For Immediate Release
Oregon Wrestlers File Suit to Save Threatened Team
Contacts:
Ron Finley, Save Oregon Wrestling Foundation (541) 579-7331
Jeremy McLaughlin, University of Oregon ‘09, Wrestler (541) 282-4476
Richard D. Franklin, Attorney at Law, Portland, Oregon (503) 665-9148
Lawrence J. Joseph, Attorney at Law, Washington, D. C. (202) 669-5135
Citation:
Equity in Athletics in Oregon v. Frohnmayer
Circuit Court of the State of Oregon for Marion County
For more information:
http://www.SaveOregonWrestling.com
http://www.EquityinAthletics.org
Eugene, OR (June 9) — Members of the University of Oregon’s wrestling team filed suit Friday afternoon in the Oregon Circuit Court for Marion County, seeking to prevent the University from dropping wrestling as an intercollegiate sport. Circuit Judge Albin Norblad will hear the case.
The complaint alleges that the UO’s plan to eliminate wrestling would violate not only the procedural requirements for dropping an intercollegiate team but also the substantive requirements of the equal privileges and immunities clause of Oregon’s constitution, an Oregon anti-discrimination statute known as Section 659.850, and the Oregon University System’s implementing regulations.
In essence, the University mistakenly believed that gender equity under the federal Title IX statute required UO to eliminate men’s wrestling to enable UO to add men’s baseball, without considering whether that would violate Oregon’s constitution and statutes, as well as established University procedures. After acknowledging that Title IX did not require UO to eliminate wrestling to make room for baseball, UO spokesmen developed several new reasons to justify their original decision to drop wrestling. Like the original Title IX reasoning, however, the University’s new reasons fail to consider violations of Oregon law and University procedures.
The complaint seeks a preliminary injunction that orders UO to defer dropping wrestling until the athletic department completes the required intra-University consultation with UO’s Intercollegiate Athletics Committee and offers the affected students the opportunity for a hearing. Either UO’s president or the Oregon University System’s chancellor would make the final decision after the hearings. If UO still intends to drop wrestling after the required hearings, the parties would return to court to challenge that decision before the preliminary injunction dissolves.
The plaintiff, Equity in Athletics in Oregon, is an Oregon non-profit corporation that represents returning members of the Oregon wrestling team, prospective students who wish to wrestle at the University, and other Oregon citizens interested in the University’s proving an equitable athletic opportunity. The defendants are the University of Oregon, UO President David Frohnmayer, the Oregon University System, OUS Chancellor George Pernsteiner, UO Athletic Director Pat Kilkenny, UO Associate Athletic Directors Reneé Baumgartner and Neal Zoumboukos, and UO General Counsel Melinda Grier.
When Athletic Director Pat Kilkenny announced the resumption of the Oregon baseball program, suspended since 1981, during a press conference on July 13, 2007, he cited the need to comply with the gender equity provisions of U.S. Department of Education policy under Title IX by dropping wrestling and adding women’s competitive cheerleading. Wrestling boosters have argued that Title IX does not require UO to drop men’s wrestling simply because UO intends to add men’s baseball. In response, UO appears to have conceded that its initial Title IX rationale was flawed. On two occasions, in a Feb. 27, 2008, interview in the student newspaper, the Daily Emerald, and in a March 6, 2008, article in the fan publication, Ducks Illustrated, Zoumboukos acknowledged that Title IX did not require UO to drop wrestling.
Instead, Zoumboukos indicated that UO now was dropping wrestling for a combination of four criteria, neither one of which was determinative: (1) UO lacks a wrestling facility; (2) the Eugene area lacks a dedicated fan base; (3) the opportunity to capitalize on an investment; and (4) the lack of support in the Pac-10 and NCAA Division I.
While the plaintiff disagrees that the federal Title IX law even allows UO to cut wrestling, the complaint alleges that UO violated Oregon’s stronger anti-discrimination laws by not applying the same criteria evenly to both men’s and women’s teams. For example, interscholastic wrestling is more popular in Oregon and nationally than women’s lacrosse and competitive cheerleading, the Pac-10 and NCAA Division I support wrestling as much or more than those women’s sports, UO wrestling has higher attendance than several women’s teams, no women’s teams are required to pay their own way, and the wrestling community has offered significant financial contributions to endow UO wrestling.
