. The threat is the latest fallout from James Madison’s September decision to cut 10 teams — a move that has renewed criticism from advocates for men’s athletics that Title IX of the Education Amendments of 1972 is being used to hurt their teams.
Related stories

“When JMU announced the cuts ... they said, ‘We don’t want to do this, it’s not about the $550,000, it’s because we have to, because we’re going to get sued,’” said John Licata, president of Equity in Athletics, Inc., an organization of about 350 to 400 coaches, students, parents and alumni (among others) formed in the wake of the James Madison athletic cuts. If that’s truly the case, said Licata, the university should postpone the cuts – scheduled to take effect July 1 – pending a ruling in a lawsuit Equity in Athletics filed March 20 against the U.S. Department of Education. The group charges that the agency’s enforcement standards are unlawful on both a procedural and substantive level.

In lieu of the university postponing the cuts on its own, Licata said the group will also sue James Madison on the basis that by following the Education Department’s rules of enforcement, the university has engaged in a discriminatory practice. Equity in Athletics will also seek an immediate court order that the cuts be put on hold while the case proceeds.

The group has asked the university to respond to its ultimatum by today.

“What we believe and what people I believe smarter than me believe is that institutions have taken this vehicle called Title IX and have taken liberties and interpretations of it to craft reasons to terminate programs,” Licata said in a Friday interview, acknowledging that even if the group wins the suit, JMU would still be at liberty to offer — and not offer — sports at will. “JMU has said, ‘Hey, we don’t want to do this; we have to do it.’ So if we take that reason out of it, if we’re successful with this, then we’ll find out what their true intentions are.” (At the university, questions of ulterior motives and possible scapegoating are particularly acute, as, in the immediate aftermath of the announcement, the university’s own Title IX consultant disputed the university’s argument that the cuts were primarily motivated by Title IX).

The university’s Board of Visitors met Friday afternoon, but a university spokesman declined to say whether the board considered the group’s demands, and declined to offer any other comment due to possible litigation. Licata said however that his group’s attorney received word late Friday from JMU’s counsel that the university would be in touch today, which Licata described as a “reasonable response.” While a letter sent to JMU officials gives them until today to answer, Licata said Equity in Athletics would agree to a minor extension of the deadline if college officials demonstrate a willingness to negotiate.

JMU cut seven men’s sports and three women’s sports in September, with one board member terming the cuts its “Title IX compliance program.” Officials repeatedly said the decision was driven by a need to bring the university’s athletic participation, at about 50 percent male and 50 percent female, in line with the student demographics: about 61 percent female, and 39 percent male.

“We would not have done it if not for Title IX,” a JMU spokesman told Inside Higher Ed in October. “There’s just about no way we could add more women’s programs and afford it and be in compliance.”

Equity in Athletics supports Title IX and equal opportunity in college sports, Licata stressed, but “wants to find a more reasonable interpretation that protects women without harming men.” In the suit filed against the Education Department in U.S. District Court, the group charges that the three-pronged compliance test currently in place is unlawful, and asks for a declaratory judgment stipulating that Title IX “authorize only rules that effectuate Title IX’s prohibition of intentional discrimination and do not authorize rules that create a disparate-impact standard, affirmative-action mandate or enrollment-based participation quota.”

Under the current three-pronged test, institutions can comply by ensuring gender participation in athletics proportionally mirrors male/female representation within the student body, by demonstrating a history of adding new sports, or by meeting existing student demand, as gauged by interest surveys. Advocates for women’s sports, such as the Women’s Sports Foundation, dispute concerns about quotas. They point out that two non-numerical tests can also be used, and argue that universities that feel forced to adopt the so-called proportionality standard usually are in that situation only because they have neglected their responsibilities toward women’s sports for so long that they can no longer comply by gradually adding sports or proving they have met interest.

Many opponents of the proportionality prong, however, argue that proportionality is the only sure-fire way institutions can comply without fear of getting sued. One of the more prominent opponents, the College Sports Council, released data on Thursday indicating that many more men’s teams have been eliminated than National Collegiate Athletic Association statistics typically suggest. The group blames the declines on Title IX’s proportionality prong and what the group calls an emphasis on quotas.

EIA to Sue OU; New Chapter in Bringing Back OHIO Track

2007-04-19T07:07:00.000-07:00

Equity in Athletics (EIA) announced today that it plans to sue OU over the athletic cuts. But the suit will be much more significant than just our sport teams. If successful, the suit will require universities, the NCAA, and the U.S. Department of Education from enforcing the illegitimate "three-prong" test of Title IX.

If this suit is successful, universities will feel much less pressured to cut men's Olympic sports than they currently are. Moreover, already cut teams, (like OU Men's Track) could be reinstated if funding is not a barrier.

This suit could be historic and I am absolutely excited about it.

CLICK HERE FOR THE EIA WEBSITE
CLICK HERE FOR THE EIA PRESS RELEASE

Here's an article on it from today's Athens News:

National group threatens lawsuit over OU sport cuts
Thursday, April 19th, 2007

Equity in Athletics, Inc. (EIA) announced yesterday afternoon that its Great Lakes Chapter has formally asked Ohio University to postpone its plans to eliminate four varsity sports. The group threatened to file suit against OU if the university doesn't comply with its demand.

EIA cited an April 17 letter that it sent to OU that refers to a lawsuit against the U.S. Department of Education in the U.S. District Court for Western Virginia "and its Great Lakes Chapter's intent to file a similar lawsuit over the OU cuts."

Earlier this year, OU announced that it was cutting its men's indoor and outdoor track teams, men's swimming and diving team, and women's lacrosse team. University officials said the cuts were both a money-saving move and a way to comply with federal Title IX gender-equity guidelines.

The decision provoked strong criticism among affected student-athletes and their parents, as well as supporters on campus.

In the news release issued yesterday afternoon, EIA President John Licata stated, "Sadly, schools across the country are making the same misguided, unnecessary and illegal decisions to cut men's teams and small-roster women's teams based on the wrong test for compliance with Title IX."

In both Virginia and Ohio, according to the release, EIA argues "that the 1975 Title IX regulations create an equal-opportunity standard, based on interest, with schools having the obligation to assess the interest of both genders. In a series of actions in 1979, 1996, 2003 and 2005, however, the federal government has created a rival standard of equal participation, based on enrollment."

EIA argues in the release that the post-1975 actions were both procedurally and substantively illegal. Therefore, according to the group, "Under EIA's interpretation of the Title IX regulations, OU's planned cuts are illegal," while the university's current alignment of teams complies with the law.

EIA's letter maintains that OU's sport cuts violate both Title IX and the U.S. Constitution and asks OU to postpone the cuts to allow EIA's litigation to resolve the appropriate standard for schools' athletic compliance in the federal Sixth Circuit.

According to EIA's Web site, the group "is a nonprofit coalition of athletes, coaches, parents, alumni, and fans who want to ensure broad-based and equitable athletic opportunities for all athletes, at all levels of competition."

An article yesterday in the Harrisonburg, Va. Daily News Record described EIA as "a group of 400 student athletes, coaches, parents and fans from across the United States, half of whom are affiliated with JMU (John Marshall University in Virginia).

The story is about EIA adding JMU to the lawsuit it filed last month against the U.S. Department of Education.

The NEWS received the news release at deadline yesterday, and a spokesman for OU Intercollegiate Athletics said that the department was unprepared to comment on such short notice.

Click here is another article on this from USA TODAY, but on EIA's efforts with James Madison University.

Post letter to the editor: Administration needs to own up to decisions, face real issues

2007-04-18T08:30:00.000-07:00

Administration needs to own up to decisions, face real issues

The recent sports cuts have demonstrated that the Ohio University administrators are lacking in leadership skills. The cutting of four varsity sports is a huge decision that affects many students here at our university; yet when those affected try to ask questions, they get the run around or are ignored all together. Statements given by President McDavis, including “I’d rather not get into the specifics,” is an unacceptable answer. The decisions made by university officials affect many lives and the administrators who make those decisions need to be held accountable.

I find it very disconcerting that officials at Ohio University time after time refuse to answer simple yes or no questions. “Does a university with a core value of integrity have an obligation to honor its words and commitments to its student-athletes?” It is a simple question, yet no one in the administration seems to have an answer. It is the responsibility of the administration to answer the question; it is your job. The students whose lives you have negatively altered deserve an answer. And the fact that administration officials would have the audacity to even suggest that the students asking these tough questions are immature is outrageous. The administration made a choice in cutting these sports, and it is their job to explain their reasons for that decision. In the case of cutting four sports, it seems there is an overwhelming amount of information that shows this decision was not the correct choice of action.

Our university is in a fiscal emergency, and the only solutions given have been cuts. These deficits have not appeared over night; there has been serious mismanagement by this and the former administration.

Cutting programs and cutting sports does not fix the problem; it just prolongs finding a solution. The administration has been trying to put a Band-Aid over its grave lack of fiscal responsibility. Cutting sports with very low budgets and small scholarship opportunities has an extremely detrimental affect on the school’s financial situation. For example, men’s swimming and diving brings in more than a half million dollars a year in tuition. Yes, the university saves a $30,000 budget, but then also risks losing more than $470,000 dollars in tuition. It is a very simple concept: $30,000 dollars pales in comparison to $470,000 dollars. Yes, cutting a few sports has a short-term appeal, but it does not provide a long-term solution and also negatively affects the university’s budget in the long run.

This administration, throughout every problem that has arisen, has tried to take the easy way out. Unfortunately, the easy way out usually comes with the most negative outcomes. Our university is in trouble, and our administration keeps running from the real issue. This institution has a lack of leadership and integrity, plain and simple. The current administration continues to make poor decisions that it cannot defend. There needs to be more accountability for every action taken by this administration from now on. I’m tired of half-hearted answers and complete avoidance to every question posed to this administration. McDavis, remember a public university is a university that is predominantly funded by the public, and the students pay your salary.

Branden Burns is a freshman political science and recreation management major.

Swim Parents Letter in Post - Right On Target

2007-04-17T10:50:00.000-07:00

Sports cuts a dishonest case of expenses exceeding income

If I told you I earned $250,000 per year (unfortunately I don’t), you might be impressed. But if you found that I was spending $300,000 per year in my house¬hold budget (fortunately I’m not), you would quickly realize that I had a problem. That problem is called a deficit. Regard¬less of how impressive my income might be, the real bottom line of my finances is income minus expenses. When expenses exceed income, a deficit occurs.

I appreciate Nate Saum pointing out in his letter on April 9 the huge sums of money that OU football brings in for play¬ing many of their games. To earn $500,000 for one game is certainly impressive! But Nate, what is the real bottom line? Income is only half of the equation. Can you ignore what the football team spends or costs the university each year? It’s easy to bring in millions and still have a gigantic deficit — just spend more than you bring in.

I need to say here that I am not opposed to OU football in any way. I am not even opposed to OU football losing millions of dollars each year. In fact, I am not even opposed, in principle, to the university ceasing to fund other things in order to fund a sport that, on the surface anyway, is losing money. If the univer¬sity benefits from having an impressive football team (no doubt this matters to alumni and impacts their giving), then make the responsible and rational cuts you need in order to support the football program. But be honest!

If you are directing funds to football because the university benefits in some tangible or intangible way, then don’t say “Title IX made me do it.” No, you chose to do it. When pressured at the Feb. 15 Board of Trustees meeting to divulge the real reasons for the elimination of four OU sports, Athletic Director Hocutt took a step toward honesty when he said “there are financial savings and investments in cutting these other sports. The university has decided to strategically invest in oth¬er sports.” Why wouldn’t he admit that on Jan. 24 when the original announcement was made?

Nate suggested that I do some more digging to find the real culprit. How about digging into the May 25, 2006, OU Internal Audit, Review of Intercollegiate Athletics? It states that fiscal misman¬agement in the athletic department “has resulted in ICA exceeding its budget in recent years and accumulating a deficit that must be repaid to the university. The debt includes operating deficits of more than $1 million from both FY05 and FY06 (projected), capital debt from the Peden Stadium renovations and from the lower¬ing of the football field.”

I could drag out many similar quotes from this document and other pub¬lic documents, but would rather sum¬marize by quoting former OU track and cross country coach Elmore Banton in his Feb. 5 article in The Post: “According to the last year’s NCAA report, Ohio Uni¬versity spends $491 per track athlete per year, $10,000 per football athlete per year and $22,000 per basketball athlete per year.” He goes on to say, “in addition, the Ohio University football program had a $1.9 million deficit and basketball had a $331,000 deficit last year. To anyone look¬ing at these figures, it might appear that we are attacking the wrong animals. The cows have gotten too big for the barn, so we are throwing out the chickens instead of putting the cows on a diet.” I want to meet Coach Banton someday — he’s got a way with words!

In my profession I have the privilege of counseling people regarding their per¬sonal finances. When someone’s expens¬es exceed their income, I advise them that they need to either raise income or cut expenses. Cutting expenses is almost always the easier route. But when they ask me if they can just stop making their car payments, credit card payments or the payments on their big screen TV, I have to remind them that those are obliga¬tions they took on willingly. Their budget cuts will have to come in other catego¬ries, like cutting down on their grocer¬ies or moving to a cheaper apartment. Integrity demands that you honor your obligations, even when it’s uncomfort¬able or inconvenient. Ohio University’s athletic department entered into an obli¬gation to swimmers, lacrosse players and track athletes when it recruited them and signed them to compete for OU. Budget cuts need to be made; but commitments need to be honored. OU could honor its commitment to these athletes by allowing their sports to phase out during the next three years. Meanwhile, make responsible budget cuts somewhere else — or maybe just do as Coach Banton suggests and put the cows on a diet.

Honesty and integrity. Recurring themes that Nate has probably noticed in the “letter after letter” he has read on this issue. I hope lots of people have noticed. I’m still hopeful that President McDavis and Athletic Director Hocutt will take heed. They do read The Post, don’t they?

Greg Sargent writes from Mason, Ohio, and is a
member of United Swim Parents.

ANews: Student Athletes Demand Answers After Axing of Swimming/Diving Program

2007-04-16T07:02:00.000-07:00

Student athletes demand answers after axing of swimming/diving program

Two Ohio University athletes whose sports teams were recently cut entered Cutler Hall Friday afternoon looking for answers directly from OU President Roderick McDavis during a rally to save the eliminated teams.

"We were told by his secretary that he was not in the office," said OU sophomore and former swimmer Matthew Bell, one of the students who tried to contact McDavis during the rally. "Of course, we were wondering why he would be out of his office at 3 p.m. on a Friday."

Bell and a large crowd comprised mostly of student athletes gathered for about 40 minutes in front of Cutler Hall to speak out against the recent decision by OU administrators to cut the men's swimming and diving, men's track and cross-country, and women's lacrosse programs. Other concerned students, parents of cut athletes and some Athens community members also gathered with the athletes.

The crowd provided resounding answers to several angry questions posed by swimmer Branden Burns via a bull horn pointed at Cutler Hall.

"Did we as athletes cause the deficit?" Burns asked the crowd. "Does this university have integrity?"

Those were among the many questions asked by Burns and several other students who got on the bull horn during Friday's rally concerning the alleged character of the administration displayed in carrying out the decision to cut teams.

"This whole thing has been done behind closed doors," charged Bell, who said he has been trying to contact McDavis directly for three months to no avail. "We just want to see a little more transparency from [the administration] and get some straightforward answers to our questions."

Bell said that the student athletes wanted to know why the programs could not be phased out instead of cut abruptly, and whether the administration thought that it had integrity based on this budget decision.

Eliminated athletes were not the only athletes out at the rally Friday. Several members of the women's swimming and diving team gathered to say that the men and women's programs were inseparable and that the women could not win the MAC Championship without the men's program in place.

The protesters even drew in bystanders when a young man on the bull horn called out to a passing group of visitors taking a tour of the campus. "Dear tour group," the protester said. "Do you want to go to a university that does not have integrity?"

In response to the concerns of the students that were expressed at Friday's rally, OU spokesperson George Mauzy explained that the decision was unavoidable and came down to a couple main reasons for cutting the programs. Mauzy said that fiscal challenges in the Athletics Department and compliance with Title IX were the reasons for the cuts.

"The university wants to make sure that each program that it supports can fully support its athletes and give them the full experience," Mauzy said.

Mauzy also said that the university is coming up on a recertification year and that it must be in compliance with Title IX by then.

"Absolutely everyone is devastated that it had to come to this," he said. "But the situation doesn't change because of that; it's a difficult reality."

Mauzy said that it was a difficult decision on the part of the administration.

"We empathize with everyone involved that it had to come down to this," he said.

After the crowd had congregated in front of Cutler Hall for about 40 minutes, Burns got back on the bull horn to break up the rally after it had become clear that they would not be talking to McDavis that day.

"We're still athletes, and we have to go to practice now," Burns said.

Post: Students Protest Sports Cuts

2007-04-16T06:54:00.000-07:00

Students protest sports cuts

Student-athletes affected by the Athletic Department cuts and their supporters gather outside of Cutler Hall Friday to protest the elimination of their programs.

“Does OU have integrity?” was Brad Stetson’s question for President McDavis during a protest against the Athletic Department’s program cuts Friday in front of Cutler Hall. Mr. Stetson is the father of Drew Stetson, a junior on the men’s swimming and diving team, which was one of the programs eliminated.

Sports Rally at Cutler Hall, OU President's Office

2007-04-15T09:57:00.000-07:00

Students seek answers at rally

CASEY S. ELLIOTT
Staff Writer

They came to Cutler Hall on the Ohio University campus Friday to get answers about why their sports programs at the university were cut.

But they did not get any answers.

A group of more than 100 students, athletes, family members and others interested in the issue gathered in front of Cutler Hall Friday in a rally hoping to get more answers and information about why Ohio administrators decided to cut men's indoor and outdoor track and field, men's swimming and diving and women's lacrosse. Those varsity sports will not longer be offered at the university. However, the person they came to see, OU President Roderick McDavis, was not in his office at that time to answer that question.

The university announced at the end of January that those sports would be cut, effective at the end of the 2007 season. The cuts take the number of university-sponsored sports down from 20 to 16, which is the minimum number of sports programs required to keep Division 1A standing with the National Collegiate Athletic Association. Men's track counts as two programs because it is indoor and outdoor.

OU Athletic Director Kirby Hocutt has said the cuts were based on maintaining Title IX standards of the Educational Amendments of 1972 and stopping OU athletics from operating under a deficit. The cuts, he said, would also improve the overall quality of sports at the university, because more would be invested in those sports that remain.

Student athletes in February asked the OU Board of Trustees to override the decision, but they chose not to, citing their focus as a policy-making board, not an administrative one.

The students gathered in front of Cutler Hall brought signs bearing statements of "OU does not uphold their core values" and "Don't drown men's swimming." In between chants and shouts, several students stated they have tried to get more information from the administration through more conventional means, and were brushed off.

Student Senate member Matthew Bell, one of the students present at the rally, said he has tried many times to meet with McDavis to discuss the reasons behind the decision. He said ultimately this rally resulted from that.

"I tried to do this professionally, but that is not going to work," he said.

OU men's swim team freshman Branden Burns said he is most troubled by the financial explanation given for the cuts. He said the university's deficit was not caused by these sports that were cut, since many of them have small budgets to begin with.

"It was not sports but the administration that brought the deficit," he said. "I don't understand why we have to be held accountable for their mistakes. They should clean up their department first, before they clean us out of our sports."

Brad Stetson of Barrington, Ill., the father of men's swimming and diving junior Drew Stetson, also expressed his discontent with the decision made. Stetson said he met with McDavis and Hocutt after the decision to cut the sports was announced, but also has not received a satisfactory answer involving the decision. He said the players on that team have endured a couple of years of cut funding for scholarships for the program, but have excelled in the sport nonetheless.

Further, Stetson said his eldest son, Brett, graduated from OU and also took part in the swimming program, and his daughter Liz, currently a senior in high school, has decided not to attend OU because of the decision. Stetson said historically, most swimmers train with both men and women, which helps the program as a whole, and cutting one side of that team affects the whole program.

Women's swim team captain Emily Wylam agreed. Wylam, a junior at OU, said there are currently few women on the swim team who focus on the backstroke -- which is her stroke -- so she usually trains with the men. She said this decision will impact her and the whole team, who view each other as family.

"They make me successful," she said. "This impacts how I train. They push me so much in practice."

Although Wylam has thought about relocating to another institution following this decision, she said she finds the thought of leaving the team unpleasant. However, it is hard for her to see members of the men's team leaving, she said.

"They are literally like a family," she said.

OU junior Ilse Petersen of South Africa agreed, noting that she came to OU because of the swim program. She said that cutting these sports out also cuts down on the diversity they bring to campus.

And though Petersen has also considered switching to another college, she has decided to finish her education at OU. Others, however, have made a different choice, she said.

"We are losing a lot of guys, a lot of girls," she said. "A lot of them are giving up because this is not what they signed up for."

celliott@athensmessenger.com

Great Letter to the Editor in the Times Recorder

2007-04-13T07:37:00.000-07:00

Column: Know the facts about OU dropping sports

By HERB FITZER
Guest Columnist

Ohio University recently dropped men's track and swimming and women's lacrosse from its athletic program. Ohio's administration would have you believe that Title IX caused this situation. A more ingenuous explanation is wanton spending by "revenue" sports and woeful institutional control of the athletic budget.

Although I coach "orphan sports," college football is my favorite, especially bowl season. Many labor under a misconception that big money is made from bowl games. Big money is made only at bowls that start with "BCS."

Ohio appeared in a bowl game, but spent hundreds of thousands of dollars more than they earned for the appearance. Because Ohio was in a bowl, Coach (Frank) Solich brought his team back to campus after Thanksgiving break and since the dorms were closed, housed and fed them in the Ohio University Inn (which is not owned by Ohio) one to a room until the bowl game. This is in addition to housing players in a hotel before all home football games.
Taxpayers should note that Ohio spends an average of $23,000 per athlete (above and beyond the scholarship) in basketball, around $13,000 per football player, and less than $400 per track athlete. Ohio flies to most of its MAC away basketball games. For these road games, Ohio sends an empty bus from Athens to transport the players from the airport. Next time you sign that tuition check, remember basketball and football lost around $10,500 a day in 2006.

