University of Kentucky officials did not violate federal law that requires educational institutions to provide equal athletic opportunities to men and women, a federal judge ruled on Oct. 28.
The third prong of a test to determine whether violations of Title IX occur, though, was not met, she concluded.
Under that prong, set out in previous court decisions, plaintiffs must show that there has been sufficient unmet interest and ability among female students at the University of Kentucky.
The plaintiffs, students who said they would play varsity field hockey, lacrosse, or equestrian if there were teams at the school, “easily meet the burden of proving unmet interest,” Caldwell said. That stemmed from surveys filled out by female students, showing the students were interested in the formation of those teams.
But plaintiffs did not show that there were enough female students at the university who could compete at the varsity level in those sports, according to the judge.
The average equestrian team is 40, but annually, from 2019 to 2023, no more than nine students filled out the survey, expressed interest in joining a varsity equestrian team, and left contact information, according to court documents. The highest number for field hockey was three, and the highest number for lacrosse was two.
Plaintiffs also pointed to the number of female students participating in club-level lacrosse, equestrian, and field hockey teams, but at least some of those students would not be interested in varsity sports given the higher level of difficulty and time requirements. A school official said that when the stunt club team was elevated to varsity, some members dropped out because it was “too competitive” or “took too much time,” according to court documents.
An email to one lawyer representing the plaintiffs returned an away message. A second lawyer did not respond to a request for comment by publication time.
“The University of Kentucky fully complies with Title IX and its regulations concerning participation in intercollegiate athletics. As a campus community, we care deeply about these issues,” a spokesperson for the university told news outlets in a statement.
“With 23 sports, UK has the broadest based athletics program in the Southeastern Conference. The current sports offerings fully accommodate the interests and abilities of our undergraduate students. We are pleased that the court recognized this and ruled in the university’s favor today.”