“Since we all agree that federal law does not require UO to cut wrestling,” said attorney Richard Franklin, “the question is whether Oregon law allows UO to use a one-sided analysis to cut wrestling.” Last month, the Oregon Supreme Court held that the Oregon State Activities Association violated Section 659.850 by failing to schedule basketball playoff games around the Saturday Sabbath of athletes of the Seventh Day Adventist faith.
The plaintiff alleges that UO’s mistakes were compounded by the athletic department proceeding without the required hearings and consultations. “Oregon does not require administrative procedures to make people feel good,” said Franklin, “we require it because it helps agencies make better, more informed decisions when they publicly air an issue and allow the affected public to voice their concerns.” In 1987, when Frohnmayer served as Oregon’s Attorney General, he authored an interpretation of the Oregon Administrative Procedures Act that required universities to provide students who failed a drug test the opportunity for a hearing before terminating the right or privilege of participating in athletics. The plaintiff argues that the same rationale applies to terminating an entire team. “If UO had held a pre-termination hearing, it would have become obvious before UO took any final action that the athletic department had misconstrued Title IX and failed to consider Oregon law at all,” added Franklin.
Since Kilkenny announced the planned elimination of Oregon wrestling last year, a coalition of alumni led by former UO wrestling coach Ron Finley formed the Save Oregon Wrestling Foundation and has raised more than $3 million in cash and pledges to endow UO wrestling. Such efforts have succeeded at other schools. Last month, Arizona State University announced plans to drop intercollegiate wrestling, but ASU reversed the decision two weeks later after boosters promised enough money to endow the sport. To date, however, Duck athletic department officials have shown little interest in working with the Save Oregon Wrestling Foundation.
According to statistics furnished by the Oregon School Activities Association, wrestling is the second most popular boys’ winter sport in Oregon high schools. For the 2006-07 school year, the latest figures available, some 4,659 boys wrestled on Oregon scholastic teams. This number does not include the 55 girls, 31 home schoolers, and 17 foreign exchange students who also participated in wrestling on the high school level.
Some 70% of University of Oregon wrestlers, averaged over the past three seasons, are graduates of Oregon high schools. This represents the largest percentage of native Oregonians on an UO intercollegiate athletic team. Only one other Duck athletic squad, the women’s cross country team, has more than 50% Oregonians on its roster. The University sponsors intercollegiate sports, such as women’s lacrosse, in which Oregonians do not compete on the high school level.
Wrestling at the University of Oregon has existed since 1913 as a club sport and since 1953 as an intercollegiate sport. Oregon wrestlers have won 32 All-American honors and 69 individual conference championships. Five Ducks have wrestled and one has coached in the Olympic Games.
The plaintiff is the Oregon chapter of Equity in Athletics, which is suing the U.S. Department of Education and James Madison University in Virginia over JMU’s plans to eliminate men’s and women’s archery and gymnastics, women’s fencing, and men’s track, swimming, and wrestling. Equity in Athletics also is working with a foundation formed by parents and alumni to save the Syracuse University men’s and women’s swim teams, which Syracuse had scheduled for elimination next year. In response to those efforts, Syracuse extended the elimination date forward three years to allow all matriculated swimmers to complete their athletic careers at Syracuse, which that foundation hopes will allow enough time to endow the swimming teams.
Equity in Athletics in Oregon is represented by Richard D. Franklin of Portland, Oregon, and Lawrence J. Joseph of Washington, D.C.
Tags: Dave Frohnmayer, Ducks, Frohnmayer, Ron Finley, Save Oregon Wrestling, SOW, University of Oregon, Wrestling
truth seeker Says:
June 9th, 2008 at 8:00 am
Facts will show the complete bias, underhanded tactics, double standards and dishonesty by the department. No matter what your opinion of wrestling is, the UO completely dropped the ball on this one and acted quick and fast, acting cavalier. They have some explaining to do. And it happened on Dave F’s watch.