Cutting track cost Ohio money. The NCAA contributed $22,000 to Ohio for men's track. They have women's track (men's and women's were combined) and cannot cut coaches and with men's cross country intact, they cannot cut scholarship money (they only have seven). The difference between money spent on track outside of salaries is over $3,000 less than the NCAA contribution. The same is true of swimming, which was "bare bones." Eliminating men's swimming saved only the cost of six scholarships!

This administration has no concept of fiscal reality. Football lost $1.9 million last season - and the basketball program lost nearly as much. The rest of the sports offered at the university lost a combined $1.9 million. If you look at it this way, Ohio has no "revenue sports."

One member of the athletic counsel, in a conversation with a student athlete affected by cuts, reportedly asked the swimmer, "why don't you just participate in another sport?"

Intercollegiate athletics can be a formative part of university life. Many students attend for the Division I athletic experience, and most, "go pro in something other than sports." Few have "full rides" and perks of the "big two" and compete for the love of sport.

Men's programs cut were leaders in campus in GPA and graduation rates. Students such as these go on to lead prosperous lives and become great alumni. Now they will be great alumni elsewhere. Maybe your child will be among them.

If what I have written disturbs you, don't take my word for it. Check it out yourself. Once you discover that Ohio spends YOUR money like it is their JOB, maybe you will disturb someone who will do something about it!

Herb Fitzer is head boys and girls track coach, and head cross country coach at Zanesville High School. This is a copy of the letter he sent to Ohio University.

Critique of Athletic Dept Report of NCAA Compliance Procedures

2007-04-11T08:03:00.000-07:00

I found document called “Governance and Commitment to Rules Compliance” issued by the Ohio University Athletic Department a few years back. I am not sure if this type of report occurs on an annual basis or if it was just an assessment of the Athletic Department’s compliance. I have not found any other such document, although I do know compliance staff is a very important part of every athletic department.

Anyway, this document outlines many important responsibilities and activities of the Athletic Department, including the need to stay in compliance with NCAA policies (as well as with U.S. Department of Education Title XI laws).

If OU deems is important to stay in compliance with NCAA policies (with a “zero-tolerance” policy), why hasn’t the compliance staff or Athletic Director Hocutt responded to my recent findings of blatant violations? I emailed Director Hocutt on April 2nd and still have not received a reply from anyone.

Click here for my analysis of the document.

Click here to access the document.

A New Post Letter to the Editor

2007-04-10T13:23:00.000-07:00

Title IX, finances not reasons for cuts

Administration officials are misleading students regarding the recent sports cuts. The university has cited Title IX and financial reasons for cutting the sports. Hocutt has continually said that due to inequality in the Athletic Department, the NCAA would not recertify the university next year unless the school added another women’s sport. He goes on to say that this is not feasible because of the financial crisis facing the Athletic Department. Seem odd? Well it does to me, especially since former Athletic Director Boeh said in a March 2005 interview with The Athens News that Ohio University was one of the top schools in the country for Title IX compliance. So how did we all of a sudden fall out of compliance with Title IX?

After consulting with Title IX experts,I have come up with what seems to be the actual reasoning for our sports cuts. Kirby Hocutt wanted to reinvest in revenue sports; however, he did not have the money to do so. Therefore, women’s lacrosse was cut due to their large athletic budget caused by the fact that there are no other schools in the MAC sponsoring lacrosse. This then causes an actual Title IX problem; the Athletic Department realizes that unless they cut men’s programs, they are open to a Title IX lawsuit by any one of the cut lacrosse athletes. This is why men’s swimming and diving along with men’s track were put on the chopping block. Then the question of discrimination arises. With the men’s teams’ budgets so low and fund-raising very feasible, financial obligations obviously were not a factor. That leaves three male teams cut due only in part because they were male athletes. Title IX was created to enhance women’s opportunities and not an excuse to blatantly discriminate against male athletes.

I overheard a student yesterday say, “OU used to be such a cool place; what happened?” I would like to ask the administration that exact question. What happened?

Branden Burns is a freshman political science and recreation management major.

5K to Assist Our Efforts

2007-04-09T07:11:00.000-07:00

The following is a letter from Robert Wayer, OU Track and CC alumnus:

Track Alumni and Supporters,

My name is Robert Wayner. I am an alumni of the OU Men's Track Team from 2001-05, and am currently still attending Ohio as a Graduate student in the Physical Therapy Doctoral program. I am sure most of you have heard by now that Ohio University has decided it will no longer offer Men's Track and Field as a varsity sport following the current season. I know many of you have been very involved with writing letters, and supporting the cause to have the team reinstated. I myself have written letters to President McDavis, Athletic Director Kirby Hocutt, and the Board of Trustees, and have been searching for more ways to help our cause as well as increase awareness about Men's Track at Ohio.

In the Fall, prior to the universities decision, the School of Physical Therapy decided it would hold a 5/10k road race to raise money for the Class of 2008 for research and other general funding. After the Athletic Departments decision, I, as the Race Director, decided to extend our race to raise money for the Men's Team, more specifically the 501(c)(3) Trust fund for the endowment of the program. I am aware that the Mr. Hocutt has said he will not support an endowment of the program, but I still think it is of great importance to raise the money to show how serious alumni our about keeping Men's Track at Ohio University as a varsity sport. Even if the money is raised, and we are turned down, it can still go to good use if the program is forced into a club format to fund those athletes who plan to stay. It my goal to raise a $5000 profit with this race, of which anything over that amount, 40 % will be donated to the fund, and anything under that amount we would try to hit the same $2000 donation that $5000 even would give. I know this is just a small amount in the big picture of what is needed to be raised, but it is my hope that this event will raise more attention, and increase awareness to our cause, as well as show that our will to fight has not faded. We have already started advertising on the streets of Athens, to our athletic teams with the help of current OU Track Members, and within the week we will be sending out press packets to all local newspapers and media outlets as well as those in the Cincinnati, Columbus, and Cleveland areas about our event.

I hope that I can count on all of you to support this event, and I encourage you to tell your family, and friends about the race. I would also like to personally invite you all to the event, to either take part in the race, or just to be guests. Attached with this email is a printable race entry form (we advertise that the race is to support the Track CLUB only due to the recent decline of the endowment fund), if you would be interested in just donating to the Track fund you are more than welcome to send your donation to us and we will make sure that it goes 100% to our donation to the track fund once the 501(c)(3)/Club fund is set up. If you have any questions please feel free to contact me anytime. Thank you for your help,thank you to all of you who have supported the cause to bring back men's track, and thank you to those who made Ohio Track what is. I could not have asked for a better experience in my four years, and I want others to get the same opportunities we had. Below is some quick info about the race:

Name: Buffalo Wild Wings Spring Stampede presented by OUPT Class of 2008
Distance: 5k run/walk and 10k race
When: May 19, 2007 at 10:30am
Where: Goldsberry Track, Ohio University
Why: To raise money for the OU Mens Track Endowment and OUPT Class of 2008
Register: http://www.active.com/event_detail.cfm?event_id=1424490
Facebook Link: http://ohio.facebook.com/event.php?eid=2259871772

Complaint to DoE over OU Cuts

2007-04-05T19:46:00.000-07:00

Title IX complaint filed over OU athletics cuts

By Jim Phillips
Athens NEWS Senior Writer
Thursday, April 5th, 2007

The Office for Civil Rights of the U.S. Department of Education is looking into a complaint filed with the agency against Ohio University.

The complaint alleges that OU's recent decision to drop men's swimming and diving as varsity sports programs violates Title IX of the Education Amendments of 1972.

Title IX prohibits discrimination on the basis of sex in all educational programs or activities that receive federal financial assistance.

DOE spokesman Jim Bradshaw confirmed Tuesday that someone filed a Title IX complaint with the OCR on March 13. According to Bradshaw, the agency typically takes about a month to evaluate such a complaint, to see if it wants to launch an investigation.

He said an evaluation is done "to see if we have jurisdiction in the case, if it involves allegations for laws that we enforce, such as Title IX, or Title VI of the Civil Rights Act (of 1964)." The OCR keeps the names of complainants confidential, Bradshaw added.

If the agency does decide there's reason to take up the complaint, he said, by way of public announcement "we would simply state that the case is under investigation." Bradshaw said an investigation of such a complaint typically takes about six months to finish.

According to the OCR's Web site, a discrimination complaint must be filed within 180 days of an allegedly discriminatory act.

Reasons the agency would choose not to accept a complaint for investigation might include the fact that it already has been investigated by another agency, whose determination meets OCR's standards; that it was filed too late; that the allegations raised by the complaint have been resolved; or that the complainant refuses to share information necessary to investigate the complaint.

The OCR also offers early complaint resolution, giving the parties a chance to work out their dispute before an investigation starts.

If this doesn't work, OCR will investigate by reviewing documentary evidence submitted by both parties and conducting interviews. After investigating, it make a determination on whether there is, or is not, sufficient evidence to support a conclusion of non-compliance with federal law.

If the OCR concludes there is evidence for non-compliance, and the offending institution is not willing to fix the problem, the agency will issue a letter of findings, and try once more to get the institution to agree to correct the violation. If the offender still doesn't cooperate, OCR can refer the case to the U.S. Department of Justice, or initiate administrative enforcement proceedings to cut off federal financial aid to the institution.

OU Legal Affairs Director John Burns said Wednesday the university had not yet been contacted by the OCR about the complaint.

Links to All Records Requests as of 4/3/07

2007-04-03T16:21:00.000-07:00

As of April, we have submitted three public records requests to Ohio University. So far, I have received two of them and one document for the third request and posted them on this blog. I have also posted all three request letters on here.

REQUEST ONE
Request Letter
Public Records I, II

REQUEST TWO
Request Letter
Public Records I, II

REQUEST THREE
Request Letter
Public Records I
* There will be much more documents rolling in for this request.

Public Records Request Part III: One document

2007-04-03T16:15:00.000-07:00

I received one document today from Ohio University as part of our third public records request. The document includes the missing pages of the OU internal audit of the athletic department, which was previously requested, but some sides of the pages were omitted accidentally by OU in copying.

DOWNLOAD HERE.

Letter to AD Hocutt Over Possible NCAA Violations

2007-04-02T10:05:00.000-07:00

Dear Director Hocutt:

As a former student-athlete at Ohio University, I am concerned about the recent elimination of four athletic teams. I understand that you cite Title IX compliance and funding issues as the rationale for the cuts.

However, while you and President McDavis have full authority to manage Ohio University athletic teams, there are still Ohio University and NCAA policies as well as state and federal laws and rules that must be followed.

I am concerned that the process followed to eliminate the four teams violated NCAA policies. Violation of NCAA policies is a serious offense that could bring ramifications to Ohio University.

NCAA Principle 2.2.6 states: “It is the responsibility of each member institution to involve student-athletes in matters that affect their lives.”

Director Hocutt, when you eliminated the four athletic teams, did you involve the relevant student-athletes in the decision which certainly affected their lives? What I have read in press releases and newspapers and what I have heard from current student-athletes and alumni indicates that they were completed left out of the process. In fact, the only students that I have discovered that may have actually known about the cuts ahead of time are the members of the OU Intercollegiate Athletics standing committee: Matthew Bell, Mark Skirtich, and Amit Borundiya. I believe only two of those students are actually student-athletes.

In addition, Principle 2.2.5 states: “It is the responsibility of each member institution to ensure that coaches and administrators exhibit fairness, openness and honesty in their relationships with student-athletes."

This is a very serious principle that may have also been violated. I have heard that current and prospective athletes were told by you and others that their team (or prospective team) was not going to be cut during the next four years. They were apparently told this during the time frame that the process to eliminate athletic teams already began.

Director Hocutt, it is my hope that you examine the referenced policies as well as all other NCAA policies to ensure that the process your administration followed did not violate any policy. If you find that your administration did violate a policy(s), I trust that you will inform myself, the relevant student-athletes and coaches, President McDavis, and NCAA President Myles Brand.

Post Editorial Tackles Faulty Title IX Implementation

2007-04-02T09:28:00.000-07:00

Feminist-enforced Title IX harms male, female athletes

It’s been more than two months since the Ohio University Athletics Department unceremoniously dumped four sports teams from its program, and the outrage among student athletes and supporters has not subsided. Unfortunate¬ly, they’re not alone. OU is one of many schools that has eliminated sports teams in compliance with Title IX, the federal statute feminists use to dictate their vision of “gender equality” in college athletics.

On Jan. 24, Director of Athletics Kirby Hocutt announced the elimination of men’s indoor and outdoor track, men’s swimming and diving and women’s lacrosse. In addition to budget constraints, Hocutt cited Title IX as the reason for the cuts, describing them as the first steps in “the development of a comprehensive gender equity plan.”

Title IX, first implemented in 1972, forbids sex discrimination in schools that receive public funds. The original statute said nothing about sports, let alone quotas or strict gender proportionality in athletic programs. But feminist busybodies in the Carter administration invented the “proportionality test,” which dictates that the proportion of men and women in college athletics must be roughly equal to that of the student population.

Proportionality is one of three ways that schools can demonstrate compliance with Title IX. Schools can also comply by proving they have “continually expand¬ed” athletic opportunities for women or that female athletes’ interests have been “adequately accommodated,” according to the NCAA’s Web site. However, since the other two conditions are highly subjective, proportionality is the only option guaranteed to prevent Title IX lawsuits.

Unfortunately, gender proportionality in sports is in direct conflict with human reality. Every reasonable person realizes that men are generally more interested in athletics than women — a fact that remains easily measurable despite decades of feminist bullying.

For example, a Brown University study of incoming college freshmen found that 50 percent of men expressed interest in joining a sports team, but only 30 percent of women did. According to the Media Research Institute’s Web site, 75 to 80 percent of ESPN viewers are men. And, according to the NCAA, the vast majority of “walk-on” college athletes are men. Walk-ons are non-scholar¬ship students who try out for a team after recruitment has concluded. The fact that many more men than women are willing to sit on the bench for years, with little chance of starting in a game, says some¬thing about men’s relative interest in sports. Women athletes might be just as dedicated to their sport as men, but they are fewer in number.

This gender disparity seems to bother no one except the ruthless busybodies responsible for enforcing Title IX. Count¬less teams have been eliminated to create the illusion that women are just as eager as men to play sports. A recent report by the College Sports Council found that 2,200 men’s teams have been eliminated since 1981.

In addition to cutting men’s teams, many universities create women’s teams for sports that are easy to learn (such as crew) and offer athletic scholarships to students with no experience, according to a 2005 Eagle Forum report. As hundreds of male athletes lose their scholar¬ships after years of hard work, women get full rides for sports they’ve never played. This is the feminists’ idea of “fairness.”

Of course, some feminists have other motives for supporting a law that forces elimination of male teams. The Feminist Majority Foundation had this to say about men’s sports on its Web site: “By encouraging boys to become aggressive, violent athletes, and by encouraging girls to cheer for them, we perpetuate the cycle of male aggression and violence against women.”

Ironically, the bureaucrats dictating “gender equity” in college sports have also inadvertently hurt female athletes. Since Title IX reduces athletics to a numbers game, departments often cut teams indiscriminately until they achieve pro¬portion — and some of the axed athletes are women.

It’s time for students to pressure Congress to ban the proportionality test from Title IX enforcement. College athletic departments should be able to address the unique needs of student athletes as they see fit, without being forced to fill arbitrary quotas. The gender-equity police may be displeased with human nature, but that doesn’t give them the right to destroy teams that men — and women — love.

Ashley Herzog is a junior journalism major. Send her an e-mail at ah103304@ohiou.edu.

Outdoor Season Begins.

2007-03-30T06:59:00.000-07:00

Matt from RUNOHIO has another great letter in the Post

2007-03-28T18:10:00.000-07:00

Popular men’s track programs help increase diversity

YOURTURN

Your help is needed in stopping Ohio University and other universities in Ohio from dropping track and field. Track and field is the most popular sport in the world and the number two or three sport in the United States and Ohio.

The Mid-American Conference universities have created a crisis in the track and field community. In the past few years, Ball State University, Bowling Green State University, the University of Toledo, Western Michigan University and former MAC school Marshall University have dropped men’s track and field. OU plans to drop it next year.

Why is the MAC destroying the most popular sport in the world? According to the National Federation of State High School Associations, boys’ track and field has the second most schools offering the sport with 15,497 high schools sponsoring a team. It ranks third in participation with 533,985 student-athletes.

In Ohio, 728 high schools offer boys’ track and field with a total of 24,219 student-athletes. This ranks boys’ track and field third in participation, with only 49 fewer student-athletes than baseball.

Track and field is one of the most diverse athletic programs at the collegiate level. According to the Ohio Board of Regents’ 2006 Performance Report, “Ohio University is the state’s least racially diverse college.” By cutting men’s track and field, the MAC universities have eliminated opportunities for both minorities and for all male track athletes. This is despite the fact that track and field is one of the most popular sports in high school and around the world. In fact, more countries are represented in track and field than any other Olympic sport.

The Title IX Web site states that “Title IX governs the overall equity of treatment and opportunity in athletics while giving schools the flexibility to choose sports based upon student body interest, geographic influence, budget restraints and gender ratio.” In 1999, Miami University dropped its indoor men’s track and field team to comply with the gender ratio issue. However, the university kept the outdoor team because it realized the popularity and diversity that track and field offers. How can universities destroy such a popular and diverse sport?

Whether you run or you are just concerned about the destruction of this popular sport, which provides opportunities for a diverse student body, please help save track and field at OU and in the MAC. What can you do? You can contact your university president, athletic director and board of trustees.

Your tax dollars help support your university, and the elected officials in Ohio need to know about this crisis. Write your U.S. Congress and Senate members to voice your concern — www.house.gov/writerep and www.senate.gov. Write to Governor Ted Strickland — governor.ohio.gov. Write the Ohio Board of Regents — regents@regents.state.oh.us.

For more information on this crisis, go to www.runohio.com.

If we work together as a community, we can help save men's track and field at OU and get the other MAC universities that dropped their programs to add men's track and field back in the near future.

Matt McGowan writes from Granville and is the editor and publisher of RUNOHIO.

Public Records Request, Part III

2007-03-26T19:21:00.000-07:00

Ohio University Office of Legal Affairs
Director John Burns
Pilcher House
Athens, Ohio 45701

March 26, 2007

Dear Director John Burns:

I am writing you to request public information. I do not intend to use or forward the requested records, or the information contained in them, for commercial purposes. Pursuant to the Ohio Public Records statutes, I deem the following information in the public’s interest to view. Therefore, I hereby request the following information:

1) All Ohio University plans for addressing minority opportunities in intercollegiate athletics programs from 1999 until the present. This would include all information from the Office of Institutional Equity (William Smith – Exec. Asst. to President) and the Athletic Department.

2) The entire memorandum response to James E. Walker (NCAA Committee on Athletics Certification) from President Robert Glidden dated July 10, 2001 concerning Ohio University’s certification review. Part of this memorandum was already provided by your office, but it only included Ohio’s response to issues #3 and #6. Ohio’s response to issue #5 (NCAA requirements to improve the university’s plan for addressing minority opportunities) is of particular interest.

3) Documentation and budget records that confirm whether or not Ohio University received funds from the NCAA Sports Sponsorship Fund for FY05, FY06, and FY07 and, if received, to which account(s) those funds were deposited.

4) Salaries (and all other financial compensation) for all Ohio University Athletic Department Administration for FY04, FY05, FY06, and FY07. This would include the Athletic Director, Associate Athletic Directors and their full-time assistants. This would also include, but not be limited to, the FY04, FY05, FY06, and FY07 salaries of the Director Marketing, Director of Video/Marketing, Director of Development, and Director of Football Operations.

5) The complete list of all graduate assistants, interns, and undergraduate student assistants as well as their salary/reimbursement/waiver/compensation for all administrative and athletic programs at Ohio University for FY04, FY05, FY06, and FY07.

6) Budgets and Expenditures for Marketing and Promotions and Development for Ohio University Athletics for FY04, FY05, FY06, and FY07. This would include, but not be limited to, advertising in the local media and in-game promotions for the six ticketed sports.

7) All information and data concerning summer school athletic aid, including but not limited to, the total amount spent by Ohio University for summer classes by athletes in 2004, 2005, and 2006, as well as a breakdown of which sport(s) each participant represented.

8) Ohio University Internal Audit that specifies the operating cost of Peden Stadium Tower floodlights. This cost allegedly was $14.28 /hr for FY06 and $14.58/hr for FY07. Please provide audit information that confirms or does not confirm these figures.

9) Documentation of the amount paid to Lamar Daniel, Inc. for the Ohio University Athletic Department Title IX compliance evaluation conducted in May, 2006.

10) Missing pages (2,4,6,8,10,12,14, and 16) of the May, 2006 Ohio University Internal Audit of the Intercollegiate Athletics Program that your office has already provided to me. I believe your office may have accidentally omitted those sides of the pages during copying.

11) Missing page (7) of the Lamar Daniel, Inc. report. I believe your office may have accidentally omitted this page during copying.

Thank you very much for taking the time to retrieve this information. Please arrange for the information to be mailed to the address below.

New OU Track Video on Youtube

2007-03-21T19:06:00.000-07:00

Creator: Susan Plungis

Bringing Back Men's Track Update

2007-03-18T18:35:00.000-07:00

To start off, I am very proud of how many current student-athletes, alumni, really old alumni, coaches, and fans have been active in this process. The bottom of this post is an update from a group of track alumni. But first, I wanted to provide a quick overview of what's going on.

Regarding the status of men's track at OU, well, it looks like the 06-07 season will be the last for a while... hopefully, a short while. There are many methods to bring back the team:

1) Lawsuit. There are many different angles that men's track can sue for reinstatement. The elimination of the four teams occurred in such an unusual, bizarre, and contradictory manner that a legal resolution is actually a really practical idea. I have no knowledge that a lawsuit is in the works. Alumni have met with lawyers and law firms, but there have been no definitive actions taken yet.

