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Schmid compliance - Essay Example

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Does the court’s opinion in Schmid unduly interfere with the autonomy of private colleges and universities? Should the court have recognized some type of “institutional academic freedom” that would protect private institutions against such exercises of state power? …
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Schmid compliance
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Download file to see previous pages This is a dicey issue. On one hand, the school, since it must make budget cuts, is being forced to eliminate the women’s varsity softball team. Also, one of the mens’ teams is being cut as well, so it would appear that the university is not being unfair in any manner. However, since the school is approximately 50% men and 50% women, and since 39% of women compete in sports, it seems as though the school may have a difficult time making their case for why this program should be cut. On one hand, the womens’ softball team does have less athletes, than say, the womens’ swim team. It would therefore seem like a logical choice that, in the face of budget cuts, the womens’ softball team would be the first to go. However, considering the fact that the school is comprised of about almost the same amount of men, it seems that the university would want to comply with Title IX. The female student athletes could probably make a reasonable argument that they were not being given reasonable accommodation under Title IX. These are the facts. 3. On which of OCR’s three “benchmarks” for measuring effective accommodation of student athletes’ interests and abilities might the college base its defense? What arguments could the college raise under each? The first benchmark is one that the college might base its defense on. The college could raise the factors under each benchmark that: a) the college had to make budget cuts; b) the cuts that were made were made both to the mens’ and womens’ teams; ...Download file to see next pagesRead More
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