Dane Says:
June 9th, 2008 at 9:38 am
I used to have sympathy for the wrestlers at Oregon. Then they got annoying. Now, they’re going to become public enemy #1 at the school. LET IT GO!! Bunch of babies.
Richard Says:
June 9th, 2008 at 9:43 am
My only fear is if the program is re-instated all the backlash they’ll get for fighting to save their program. I commend these guys for never giving up even when a lot of the diehards kept telling them to just give up. Quit is something that isn’t in a real wrestlers vocabulary.
Shaun Says:
June 9th, 2008 at 9:56 am
Great, a long drug out legal battle about a sport that 47 people give a rip about. If I was a wrestler I would fight for it as well so I understand where they are coming from. THe reality is however that wrestling has no broad appeal. I can tell you right now, in 100% honesty, I would watch a bunch of cheerleaders run around for hours while I will never want to watch barely clothed men grapple with each other, give each other cauliflower ear or give each other butt drags (real move people).
Todd Says:
June 9th, 2008 at 10:00 am
Judge Norblad will be fair and favor UO. If he bases his decision solely on the financial impact of keeping wrestling, and is presented with the “past evidence of the sell-out crowds at Mac Court” (tongue placed firmly in cheek), then the “truth” shall (finally) set UO free.
Doug Says:
June 9th, 2008 at 10:51 am
Great. Way to waste the judicial system over something 99.5 percent of the people don’t give a rip about.
truth seeker Says:
June 9th, 2008 at 11:05 am
Doug, a lot of court cases would represent that. I dont think the judicial system is set up to entertain people, kind of like the mission of the UO athletic department and all the detractors that just hang on Pat’s every word. It is supposed to also be about the athletes, etc. Because you dont care about it, does not invalidate it. And 5000 or so people did show up for a wrestling event at the Uo this fall. So a few care.
truth seeker Says:
June 9th, 2008 at 11:16 am
Todd, if we went by all crowds to “justify” sports programs at the UO or any university, many sports would likely not survive. They almost all lose money. When did it become all about that anyway? And if the wrestling program is willing to pay for itself (not that they should be help to a higher standard than anyone else) what is the big deal? Whay can they not stay intact?
Doug Says:
June 9th, 2008 at 11:45 am
On average though how many people show up for a wrestling meet. Most of those are just family and friends. Face it…..it’s not that popular so they aren’t going to get the support of the community when it comes to trying to bring it back. I’d be perfectly happy if the Ducks only kept the money making sports. The sports that lose us money EVERY year generally get to stay around. If a business lost money every year they normally wouldn’t be around.
Richard Says:
June 9th, 2008 at 12:58 pm
Hello. You’re not listening. UO wrestling only wants the right to re-instate the program at the college, but is willing to raise all the money to fully endow the program. This is what many college programs do, including OSU’s team. It won’t cost UO a dime to re-instate as the funds will be there and a new facility will be built for FREE.
So, again how will this affect you football and basketball fans again? Why do you have such a problem with athletes from other sports wanting to compete in another sport and wear a Ducks uniform in doing it. that’s all these kids ever wanted to do and if they are willing to raise the money to fund it, then why not let them?
No one here has given one legitimate excuse as to why they can’t have the program re-instated, other than their same old lame excuses that nobody cares and or they don’t like it. Who gives a crap! If you don’t care, then why would it be any different than before? And yes fans do show for the matches. And this is with the athletic dept doing absolutely zero advertising for the matches, doing a horrible job of scheduling matches on dates when people will show(come on Wed at 1pm, who the hell would show) and flat out leaving them out to dry.
I also get tired of these same excuses without even doing a little research. So, basically you state because you don’t watch it, its not a popular sport. That doesn’t mean people don’t watch, especially when matches are scheduled on the right dates and advertised like B-Ball and football are. The NCAA tournament sells out every year. Almost 100,000 people attended over a 3 day period. More would show if more seats were available. Heck, in the Big 10(where they actually give a crap about all athletes) they have many matches with over 10,000 in attendance. Sometimes, 15,000.
