Stephen F. Austin University Attempts to Boost Spirits and Perform Dances in Response to Title IX Allegations
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Stephen F. Austin State University (SFA) is embroiled in a legal battle over its interpretation of Title IX compliance, with female athletes suing the university for allegedly violating the law. The controversy centres around SFA's argument to count competitive cheerleading and dance teams as part of its compliance strategy, a claim that remains legally contested.
In a federal class action lawsuit filed in mid-2025, female athletes claimed that SFA's decision to eliminate three women’s varsity teams - beach volleyball, bowling, and golf - worsens gender inequity in athletic opportunities. The lawsuit alleges that the university's approach, which would see women's participation shrink to around 42.6%, is unlawful.
The university's argument hinges on the Supreme Court's decision in Loper Bright Enterprises v. Raimondo, which, according to SFA, nullifies the Office for Civil Rights' (OCR) longstanding three-part test and the requirement for "substantially proportionate" athletic opportunities. However, no court has definitively ruled that competitive cheerleading and dance can be counted towards Title IX compliance in this context.
The ongoing lawsuit challenges the validity of SFA’s approach based on the actual cuts and participation data. The case is currently moving towards a preliminary injunction hearing to determine whether SFA must preserve these teams during litigation.
The OCR's three-part test for Title IX compliance includes gender proportionality in athletic participation, a demonstrated history of expanding programs for the underrepresented sex, and evidence that the institution is effectively accommodating the interests and abilities of that group with its current sports offerings. SFA's interpretation of Loper Bright is subject to rebuttal, as the decision overruled the Supreme Court's 1984 ruling in Chevron U.S.A. Inc. v. Natural Resources Defense Council.
Helen Grant, a Title IX consultant, conducted an analysis for SFA in 2024, finding that the university was failing to meet the first two prongs of the Title IX compliance test. Grant's report also noted that SFA has not added a new women's sport since launching women's beach volleyball in 2019.
The university's approach mirrors a failed attempt by Quinnipiac University nearly 15 years ago, when it tried to replace its women's volleyball team with a varsity competitive cheer squad to satisfy Title IX. In the Biediger v. Quinnipiac case, members of the women's volleyball team sued after the school announced plans to eliminate its varsity sports teams for women's volleyball, men's golf, and men's outdoor track and field, while adding a new varsity sports team for women's competitive cheer. Both a district court and the U.S. Court of Appeals for the Second Circuit reasoned that competitive cheer does not count as a sport for purposes of Title IX, as it failed to provide sufficient athletic opportunities.
The university's competitive cheerleading and dance teams, which operate under the athletic department, were recently rejected by a federal court in Kentucky. The court noted that neither activity is NCAA-sanctioned or -recognized nor has ever been recognized for gender-equity purposes by the Department of Education's Office for Civil Rights (OCR).
In a motion filed this week, the university argues that cheer and dance should be considered legitimate athletic opportunities, effectively equivalent to NCAA-sanctioned sports. The plaintiffs are due to file their response to the court next week.
The current legal status of SFA's argument to count competitive cheerleading and dance teams towards Title IX compliance is that it is under federal litigation and remains unresolved.
- The analysis conducted by Helen Grant in 2024 for Stephen F. Austin State University (SFA) concluded that the university was failing to meet the requirements of educational-and-self-development opportunities for female students under Title IX, as the university had not added a new women's sport since launching women's beach volleyball in 2019.
- The ongoing legal battle over SFA's interpretation of Title IX compliance in regards to counting competitive cheerleading and dance teams as part of its strategy has significant implications for sports equity, with the outcome potentially setting a precedent for how universities can define and include competitive cheerleading and dance as legitimate athletic opportunities.