2) Raise money. And a lot of it. Alumni have told me that it will take $300,000 to convince the Athletic Department and President McDavis to reinstate the men's track outdoor team, which costs $12,500 a year to operate. Alumni are already in the process of creating a legal funding organization that can accept donations. The first wave of donations that come will undoubtedly be huge, but after that tide passes by, we will have to be committed to find donors. Advertising will be an important part of this effort.

3) Luck. A couple years from now, AD Hocutt could be long gone from OU, and President McDavis could retire early. These possible actions are realistic to consider. The search committees that is charge in replacing the administrators could very well require that the new hires bring back men's track.

I hope all of the words above are encouraging, especially the fundraising goal. By the way, IF ANY OF YOU KNOWS SOMEONE THAT HAS EXPERIENCE WITH OPENING A 501 (c)(3) TRUST, AND IS WILLING TO DONATE THEIR SERVICES, PLEASE LET ME KNOW.

Lastly, here is a long awaiting Track alumni update from a group of people:

- - - - - - - - - - - - - - - UPDATE FROM ALUMNI - - - - - - - - - - - - - - -

We would like to recommend to all track alumni that we set up a 501 (c)(3) non-profit charitable trust fund like West Virginia University track alumni have done. The WVU group has a website: http://www.fotaf.com (Friends Of Track And Field) and has on it’s board some great former track athletes like Dave Wottle, Doug Brown, Carl Hatfield, Mike Mosser, and many others. In our meeting with AD Hocutt, and Chris Delisio (Assoc. Director of Athletics for Development) the amount of $300,000 was determined to be the minimal amount to provide a $12,000 a year budget for outdoor (only) men’s track and field. We think this amount is very feasible and we think it is important to continue with the fund-raising even though they rejected our offer to fund the team for next year. I think some important reasons to continue securing the funds are: in the event that there is a change in leadership of the university and/or athletic department it is a lot more convincing to administrators to agree to something like reinstatement of a sports team when you have the money in place or at least almost in place. WVU reinstated their Rifle team because of a $100,000 grant from the state of WV and financial assistance from the NRA.

Another reason is that in the event of declining enrollments the administration will become a lot more desperate in their attempts to boost interest from potential new students. Again, it is a lot more convincing to have the funds in place before hand. And finally, it will make donating to the team easier. Instead of having to come up with quite a few $1000 – $2000 donations in a short period of time (two months) we will now have a longer period of time to contribute. We would also like to recommend that the donation our team receives from working the aid stations for the Athens Marathon (usually around $1000 each year) be contributed to this fund in the future (indefinitely). Any other alumni who organize road races that would like to contribute their race proceeds would be great. We would also like to know if we have anyone who is employed in the financial industry and is familiar with the 501 (c)(3) trusts if they could help set this up, if we decide to proceed. We’re looking forward to more input from other alumni!

Other items of interest:

Alumni are still compiling information and pursuing options in many different areas. Some of these areas are:

1) An active letter writing campaign with an immediate goal of continuing for at least one year and covering as many media outlets in Ohio as possible.

2) Legal action: a) encouraging Women’s Lacrosse to pursue legal action based upon Lamar Daniel’s report (May 06)that stated Ohio University could not legally deny any request by a new women’s sport team to be added to Ohio’s varsity sport status because ‘proportionality’ with the student body had not been achieved. b) Minority discrimination suit and c)Reverse discrimination suit by men’s team - if financial aspect can be completely ruled out. (We have requested from the NCAA confirmation of Ohio Universities receipt of Sports Sponsorship Funds and their exact amount. We will also be asking the same of Ohio University in our next Freedom of Information request). These type lawsuits have always lost in court - but Ohio University’s situation is unique from all others we have seen because the amount of money spent on the program was essentially a joke. The amount of money saved by the athletic department by cutting track is actually less than the total amount of received income from the NCAA Sports Sponsorship Fund and the fund-raising that the team did. The athletic department did not reveal to the university administration that it needed to retain the coaching staff and scholarship money for the remaining sports (men’s cross country and women’s cross country/track and field) to meet NCAA requirements, thus the only money saved was the $14,166 budget for each sport (Indoor and Outdoor). The athletic department implied in their financial savings statements that all of the budget and scholarship money would be saved. With money thrown out as an excuse, there is no other reason left than Title IX for the cut.

3) Plans to rent a billboard on U.S. Route 33 that criticizes the cutting of collegiate sports to supply more funds for the “arms race” as outlined by the Knight Commission (www.knightcommission.org) under the “About” page and described under topics “Ten Years Later” and “A Call to Action”.

4) Monitoring Robert D. Walters (Cardinal Health) investigation by the SEC and possible lawsuit action by the SEC based upon inaccurate accounting and earnings statements for Cardinal. Walters (not to be confused with track alumnus Robert Walter of Washington, D.C,) served on the Executive Athletic Committee that reviewed and recommended the sports cuts and hosted the meetings concerning the sports cuts between the Board of Trustees and Ohio Administration at Dublin (OH) based Cardinal Health last year. The investigation was reported by Barnet D. Wolf (bwolf@dispatch.com) of the Columbus Dispatch on Friday, January 26th, 2007 in the Business section. Ironically, this addition also announced the sport cuts at Ohio University. Any Alumni who have time to add to this investigation would be most appreciated. We would also appreciate efforts by Alumni to investigate into Frank Solich’s dismissal from Nebraska, there are lots of rumors floating around, but nothing substantiated yet.

Amazing Letter to the Editor in the Athens News

2007-03-15T10:50:00.000-07:00

Megan Sanders, who is one of the leaders for reinstating the four cut athletic teams, wrote a wonderful letter to the editor in the Athens News. Here it is:

Reader's Forum: OU's decision to cut four sports runs counter to NCAA priorities

By Megan L. Sanders

Thursday, March 15th, 2007

Dear Ohio University athletics director Kirby Hocutt: I am writing in response to the March 5 podcast delivered by NCAA President Myles Brand, in case you missed it. He addressed the ever-popular, "disturbing and very unfortunate" (Dr. Brand's words) trend of dropping collegiate varsity sports.

Although Brand admitted that schools do face financial problems, he stated that in some cases the overall athletics department's budget is not being cut, but rather spent differently. In other words, he states, "Some teams are being cut and others are being better supported."

This closely parallels OU's recent decision to cut four varsity sports, as you repeatedly mentioned "strategically reinvesting" the department's money at the Feb. 15 Board of Trustees meeting.

Specifically, in response to Student Trustee Lydia Gerthoffer's question of how cutting these sports would help the financial situation of your department, you responded, "There are financial savings and investments in cutting these other sports. The university has decided to strategically invest in other sports."

To me, and I am assured I am not alone, this sounds like a different reason altogether for the cuts: no mention of Title IX or paying down the $4 million deficit here.

If, in fact, this "strategic reinvestment" is the true reason behind the cuts, I agree with Brand's encouragement to be ethical about it: "If you want to redistribute the money, I think you have to think about if you are doing the right thing." Do you, Mr. Hocutt, think you are doing the right thing? If so, why won't you be honest about it?

But let's face one of the reasons you did give us: Title IX. Brand states that "these are not Title IX decisions. Justifying it by blaming Title IX really does a disservice to the many young women participating in sports." Prior to this podcast, he has stated (as many supporters of OU's four dropped varsity sports know), "I certainly hope no university cuts sports to comply with Title IX. There are always alternatives. The NCAA is always ready and able to work with an athletics department to identify acceptable alternatives to cutting sports" (emphasis mine).

At the Feb. 15 OU Board of Trustees meeting, you admitted that in fact, no, neither you nor any of your staff had sought the assistance of the NCAA when making the decision to cut these sports.

I find it ironic that Title IX is about creating equal opportunities for both men and women and now OU is using it as a scapegoat for eliminating sports. In fact, as you well know, women's lacrosse was added (for the second time) in 1999 as a result of Title IX. So, the sport was added and just as quickly eliminated as a quick-fix way to adhere to this law? Doesn't seem to add up.

In regard to the value of athletics to the student athlete, Brand states, "If intercollegiate athletics is really valuable as an experience for those who participate, you don't want to cut teams. If anything, you want to see if you can build up new teams."

Again, Mr. Hocutt, you and Brand seem to be at odds. The day you publicly announced the cuts, you declared, "It's obvious that because of our financial position, we are not providing our student athletes with the high-quality experience that is expected at Ohio University."

I beg to differ. If you had taken the time to ask any of the student athletes of the four cut teams how they valued their experience as an Ohio student athlete, I think they would tell you everything they loved about their experience, what they have gained from it, and how deeply they would regret having their team cut without a single mention of the lack of "high-quality experience" being provided to them.

So, I'm confused. And I think that was your goal.

If these cuts were about paying down this enormous and (until January) secretive deficit, please disclose the detailed plan of how the generously projected and potential savings of $685,000 (and that is only if each affected student athlete chooses NOT to stay at the school, therefore saving you that athlete's scholarship money) will go toward paying down the debt.

If these cuts were about Title IX, please disclose where in the written law it states that cutting participation opportunities for women and men is true to the law's intentions.

Finally, if this is, as you say, about "strategically reinvesting" the department's budget, please disclose the budget plans (which as of Jan. 25 were still unknown) for how the savings from these cut programs will be spent in alternative ways within the department.

I think that is the least you owe the student body, the current student athletes, their families, the alumni student athletes and supporters of the university - the truth.

Here is my truth: I am no longer proud to say I graduated from Ohio University and am ashamed I have supported and recommended a school that has treated its most important assets, the students, with such disrespect. Signed, Megan L. Sanders

Editor's note: Megan Sanders was a captain of the Ohio University women's lacrosse team, 1999-2002.

Article: State audit shows $$ performance of various OU sports

2007-03-15T10:43:00.000-07:00

From the Athens News:

State audit shows $$ performance of various OU sports

Thursday, March 15th, 2007

During the fiscal year ending last June, the only major Ohio University sports program that operated in the black budget-wise was men's basketball, according to a recently released state financial audit of OU.

The independent audit, conducted by Deloitte & Touche LLP, shows that in FY 2006, the men's basketball program took in revenues of over $1.52 million and had expenses of under $1.06 million, to end the year $463,899 to the good financially.

The men's football and women's basketball programs, by contrast, ran deficits of more than $428,000 and $227,000 respectively, the audit shows.

All other sports programs at OU combined racked up a deficit of more than $2.1 million, according to the audit, though non-program-specific sports (a separate category) helped cover this shortfall, ending the year with more than $2 million of revenues over their expenditures.

Overall, intercollegiate athletics programs at OU accounted for a loss of $281,557, the audit shows.

The audit, which looked closely at various parts of OU's budget, acknowledges that "in many respects, FY 2006 was a trying year for the university," because of widely publicized problems with computer security breaches and student plagiarism.

However, the auditors add, "with many eyes on its response, the university has taken ownership of those issues and is working diligently to address the IT (information technology) issues and to make good come out of those 'teachable moments' for our students."

One positive budgetary sign that shows up in the audit is an increase over the previous year in OU's total net assets at fiscal year's end. This number - total assets minus total liabilities - has increased from $462 million in FY 2004, to more than $482 million in FY 2005, and to more than $506 million in FY 2006.

As the audit makes clear, however, this increase has been made possible, in the face of falling state subsidy, partly by steadily increasing tuition rates.

OU increased tuition by 6 percent for undergraduates and 3 percent for graduate students, and increased room rates by 4 percent in FY 2006. The previous year, OU had increased both undergraduate and graduate student tuition by 9 percent, and hiked both room-and-board rates by 3 percent.

From FY 2004 to 2005, OU's state money support fell by more than $2.76 million, then fell by more than $2.25 million the next year.

However, "student receivables" - mainly tuition and fees - went up by more than $3.16 million from FY 2005 to FY 2006, owing to the tuition increase.

OU continues to build and renovate campus facilities, and after seeing its debt obligations in the form of outstanding bonds and notes drop between FY 2004 and 2005, from more than $175 million to about $167 million, that number went up in FY 2006 to more than $192 million.

Projects completed during FY 2006 include renovation of the Biddle Hall dormitory ($5.2 million), upgrade of the Lausche heating plant ($3.2 million), extension of steam to the Ridges ($1.8 million), conversion of part of Scott Quad from offices to student rooms ($1.3 million) and replacement of South Green conduits ($1 million).

Cumulative costs of projects still underway during FY 2006 - ranging from the new Baker University Center to the renovation of Alden Library's second floor - represent a cost of about $82.4 million, the audit says.

From FY 2005 to 2006, the university shifted its mix of investments. (These numbers do not include the sizable investments handled by the OU Foundation.)

OU has put more of its investment money in stocks and less in bonds. Compared to FY 2005, when the university had about 2.8 percent of its portfolio in common stock and 40.5 percent in equity mutual funds, those numbers went to 4.3 and 44.1 percent in FY 2006.

From having about 2.6 percent of its portfolio in corporate bonds and notes, and about 43.3 percent in bond mutual funds in FY 2005, OU in FY 2006 lowered those percentages to about 1.2 and 39.3 percent.

It also moved more heavily into mortgage-backed securities, upping its portfolio percentage from about 1.9 percent to about 6.4 percent.

My Letter to the NCAA

2007-03-12T08:08:00.000-07:00

After hearing NCAA President Brand's recent comments on the "Title IX Excuse" that Ohio University made, I decided to write him a letter, just as many of you have done. Following the NCAA route to reinstating the four teams is interesting. After all, they are the governing body of their member institutions. They have a 400+ page constitution and policies document that lists rules that institutions must follow. Why not examine these rules to see if OU violated any while eliminating the teams.

I spent 15 minutes reading the document and already found very serious violations. Read more in the letter below...

Dear NCAA President Brand:

I respect the great work you are doing at the NCAA. In response to the unfortunate and messy decision that was made at Ohio University, you stated that it was a "poor message" and was "unfortunate". I fully agree. To help fix the situation and to promote NCAA athletics, I ask you to take the lead in this crisis. As President of the NCAA, it is your responsibility to "initiate, stimulate and improve intercollegiate athletics programs for student-athletes".

Furthermore, it is your responsibility to oversee the appropriate execution of NCAA policies and principles, including Principle 2.2.6: "It is the responsibility of each member institution to involve student-athletes in matters that affect their lives."

At Ohio University, the Athletic Department and university administration did not involve student-athletes in a matter that directly affects their lives: the elimination of their team and student-athlete status without proper notification or participation in the decision-making process.

In addition, Principle 2.2.5 states: "It is the responsibility of each member institution to ensure that coaches and administrators exhibit fairness, openness and honesty in their relationships with student-athletes."

This is a very serious principle that was violated at Ohio University. Did you know that Athletic Department officials, including the Director, allegedly made false statement to prospective student-athletes before they signed their letters of intent? Did you know that the Athletic Director allegedly promised prospective and current student-athletes that their teams would not be cut during their tenure on the team?

In 15 minutes, I have already discovered the several NCAA policies that Ohio University has violated in regard to their elimination of four athletic teams. I can’t imagine what trained attorneys could find in a matter of weeks, or what the professional staff at the NCAA could find!

President Brand, please lead the thousands of student-athletes, students, alumni, parents, and fans of Ohio University. Please contact Ohio University officials to set a meeting to discuss how they violated NCAA policies to avoid potentially violating other policies. Please meet with the Athletic Director to discuss his false promises to student-athletes and prospective athletes. Ultimately, please ensure that your organization’s policies and constitution are not disrespected.

New Letter from RUNOHIO

2007-03-12T08:04:00.000-07:00

Another letter from Matt McGowan of RunOhio is below. And click here to read their March newsletter. And here is their article solely on Ohio University Track and Field.

Dear Running Community:

Your help is needed in stopping Ohio University and other universities in Ohio from dropping Track and Field. Track and Field is the most popular sport in the World and the number two/three sport in the U.S.A. and Ohio. Track and Field is also one of the most diverse sports in Ohio, the U.S.A. and the World.

The Mid American Conference (MAC) Universities have created a crisis in the Track and Field Community. In the past few years Ball State, Bowling Green, Toledo, Western Michigan, and former MAC school Marshall, have dropped Men's Track and Field. Ohio University plans to drop it next year.

Why is the MAC conference destroying the most popular sport in the World?

According to the National Federation of State High School Associations, Boy’s Track and Field has the second most schools offering the sport with 15,497 high schools sponsoring a team. It ranks third in participation with 533,985 student-athletes. In the state of Ohio, 728 high schools offer Boys’ Track and Field with a total of 24,219 student-athletes. This ranks boy’s Track and Field third in participation, with only 49 fewer student-athletes than baseball.

Track and Field is one of the most diverse athletic programs at the collegiate level. Many Track and Field teams have the second highest number of minorities participating among all intercollegiate athletic teams. According to the Ohio Board of Regents' 2006 Performance Report, "Ohio University is the state's least racially diverse college.” By cutting Men's Track and Field, the MAC universities have eliminated opportunities for both minorities and for all male track athletes. This is in spite of the fact that Track and Field is one of the most popular sports in both high school and around the world (in fact, more countries are represented in Track and Field than any other Olympic sport).

The Title IX web site states that, “Title IX governs the overall equity of treatment and opportunity in athletics while giving schools the flexibility to choose sports based upon student body interest, geographic influence, budget restraints, and gender ratio.” In 1999, Miami University dropped their indoor Men's Track and Field team to comply with the gender ratio issue. However, they kept the outdoor team because they realized the popularity and diversity that Track and Field offers.

How can universities destroy such a popular and diverse sport?

Whether you ran in high school, run for fitness, or are just concerned about the destruction of this popular sport, which provide opportunities for a diverse student body, please help Save Track and Field at Ohio and in the MAC.

What can you do? You can contact your University President, Athletic Director, and Board of Trustees to voice your concerns. But they do not seem to care.

Your tax dollars help to support your university and the elected officials in Ohio need to know about this crisis.

Write your US Congress and Senate members to voice your concern:

www.house.gov/writerep and www.senate.gov

Write to Governor Ted Strickland - http://governor.ohio.gov
Write the Ohio Board of Regents - regents@regents.state.oh.us
Write the President of the Ohio Senate, Bill Harris - SD19@mailr.sen.state.oh.us
Write the President of the Ohio House, Jon Husted - district37@ohr.state.oh.us
Write the Ohio House Chair of Education - Arlene Setzer - district36@ohr.state.oh.us
Write the Ranking Minority Member of Education - Kenneth Carano - district59@ohr.state.oh.us
Write the Ohio House Chair of Higher Education - Shawn Webster - district53@ohr.state.oh.us
Write the Ranking Minority Member of Higher Education - Peter Ujvagi - district47@ohr.state.oh.us
Write the Ohio Senate Chair of Education - Joy Padgett - sd20@mailr.sen.state.oh.us
Write the Ranking Minority Member of Education - Tom Roberts - troberts@maild.sen.state.oh.us

For more information on this crisis go to: www.runohio.com

Hopefully, if we work together as a community, we can help Save Men's Track and Field at Ohio University and get the other Mid American Conference universities that dropped their programs to add Men's Track & Field back in the near future.

Sincerely,

Matt McGowan
Editor/Publisher RUNOHIO

Provide Comments to NCAA President's Blog

2007-03-12T07:21:00.000-07:00

Many of you have already began flooding NCAA President Myles Brand's blog with comments about Ohio University athletics. Last week, President Brand discussed the problematic issue of universities cutting men's sports to comply with Title IX. Listen to his conversation here.

I think using the NCAA as an outlet for our concerns is important. The NCAA should have been contacted by OU during the months before they made the difficult decision. The NCAA openly offers to work with universities that are considering eliminating men's sports to comply with Title IX. Yet, OU chose not to use the NCAA's help, and instead made a horrible decision, without output from anyone outside Peden Tower or the Athletics Standing Committee and President McDavis.

If anyone knows how to make OU look bad and repel alumni, its Athletic Director Kirby Hocutt.

Public Records Request II - Several Documents

2007-03-08T14:37:00.000-08:00

The following are documents that I recently received from my second public records request. If the scans messed up, tell me what to rescan.

Cover letter from OU

OU Athletic Team Payroll and Costs Information

OU Institutional Research Enrollment Statistics
First Half
Second Half

Please disseminate these documents and comment or send me an email with your thoughts. Thanks.

Public Records Request, Part II, Documents Start Rolling In

2007-03-07T10:20:00.000-08:00

Ohio University has began submitting documents to me as part of my previous public records request. A lot of it has to be scanned, but some of it can be directly posted on here.

To start, here is a spreadsheet listing Ohio University athletic coach salaries that we requested.

Click below to access the spreadsheet.
http://spreadsheets.google.com/pub?key=p_17JtiQW9iQrmaY0bsLrYg

If you want this in Excel format, I can email it to you.

A letter from a 4-time MAC champion and All-American

2007-03-02T17:43:00.000-08:00

Dear President and Athletic Director:

The Mid American Conferences' past and future recognition and glory lies in the Olympic Sports. (By the way, that is what they are called today, not non-revenue) but my guess is you are too out of touch with the real world to understand such a marketing concept.

Stop dreaming and spending. Football on the Mid-American Conference level is a joke. Nobody cares about it, that is why nobody attends, and that is why it will never be on par to the Big Ten and other schools.

Eastern Michigan University, where I graduated from, gate revenue last year and all the other years was zero. However, every spring and summer, members of our track team make national championship teams, Olympic teams or club teams where, while the runner is competing during Prime-time on Saturday afternoons, I hear the announcer mention our University name 5-12 times in the 4 minute time span that our runner is competing. This is called public relations and brand recognition. Are University presidents and athletic directors so insulated from the real marketing world that they don't understand such advertising is worth millions to the university every year? (and during an Olympic year even more?)

Keep chasing the football dream that will ALWAYS just cost you money and in the process make you blind to the realities of brand recognition that Olympic sport success can bring to any MAC school. Keep closing your eyes until the regents some day demand answers to why football is sucking the life out of Olympic sports while at the same time breaking the University bank. Someday the regents will wake up and hold you accountable and you too will lose your jobs just as Judith Bailey at Western Michigan where her own stupid moves did her in.