And again, wrestling is the 6th most popular sport in the Nation. Close to 270,000 wrestlers competed last year in the sport. This doesn’t count the many thousands more kids who weren’t counted in states like Arkansas(which is sanctioning wrestling next year. Before they didn’t count numbers) and NYC where wrestling has exploded with its Beat the Streets program.(Something like 50 new HS programs have been started in the last year).
So maybe our sport isn’t your cup of tea. However, it doesn’t mean those who think it is, should be thrown by the wayside.
BTW, if we went by mere attendance as a justification of cutting a sport, the only sports that would exist at UO would be football and B-ball.
truth seeker Says:
June 9th, 2008 at 12:59 pm
yor right… lets cut debate, the Oregon daily Emerald, the band, the cheerleaders. Lets keep going with the NCAA champ Duck cross country program, track, all women’s sports, nearly all student activities on campus. And while we are at it, let’s get ready to drop that new baseball team after its first year. Because it will lose money, and a lot of it! Way more than wrestling.
Doug Says:
June 9th, 2008 at 1:36 pm
Sounds good to me Truthseeker. If they can fund themselves then I’m all for it! Let them come back then. Just don’t ask me for the money to pay for their flights to and from matches and to pay for the coaches. I’m just tired of funding the money losing programs from my football and basketball tickets and donations.
Richard Says:
June 9th, 2008 at 1:50 pm
And you have that right to say that. The money is ready to fund the program, along with a brand new facility to be built for free. Just need them to give the say so.
Western Man Says:
June 9th, 2008 at 2:03 pm
You wont be asked for a dime Doug. Just make sure to point yourself out if someone asks you. Have you ever been asked in the past? Maybe at the beer garden and hamburger tent that Finley, Kearney, Dixon and hundreds of UO wrestlers have been providing for the OCOP group for 20 yrs plus or so….I know there was tip jar out there, but I dont think people were generally asked outright for money. Now, if only Pat K and company had the same attitude as you, the wrestling program would be back in business. We will pay our own freight. I don’t feel that we should, and the precedence could be troubling to other programs that finish in the red (including baseball, folks). But we will. It is that damn important, and I hope other people realize that. We want to keep our kids at home and keep alive a program with a heck of a lot of history, I think that is a good thing.
Doug Says:
June 9th, 2008 at 2:29 pm
I agree. If you can become self sufficient like the football and basketball programs then by all means bring back wrestling. I would be happy to identify myself. I don’t really get what you meant by that though.
Richard Says:
June 9th, 2008 at 2:50 pm
The OCOP tent is huge during game day. I’ve been there and the wrestling team was always workign their butts off to help those fans and alum out.
Western Man Says:
June 9th, 2008 at 3:24 pm
I meant point yourself out as not being interested in donating money to non revenue sports, sorry for the confusion. Some people have different interest and want to donate/earmark their finds for different areas. No prob. Interestingly enough along these lines, people that have wanted to donate to wrestling through the DAF have been flat out discouraged from doing so over the years. Then in justifying the dropping of the program, the UO brass, talks about lack of donated funds. Meanwhile, the program has over 3 million in donated and pledged funds since the axing to a private outside the dept account. I would guess alot more than all but a few of the sports have raised or gotten pledged, all without the assertion that it will go toward bringing the program back. I think if alowed the opportunity the program can survive on its own merits.
Jarred Says:
June 9th, 2008 at 3:38 pm
ASU raised 8 million for their program. UO raised little more than 2. For those of you struggling with the math, 8 million is a lot more than 2. You haven’t come close to fully endowing the program.
ya’ll have very well scripted arguments and make it seem like there is no reason why wrestling should have been cut. But it was cut wasn’t it?
Wrestling can “pay for itself”, the University is within the rules of title IX, wrestling has a positive effect on the University, it doesn’t hurt anyone… Despite all that, it still got cut.
