U.S. Appeals Court upholds ruling that St. Cloud State violated Title IX

The U.S. Court of Appeals on Thursday reaffirmed that St. Cloud State University violated Title IX by failing to provide equal opportunities for female athletes — but the court is sending part of the argument back to a lower court.

The ruling upholds U.S. District Judge John Tunheim's 2019 ruling that St. Cloud State for years failed to provide equal opportunities among athletes, making it out of compliance with Title IX, the federal civil-rights law from 1972 that requires gender equity in public education, including athletics.

But the appeals ruling reversed the lower court's analysis of the allocation of benefits within the university's three tiers of sports.

The appeals court also ruled to overturn "the attorney fees and costs award in light of our opinion," putting at risk the $1.2 million in legal fees St. Cloud State was ordered to pay to attorneys representing the female former student-athletes.

"The language of this decision is frankly somewhat vague in terms of what Judge Tunheim is going to be expected to do. All I can tell you is stay tuned," said Donald Chance Mark Jr., the Minneapolis lawyer who represented 10 recent female athletes at SCSU.

The women sued the university in 2016 in a class action that alleged gender discrimination after the university announced it would cut six sports — including the women's tennis and Nordic skiing teams — because of budget reasons.

The district court ordered the university to take immediate steps to give its female athletes equitable participation opportunities, as well as equitable treatment and benefits such as improved facilities and equipment for female athletes.

In 2019, the university announced it would end the football and golf programs to help manage the budget crisis and comply with the Title IX ruling.

"At the end of the day, we've been vindicated in the sense that both the trial judge and now the Eighth Circuit panel has concluded that there was a violation of Title IX and that equitable participation opportunities were not provided to women," Chance Mark said. "This has been a long battle for us. It's too late for these 10 young ladies but our hope is their efforts as well as the efforts we've put into the case will ultimately help all young ladies who participate in college sports."

The university responded with a brief statement that said it received the appeals court decision and is reviewing it.

"We are pleased that the court acknowledged our efforts to provide equitable treatment and benefits across the athletic programs," the statement says. "We are committed to continuing to provide equitable athletic opportunities for all students."

Jenny Berg • 612-673-7299