Dumb, dumb dumb, dumb, dumb. Go back to marketing 101 next time you walk past your business building and learn about building a brand and brand identity. You will find the most economical sport to build a brand is with the Olympic Sports, not second-rate football teams nobody gives a rip about.

Gary Bastien
Eastern Michigan University, Class of 1981
4-time Mid-American Conference Champion, track & field
4 time NCAA Division I finalist and 2 time All-American
1984 Olympic Trials finalist
1983 Pan-American Games team member
25 years marketing some of the largest Fortune 500 companies in the =
world.

"United Swim Parents" Letter to the Post

2007-02-23T09:11:00.000-08:00

From the Post:

Your Turn: OU should implement phase-out for men’s swimming, diving
Letter to the Editor

In their own words:

“You will graduate a Bobcat swimmer.”

“Ohio University is committed to its Men’s Swimming program.”

“Ohio University is committed to Olympic sports.”

“There are no Title IX issues at Ohio University.”

The current issue on the table is whether President Roderick McDavis and Athletic Director Kirby Hocutt are men of integrity, willing to stand by promises made to induce high school swimmers and divers to sign letters of intent and after enrollment, to encourage student athletes to remain in the Ohio University swim program. The above statements reflect repeated promises made to current men’s swimming and diving team members regarding the program throughout their tenure at Ohio University.

On Jan. 12, 2006 Athletic Director Hocutt sent a letter on Ohio University letterhead to a number of swimmers “as a follow up to Coach Werner’s conversation with you regarding a very difficult situation.” The conversation that Mr. Hocutt referred to included all of the quotes above. Mr. Hocutt states in the letter: “I want to assure you that the Athletics Department is behind the Men’s Swimming & Diving program and will support you with all available resources. As reflected in our five-year plan referenced above, it is our department’s goal to ultimately return Men’s Swimming & Diving to its 2004-2005 scholarship totals.”

Ohio University’s Core Values and Guiding Principles are outlined on pages 20 and 21 of the Vision Ohio document: “Interactions among all individuals in the university community should be built on standards of civility, integrity, caring, and collaboration.” Webster’s online dictionary defines ‘integrity’ as a firm adherence to a code of moral values. Integrity involves honesty, honor, honoring your word and honoring your commitments.

On behalf of the United Swim Parents, Brad Stetson and John Schaefer met with President McDavis, Athletic Director Hocutt and Associate Athletic Director Rob Andrey on Feb. 16. We discussed the topics above and recommended a phase-out option for the programs that were cut to allow the current athletes to complete their athletic eligibility. This is the only fair course of action in light of the specific representations by the swimming coaches and Athletic Director highlighted above. Simply put, Ohio University has an ethical, moral and legal responsibility to honor the words and commitments of its own representatives. Current team members await President McDavis’ decision regarding whether promises made will be promises kept.—United Swim Parents

Article: Indoor Track & Field Championship: Team wants to be remembered for more than cuts

2007-02-23T07:37:00.000-08:00

This is from today's Post:

Indoor Track & Field Championship: Team wants to be remembered for more than cuts
Michelle Munoz / Staff Writer / mm162504@ohiou.edu

This weekend marks the last indoor track and field Mid-American Conference Championship that the Ohio men will ever compete in.

But don’t talk about that.

Thrower Eric Bildstein says that it is not what he wants people to remember about this meet.

“Everything we do seems like it’s overshadowed by this asinine decision,” he said. “I don’t want our team to be remembered for being cut in 2007. I want people to remember what we did here purely because of hard work and sacrifice that paid off, not in spite of what has happened but because this is what we love to do.”

Coach Clay Calkins said that he agrees with Bildstein and that this meet should just be looked at as a great meet.

“We’re trying to not put it behind us, but at least to the side and deal with the meet at hand,” Calkins said. “Everyone is ready to go. It’s been a trying time with everything that’s happened within the department for both the men and women.”

Brittany Vinson, who took first in the long jump at last weekend’s Buckeye Invitational, said she has a good feeling about this meet despite the fact that last year, both the men and women finished last.

“I think we have a better chance this year,” Vinson said. “This week, we haven’t had as vigorous training because we don’t want to be too tired when we go to the meet, and we want to do our best.”

Vinson noted that the presence of skilled freshmen should help the team place high this year. One of those standout freshmen has been thrower Bahiyjaui Allen.

“I feel good, I feel confident,” said Allen, who took first place in shot put at the State Farm Shell Games in Morgantown, W.Va., earlier this season. “I think things are going to go well this weekend.”

Ohio and 11 other teams will compete at the meet. All of the schools will have women competing and six, including the Bobcats, have men’s teams.

Last year, the Eastern Michigan men and the Akron women took home titles.

“We’re as ready as we’re going to be,” Calkins said. “Mentally I think everyone is ready to go.”

DC Alumni President Robert Walter's Plan

2007-02-23T07:21:00.000-08:00

This is a letter from Robert Walter, Track Alumnus and President of the OU Alumni @ DC.

Track & Field Supporters,

This is an update on the status of Ohio U. Men's Track Program

The coaches and I met with the Athletic Director on Tuesday (2/20).

During that meeting we proposed the following plan:
1. Eliminate Indoor Track
2. Keep the Outdoor track team with a smaller roster of athletes (35)
3. Raise an endowment that would fund the operating budget for the outdoor
season.

We asked the AD to give us an answer soon on our proposal. He said that he
would think about it and discuss it this week and get back to Coach Calkins
when the team returns from the MAC Meet first thing next week.

If he agrees to let us attempt to raise the necessary amount for an endowment,
we will have to move very quickly and aggressively to reach the level of
funding we would need by the time we would need to raise it by. We assume that
our deadline would be around the end of the school year/end of June - so that
all the athletes would know what is going on for the next year.

The level of funding we need to raise we estimate to be $300,000. This amount
would endow the team permanently with a payout each year of $12,000 for the
team operating budget. This amount would grow progressively as time goes on
because a portion of the interest will be reinvested in the principal to grow
the base.

We can add our fundraising efforts for the team onto the proceeds already
raised with the Elmore Banton Endowment Fund 3 years ago. This will slightly
ease the level of fundraising that we need to achieve. We currently have just
over $15,000 in the Banton Fund.

For our fundraising efforts we will first be sending out a mailing to all Ohio
Track & Field/Cross-Country alumni asking them to send in a pledge amount for
a donation to the fund.

We are not going to have anyone send in their actual donations until we
reached the level of pledges that exceeds the goal set by the Athletic Dept.
to fund the team. We didn't want to have to send refunds out if we don't reach
our goal. That way your money will only be used for the track team and nothing
else.

We plan to have the current track team members call all alumni asking for
pledges. I would also ask you and everyone we can reach to contact your
teammates from when you were here and ask them to give. It is one thing to be
asked by someone that you don't know for money, it helps if you are asked by
someone that you know.

My personal goal is to call everyone that I was a teammate with (86-90), or
coached in my two years as grad assistant (90-92) and ask them to help out. I
would ask you to do the same to everyone that you ran with on the team when
you were at OU.

We will be asking all the Coaches (Banton, Huntsman, etc..) to help in this
effort and reach out to the athletes that they coached and ask them to give as
well.

One thing you should ask your employers is whether they MATCH donations. Many
companies will match donations and this kind of thing can help us reach our
goals. The donations are going to the Ohio U Foundation, and are tax
deductible.

We also need to reach outside our circle of alumni if we are going to be
successful in this effort. Any individuals or organizations that have an
interest in seeing Track (in general) survive are encouraged to help! Please
get us their contact information, or ask them yourselves if you know them.
Think of any foundations that might support sports and reach out to them or
send us their contact info.

I am pledging the first $1,000 donation to help kick off this campaign to save
our team. We cannot let the oldest sport on the planet disappear from our alma
mater.

I am confident we will be successful in this effort, if the Athletic Dept.
allows us to try.

We will send out an update as soon as we have word from the Athletic Dept.
next week. In the meantime, keep the current team in your hearts and minds as
they compete in what is the last Indoor MAC Championships ever for the Men's
team this weekend.

Go Bobcats!

Robert Walter, '90, '92

Stan Huntsman Article in Athens News

2007-02-22T07:28:00.000-08:00

Famed OU track-and-field coach slams athletics cuts

By Nick Claussen
Athens NEWS Associate Editor
Thursday, February 22nd, 2007

Former Ohio University and U.S. Olympic track coach Stan Huntsman is not happy.

Huntsman, who also was an OU graduate student from 1954-1956, has asked university officials to take down his picture in the athletics department's hall of fame and has sent back his graduate degree. He is upset at the university's decision to eliminate four varsity sports, including men's indoor track and field and men's outdoor track and field, and has been speaking out against the decision.

OU officials announced in January that the university is dropping the men's indoor and outdoor track and field programs, as well as women's lacrosse and men's swimming and diving. Athletics department officials have claimed that the cuts had to be made because of a budget deficit in the athletics department and because the university is not compliant with the Title IX gender-equity law. Several current and former OU athletes have spoken out against the decision to drop the sports, Web sites have sprung up to "save the sports," and former OU track and field coach Elmore Banton has also spoken out.

Huntsman's decision to send back his degree was reported on in the Columbus Dispatch, and on Tuesday he talked about his decision and the response he has received from the university. He also sent a letter about the issue to The Athens NEWS, which appears in the opinion section of today's edition.

"As a former coach and former Olympic coach, I feel like I have to defend track and field," Huntsman said on Tuesday. The Austin, Texas resident coached track and field for 39 years, serving for 14 at OU, 15 at the University of Tennessee and 10 at the University of Texas. He coached 41 NCAA champions and four national champion relay squads. He also led the University of Tennessee to two national team championships and was named the NCAA National Coach of the Year six times.

Huntsman served as the head coach of the U.S. Olympic team in 1988, and as an assistant Olympic coach in 1976 and 1980 (which is the year the U.S. boycotted the Olympics). He also served as head coach for the U.S. teams at the 1983 world championships and the 1977 world cup. In 2004, he was inducted into the National Track & Field Hall of Fame.

"Actually, I got a nice letter from (OU President Roderick McDavis) today," Huntsman said. "He said he would certainly comply with my wishes (regarding his degree and remove his photo from the hall of fame). He hoped I would reconsider"

Huntsman said, however, that he does not plan to reconsider his decision.

"It's frustrating," he said.

Track and field is suffering, particularly at the Mid-American Conference level, where other schools have also dropped indoor and/or outdoor programs, Huntsman said. It is disappointing to see OU drop men's track and field as well, he said.

Huntsman does not understand why the university cannot find funding for track and field, and said that if the Title IX issue is so significant, it does not make sense to also cut a women's sport.

"Why are we becoming polarized and having fewer and fewer varsity sports?" Huntsman asked. Track and field has been a part of the university for such a long time, it does not make sense to just drop it, he said.

"I think there's a better way. At least try to raise the funds before you get the ax out," Huntsman said. "There are hundreds of Ohio University track athletes that would and could have salvaged the sport, if they had been approached and asked to."

HUNTSMAN ORIGINALLY came to Ohio to be part of the football program. While earning his graduate degree, he served as a graduate assistant for the football team. After earning his degree, he became the head coach for the freshmen football team in 1956, working for the head football coach at the time, the late Bill Hess.

He went on to coach men's track and field for 14 years, staying at OU until 1971, while also serving stints coaching cross country and swimming.

Since the announcement was made that OU will cut the four sports, Huntsman said he has heard from hundreds of his former students athletes.

"They all feel as I do," he said. "Most of them have written to President McDavis and to the athletics director."

Huntsman said he coached five national champions at OU, including Emmitt Taylor, who won the national titles for the 200-meter race and the 400-meter race in separate years. The track team finished eighth in the nation while he was coaching, and the cross country team finished fourth nationally one year, he said. "You work 16 years at a university and have all of these former athletes and all that time you put in there, and to see it all disappear, it's not a good feeling," Huntsman said.

While the women's track and field team will remain at OU, Huntsman said it will be hurt by the loss of the men's team.

"It will have an affect on recruiting," he said. "Men's and women's track teams tend to have a natural bonding throughout the United States."

Huntsman said he still has friends in Athens and makes it back to OU every four or five years. He occasionally hears from the university, but mostly just when the university sends letters or has students call asking for donations.

2007-02-20T18:19:00.000-08:00

This is a letter from Matt McGowan (of RUN OHIO) to NCAA President Dr. Brand:

Dear Dr. Brand:

On the Title IX web site under Athletics it states.Title IX governs the
overall equity of treatment and opportunity in athletics while giving
schools the flexibility to choose sports based on student body interest,
geographic influence.

How can one of the most popular sports in the State of Ohio and in the country be a sport Ohio University and many Mid American Athletic Conference universities decide to drop. Is it because you can count Men's Indoor Track and Field and the Men's Outdoor Track and Field program twice to reduce their men's number (in the OU case by 100 male athletes)? Would it be best if the NCAA didn't count indoor and outdoor track and field as two sports as it makes it a target for universities to cut? It would seem to me if the sport is this popular at the high school level; State funded universities should offer it to their students. (statistics listed below).

Another issue is the diversity of the track and field team. According The Athens Post on January 29, "Ohio University is the state's least racially diverse college and offers one of the lowest percentages of financial aid among similar schools in Ohio, according to the Ohio Board of Regents' 2006 Performance Report." Men's Track & Field has the third highest percentage of minorities on their team among the Men's OU sport programs.

It is my understanding that one of the main reasons why Miami University did not drop their Men's Outdoor Track and Field program in 1999 after their Athletic Director recommended it be dropped was the Board of Trustees saw it as one of the programs that attracted minorities to the university.

Some facts on track and field...

Men's Track and Field is the oldest sport known to mankind. Track and field has more countries in the world participating in the Olympic Games than any other sport. In Ohio there are 728 boys' high school track & field teams. Only basketball and baseball have more schools sponsoring a boys' team than track & field. According to the Ohio High School Athletic Association football has the most boys participating in a sport while boys track and field ranks third with 24,219 boys participating in Ohio high schools last year, just 49 fewer students athletes than second place basketball.

According to statistics from the 2005-2006 National Federation Association of State High School Association there were 15,497 schools offering boys outdoor track and field. Only boys' basketball had more high schools offering it than boys track and field. Boys high school track had the third most participants with 533,985, only football and basketball had more boys participating.

Sincerely,

Matt McGowan
Editor/Publisher RUNOHIO
www.runohio.com

A letter for an OU Track Alumni

2007-02-20T18:11:00.000-08:00

Bringing Back OHIO Track:

Thank you for creating your site dedicating to saving men’s track and field at Ohio University. I attended Ohio from 1992-93, working as a graduate assistant coach for Coach Elmore Banton while completing my Master of Science in Physical Education. It is doubtful that I would have gone into college coaching were it not for the opportunity to coach both the men and women’s track and cross-country teams at Ohio. While I am no longer working as a coach – having left the profession in 2000 – I still remain involved in collegiate track and field to this day. I have been doing the NCAA Division II Track & Field Team Power Rankings since 1998 and still occasionally work as a meet official. Ohio University shares the credit for that, which makes my anger and disappointment over their decision all the greater. As long as this decision stands, Ohio University will never see a dime out of me.

I have added a link to your site from my rankings Web site, www.d2rankings.com.

Brian Kavanaugh
81st President
The Nebraska Junior Chamber
2007: Rise to the Occasion

Text of the Q&A during the Board of Trustees Meeting

2007-02-20T18:06:00.000-08:00

I was sent the summarized text of the question and answer session during the OU Board of Trustees meeting last week.

Here it is:

Trustee Perry: Will scholarships continue for the current Student-Athletes?
AD Hocutt: Yes, they will continue for the duration of their college career.

Tr P: How has the communication process been?
AD: A letter will be sent on Monday to the S-A about their scholarships
continuing

Tr P: Is there a bridge from the university to the S-A affected?
AD: The university will help them transfer, contacted the NCAA and schools
to let them know the S-A's are released.

Tr P: Is it safe to think the calls will have influence?
AD: Yes, the coaches have good relationships and can help them transfer.

Trustee Harris: Are there opportunities for these S-A to participate in
other sports at OU?
AD: Yes, so far one lacrosse player has already approached the women's
soccer coach about playing. The coach is open to the conversation. The
opportunity for club sports at OU is also available

Trustee Perry: Isn't it counterintuitive to cut a women's sport?
AD: The university will now be in compliance with Title IX. OU is the only
lacrosse school in the MAC. Schools that could join the lacrosse conference
(ALC) would increase the travel budget. South Carolina and Univ of Georgia
have talked about starting a program and then joining the ALC.

Trustee Harris: What is the financial health of the Athletic Department
after this? How much does the Athletic Department depend on a fundraising
plan?
AD: We expect the revenue streams to continue to grow; increasing by 6%
through 2010. Football ticket sales and a non-conference game schedule will
help increase the fundraising. Corporate marketing should help revenue
increase by 54%.

Trustee Perry: One of the slide in your power point is troubling; the slide
showing total expenses per person. Why is there such a gap?
AD: OU has the second most athletic programs in the MAC. The university has
strategically invested in certain teams. Coaches in the athletic department
have been challenged to stay within their budgets, ie cheaper lodging, lower
per diem amounts.

Tr P: Will the slide change?
AD: Yes, OU is looking to maximize efforts for all teams.

Trustee Mitchell: Do you think there will be problems for those S-A
transferring to a school that has their own roster limitations?
AD: Not if the athlete is good enough. Transferring is common.

Tr M: With the women's sports that were added in the late 90s, why were
rosters not adjusted?
AD: In conversations with coaches the current roster sizes are where they
need to be for the program to be effective. Each sport is different.

Tr M: What if a sport wants to be a self-sustaining program?
AD: OU is a DI-A school and has standards. It is not an ideal idea.

Trustee Gerthoffer: I understand that lacrosse was cut because of the travel
budget but for other sports that have a women's component why would it help
financially to cut these sports?
AD: There are financial savings and investments in cutting these other
sports. The university has decided to strategically invest in other sports.

Trustee Browning: For the transition (phase-out) strategy, is there another
reason to not allow it beyond the money?
AD: Delaying the inevitable and with the environment the university is
facing, phasing out the programs was not in the best interest of the
athletic program.

Trustee Perry: Is the university helping the coaches of the sports cut?
AD: There are only two coaches affected, both of the women's lacrosse
coaches. For lacrosse, there are a lot of opportunities for coaching.

NCAA To Discuss OU Cuts On Monday, will take our questions

2007-02-20T11:02:00.000-08:00

Thanks to Save OU Sports for keeping us posted:

NCAA SITS UP AND TAKES NOTICE

Monday, February 19, 2007:

In response to a request from "OU Sports Fan," NCAA President Dr. Myles Brand will discuss the OU decision to cut varsity sports teams on his weekly podcast, "Mondays With Myles."

According to "Josh" on "Morning Coffee," Dr. Brand will discuss this issue on Monday, March 5.

Please tune in to the podcast. Before the podcast, at this link, you can post your questions for Dr. Brand to answer. It is important that as many of our supporters as possible take part. Click here for details.

Articles on Board of Trustee Meeting

2007-02-19T09:00:00.000-08:00

Student Senate, athletes speak out against plan to cut four sports
This is a great article that mentions the hard work of Student Senate, the Student Trustees, and Kirby Hocutt's ignorance.

No reversal in sport team cuts
This is an article from the Post that pretty much summarizes everything.

Trustee Plan Fails

2007-02-17T21:49:00.000-08:00

At their meeting this Thursday-Friday, the OU Board of Trustees decided to not decide on this issue, but later stated they have the authority to decide if they want to.

In other words, the OU Board of Trustees decided to maintain a hands off approach to one of the most significant issues facing the university since the plagiarism scandal. This is kind of ironic, because that is the same approach the Board maintained months before the plagiarism issue turned in to an international embarrassment for OU.

Here's the Athens Messenger article on the Board meeting.

Matt Bell's Report

2007-02-17T08:50:00.000-08:00

Matt Bell, a member of Student Senate and a former member of the OHIO Swim team, compiled a great report based on recent events and information gathered.

It is available here as a PDF. I definitely recommend reading it.

Recap of the Board Meeting

2007-02-16T06:48:00.000-08:00

I was not able to attend the Board of Trustees meeting yesterday, but I did hear back from some people about it.

Just to get this out there: nothing happened. No resolution was introduced. No decision was made. Instead, a couple of current track team members addressed the Board about the situation.

To my surprise, the Board knew very little about the situation and actually asked the track team members if they could "go out for another sport instead"....

That's like cutting the Brazil soccer team and asking Ronaldo if he wants to perhaps try softball. It's also like cutting the Art Education program at OU and asking the faculty if they want to try teaching "science class" instead.

In summary, the Board of Trustees did not understand this issue.

You would think that after calls, letters, emails, and meetings, the Board would realize the situation on the ground. You would think that various members of the OU administration would have educated them about this situation. Nope.

What are our options now?

1) Continue pressing the Board to understand the issue and take action.
2) Form a legal organization to accept donations for the reinstatement of the men's track team.
3) Quit.
4) Protest on campus until this situation warrants a "Day of Dialogue" in which the administration and students come together to form a comprise (just as they did with the alcohol policy last year).
5) Cross your fingers that Mr. Hocutt takes a new job soon, so that the student body can make the new candidates for AD pledge to reinstate the team or else they will not get the support of the student body.
6) Bring back Tom Boeh, who pledged to never cut an OU athletic team.
7) Sue.
8) "Go out" for another NCAA D1 athletic team...
9) Something else that I haven't thought of.

I have no idea what is the best course.

Cleveland PD Article on Track Cuts

2007-02-16T06:36:00.000-08:00

SPORTS CUTBACKS AT OHIO U.
Cold reality chills athletes, coaches

Friday, February 16, 2007

Drew Fattlar was trying to console his younger sister a couple months ago, searching for words to make her feel better, when he unknowingly predicted the future.