Its a conspiracy! The University must hate money, making people happy, and wrestling. Ya’ll might be better off someplace else.
UO Wrestler Alumni Says:
June 9th, 2008 at 4:13 pm
What are people thinking here? Did they think that us wrestlers would just roll over? We did everything imaginable to allow Pat Kilkenney the opportunity to get it right. It should also be noted that when Zane Kesey met one-one-one with Dave Frohnmeyer to understand what we needed to get our program reinstated, Dave Frohnmeyer couldn’t really give an honest, straight forward answer. But what did Dave Fohnmeyer do? He cried!!!! He physically CRIED!!!!! Dave Frohnmeyer did not do the right thing. Now, he has this mess on his hands, along Mens Baseball, Competitive Cheer?????, the Baseball Stadium, and the new Arena.
All Dave had to do was be a leader here. Now, both he and Pat Kilkenny’s mark on history at the UO will be a mis-managed MESS!
If you were a high school kid today and a pretty good athelete, would you want to go to the UO and compete? It would be very hard to.
Cal Says:
June 9th, 2008 at 4:24 pm
Jarred, you are asking the same questions that the AD has not answered.
ASU set the number and the promise to meet it was accepted. For more than a year UO has refused to state what it would take. How can you strive for an unstated goal?
Richard Says:
June 9th, 2008 at 4:27 pm
Again you lack facts in your statement Jarred and with a little research(no more than about 10 minutes) you’d know that your personal opinion, isn’t a fact like you state.
ASU’s $8 million has not been raised. However, the AD gave the ASU people a number, they came up with $2 million right off the bat. They met with the AD and came up with a plan to re-instate with the stipulation that ASU would raise the $8 million for endowment of the program, while being able to still compete. The AD agreed, thus the program was re-instated. They were given a number and assured the AD they would raise it. This is something the Geico guy never did. His lack of AD experience showed with this move. I guarantee you if Kilkenny had given them an actual number to reach and it was made public, the program would have little trouble reaching the goal. There are a lot of people waiting to donate money once its re-instated. They choose not to donate to the school now in fear UO will simply take the money and give it to another sport.
Now, the donations are actually close to the $3 million range, plus they are getting a brand new facility built for free(along with a new tennis facility because it was lost to), and if the program is re-instated, they will get another $1 million donation on top of that. So, in all actuality, the money is in the range of $4 million plus, if you factor in the new facility.
Wrestling was never asked to pay for itself. Also, due to Baumgarter’s false numbers that she personally gave Kilkenny, in which she said wrestling numbers were dropping dramatically(when in fact the numbers show that is quite false. It took me 10 minutes to find them. Hey hire me for an assistant AD job), he decided to cut. However, didn’t bother to find out if what she gave him was even true or not. She also told him they were out of Title 9 compliance, which in fact was false as well.
And yes, this does sound rehearsed because this is probably the 100th time I’ve had to state what the actual facts are for the people who think their personal opinion is fact instead. Opinions are not facts.
Here’s something I’d like answered as well, what is UO still doing with the money they get from the Cultural Exchange program to fund a scholarship for wrestling? If in fact, they cut it for good, are they going to give the money back or just keep it? That’s something they may bite them in the end as well.
truth seeker Says:
June 9th, 2008 at 4:30 pm
Jarred- me again. I do know a lot more truth than you, despite what you want to believe. I don’t think I have spread any lies, but feel free to point them out. Maybe you do not agree with our point, that is fine. But lies? No. By the way, look further at ASU if you want the truth….they have not raised all the money yet, but they will. Uo would like you to believe that they have come in with a check down in Tempe, it makes them look not quite as bad. As far as being committed to raising the money, so would UO wrestling supporters if given the chance. The deal with ASU is that their admin is willing to work with the interested parties. They sat down and gave them a target figure to hit and a timeframe to do it. Pat and co. have not been open to good faith negotiations. And if you think they have not had the opportunity to get some sort of plan in action, think again. Lawsuit was last resort. If you know Ron Finley, you would too think that he is one of the greatest guys on earth and like to help him out. And contrast to many, he would give all he had to any duck. He has for years, as a matter of fact. He has worked for the past ten years or so since his retirement from coaching for the Duck Athletic Fund. That is right, raising money for the scholarship fundraising arm of the entire department. He has worked at fundraising functions, organized golf outings, etc for a decade for the department. That is what is so sickening to see them ax his program and the responses from some supposed die hard Ducker beackers, the resentemnt and hatred for a group fighting for something they love and believe in. But at the same time, no man has really loved or gave much more to the UO over the years than Fin.