Lindsay Fattlar's rowing team had just been cut from the University of Cincinnati's athletic department in her freshman year, and she openly anguished about beginning her college search process anew in her transfer efforts.

As the two Westlake siblings huddled to find solutions and explanations, Drew shrugged and suggested that his position with Ohio University's track team wasn't any more secure.

"We'll probably be next," the junior distance runner offered.

Still, Fattlar was shocked a few weeks later in late January when Ohio Athletic Director Kirby Hocutt walked into an urgent meeting with the men's track and field team and told the group that its sport was one of four being slashed from the athletic department.

Men's swimming and diving, men's indoor and outdoor track and women's lacrosse will cease to compete for the Athens school after this academic year. The school cited financial and Title IX compliance issues.

Representatives from all four sports hoped that an Ohio University Board of Trustees meeting Thursday and today would save the programs.

The Board's chairman, R. Gregory Browning, however, said trustees will listen to complaints from student-athletes and alumni, but that he doesn't expect to overturn the adminis^^^^^^^^^^^^^^^^^^^^^^^^^trative decision.

"My view is that we are going to endorse the process and the outcome, even as we recognize how profoundly difficult it is to do this," Browning said.

Hocutt and OU supporters see the abrupt sports slashing as difficult but necessary amid a $4 million athletic department deficit and a failure to comply with Title IX regulations. Financial instability is most pressing, as OU was forced to abandon plans to add a women's sport to comply with the gender-equity law, Hocutt said.

Instead, OU must cut sports to reach equality, and in doing so will now field an NCAA Division-I minimum of 16 teams. OU's athletic department has committed to pay the athletes their due scholarship money until they graduate or leave the school.

Angry student-athletes and alumni see a school that has made football its primary focus, spending lavishly since high-profile coach Frank Solich was hired two seasons ago, and pouring more money into the team after it played in the GMAC Bowl last season.

A Web site to centralize efforts to keep the sports, www.saveousports.org, criticizes the $531,105 reportedly spent by the football team to travel to the bowl game in Mobile, Ala., among other perks, while Hocutt admits that cutting the four sports will save only $685,000.

The two sides have clashed openly since the Jan. 25 announcement to discontinue the sports. Hocutt met with student-athletes in an open forum to discuss concerns. He listened to a proposal made by track members that the school consider phasing out the sports over the next three years so that athletes already at OU could finish their careers at the school - a proposal which he dismissed a day later. Now, the last-ditch effort to appeal to the Board of Trustees.

Hocutt heard the stunned silence give way to a swelling movement to save the teams. Web sites have been established and donations sought. OU's Graffiti Wall was spray-painted to criticize the action. T-shirts mock the focus on football, proclaiming, "Got Frank? Lost swimming, lost lacrosse, lost track."

Prominent alums have condemned the actions. At least one, former OU track coach Stan Huntsman, who also coached the 1988 U.S. Olympic team, sent a letter to the school demanding that it remove him from alumni records and "dismantle and destroy my pictures that appear in the Ohio University Hall of Fame."

But Hocutt has no regrets about either how the decision was made or how the announcement was handled. Hocutt said he formed an advisory committee made up of faculty members and former athletes - but did not include current student-athletes.

"The thing that bothered us the most is that the entire thing was done behind closed doors," said Eric Vandenberg, a junior pole vaulter from Medina. "There was no discussion, no open debate about this. No input from students or any of the athletes who were to be affected by these cuts."

Hocutt defended the process, which he calls the first step in a "long-term recovery plan" to cut athletic department costs.

"There's no easy way to do this," said Hocutt, who has been at OU for 18 months. "I certainly understand the students wanting to be involved in the decision. But I did not, and still do not, think these are appropriate matters for us to discuss with them or within our community."

Hocutt said he talked with administrators at other schools that have had to cut athletic programs in recent years. In the MAC, alone, 22 sports at seven other schools have been slashed since 1999.

"The decision is final," Hocutt said. "As unfortunate as it may be, the decision is final."

So those left focus on how to find motivation to go on.

Greg Werner, the swimming and diving coach, will lose the men's team but remain to coach the women's team.

"I have mixed emotions," Werner said. "Certainly the knee-jerk reaction is that I don't want to be here anymore, but then I realize I owe it to the program to stay here and protect the program, to stay here and fight."

Upperclassmen have encouraged underclassmen to transfer, and athletes such as Fattlar and Vandenberg who don't want to lose ground on their majors search for incentive to compete in their final track season at OU.

"One of the big things that's hard right now is separating the administrators from the school," Fattlar said. "That's the way we have to think about it. We all came to Ohio University because we love this school and everything about it. This was a decision made by administrators. It wasn't Ohio University."

Said Vandenberg: "The first couple days, even the first week after the announcement, I didn't want to go to practice. That's the first time in seven years of track and field that I didn't want to go to practice.

"Now, the realization has sunk in that this is my last chance, so I'd better take it very seriously and throw everything I've got into it."

Athens Messenger Article on Track Cuts/Student Senate/Squirrel's Failed Plan

2007-02-16T06:34:00.000-08:00

Athletic director rejects student's proposal
Plan calls for gradual phasing out of sports teams

Though the decision to eliminate four Ohio University varsity sports - men's swimming and diving, men's indoor and outdoor track and women's lacrosse - was proclaimed "final" two weeks ago at the University Town Hall Meeting, efforts to salvage future seasons persist among students.

Craig Leon, senior member of the men's outdoor track team, presented a proposal to Athletic Director Kirby Hocutt earlier this week, calling for the gradual phasing out of the sports affected by the recent cuts, instead of their outright elimination.

"I'm not ready to believe we're not going to have a track team next spring," Leon said.

However, Leon said his plan was rejected by Hocutt. Ohio University Student Senate approved a resolution Wednesday night condemning Hocutt and asking that the proposal be reconsidered.

Leon's proposal calls for the elimination of the men's indoor track team and a phasing-out period for the men's outdoor track team, men's swimming and diving team and the women's lacrosse team.

By Leon's calculations, this combination would keep the university in compliance with Title IX by adhering to the tenet of Title IX that would require a university to "provide participation opportunities for women and men that are substantially proportionate to their respective rates of enrollment of full-time undergraduate students," as defined on the NCAA Web site.

Maintaining compliance with Title IX was among the main justifications Hocutt provided for cutting the four teams.

According to Leon, the athletic director considered his proposal for "about 30 hours" before saying that it would not work.

Leon said that gradual reduction of team membership as the classes graduate would provide the current athletes with an opportunity to finish out their careers as Bobcats. He also pointed out that individual members of the men's swimming and diving teams, as well as the men's outdoor track team, have the potential to qualify for MAC and NCAA titles, which he said further justifies the phase-out option.

Leon attended Wednesday night's meeting of the OU Student Senate to speak out about the proposal and its rejection, as well as seek support from the senate.

Later on Wednesday night, Student Senate passed a resolution condemning the actions of Hocutt and the athletic department in regard to this proposal and calling for justification and reconsideration.

Primary sponsor At-large Senator Matt Bell said that once again the administration has ignored the student voice on this issue.

Vice President Paul Crites, also a sponsor, said that he sees this closed-door decision as "another deliberate and unabashed disregard" for student input. Crites said that the proposal is both fair and reasonable.

"The phase-out plan would not cost the university a single cent," Crites said. He said that student athletes have previously demonstrated their ability to raise money.

The men's outdoor track team, for example, raised $5,000 last season and received an additional $5,000 in donations from alumni. According to Leon, $10,000 is enough money to make the team self-sufficient.

"I don't understand why we are being cut," Leon said.

The Special Committee on Athletics, of which Bell is chairman, has formulated a petition to "show that students care about this issue," Bell said. He and other volunteers plan to begin circulating the petition this week.

Track Report Issued to the OU Board of Trustees Today

2007-02-15T19:24:00.000-08:00

The following is a report issued to the Ohio University Board of Trustees at their meeting this Thursday-Friday at the Chillicothe campus. It was compiled by OHIO track alumni.

To the Ohio University Board of Trustees:

At the Ohio University athletics executive committee meeting on Nov. 1, 2006 in Columbus, Ohio a plan was presented that recommended the dissolution of selected sports at Ohio University in order to address three key issues: Finances, Title IX, and Student-Athlete Welfare. Fundamental elements of this plan were flawed or misrepresented as outlined below.

Financial: Balancing End of Year fund balance

1.) At the executive committee meeting three options were presented for the dissolution of sports at Ohio University (see attachments). The intent of the dissolution was to stabilize the EOY fund balance from it’s current negative trend (with losses of over $1 million per year). Option 2 was chosen, the only option which continues the negative trend and adds another $1.2 million in debt by FY 2010. Option 1 and Option 3 both stabilized the EOY fund balance and produced a slight gain by FY 2010. It is fiscally irresponsible for the athletic department to chose Option 2 considering the departments state of fiscal emergency and the unlikelihood of substantially increased revenues in the near future. Either Option 1 or Option 3 should have been chosen.

2.) The loss of men’s track & field will actually result in a loss of direct revenue for Ohio University. The NCAA Sports Sponsorship Fund contributes $22,000 to a University for each sport it offers above the NCAA minimum number (16) of sports required to qualify as Div. I-A in football. The operating budgets for men’s indoor and outdoor track are well below this mark. Each sport (both Indoor and Outdoor) has received the following budgets for the last three years:

FY05 - $12,588 FY06 - $21,276 FY07 - $14,166

These budget figures do not include coaching salaries because there can be no reduction in track coaching staff, even with the elimination of Men’s Indoor and Outdoor Track. The NCAA recommends three full-time coaches for women’s track/cross country and three full-time coaches for men’s track/cross country and Ohio University is currently at 1/3 of that total number – hence there can be no reduction in staff because the women’s team is being retained. These figures also do not include scholarship funding because all of the Men’s Track & Field scholarship funds were needed to fund the remaining sport of Men’s Cross Country. At Ohio University the budget and scholarship funds for Men’s Indoor & Outdoor Track & Field and Men’s Cross Country have always been combined. This is common practice at most NCAA institutions, but there was no mention by the Athletics Executive Committee of the fact that funding for both scholarships and operating budget for the remaining sport of Men’s Cross Country would represent an additional expense that would lessen the amount of total savings to the EOY fund balance.

3.) The Projected Cost Savings by Option (diagram) and Projected Fund Balance by Option (diagram) presented by Mr. Kirby Hocutt and Mr. William R. Decatur at the Executive Committee Meeting (Nov. 1, 2006) are misleading because they imply that there will be cost savings and a reduction in expenses by eliminating either Men’s Indoor and Outdoor Track and Field. This is simply not true. All of the cost savings and reduction in expenses comes from the elimination of Women’s Lacrosse ($479,897 – salaries included) and Men’s Swimming and Diving ($40,975 – salaries not included). As outlined above, the loss of Men’s Indoor and Outdoor Track & Field actually leads to a loss of revenue for Ohio University. With the elimination of financial issues as justification for the dissolution of Men’s Indoor and Outdoor Track & Field the Executive Committee attempts to use Title IX as the other justification. That issue is addressed below under Title IX.

Title IX:

1.) According to the Office for Civil Rights, a federal organization under the US Department of Education, there is “nothing in Title IX that requires the cutting or reduction of teams in order to demonstrate compliance with Title IX, and that the elimination of teams is a disfavored practice. It is contrary to the spirit of Title IX for the government to require or encourage an institute to eliminate athletic teams.” Therefore, even the federal government, who mandates compliance with Title IX, emphatically disapproves of the elimination of sports to maintain compliance. Myles Brand, the President of the NCAA, said recently: “I certainly hope no University cuts sports to comply with Title IX. There are always alternatives. The NCAA is always ready and able to work with an athletics department to identify acceptable alternatives to cutting sports. It should not be the case that men’s participation opportunities are diminished to comply with Title IX.”

Ohio University athletic department officials made no attempt to contact anyone at the NCAA before deciding on the dissolution of sports.

2.) In terms of scholarship money and gender equity in coaching staff the ‘net’ loss of the dissolution of all four sports will be 12 full equivalency scholarships (designated for female athletes only) and two full-time coaching positions (both occupied by women). In terms of the athletic departments budget women’s athletics will now receive 31% of the total budget instead of the 32.7% of the budget they received before the dissolution of the four sports. These actions certainly do not represent continued compliance with Title IX for Ohio University.

3.) Recommendations from report by Lamar Daniels, Inc. (Title IX consultant) for Ohio University in May, 2006 stated that there were many areas of concern for Ohio University, two of which were availability of coaches and recruiting for female student-athletes. Of the three new full- time assistant coaches positions created for FY 07, one was for Men’s wrestling, a sport for male participants only. This is a direct violation of the recommendations by Lamar Daniel. It is questionable as to why an athletic department in a state of fiscal emergency and out of compliance with Title IX coaching availability would create new full-time staff positions that serve male athletes only.

4.) The Executive Athletic Committee did not follow the recommendations from Lamar Daniels, Inc. concerning which sports to eliminate, if necessary.

5.) During the past year Head Men’s and Women’s Track & Field/Cross Country Coach Clay Calkins offered on three occasions to Ohio athletic department administrators to voluntarily allow the dissolution of Men’s Indoor Track & Field. He also asked if roster limitations could be employed for the remaining sports of Men’s Cross Country and Men’s Outdoor Track and Field in an effort to save a viable program with a chance for success in the future. Each time he was told “that it was not necessary at this time”. The proposal outlined in appendix A demonstrates that Title IX compliance can be satisfied by eliminating Men’s Indoor Track & Field, preserving Men’s Outdoor Track & Field, and instituting roster limitations to meet proportionality between student-athletes and the general student body. Why was this option never allowed to be brought to the table?

Student-Athlete Welfare:

1.) At the executive committee meeting operating expenditures were presented for all Ohio University sports to demonstrate that Ohio sport teams were dramatically under-funded when compared with other Mid-American Conference and Division I-A schools nationwide. This information was from FY 05 (July 1st, 2004 to June 30th, 2005) and is outdated. It could be construed from the FY 05 data that Ohio University athletic teams are tremendously under-funded and that the dissolution of sport teams is the only option available for providing more operating budget for remaining teams. Instead, the 2006 Division I Financial Report (July 1st, 2005 – June 30th , 2006) should have been used for the study because it shows significant changes from the FY 05 data. It is of particular interest to note that select sports teams at Ohio University received large increases in their FY 06 budgets which moved them to the top of the Mid-American Conference, as well as top half in the country (see attachment).

For example Football received a 279.3% increase in their operating budget during the past two seasons, moving the program to 2nd in the MAC in terms of operating budget. The FY06 operating budget for Ohio University Football is $197,706 more than the entire men’s athletics operating budget (six sports) for Central Michigan University. The Ohio Women’s Volleyball Programs FY 06 operating budget of $133,670 (1st in the MAC) was twice the MAC conference average ($58,795). Some of this increase for particular sports is justifiable (i.e.- Football team to win more games, Volleyball team to travel to California in pre-season to compete against Top-20 ranked competition, etc.). However, it seems suspect that some Ohio teams jumped to the top of the MAC in terms of budget while others that were also highly successful (i.e. -Women’s Cross Country – 2006 MAC Championship with new record-low score for 12 team field, also ranked 47th out of 323 teams for NCAA Div. I) yet remains 11th of 12 in their FY06 and FY07 operating budgets compared with the rest of the MAC.

Despite the gloomy outlook of FY05 data presented at the Athletics Executive commmittee meeting on Nov. 1st it would seem that the ‘quality of athletic experience’ students receive at Ohio University based upon FY06 and FY07 data is in fact very good, depending upon the sport. And once again, the fact remains that in a current state of fiscal crisis for the athletic department such extraordinary budget increases for select sports seen unwarranted, particularly when accompanied with the dissolution of other sports at Ohio University.

Other important aspects not considered in this “comprehensive” study:

Diversity
1.) According to the Ohio Board of Regents’ 2006 Performance Report:

“Ohio University is the state’s least racially diverse college and offers one of the lowest percentages of financial aid among similar schools in Ohio”. The Ohio University men’s indoor and outdoor track currently has 15% minority participants, third highest of all sports at Ohio. Historically speaking, the Ohio University’s Men’s Track Team always been one of the top three varsity sports in terms of offering opportunities for minorities to participate in a varsity collegiate sport and earn collegiate scholarships. Ohio University has a proud legacy of successful minority athletes. Les Carney, an athlete coached by legendary Ohio Coach Stan Huntsman, became Ohio University’s first Olympian and only African-American Olympic medalist in 1960. Elmore Banton was the first African-American to win a NCAA cross country title while a student-athlete in 1964. Banton later coached Ohio’s men’s and women’s track & field/cross country teams for twenty-three years. Are these not the same type of goals that current Ohio University President Roderick J. McDavis envisions accomplishing with the Urban Scholars program? Despite the “hundreds of hours of comprehensive research” that went into the Athletics Executive Committee plans, the word ‘diversity’ is not referred to on a single occasion.

2.) Another new program created by Pres. McDavis is the Appalachian Scholars program. The track and field team has provided more local high school athletes an opportunity to participate on a varsity collegiate sports team than all other sports at Ohio University combined. During the past five years there have been a total of six athletes participate on the track team, representing Athens, Alexander, Federal Hocking, and Trimble High Schools - four of the five high schools located in Athens County. In addition during the past five years there have been sixteen athletes representing such nearby schools as Belpre, Logan, Eastern (Reedsville), Middleport (Ohio Valley Christian), River Valley, (Cheshire), Warren (Vincent), and other schools within a 45 minute drive of Athens. In addition, the current part-time coaches for the women’s and men’s teams are graduate of Ohio University and former varsity athletes of the Men’s Track & Field team. One coach is a graduate of Vinton County High School where he was the inaugural inductee into the schools Athletic Hall of Fame. The other coach serves as a junior high math teacher for the Trimble Local School District. Both of these coaches are paid less than $10,000 per year (less than the bonus paid to Head Football Coach for winning the MAC East Division). The permanent loss of such opportunities for Ohio University Men’s Track & Field athletes to become coaches who ‘give back’ to Ohio University constitutes a huge loss for Ohio University.

Again, it seems that Dr. McDavis may not be aware that he already has an Appalachian Scholars program in place that is accomplishing wonderful success, and most likely at a much cheaper cost than the much publicized Urban and Appalachian Scholars Programs.

4.) Student quality seems to be another factor that wasn’t considered in the Executive Committee plans. Eliminating Men’s Outdoor Track & Field will have a detrimental effect on the Men’s Cross Country team. This team, like it’s female counterpart, has the highest cumulative GPA of any sports team (male) at Ohio University. Many of the student-athletes currently on the team would have chosen to attend smaller, more academically oriented schools if not for the opportunity to participate in NCAA Division I athletics and receive a good-quality education at the same time. Some of the student-athletes that participate in both cross country and track & field are among the highest academically performing students for Ohio University as a whole. Most of them would not have attended Ohio University if it were not for the the opportunity to participate in both cross country and track & field. Given the falling retention rates of the past six years are these are these the type of students we should be discouraging from attending Ohio University?

5.) At this point in time it is difficult to quantify the exact value of financial support that Ohio University will lose as a result of the dissolution of Men’s Track and Field. Several hundred alumni can already be documented as stating “They will never give another dime to Ohio University.” Many more have stated that they will not recommend Ohio University to prospective students. An petition recently circulated at the Ohio High School Cross Country/ Track Coaches clinic received over 1000 signatures denouncing the cuts. Men’s Track and Field is the second largest team and has the second largest alumni base (other than football) of any sport at Ohio University. It is also closely inter-related with four sports that are remaining at Ohio University – Men’s Cross Country, Women’s Cross Country, Women’s Indoor Track & Field, and Women’s Outdoor Track & Field. The potential damage to future enrollment at Ohio University as a result off this decision could be considerable. In a time of increasing competition for prospective students this is problematic for the future growth of Ohio University.

Summary

In summary, although a large volume of material was researched and presented during the comprehensive study by the Athletics Executive Committee, significant portions of the data presented were outdated or inaccurate. Consequently, some of the conclusions drawn from it are flawed. It is highly unlikely that anyone on the Athletics Executive Committee could score a cross country meet, let alone understand the complex interrelationship the sport shares with Track and Field in terms of recruiting and development of a successful men’s and women’s cross country program. An internal or external source for such information should have been consulted.

It is also understood that Ohio University Administration and Ohio University Athletic Department Administration are fully charged with the right to make decisions as they see fit concerning such matters, but more input from professionals in the decision making process would better serve the best interests of Ohio University and it’s Athletic Department.

Conclusion

It is recommended that Ohio University consider the precedent set by the Miami University (Ohio) Board of Trustees in 1999. Miami University Athletic Administration decided to eliminate five men’s sports in 1999, including Men’s Indoor and Outdoor Track & Field. Upon further review the Miami University Board of Trustees recommended a reconsideration of the decision and suggested reinstatement of Men’s Outdoor Track & Field only. It turned out to be a good decision for Miami University. It allowed their Men’s Cross Country team to remain competitive in recruiting, both in the MAC and NCAA Div. I, which in turn has allowed Miami to remain competitive in the MAC and NCAA championships. Today the Miami University cross country program is one of the most successful men’s sports at the university, with a 14th place finish in the NCAA Cross Country Championships in 2003 and three individual All-Americans during the last five years. In the case of Ohio University, the reasons for reinstating Men’s Outdoor Track and Field are even more compelling because the programs operating budget is below the NCAA Sports Sponsorship Fund level. In other words, as Ohio’s seventeenth varsity sport it will bring in more money that it loses.

We sincerely hope that Ohio University Board of Trustees will uphold Ohio’s strong tradition of graduation rate performance and provision of social mobility for traditionally underserved groups and recommend reinstatement of Men’s Outdoor Track & Field.

Akron Beacon Journal Covers OUR Efforts

2007-02-13T10:49:00.000-08:00

Excellent article from the Akron Beacon Journal:

GONE IN A FLASH: Bobcats reeling from news three sports will be cut

By Stephanie Storm
Beacon Journal sportswriter

Three weeks after Eric Vandenberg and his teammates were called to an impromptu track practice at Ohio University's Convocation Center, they are still reeling from the surprising news that heads of the athletic department dropped on them.

Athletic Director Kirby Hocutt told the team Jan. 25 that the school was cutting not only the men's indoor and outdoor track and field program, but also men's swimming and diving and women's lacrosse.

``At first, we didn't know what was going on,'' said Vandenberg, a junior pole vaulter from Highland High School in Medina County. ``But when we went down into a conference room and I saw our compliance director was there, I knew it wasn't good news. Still, we had no idea what was coming. We were stunned.''

During the announcement, Hocutt explained the reasoning for such dire measures.

``Simply put, our expenses exceed our financial resources,'' he said, according to minutes from the meeting. ``We will have an accumulated operating deficit of over $4 million this fiscal year.''

After the announcement -- in which Hocutt cited the athletic department's budget andgender-equity concerns as the main reasons for the cuts -- Vandenberg remembers a deathly silence that lasted at least a minute until a teammate finally raised his hand.

``When does the decision take effect?'' he asked.

``At the end of the season,'' Hocutt responded.

In the days that have followed, Vandenberg and his teammates have called and sent letters to friends, donors and alumni seeking help. Many have pledged money to save the programs; others have been so appalled, they've asked that their nameplates and pictures be removed from the school's athletic halls.

Members of the teams involved have gone to a handful of emotional informational and question-and-answer meetings, given a power-point presentation and come up with a proposal that would phase out the programs over the next few years instead of immediately stopping them.

``Men's track and field raised over $5,000 through fundraising last year,'' part of the phase-out proposal read. ``Along with a $5,000 donation to the program, that is enough money to fund the maximum $10,000 needed for an outdoor track team. The team can be self-sufficient. It will cost the university nothing to phase out the track team.''

``But Kirby took a little over 24 hours before rejecting our proposal via an e-mail,'' Vandenberg said. ``It's sad that college athletics is now more concerned with money than students.''

Vandenberg is not alone in having to figure out what to do and where to go from here. Of the 87 athletes affected by the decision, there are 10 Akron-area athletes on the track and field team and three more on the swimming and diving team, as well as one local woman on the lacrosse team.

Is football to blame?

Perhaps the most difficult part for these athletes is determining whether the cuts are simply a lesson that life isn't always fair or whether these minor sports are paying the price to help fatten the growing budget hog that has become the Bobcats' improving football team.

With the hiring of high-profile football coach Frank Solich two seasons ago, the Bobcats have steadily improved on the field and represented the conference in the GMAC Bowl on Jan. 7 in Moblie, Ala.

However, the increased wins and national exposure also have meant a growing operating budget -- one the school has struggled to support.

``It's sad to see a 100-year history come to an end because of the administration's overzealous spending on other sports like football,'' said Pat Eaton, a former collegiate runner, OU track supporter and father of sophomore Shamus Eaton from Lake High School.

Eaton knows that it might make him sound a little paranoid, but OU's athletic administration expects to save $685,000 by cutting the three programs, while the school's books point to bowl-related expenses of $693,000 in the football department.

``Call me crazy, but those numbers are awful close,'' he said.

Eaton also points to the fact that despite the added revenue a bowl game generally produces for its participants, he learned the school still had to pick up a $277,550 tab related to transporting 261 people to the game. (Only 85 players can be in uniform).

``Yes, we have made a commitment to football,'' Hocutt said. ``Anyone can look at the numbers and see what we've put into (the program). Nonetheless, we still face three significant issues: the financial side, how we comply with Title IX (gender equity) and the quality and overall experience of our programs.''

The program cuts are a dilemma for track and field coach Clay Calkins. He now must help a handful of players find new schools, while continuing to promote Ohio University to recruits on the women's side.

``There were decisions made that I still don't fully understand with regards to the reasoning behind the cuts,'' OU's fourth-year coach said. Calkins called it ``pretty glaring'' to see a 200 percent increase in football's 2005 operating budget ``where OU goes from spending $3,300 to over $10,000 per football athlete.''

Moving on

In the meantime, the student-athletes continue to study and go to class even though much of their lives has been turned upside down.

``We're all doing our best not to let it ruin everything,'' said junior pole vaulter Mike Goodrich from Copley High School. ``But most of us who want to continue playing now have to look into transferring. And since we're on quarters here, it isn't going to be an easy transition. I'm looking at Ohio State and Akron, but neither have my major (community health), so I'm not sure what to do.''

Few do.

``We've been as united as possible and tried to show (the administration) there's other ways to do this, that there's some avenues they've overlooked,'' distance runner Shamus Eaton said. ``We're just going to keep fighting, and not take no for an answer. Hopefully, we can make a difference.''

The group continues to print T-shirts that refer to Solich and read ``Got Frank -- lost swimming, lost lacrosse, lost track'' and to attend various rallies on their behalf. Many, like the Eaton family, however, must raise an eye to the future.

``This has put so many good kids in a bind,'' Pat Eaton said. ``I love this place, and my kid loves this place. But we're probably going to have to leave. Truthfully, I don't know if there's anything we can do.''

Though most admit to still being numb, the athletes are finding a way to make sense of their future.

``I'm thinking of transferring,'' said freshman sprinter Curtis Leuenberger from Louisville, ``but to be honest, I'm kind of leery of going to another MAC school.''

Even seniors such as former Lake standout sprinter Dan Bailey are affected by the program's impending demise.

``Trying to get some straight answers here has been very time-consuming,'' he said. ``In the meantime, us seniors are trying to help counsel the younger guys best we can. Mostly though, I just sit and pray. It's tough to come to terms with the fact that I gave four years of life to this program and it's gone -- just like that.''

Update

2007-02-12T09:39:00.000-08:00

As of 2/12 the teams are still cut, but support has swelled immensely. President McDavis and AD Hocutt have met with numerous students, alumni, and parents about this issue. Members of Student Senate have met with Ohio's U.S. Senators in Washington, D.C. Matt from RunOhio wrote an excellent letter to the editor in the Columbus Dispatch.

Donors are getting involved, other OU administrators are getting involved, former coaches and athletic department employees are as well, and Student Senate is kicking butt.

We couldn't have asked for more support.

Aside from continued pressure and complaints, we really need to lay out a strategy for halting the process to eliminate the teams and to come up with alternative strategies.

Even if the Board of Trustees fails to bring this issue up at their meeting this Thursday-Friday, we still have a chance. Unfortunately, for every day that passes by, an increasing amount of prospective athletes decide against OU and current athletes are transferring out of OU.... This means that action is urgent!

Please email President McDavis (mcdavis@ohio.edu), Secretary Geiger (geigera@ohio.edu), and the two student trustees, Micah (mm162503@ohio.edu) and Lydia (lg420404@ohio.edu).

Good Luck!

Vote on Track Team Fate This Thursday-Friday

2007-02-10T08:31:00.000-08:00

The Ohio University Board of Trustees will vote on the recommendation to cut the men's track team this Thursday or Friday at their meeting in Chillicothe.

The easiest and quickest way to prevent the cut is to convince the Board not to cut the teams. The Board of Trustees are an independent-thinking group that ultimately do what is best for OHIO. Therefore, if enough people contact them with lengthy letters, I believe we still have a change. Contact information for them is here.

Another important route to influence the Board is through the Ohio General Assembly and Ohio Governor's office. The influence both entities have on the Board is tremendous. Please call and write your state Representative, Senator, a Governor Strickland.

Contact state Reps and Senators here. To contact Governor Strickland, click here.

START EMAILING/CALLING/FAXING TODAY!

Also, another powerful route to take is contacting your Ohio Members of Congress. Find your U.S. Reps here and U.S. Senators here.

OVERWHELM YOUR REPRESENTATIVES SO THAT THE BOARD WILL UNDERSTAND THE SEVERITY OF THIS ISSUE!

Talking points:

- The process of cutting the team(s) was unfair and did not reflect a shared governance process
- The Athletic Department lied to student preceding the vote by telling them there was no plans to cut the teams. This really messed up student-athletes running careers.
- The justification the Athletic Department cited is flawed and incorrect. Title IX is not an issue and funding could have been dealt with a million different ways.
- The Track team is crucial to the success of the football team, in fact, the last two football players to turn pro have also been members of the track team.
- The Track team helps OU's minority recruiting efforts tremendously.
- The Track team has existed at OU for 100 years, during World War II, Korea, Vietnam, and Iraq. The Great Depression didn't cause the team to be cut, but all of a sudden fiscal mismanagement blown out of proportion wrongly serves as justification.
- There are more Track student-athletes and alumni in the U.S. than any other OHIO sport.
- At the least, the Athletic Department should give alumni a chance to raise enough money for us to maintain the team ourselves.

GOOD LUCK!

Columbus Dispatch Letter

2007-02-10T08:28:00.000-08:00

Track and field does many positive things for schools

Saturday, February 10, 2007

As a former college cross-country and track athlete, a brother of two Ohio University graduates, the editor and publisher of RUNOHIO and a high-school teacher and cross-country and track coach in the Columbus area, I hope Ohio University officials will look at the overall negative impact to the university if they vote to drop men’s outdoor track and field.

When I think of Ohio University, I think of the oldest university in the Northwest Territory, which has a strong tradition of academics and athletics. I also think of a men’s track and field program that has been part of the university for more than 100 years.

I hope before voting to drop men’s track and field, officials will take a look at why Miami University did not drop its men’s outdoor track and field program.

It is my understanding that one of the main reasons Miami did not drop track and field was it saw track as one of the programs that attracted minorities to the university. One of Miami’s trustees was able to convince the board that it would not be a smart decision to drop the sport.

Track and field is the oldest sport known to mankind. More countries participate in track at the Olympic Games than any other sport.

Ohio has 728 boys high-school track and field teams. Only basketball and baseball are offered by more schools than boys track and field. The Ohio High School Athletic Association’s State Track and Field Championships will celebrate their 100 th anniversary this June.

There are nearly 2,000 members of the Ohio Association of Track and Cross Country Coaches. Most of these members are teachers in Ohio high schools and have a tremendous influence on high-school students.

I would think that there are more Ohio University track and field alumni than any other group of athletic alumni at Ohio University. Probably 30 to 45 students are walk-ons participating in men’s track and field and paying tuition to Ohio University. I have found that the cross-country and track and field teams have some of the highest grade-point averages and graduation rates of all intercollegiate teams.

It is my understanding that since Western Michigan University dropped a number of men’s athletic programs three years ago, there has been an uprising of alumni and teachers and friends, who have held their donations to the university and encouraged high-school students not to attend Western Michigan.

It is also my understanding that Western Michigan’s enrollment is down nearly 18 percent since it dropped a number of men’s athletic programs.

I think if officials look at the impact of dropping men’s outdoor track and field at Ohio University, they will realize that it does not make educational, economic, business or political sense. I hope they will vote to keep the program.

MATT McGOWAN

Granville

First OU Considered Phasing Out the cut Teams over 3+ Years, Now they are Just Cutting them

2007-02-09T09:43:00.000-08:00

A letter from AD Kirby Hocutt to two current Track members:

Thank you for taking time to visit with me yesterday regarding the possible phasing out of your team. After reviewing all pertinent information, and numerous conversations with our faculty athletic representatives, and the chairman of the Intercollegiate Athletics Committee, the executive athletics staff has concluded that phasing out is not in the best interest of the Ohio Athletics Department. Therefore, as we have previously stated, Ohio University will no longer sponsor men's indoor and outdoor track and field at the conclusion of the 2007 season.

Craig and Brian, in closing, I share your sense of frustration and disappointment. Certainly, this is not a position any of us want to be in.

Cordially,

Kirby Hocutt

Public Records Request, Part II

2007-02-09T09:00:00.000-08:00

Ohio University Office of Legal Affairs
Director John Burns
Pilcher House
Athens, Ohio 45701

Dear Director John Burns:

I am writing you to request public information. I do not intend to use or forward the requested records, or the information contained in them, for commercial purposes. Pursuant to the Ohio Public Records statutes, I deem the following information in the public’s interest to view. Therefore, I hereby request the following information:

1. All electronic mail messages from Ohio University Athletic Director Kirby Hocutt and his staff, Ohio University Head Football Coach Frank Solich and his staff, and Ohio University President Roderick McDavis pertaining to the cutting of the four athletic teams.

2. Financial information that provides a detailed breakdown of the $685,000 that the will be saved from the “Option 2” sport cut; (this was not provided in the initial release of financial information concerning the sports cuts at Ohio University).

3. Documentation and budget information that demonstrates the exact number of full equivalency scholarships and OSS (out-of-state surcharge) allotments and budget plans for FY 08 for the Men's Cross Country team. FY 07 budget currently includes all three (Indoor Men’s Track, Outdoor Men’s Track, and Men’s Cross Country) together.

4. Documentation that shows the exact number of full equivalency scholarships and OSS allotments for all Ohio University varsity sports for FY 08.

5. Plans from Moody & Nolan (the architectural firm from Columbus, Ohio) for the proposed indoor practice facility for athletics. This should include architectural plans, building plans, financial information, and all other available information.

6. Information for the Peden Tower improvement project; specifically its finances and architectural and building plans from NBBJ of Columbus, Ohio. (Some of this information was presented to the Ohio University Board of Trustees at their March 2006 meeting.)

7. Coaching salaries for all full-time and part-time coaching staff for all varsity sports at Ohio University for the 03-04, 04-05, 05-06, and 06-07 seasons.

8. Salary and bonus compensation information for Head Football Coach Frank Solich, Head Men’s Basketball Coach Tim O’Shea, Head Women’s Basketball Coach Sylvia Crawley, and Head Women’s Volleyball Coach Geoff Carlston.

9. Detailed budget and expenditure reports for Ohio University Football for 03-04, 04-05, 05-06, and the 06-07 season (up to and including the GMAC bowl).

10. Statistical information on the racial/ethnic make-up of the Ohio University undergraduate student population for the 06-07 academic year (preferably winter quarter figures if available). Statistical information on the graduation rate of the total Ohio University student population (broken down by full-time and part-time students.)

11. Statistical information on the graduation rate of the total Ohio University student population (broken down by full-time and part-time students AND broken down by race/ethnicity).

Thank you very much for taking the time to retrieve this information.

OU to absorb post-season costs

2007-02-09T07:42:00.000-08:00

From the Post:

OU to absorb post-season costs

The Ohio football team’s first trip to a bowl game in 38 years wasn’t planned, nor was it budgeted for.

After reimbursement payments from the Mid-American Conference and ticket revenue are factored in, Ohio University will pick up the remaining $277,550 tab from the Bobcats’ appearance in the MAC Championship and GMAC Bowl, paying for it out of institutional general reserves, said William Decatur, vice president for finance and administration.

“It’s one-time money,” he explained, adding that the same reserves were used to comply with the minimum wage increase. “It’s an opportunity that wasn’t anticipated or budgeted for in the athletic department, but certainly something the university is proud of and, there was no question about us attending those games.”

For winning the MAC East Division, coach Frank Solich received the 5 percent bonus — $12,484 — stipulated in his contract, which will come out of the athletic department’s salary budget, said Kirby Hocutt, director of athletics. Solich’s base salary is $249,672.

There are no contractual bonuses for assistant football coaches, but Hocutt said the athletic department received private donations amounting in $40,000 that is being used “to reward our football coaches for a great season.”

Ohio’s participation in the MAC Championship game in Detroit on Nov. 30, for which the conference doesn’t offer any reimbursement, makes up $95,000 of that total. That includes travel and lodging costs, along with the expense of housing the team while they practiced in Athens during winter break.

Total expenses to send the football team and its staff, cheerleaders, dance team and university officials to Mobile, Ala., for the GMAC Bowl on Jan. 7 came to $531,105. That number includes transportation ($237,644) and meals and lodging per diem ($198,001) for all 261 people who participated in the weeklong bowl-game festivities.

Some other GMAC Bowl expenses include entertainment ($7,124), equipment and supplies ($26,671), awards ($37,223) and promotion

expenditures ($12,495).

Those expenditures are offset by the $300,000 reimbursement Ohio will receive from the MAC for its participation, and the revenue from 1,097 tickets sold, or $48,555.

Although Ohio did not make enough money to cover all bowl expenses, Hocutt said the national attention from post-season games is well worth the cost.

“I think you have to look at the intangibles that are associated with it,” Hocutt said. “We’ve been in USA Today every day with the bowl lineups, we’ve been on the scroll of ESPN every night in (December.) We’re exposing Ohio University to the entire country.”

AD's rationale for cutting programs meets skepticism from students

2007-02-09T07:33:00.000-08:00

From the Athens News:

AD's rationale for cutting programs meets skepticism from students

Thursday, February 8th, 2007

Ohio University administrators and students met Monday to discuss the elimination of four varsity sports, inciting both optimism and suspicion from the capacity audience.

The presentation, given by OU Director of Athletics Kirby Hocutt and a panel of three other OU administrators, was called in response to OU Student Senate's recent resolution, which condemned the elimination of the men's indoor and outdoor track and field, men's swimming and diving and women's lacrosse teams.

The resolution, passed last Wednesday, specifically cites the lack of justification and student participation in the administration's decision-making process.

While Hocutt said the decision to cut the teams is final, he did answer students' questions and even agreed, at the request of student-athletes in attendance, to consider a gradual "phase-out" plan. The proposal would allow student-athletes to finish their careers at the university.

Michaela Hahn-Lawson, president of the Student-Athlete Advisory Committee and a member of the women's swimming and diving team, said the plan suggests that the 2006-2007 freshmen would be the last athletes recruited to their eliminated teams. Once those students graduated, the teams would be cut.

Student Senate President Morgan Allen said she left the meeting with a sense of encouragement, as student voices were finally being heard.

"I don't think (the administration) actually understood how important the student input would be to the decision-making process," Allen said. "It was definitely a step in the right direction."

But some students were not completely sold. Hahn-Lawson said that she was skeptical of whether her opinions would actually be considered by the administrators.

"I've been lied to before. Who's saying their not lying again," she said, referring to the administration's promise to consider the "phase-out" plan. "The man (Hocutt) is only as good as his word. Hopefully he'll stick to it."

The meeting began with Hocutt explaining the athletic department's decision to eliminate the teams, pointing specifically to the state of the athletic program, Title IX and insufficient funds.

"The direction we have been going is transparent," Hocutt said. "We don't have enough dollars to do everything we want to do."

The state of the program, Hocutt said, is not good. "We are asking coaches to do too much with too little," he said while displaying a list of quotes from disgruntled coaches. "At national conventions," one coach's quote read, "I beg for free equipment."

Hocutt also explained how Title IX played a role in the elimination of the four teams. As part of the Educational Amendment Act of 1972, Title IX protects against gender discrimination in educational programs that receive federal financial assistance. It is commonly linked with college athletics.

Although OU currently ranks second in the nation in gender equity, Hocutt said that, due to revised NCAA standards, the university would fail its next Title IX compliancy assessment. The options, Hocutt said an outside consultant told the athletic department, were to either eliminate teams or add another women's program.

With the current athletic budget, Hocutt said adding a sport would be nearly impossible.

To conclude the administration's informational presentation, panel-member William Decatur, vice president for finance and administration, said a lack of funds also contributed to the decision to cut the teams. He explained that the athletic department's expenditures have exceeded its budget the past two fiscal years, and he expects to overspend this year by more than seven figures.

Before the cuts, Decatur said OU had the second-most varsity sports teams in the Mid-American Conference. He rationalized that OUs budget simply is not large enough to support 20 programs. With the elimination of the four sports, Decatur said OU now has the minimum number of teams to remain an NCAA Division I-A school.

Athletic department officials presented money-making opportunities for the university, such as advertising, ticket sales and private fundraising, but Decatur said that given the limited market in Athens, the opportunities don't add up to a profit.

In terms of expenses, administrators said scholarships and fellowships, payroll, benefits, and travel and entertainment fees topped the list.

Hocutt said cutting the teams will save the university $685,000. And even with those additional funds, the athletic department expects to remain in debt for some time.

Following the presentation, student-athletes and senators were given the opportunity to ask the panel questions pertaining to the decision.

Patrick Heery, academic affairs commissioner for Student Senate, said he was pleased that the administration offered such comprehensive information and is well aware of the athletic department's financial constraints.

However, Heery said he continues to oppose the lack of a student voice in the final decision to cut teams.

"I am by no means convinced that this was the proper course of action," he said. "A lot (of this) could have been avoided if students were involved" in the decision-making process.

Allen said she agreed and said Student Senate will not change its stance on the resolution condemning the athletic department. Had the department involved students from the beginning, Allen said, the final decision could have been different.

Reflecting back on the meeting, Hahn-Lawson said she was encouraged that the administrators were willing to listen to students. "They are in the position where they had to (listen to us)," she said. "They were slowly tarnishing their image."

Hahn-Lawson said Hocutt had avoided directly responding to student's questions in previous meetings, and, this time, student-athletes vowed to get their questions answered. "We didn't want him dancing around issues," she said.

Overall, the Student-Athlete Advisory Committee president said she was satisfied with students' persistence to get answers from Hocutt and other panel members.

Hahn-Lawson also said that the athletic department owes it to students to rethink the decision, as administrators don't truly realize the impact the eliminations have on the entire student-athlete community.

Hahn-Lawson explained that many student-athletes, herself included, decided to come to OU based on the existence of both men's and women's teams. She said dominant sports teams have co-ed programs in sports like swimming.

"I have four quarters left at college and (now) I'm questioning why I came to OU," she said. "I never wanted to be put in that situation."

Although Hahn-Lawson said the reinstatement of the eliminated teams would be her top choice of action by Hocutt, she admitted the "phase-out" plan seemed like a more plausible compromise.

Hahn-Lawson said she would do whatever it took for the athletic department to reconsider its decision and pleaded for her student-athlete peers. "Kirby, we don't want to leave OU," she said. "Just let us compete. We want to compete."