UO Wrestler Alumni Says:
June 9th, 2008 at 5:55 pm
Jarrod,
We appreciate your blog. In fact, keep them coming, because this will more than just throw fuel to the fire for us to rally around!!!!!
Richard Says:
June 9th, 2008 at 8:32 pm
I just got word what UO is trying to do with the Cultural Exchange money. Not good for them and could cost some people some jobs.
frank Says:
June 9th, 2008 at 9:28 pm
Doug, Dane, and Shaun,
Your lack of intelligence offends me. Doug, your basketball team will never make a final 4 and your football will always be in the shadow of USC, Cal, and UCLA, and probably Arizona St……morons. If any of you ever want to go a few rounds on the mat, or a good street fight let me know. I’ll make sure you end up in a good wheelchair.
Mike Says:
June 9th, 2008 at 9:29 pm
Jared, Asu didn’t raise 8 mil. They raised 2 and have installed a plan and are commited to raise 8 within the next 6 years. Bottom line is the 2 is covering their expenses for the next 2.5 years while they continue to get to their pledge of 8
UO Wrestler Alumni Says:
June 9th, 2008 at 9:47 pm
Richard,
From what you are saying, this could be considered fraud?
Richard Says:
June 9th, 2008 at 10:12 pm
Big time!!
Jarred Says:
June 9th, 2008 at 10:44 pm
I want to apologize to the wrestling community for my comments. Although I don’t take everything you’ve said as fact, I believe my standpoint was incorrect. It means a lot to me that you’ve done your homework and shown me the light. I know it sounds sarcastic but it isn’t. You could have just flipped me the bird (somehow) and been hateful but, for the most part, there was a lot of good explanation today. If there is that much corruption at the University of Oregon, I certainly hope you get your sport back. I was ignorant about how much this sport could mean to someone even though I don’t care for it. Again, sorry.
truth seeker Says:
June 10th, 2008 at 7:18 am
Jared, we have been happy to put the info out there form day 1. Even before they cut the program and were denying they were going to do so, but rumors of it were out there. Recruits who were told directly that there would be a program, a new practice room, etc. Then a guy came in and dropped the program 3 months after his first day on the job. Probably was misinformed that it stood in the way of baseball, perhaps by people in his own department who themself didnt really care for the sport. We understand everyone is not going to be a fan of our sport. The oldest and purest form of human competition is wrestling, everyone is not into it, that is fine. It is important to thousands in this state, and this state historically ranks up there with any in terms of tradition and history. The UO did not have to get rid of it, and seems to not have followed protocol to do so. We are happy to have helped you become a little bit informed.
UO Wrestler Alumni Says:
June 10th, 2008 at 9:16 am
Richard,
Is this Cultural Exchange money substantial? Does this cover just one scholarship? Who donated this money?
Richard Says:
June 10th, 2008 at 9:38 am
While I’d rather not get into all the details, this money is substantial. It was donated from the Dale Thomas Foundation(I believe that’s what its called) in order to help fund some scholarships at all the D1 schools. UO is going to be in big trouble over this one.
It was originally part of the Cultrual Exchange money, which we don’t need to go into that because its a whole other story.
UO Wrestler Alumni Says:
June 10th, 2008 at 10:03 am
Richard,
Is this money used specifically for wrestling?
Also, where is Chuck Kearney? Did he move on or is he still in Eugene?
Richard Says:
June 10th, 2008 at 10:21 am
Yes. I was told Chuck had a gag order placed on him by the athletic dept. I believe he’s still in Eugene.