Athletics officials explain details of huge budget deficit

2007-02-09T07:24:00.000-08:00

From the Athens News:

Athletics officials explain details of huge budget deficit

Thursday, February 8th, 2007

Since the day in late January when they announced four varsity sports teams would be cut, Ohio University Athletics officials have said Title IX gender-equity law and a burgeoning debt within the athletics department forced their hand.

But what are the actual spending numbers and trends within the program, how did a $4.8 million dollar debt come about in just a few years, what did the football team's bowl game cost, and what exactly does Title IX mean?

"It was a two-headed monster," said Robert Andrey, OU's associate athletics director for business and internal operations, about the challenges posed by Title IX and the deficit. OU hired Andrey in January 2006, and he said Tuesday that he knew by last March that a budget crisis was imminent.

Budget figures supplied by Andrey pinpoint how the debt began growing steadily around the end of the June 2004 fiscal year.

Spending categories rose across the board, the data show, but scholarships and fellowships, professional fees, travel and entertainment, and supplies were the fastest growing categories.

The department went into debt to the tune of $1,141,564 in fiscal year 2005, and then another $1,327,495 during fiscal year 2006, owing $2,469,060 after that point.

Add $1,655,953 of debt in 2007, and you get a whopping $4.1 million of red ink.

A bond issue to fund the lowering of Peden Stadium's playing field accounts for another $650,000 of debt, said Andrey. That bond note is due in five years, he said.

The balance of the $4,775,013 total debt OU Athletics officials expect to owe by July this year is essentially being floated by Ohio University as an institution, according to Andrey.

OU's vice president of finance and administration, William Decatur, explained at a Monday public meeting about the team cuts that total revenue for the athletics department had remained static since 2003.

Total expenses for the department rose from $11.5 million in 2003 to $16.4 million in 2006.

Gate receipts in football and men's basketball rose slowly but steadily to $394,356 for football and $320,474 for men's basketball by 2006, but they don't make up for the gap between revenue and expenditures, budget figures show.

Royalty income has nearly doubled since 2003, but it reached just $165,491 in FY 2006.

"We weren't able to increase our ability to raise revenues at the rate that our expenditures were increasing," said Andrey.

The athletics department's new Bobcat Club fundraising arm has increased unrestricted gifts that aren't earmarked for specific teams 73 percent in the past year to an anticipated $500,000 for this fiscal year, he said. That figure does not include endowments and gifts to individual sports.

Beyond the $650,000 field-lowering project, Andrey discounted any notion that Athletics Director Kirby Hocutt had inherited any debt from his predecessor, Thomas Boeh. Hocutt took over the position in 2005.

"I don't think what's happened is an indictment of the prior administration at all," Andrey noted, adding that he meant either Boeh or the OU administration as a whole.

The associate AD said a $1.5 million pledge by the OU administration to be funded over three years was not delivered on. Only about $500,000 of that money has actually become available, he explained. To some extent, the department relied on receiving the extra $1 million, Andrey acknowledged.

"We have 20 sports that are under-funded," said Andrey. "Are we the ones who created it? Who cares?"

Although total athletics department payroll and benefits have risen from $4,501,600 in 2003 to $6,321,228 in 2006, Andrey said it wasn't just for football coaches and administrators - positions such as that of Bobcat team physician Dr. Will Rosenberg were also added during that time.

OU'S APPEARANCE in the GMAC Bowl in January in Mobile, Ala., cost the university $182,550, an Institutional Bowl Expenses summary prepared by Andrey showed. "That is what our out-of-pocket expenses were from the bowl game," said Andrey.

The bowl game does, on the other hand, serve as free publicity for OU on primetime national television, he noted.

"The only revenue we get is from the ticket sales," added the associate AD. OU received $48,000 in ticket sales and also received $300,000 in travel reimbursement for the game from the NCAA, Andrey said. The university's $592,200 in bowl-related expenses minus its $348,000 in revenue and reimbursement equals the $182,550 net loss.

An internal audit of OU's budget happened in 2006, added Andrey, at about the same time that the athletics department hired consultant Lamar Daniel, a former Title IX compliance investigator for the federal government.

"They brought to light that we need to revamp our funding model," he said about the audit and the consultant.

The three-decade old Title IX mandates equal opportunities for women in their entire college experience, irrespective of athletics in any specific sense.

But if the institution receives federal aid, which many do, the numbers of men and women participating in sports must roughly match each other in order to comply with the law. Some characterize this as an undesirable quota, while others point out that the law has allowed women's sports to flourish since the early 1970s.

The gender breakdown of varsity student-athletes at each college is also supposed to correspond to the overall proportions of women and men in each college's student body. In OU's case, women outnumbered men 8,670 to 7,976 among the university's 16,646 full-time undergraduates when data were last compiled in June 2006 by the U.S. Department of Education.

OU had 359 male participants in varsity sports, compared with 258 female participants, according to the 2006 report, a difference of 101. There are actually 91 more male student-athletes than female ones, but some of them play more than one sport, according to the data.

Ball State, Miami University and the University of Toledo each have more female roster spots available as a percentage of their overall female undergraduate population than OU. Several MAC schools, however, are no more Title IX-complaint than OU by this measure, or else are notably worse in this regard.

Title IX supporters have criticized the role that football and basketball, with much higher per-athlete expenditures, play in the overall formula. Football teams with lots of non-scholarship walk-ons - there are 107 total participants on OU's team - also tend to skew the gender balance at Division I-A schools. Critics routinely refer to the drive by mid-major conference athletics departments to increase "self-generated revenue" from football and men's basketball by building winning teams as the "arms race."

The OU football team, which finished 9-5 this year, had total operating expenses of $1,082,469 during the 05-06 reporting period, according to the data.

The NCAA gives Division I-A schools who have more than 14 teams an automatic $22,000 of funding for each team above that number, and OU will lose $88,000 annually by cutting four varsity sports to stem the deficit and better comply with Title IX, said OU Student Senate member Matthew Bell at Monday's meeting.

A three-prong test has been formed by courts and legislative review committees to determine Title IX compliance: 1) the intercollegiate-level participation opportunities for male and female students at the institution have to be "substantially proportionate" to their respective full-time undergraduate enrollments; 2) the institution has to have a "history and continuing practice of program expansion" for the underrepresented sex, or 3) the institution has to be "fully and effectively" accommodating of the interests and abilities of the underrepresented sex.

Over the years, interpretation of the law has varied, with the participant quotas mostly serving as the test.

A 2004 analysis by a Penn State-York political science senior instructor used four criteria previously developed by the Chronicle of Higher Education to rank Division I-A schools' Title IX compliance. The report named OU "the runaway champion in the Mid-American Conference," and said OU was also the overall national champion in Division I-A.

In 2002, then U.S. Education Secretary Rod Paige formed a commission to examine Title IX's effect on men's Olympic sports following cuts at several Division I-A colleges. The three-prong test emerged intact. Paige has said publicly, however, that he disapproves of universities cutting men's sports teams in order to better comply with Title IX, and advocates of the law have expressed similar sentiment.

Consultant Lamar Daniel's report to the OU athletics department assessed the team's gender-equality compliance as inadequate, which would have been correct at the time using the proportionality test. OU also had the second-highest total number of male roster spots for student-athletes in the MAC as of last July.

That could open up the university to NCAA sanctions or private, civil lawsuits. Several universities have been involved in Title IX lawsuits over the years, and compliance reviews are also scheduled by the NCAA.

In some cases, male students from jettisoned teams have countersued - mostly unsuccessfully - under Title IX, claiming that they had been discriminated against as males.

QUESTIONS HAVE BEEN RAISED over several other budget- related items for OU athletics, such as a proposed indoor training facility, the fact that the football team stays in hotel rooms the night before home games in Athens and the amount of money the department spends on things ranging from graphics to fireworks shows.

* Hocutt said Monday that he hoped an indoor training facility the department would like to build for several of its teams to use would include a full, 100-yard football field.

The AD has said that most of the money for such an indoor facility - which can easily cost more than $10 million - would likely come from private donations.

* The athletics department spent between $85,000 and $100,000 on inspirational graphics inside the Peden Stadum fooball facilities, Hocutt told The Post, OU's student newspaper, in October.

* Andrey confirmed that the football team stays at the Burr Oak State Park lodge on the nights before home games during a typical season. The move costs the department about $31,000 per year, he estimated.

"There's some dedicated time for academic work out there - some game focus," Andrey assessed. "It takes place in probably 90 to 92 percent of all Division I-A schools." Eleven of 13 MAC schools do the home-game hotel stays, said the associate AD.

Head football coach Frank Solich wanted the Burr Oak retreats, and they may help the teams compete at a higher level, said Andrey. It's difficult to find corporate partners for player accommodations in rural southeast Ohio, he asserted, unlike some of OU's peer institutions.

* Lights at Peden Stadium, which the university uses in the fall for practices and to show potential student-athlete recruits the facility, according to Andrey, are not expensive to operate even though the lights have been seen burning for hours in broad daylight on several occasions. "I have been told that the cost to have those lights on is literally pennies on the dollar," said Andrey.

* Andrey said a marketing, advertising and sponsorship deal with a Winston-Salem, N.C., firm, ISP Sports, does not cost the university much, if anything. A contract with ISP that OU recently re-upped through July 2011 indicates OU grants ISP "the exclusive right to market and sell all advertising and sponsorship inventory related to OU Athletics," in return for a guaranteed $1,775,000 in consideration over the life of the contract.

RunOhio's Efforts

2007-02-07T15:13:00.000-08:00

Track & Field coaches, athletes and friends Please get involved to SAVE TRACK & FIELD

By Matt McGowan

February 2007, RunOhio

Ohio University has announced it plans to drop its 100 year old Men's Track and Field program. If they drop track and field they will join Bowling Green, Toledo, Ball State, Western Michigan, Marshall and West Virginia who all dropped track and field in the last few years. The Ohio University Board of Trustees plans to vote on this recommendation by mid February.

What can YOU do?

1)Write the universities Presidents, Athletic Directors and Trustees members to voice your concern, this is especially important if you graduated from the university, recommend students to go to the university and if you or your business donate money to the university. http://www.ohio.edu/president/trustees/index.cfm

2)Write a letter to your Ohio congress/senate members and voice your concern. To find your representatives go to - http://www.house.state.oh.us/jsps/Representatives.jsp and http://www.senate.state.oh.us/senators then type in your zip code.

3)Write a letter to the editor of your local newspaper and voice your concern.

4) Pass this information on to as many friends as possible and ask them to do the same

There are 728 boys' high school track and field teams in Ohio according to the Ohio High School Athletic Association. Of the twelve boys Championships the OHSAA sponsors, track and field has the third most schools sponsoring a team. Only basketball and baseball have more high schools represented in OHSAA than track and field. With the popularity of high school track and field one wonders why this sport is being cut.

One of the reasons Athletic Directors look to cut track & field is that they count indoor and outdoor track and field as two sports. As a result, you can reduce the number of men participating in intercollegiate athletics by 45-55 - twice. It would be my suggestion to drop indoor track and field as a sport but not outdoor track and field.

I feel a college should take a close look at the diversity of a track and field team. A few years ago an African American trustee at a &S tate University& spoke out loudly about not dropping track and field, as it was one of the main sports that had a large number of African-Americans and minority students on the team. He pointed out how this school's overall African-American and minority student population was low. He stressed to his fellow trustees that it would be a bad policy to reduce the opportunity for minorities. This university kept track and field.

Track & Field is the oldest sport known to mankind. There are more countries participating in track and field in the Olympics than any other Olympic sport. Running is a lifetime sport and we need to do more to get people in Ohio and the U.S.A. fit and healthy

If a university needs to increase the number of women participating in intercollegiate athletics I suggest changing cross-country to cross country/distance running for women and hire an extra coach or two to help expand the program. I am sure with a little effort the coaches can get 40-85 women running in the fall.

With YOUR help we can work to SAVE TRACK & FIELD !!

Matt McGowan, Editor/Publisher RUNOHIO

http://www.runohio.com

Here is my letter to the Ohio University President and Trustees...

Dear Dr. McDavis:

As a former college cross country and track athlete, a brother of two Ohio University graduates, the editor/publisher of RUNOHIO and as a high school teacher and cross-country and track coach in the Columbus area, I hope you will look at the overall negative impact to Ohio University if you vote to drop Men's Outdoor Track & Field.

When I think of Ohio University I think of the oldest university in the Northwest Territory, which has a strong tradition of academics and athletics. I also think of a Men's Track & Field program that has been part of the university for over 100 years.

I hope before you vote to drop Men's Track & Field you will take a look at why Miami University did not drop their Men's Outdoor Track & Field program. It is my understanding that one of the main reasons why Miami University did not drop track & field was they saw it as one of the programs that attracted minorities to the university. One of their Trustees was able to convince their Board that it would not be a smart decision to drop the sport. Miami University kept Men's Outdoor Track & Field.

Track & field is the oldest sport known to mankind. Track & field has more countries in the world participating in the Olympic Games than any other sport. In Ohio there are 728 boys' high school track & field teams. Only basketball and baseball have more schools sponsoring a boys' team than track & field. The Ohio High School Athletic Association State Track & Field High School Championships will celebrate their 100th anniversary this June. There are nearly 2,000 members of the Ohio Association of Track and Cross Country Coaches. Most of these members are teachers in Ohio high schools and have a tremendous influence on high school students. I would think that there are more Ohio University track & field alumni than any other group of athletic alumni at Ohio University. There are probably 30 - 45 students whom are walk-ons participating on the men's track & field and paying tuition to Ohio University. In my experience I have found that the cross- country and track & field teams have some of the highest grade point averages and graduation rates of all intercollegiate teams.

It is my understanding that since Western Michigan University dropped a number of men's athletic programs three years ago, there has been an uprising of alumni and that teachers and friends have held their donations to the university and encouraged high school students not to attend Western Michigan University. It is also my understanding that their enrollment is down nearly eighteen percent since they dropped a number of their men&s athletic programs.

I think if you look at the impact of dropping Men's Outdoor Track & Field at Ohio University you will realize that it does not make educational, economic, business or political sense. I hope you will vote to keep the Ohio University Men's Outdoor Track and Field program.

First Banton, Now Stan Huntsman Boldly Speaks Up

2007-02-07T15:11:00.000-08:00

From the Columbus Dispatch:

Former track coach disowns his old school

Wednesday, February 07, 2007

Stan Huntsman invested 16 years of his life in Ohio University as a graduate student and track coach.

Last week, he invested a couple of dollars in postage to mail his master’s degree diploma in physical education back to his alma mater.

Huntsman is livid that Ohio has eliminated the men’s indoor and outdoor track and field teams for budgetary reasons and to comply with Title IX.

In protest, he has demanded that a plaque honoring him be taken off the wall in the university athletic hall of fame. He was a student from 1955 and ’56 and a coach for 14 years until 1969.

"Definitely do that with my plaque," Huntsman said by telephone from his home in Austin, Texas. "If they don’t tear it down immediately, I could resort to unlawful methods. I’m not beyond that. Don’t try me. I doubt if I’d do that myself. I won’t step foot on that campus unless it’s the Alden Library.

"I’ve completely severed myself from the university. What I’d do is find somebody to take down that plaque for me. Some people would do that for free."

Huntsman also is unhappy that Ohio is dropping men’s swimming and diving and women’s lacrosse.

"I hope the university would reconsider all this," he said. "I’ve talked to a lot of former athletes and they feel as strongly as I do. I’m really concerned about what has happened. This is shocking. I thought Ohio University was above this. At least try to solve the monetary problems another way. The track team’s budget isn’t even $1 million. The university could change this. It doesn’t take a great administrator to be a hangman."

Ohio athletic director Kirby Hocutt said the university would comply with Huntsman’s wishes regarding the plaque.

"Coach Huntsman has devoted a great deal of his life to Ohio University, and he’s going to have a negative reaction," Hocutt said. "I would hope in time he’d reconsider putting his plaque back up. He means a lot to Ohio."

Huntsman is one of the greatest names in the history of United States track and field and cross country. He was inducted into the National Track & Field Hall of Fame in 2004.

In 39 years as coach at Ohio, Tennessee and Texas, Huntsman coached 46 conference champions. He won NCAA titles at Tennessee in cross country (1972) and outdoor track (1974) and was the U.S. Olympic coach for the 1988 Games and an assistant in 1976 and ’80.

Elmore Banton, another former Ohio track and field coach, said he’s "devastated" by the cuts. In a letter to the university, he wrote that Ohio is guilty of "cut-and-run" tactics. He noted that in 2005-06 the football team ran a $1.9 million deficit and the men’s basketball team a $331,000 deficit.

"The cows are too big for the barn and the chickens are being thrown out," he wrote. "I say put the cows on a diet. You’re attacking the wrong animal."

A letter from Elmore Banton, the Greatest Bobcat Runner and Coach Ever

2007-02-06T07:21:00.000-08:00

From the Athens News:

Reader's Forum: Open letter to the OU community

By Elmore Banton
Monday, February 5th, 2007

One of the proudest days of my life was the day I became head coach of the men's track and field program at Ohio University. By contrast, Jan. 25, 2007 was one of the saddest days in my life, when the announcement came that the university was cutting women's lacrosse, men's swimming, and of course, men's track and field.

As a former athlete and coach, I am devastated over the elimination of these sports. I know that President Roderick McDavis and athletics director Kirby Hocutt inherited most of the problems that led to the cuts. My concern is that steps taken to resolve the situation did not involve enough in-depth problem solving. To my way of thinking, there are different approaches that could have been taken to cut the deficit while not harming diversity in the athletics department and in the university that we prize.

In Mr. Hocutt's statement to the press, he gave the reasons for the cuts as a need to honor the Title IX directives and to respond to the fiscal deficit. One way of solving the Title IX issue is to cut men's indoor track (yes, I am willing to give up indoor track in order to keep outdoor and the other two sports), and by adding 10-12 roster spots to the women's track, women's swimming and women's lacrosse. This measure or some tweaking of this idea would get to the numbers for gender equity. Did the committee ever consider this? The problem of gender equity can be readily solved.

The financial deficit is a much larger and more complicated problem to solve, but if we want to keep the prestige of the university and preserve our tradition of caring about our student athletes, we must spend time working on the problem rather than using the cut-and-run techniques that have so far been employed.

According to last year's NCAA report, OU spends $491 per track athlete per year, $10,000 per football athlete per year, and $22,000 per basketball athlete per year. Central Michigan, winner of this year's MAC in football, spends $4,000 per football athlete per year. In fact, six schools in the MAC spend less than $6,000 per football athlete per year.

In addition, the OU football program had a $1.9 million deficit and basketball had a $331,000 deficit last year. To anyone looking at these figures, it might appear that we are attacking the wrong animals. The cows have gotten too big for the barn, so we are throwing out the chickens instead of putting the cows on a diet.

Did the committee in its long study of the problem of the deficit ever consider any of the following ways to solve the problem?

* Cut the athletics budget.

* Make use of the Bobcat funds.

* Reach out to all athletic alumni for donations for a set number of years (we do it for everything else).

* When positions need to be filled in the athletics department, delay hiring for six months and use the money for the deficit.

* Stop paying replacement staff as much or more than their predecessors.

* Ask for help from the Student Senate (you never know what they can do).

I understand that the athletics department is looking into building a new indoor facility. It is amazing that we are cutting programs on the one hand and thinking of building a new facility on the other. I know that private money will be used, but why not use private money to save these programs!

I am asking the university to delay the action so that the athletics department can leave no stone unturned in an all-out effort to save these traditional programs that mean so much to our alumni and student athletes.

Dr. McDavis has said that this action is final. The only thing in life that's final is when the good Lord calls you home. Anything done by man can be undone. If the university does not reconsider this position, it means that a university that once was so proud of its student athletes no longer cares. If indeed, this action is final, this Bobcat will never bleed green again.

Editor's note: Elmore Banton is a retired Ohio University track and cross-country coach. He won the NCAA cross-country title as a Bobcat in 1964.

The love of their lives: Athletes want voices heard, push forward

2007-02-06T07:18:00.000-08:00

From the Post:

The love of their lives: Athletes want voices heard, push forward

After the dust settled on the athletic department’s decision, there are still people left standing and fighting for what they’ve lost, despite the fact that they have been told the decision is final.

This decision to cut four sports has affected more than one hundred athletes and every one of them has a story that they want the administration to hear. Stories they never got to tell because no one ever asked.

Juniors from all three teams said they aren’t sure if they want to continue putting money into an institution that they don’t feel respects them. They have made memories here, but those memories may not overshadow the anger they feel.

“Do I want my diploma to say ‘Ohio’? Do I want my diploma to remind me every day of the organization, the institution that took away the biggest love of my life?” swimmer Cy Moser said.

Junior John Willis from the track and field team said that when he walked on his freshman year, he was receiving an opportunity that other schools may not have presented.

“From high school to my freshman year of college I worked so hard for this team,” said Willis. “It’s hard to take, I mean (the seniors) all get to leave at the end of the year having had their four years, and I get my senior year a year early.”

Senior Craig Leon redshirted last season and has a year of eligibility left after this one, however, because of the timing of the announcement he has missed graduation deadlines for other schools and therefore is “stuck.”

It has now become too late to enroll in most schools and also too late for some athletes to redshirt and save a year of eligibility.

We’d do it for nothing

One of the reasons that Director of Athletics Kirby Hocutt gave last Thursday was that the department is no longer able to provide the experience that they’d like to.

“It’s obvious that because of our financial position, we were not providing our student-athletes with the high-quality experience that is expected at Ohio University,” Hocutt said.

Athletes from these sports all agree they would compete for nothing.

“That’s like putting the cotton swab on my arm before you inject me with the lethal injection,” senior Austin Schiele, track and field team member, said. “What is that going to do? Nothing. That’s not helping us. That’s not making us feel better”

Moser said the team managed to succeed even through the phasing out of its scholarships.

“If the administration told us we had to pack bag lunches on our trips for food we’d do that to keep the program,” said Moser.

Senior thrower Eric Bildstein, said that the team is constantly finding ways to save money, including ordering pizza on trips instead of going out to restaurants.

Lacrosse team members Shannon Hadaway and Jen Heup said that they agree.

“I know that if they had said ‘Hey we’re not going to be able to buy you new sticks or we’re not going to be able to buy you uniforms, we would have been OK with that,” said Heup.

Family separation

At the beginning of the academic year Hocutt gave a speech to the athletes regarding the three T’s of his goals: tradition, titles and teamwork. Many athletes from the cut teams are now feeling differently about the speech.

Junior swimmer Drew Stetson said that the “teamwork” aspect is going to affect the women’s side of swimming.

“It’s like a family, and to break that it’s just going to affect the women’s teams as well,” said Stetson. “I know a lot of girls on our team came here for the combined program aspect and training with guys, it just brings a totally different aspect.”

The thing that hurts most of the athletes is the breaking up of their teams. Hadaway and Heup said they had already discussed having each other in their weddings and that the freshmen on their team had already made living arrangements, but without the bond of the sport future students will not be able to make such close friends. Track and field and swimming and diving athletes said the same was true for their teams.

None of the athletes are prepared to accept that this decision is final. Senior sprinter Dan Bailey said that he and his teammates are in a planning phase.

“(We are) getting ideas going and finding which ones are actually feasible and start doing something with them,” said Bailey.

Athletic Department will consider phase-out of eliminated sports

2007-02-06T07:16:00.000-08:00

From the Post:

Athletic Department will consider phase-out of eliminated sports

Ohio University Director of Athletics Kirby Hocutt said he will consider a gradual phase-out of the eliminated sports to allow student-athletes to stay and play for OU.

“At this time, our decision (to cut the sports) is final, but we will allow some considerations for allowing players to finish their careers here,” Hocutt said.

In a meeting this evening, Hocutt and two other athletic department officials — Rob Andrey, associate athletic director for business and internal operations, and Amy Dean, associate athletic director — listened to student-athletes’ questions, concerns and accusations for an hour and a half. This discussion followed an hour-long meeting with Student Senate and its Student-Athlete Advisory Committee.

About 70 students attended the meeting with Hocutt and William Decatur, OU’s vice president for finance and administration, which featured a PowerPoint presentation explaining reasons for the cut programs. About 50 students followed them to another room for continued discussions.

Representatives of men’s indoor and outdoor track and field teams, men’s swimming and diving team and women’s lacrosse teams complained about a lack of student input and the finality of the decision, one that Hocutt said had to be made.

“The direction we’ve been going is transparent,” Hocutt said. “We have nothing to hide. We as an athletic department and as a university have to prioritize. We just don’t have enough money to do what we want.”

Although the athletic cuts will save the university an estimated $685,000, the athletic department will still operate at a deficit for the foreseeable future, Andrey said.

“We did evaluate the possibility of keeping all programs and projected the budget up through fiscal year 2010,” Andrey said. “We tried to identify every need of every sport.”

Andrey said if revenues increased 7 percent and expenditures increased 3 to 4 percent, the athletic department still would face an overall deficit of $8 million.

“You put a plan in place, and oftentimes, reality doesn’t follow what you planned,” he said. “We have returned every phone call from every parent to my knowledge and will continue to meet with students.”

OU, which will go through an NCAA compliance evaluation in 2008, created a seven-person advisory committee in summer 2006 to discuss the cuts. Before the decision was made, OU offered the second-highest amount of athletic programs in the Mid-American Conference but had the third-smallest operating budget.

“There is no way to maintain a balanced budget as mandated by (OU President Roderick McDavis) and add any sports,” Hocutt said.

Decatur said the options of generating revenue are limited.

“We can only push ticket prices so high,” he said.

Track Video Compilation

2007-02-04T21:25:00.000-08:00

From Susan Plungis, Track Alum:

Phil Whitten of the College Swimming Coaches Association of America Blasts the Cuts

2007-02-04T20:45:00.000-08:00

This link is from Lane 9 News (swimming):

Whitten Blasts Ohio University President, Athletics Director for "Bogus" Attempt to Cut Men's Swim Team -- February 2, 2007

An Interview with Phil Whitten, Executive Director of the College Swimming Coaches Association of America

By Jason Marsteller

PHOENIX, Arizona, February 2. TODAY, SwimmingWorldMagazine.com sat down with Phil Whitten, the Executive Director of the College Swimming Coaches Association of America (CSCAA), to discuss the recent decision announced by the Ohio University administration to cut its men's swimming program along with men's indoor and outdoor track and field and women's lacrosse.

What was your initial reaction to the cuts at Ohio University as we first reported on Jan. 25?

My initial reaction was that it made absolutely no sense whatsoever. On further investigation and refection, that initial reaction has been reinforced.

The University said [the cuts] were being done to comply with Title IX, and because of a $4 million deficit the department has accumulated over the years.

Yes, that's what they said. Now let's look at the facts. Actually, there are two major reasons why this decision fails to stand up to scrutiny. Let's look at each of them.

First, the University is not out of compliance with Title IX according to the Women's Sports Foundation, probably the leading advocate for Title IX adherence. Last year, Ohio University ranked first out of the 119 Division I schools in Title IX compliance. This year, it ranks 21st � still better than more than 80 percent of Division I schools. So why does the athletic director maintain that his department is not in compliance? I believe there are only two possible explanations: Either his analysis was seriously flawed or there was a deliberate attempt to misstate the facts.

As for the issue of the budget deficit, the second rationale: Yes, the Ohio University Athletic Department has built up a $4 million deficit over the years. This is not something that happened overnight. Didn't anyone notice?

Aside from that, you have to ask: what impact would cutting men's swimming have on the deficit? It turns out that the incremental cost of having a men's swim team -- in addition to the women's team -- comes to roughly $35,000 a year. Let's see: at $35,000 a year, it would only take a bit more than 114 years to erase the deficit. And, that's assuming zero inflation and zero interest on the debt.

On top of that, we have learned that even as the A.D. is crying "poverty," he plans to move on with building a $20 million indoor football practice facility. When asked, he says "most" of the $20 million will come from "private donations." But he's unclear about how much "most" is. It could be just pennies more than $10 million. Or it might be 11 to 12 million, or maybe even 15. Whatever it is, it will only add to the deficit, perhaps doubling or even tripling it.

As a former college professor, I would have to give the OU administration an "F" for research and transparency.

There has been talk that the process by which the decision was made was flawed. Is that so, and can you enlighten our readers on the issues with the process as well as the reaction to those problems?

Sure. The process has been seriously flawed from the get-go. Like all universities these days, OU has a specified, institutionalized process for dealing with this type of issue. That process includes representation of the students. At OU, that representation comes through its Student Athlete Advisory Council. Yet, the administration ignored its own policy and deliberately excluded the student-athlete reps. Why?

I understand that the students are so angry about both the decision, and the deliberate exclusion of student input in the process, that they plan to hold a rally today in support of the four teams and then march on the president's residence.

In addition, the student government has stated that it will withhold the $1 million it contributes to the athletics budget if the sports are not reinstated.

The students are angry. Yes, they support the teams that the administration wants to kill, but they are even angrier by the fact that they were cut out of the process.

What is the CSCAA doing about this issue?

Well, in addition to suggesting to the coach, athletes and alumni ways of responding to this threat, we plan on obtaining a number of documents and e-mails regarding the decision, going back 17 months when this process first began under the Ohio Public Records Act.

It should be interesting. During the last 17 months, the University has consistently said it would not cut teams if the school was out of compliance with Title IX. For almost a year-and-a-half, the A.D. told coaches it would reduce roster sizes proportionally if there were a Title IX problem.
Apparently, that was not at all what he was planning.

What about other potential alternatives to making these cuts?

Well, the athletics department stated that it looked at every possible alternative, and that this was the only one that could solve the problems.

As we have seen, there is no Title IX problem, though there is a real deficit. But the AD's "solution" is no solution at all. Maybe it would be in a world constructed by Franz Kafka.

You know, it reminds me of an incident during the Vietnam War when one U.S. officer explained: "We had to destroy the village to save it." That's akin to the action the OU administration would take citing Title IX. "We had to cut three men's teams and a women's team to increase opportunities for women." Can you hear "The Twilight Zone" music?

Tell me, how does cutting a women's team -- not to mention three men's teams -- increase opportunities for women? Does OU have Kafka writing its pres releases

As for there being no other alternatives, that is pure rubbish. It took me 20 seconds to come up with a better one to the alleged Title IX issue: How about creating a women's water polo team with the available athletes you already have on the women's swimming team? That is, if you are even out of compliance with Title IX. Greg Werner, the swim coach, has experience coaching water polo experience and he's already on staff, and you don't have any additional facility costs.

With that one move, you don't cut women's lacrosse which, like water polo, is an emerging women's sport. And you, have added 25-30 women athletes at a rock-bottom, minimal cost.

As for exploring all other possibilities, that's a joke. Ohio University did not even take the first step. Here's what Myles Brand, the President of the NCAA, said recently.

�I certainly hope no University cuts sports to comply with Title IX. There are always alternatives. The NCAA is always ready and able to work with an athletics department to identify acceptable alternatives to cutting sports. It should not be the case that men's participation opportunities are diminished to comply with Title IX."'

Here, we have the president of the NCAA, Dr. Brand, saying don't cut teams and we will work with you if you come to us. Then, we have OU claiming to have explored every possibility when it didn't bother to take even a first baby step.

The Ohio Association of Track and Cross Country Coaches Resolution

2007-02-04T20:31:00.000-08:00

This is a letter I received from Matt McGowan, Editor/Publisher RUNOHIO:

I just wanted to share with you that Rod O’Donnell and I spoke to the Ohio
Association Track and Cross Country Coaches executive board at their business
meeting on Thursday evening. The executive board passed a resolution to write
a letter to support keeping track and field at Ohio University and other
universities. They will post their letter later on their web site
(http://oatccc.com) and they are also encouraging their 1,500 plus members to
get involved to help “Save Track & Field”. After the high school rules
interpretation meetings on Friday; coach O’Donnell addressed the Division I
coaches, I addressed the Division II coaches and OATCCC president Vern Kiehl
addressed the Division III coaches. We asked the coaches to get involved to
express their concerns to the university officials and Ohio elected officials.

The Ohio University Board of Trustees plans to vote on the recommendation of
dropping Men’s Track & Field at their mid-February meeting.

What can YOU do?

1) Write the universities Presidents, Athletic Directors and Trustees
members to voice your concern, this is especially important if you graduated from the university, recommend students to go to the university and if you or your business donates money to the university. Link to OU Board of Trustees - http://www.ohio.edu/president/trustees/index.cfm

2) Write a letter to your Ohio congress/senate members and voice your
concern. To find your representatives go to:
http://www.house.state.oh.us/jsps/Representatives.jsp and
http://www.senate.state.oh.us/senators, then type in your zip code.

3) Write a letter to the editor of your local newspaper and voice your
concern.

4) Pass this information on to as many friends as possible and ask them to do the
same.

With YOUR Help We can Work to SAVE TRACK & FIELD !!
Matt McGowan, Editor/Publisher RUNOHIO
http://www.runohio.com

Another Great Post from a Track Alumni/Coach

2007-02-02T19:37:00.000-08:00

From JJ Huddle:

As an alumni of The Graduate School of Ohio University, a former Graduate Assistant for the OU Track & Field Team, a husband of a member of 5 MAC Team Championships for Cross Country/Track & Field at OU, a brother-in-law of a graduate of the Medical School of Ohio University, a son-in-law of an All-Mac football player who played in the Sun Bowl for OU, a good friend and former college teammate of the current Men's and Women's Head Cross Country/Track & Field Coach, and a good friend and co-worker of Coach Elmore Banton - the former Head Coach at Ohio University for twenty-three years and the 1964 NCAA Cross Country National Champion, I have a vested interest in the well-being of the OU Track & Field community.

First, I would like to present to you some valuable information that you need to know, some interesting facts, and some things that need to be done.

On January 25, 2007, Ohio University announced the dissolution of Men�s Track & Field because �Today, Ohio University is committed to compliance Title IX. It is committed to compliance with this federal statute that guarantees equal rights to everyone regardless of gender.� Quite frankly, Ohio University is taking a step backwards in their compliance with Title IX. In 1995, OU adopted a gender equity plan calling for the addition of three women�s sports. Those three sports were added by 1999. However, in 2001, to continue with compliance with Title IX it was determined that a fourth sport needed to be added. That never happened. In fact, on January 25, OU dropped a woman�s sport � Lacrosse. How is that a continuation of their compliance with Title IX? There is a way for OU to be compliant with Title IX without dropping ANY sports. There are alternatives to compliance with the federal statute that do NOT include the dissolution of sports.

According to the Office for Civil Rights, a federal organization under the US Department of Education, there is �nothing in Title IX that requires the cutting or reduction of teams in order to demonstrate compliance with Title IX, and that the elimination of teams is a disfavored practice. It is contrary to the spirit of Title IX for the government to require or encourage an institution to eliminate athletic teams.� Therefore, even the federal government, who mandates compliance with Title IX, emphatically disapproves of the elimination of sports to maintain compliance.

According The Post on January 29, 2007, �Ohio University is the state�s least racially diverse college and offers one of the lowest percentages of financial aid among similar schools in Ohio, according to the Ohio Board of Regents� 2006 Performance Report.� Taking that into account, OU is now going to cut a sport, Men�s Track & Field, that historically has around the second or third highest number of minority athletes. This would clearly further hurt OU�s weak reputation in terms of racial diversity even more. According to the January 25th press conference, OU is firmly committed to the �nearly 100 student-athletes. These individuals are our first concern.� If these athletes were their first concern, the administration should have found a solution that did not cut their sport and directly hurt both compliance with Title IX and their commitment to improving racial diversity. This cut is a clear step back on both fronts.

�Our athletics budget was in the bottom half of the conference,� the Athletic Director said in his January 25 press conference. According to the Office of Postsecondary Education�s website, http://ope.ed.gov/athletics/main.asp, OU Athletics has the HIGHEST operating expenses in the MAC � meaning that they have the most money to work with for their athletic programs. The AD also said that the women�s programs were near the bottom of the conference in terms of operating expenses � that�s his fault for budgeting that way. Cutting the three sports will save the department around $685,000. Of that $685,000, over $400,000 of that is from the Women�s Lacrosse Team. Therefore, this cut is hurting the women�s programs even more by taking more money away from them. Before the cuts, the women received 32.7% of the operating expenses. After the cut, the women will receive 31% of the operating expenses. Again, these cuts in the name of gender equity are further hurting the women�s programs and compliance with Title IX. The two men�s sports being cut have the lowest operating expenses per athlete of the men�s sports. Why would you cut the lowest budgeted sports to save money? Football has higher operating expenses than all the women�s sports combined � it is number two in the MAC in terms of football operating expenses. Football has operating expenses of $1,082,469. The women�s operating expenses for ALL women�s sports are $859,298. To take this one step further, the operating expenses Per Participant for Track & Field is about $1000, Football is $10,117, for Men�s Basketball $22,964, and for Men�s Swimming and Diving $2,325.

Considering all of this information, I want to advise you on some things that YOU can personally do to help save your Track & Field team at Ohio University.

1. Get some information and facts together like this. Do some research at some websites like some of the above listed. Put some numbers together and find facts. You need to get this information together to give to the Board of Trustees. This decision IS NOT FINAL! The Board of Trustees does actually have the power to undo this decision. They have the power to assist you in this more than any other group.
2. This needs to be done NOW. You will need even more information than this and it needs to be done quickly before it is too late. Try to keep emotions out of it. Give them information. Give them facts that will make them rethink their decision and to open up dialogue on this issue.
3. The Faculty Senate Meeting is February 12th. Try your best to get the information to each member and ask them to put this decision on the agenda. Find out when the Board of Trustees meets and get this information to them before they meet.
4. Release your information to the news media beyond The Post in Athens. This is powerful information and a powerful story that can help gain support. Go to papers recognized in the state or even nationally.
5. Letters to the President and to the Athletic Director may not be effective. They are prepared for this and are expecting a wave of criticism.
6. Get the members of the Men�s Swimming and Diving and the Women�s Lacrosse Team to join you in your efforts. The Athletic Director said that YOU are their PRIMARY CONCERN. He asked you to SUPPORT EACH OTHER. This decision affects the lives of each and every one of you. You are in this together. Help each other.

Be aware that THERE ARE WAYS TO BE COMPLIANT without cutting sports. This is not a necessary recourse for compliance with Title IX and solving budget issues. It is a CLEAR step back as far as compliance with Title IX and racial diversity is concerned. These are just some of the glaring facts that need to be made known to everyone. It just takes a few of the right people to understand your point of view for a change to be made. Good luck.

Sincerely,

Mark McClure
John Carroll University Cross Country/Track & Field Coach

Here is the (now) Public Information on the Cuts

2007-02-02T17:18:00.000-08:00

Note: all PDFs should be up and running now. (2/4/07)

All documents from the public information request have been scanned and are ready for our dissemination. Please review them all carefully and post a comment or email me your thoughts, which will then be posted on here. Also, if you know of any specific information that you want me to request via Ohio's public information law, you let me know.

I never realized how hard it is to scan 250 pages, so the contents of the PDF files are a little unorganized. Please be aware of the page number information under each PDF.

PDF 1

Page 1
Letter to me from John Burns

Page 2
Fiscal Year 2008 Roster Sizes

Pages 3-7
Communications Planner: For the Announcement and Transition Period Relating to the Dissolution of the Athletic Programs in 2007

PDF 2

Pages 1-35*
Lamar Daniel, Inc Report for Ohio University Addressing Title IX Compliance Status

PDF 3

Pages 1-48
Ohio University Athletics Executive Committee Meeting (9/11/06)
Vision for Ohio University Athletics: Comprehensive Excellence: A Model Program

PDF 4

Pages 1-10
Ohio University Internal Audit: Review of Intercollegiate Athletics (ICA) (5/25/06)

PDF 5

Pages 1-52
Ohio University Athletics Executive Committee Meeting (11/1/06)
Three Issues: Student Athlete Welfare, Finances, Title XI

PDF 6

Pages 1-5
Rational Document – Draft, Athletic Director’s Office

Pages 6-9
Letter from NCAA Committee on Athletic Certification to Former Athletics Director Tom Boeh (5/1/01)

Pages 10-17
Letter from Former Ohio University President Robert Glidden to James Walker, Chair, NCAA D1 Committee on Athletics Certification (7/10/01)

Page 18
Affected Constituent Groups

Pages 19-21
Athletic Rosters

Pages 22-24
Professional Advisors

Pages 25-26
Broad Timeline of Significant Events (1/12/07)

Pages 27-31
Frequently Asked Questions
(These are continued onto the PDF 7)

PDF 7

Pages 1-4
Frequently Asked Questions
(These are the continued FAQs from PDF 6)

Pages 5-8
Director of Athletics Kirby Hocutt’s Remarks (1/25/07)

Pages 9-11
Timeline

Pages 12-15
Table of Announcement Plan

Student Senate Resolution Opposing the Cuts

2007-02-01T18:23:00.000-08:00

Click here to read the Student Senate resolution.

Public Records Request is In (200+ Pages)

2007-02-01T18:13:00.000-08:00

I promptly received the public records request today from OU. I requested any and all relevant documents relating to the cuts. These files include alternative options, steps for how to prepare the news to the public, and a review of OU's title IX compliance. In other words, more information that we would ever need.

I should have it all scanned and turned into a PDF by tomorrow. Stay tuned.

DC Alumni Speak Up

2007-02-01T07:53:00.000-08:00

From the Athens News:

Letter: D.C. alumni chapter not happy about OU cutting four sports

Dear President Roderick McDavis and Athletics Director Kirby Hocutt:

On behalf of the Nation's Capital Alumni Network, the most active chapter in the country and the largest outside the state of Ohio (with 4,000-plus OU alumni), we wanted to write you to express our displeasure upon receiving the news that four sports teams had been eliminated -- without public, student or ALUMNI input.

While we understand that economic times are tough for the university and the athletics department, what we do not understand is why every effort was not made to keep these programs before cutting them. We know that a committee was put together to study the issue and make recommendations, but we don't feel that was enough. What other options did they consider?

Why was this crisis and potential course of action not announced to the students and alumni?

This University raised $200 million from supporters during the Third Century Campaign. A new athletic support effort was made this year with the "Bobcat Club" that raised $400,000. We can raise more.

Why was there not a year-long campaign to raise the $4 million that the athletics department is in debt? Why not a call for support to keep these four programs?

You have asked the students and alumni to pitch in to help raise money and pay for all kinds of projects in the past (Ping Center) and currently with the new Baker Center. There are more than 150,000 alumni of this fine institution, and many who are very well known.

Why not ask one of them (Matt Lauer, Peter King, Mike Schmidt, Dave Zastudil, etc...) to be the spokesperson to help raise the money to keep these teams and help the athletics department out of its hole?

Many of our well-known alumni are solid supporters of Ohio. Surely, one of them would agree to lend his or her name and time to this effort. Why not ask the alumni (and students) for ideas on ways to help with this problem?

We have a nationally respected sports administration program, business majors, finance majors, economics majors and public-relations majors. Could one of them come up an idea that the members of the committee did not think of? We think they could!

Why not ask the alumni of these programs to donate to keep their teams?

While we regret the decision to eliminate the teams, we regret even more the manner in which it was handled. The alumni of this university have given and given a lot to support our school. In comparison to other schools and alumni, we have found Ohio alumni very loyal and committed to the school. The alumni of this school want to give back to our alma mater and do so frequently. If you ask alumni to help and give them the reason why and how it will help Ohio, we won't just jump, but we will ask "How high?" All we ask is that we are included in the discussion.

The student athletes who are losing their teams are our little brothers and sisters, children and grandchildren, and future fellow alumni. We desire nothing but the best for OUr university and for them.

These cuts eliminate ways that students can get involved on campus, and reasons why students would attend Ohio. We ask you to reconsider your decision to eliminate these teams until all efforts to keep them have been made.

The Nation's Capital Chapter Network Board
Robert Walter, President
And all 4,000 alumni in the D.C. region

(The vote to send this letter was unanimous among the NCCN board.)