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I don't disagree with the premise that football probably shouldn't be
included with the Athletic Department at this point. The justification will need to be more sound than that to pass any of the legal tests. You can bet the decision will face legal challenges. Particularly if their only argument is women's sports don't have a version of football. Heck I believe there may have been cases back in the '70s and '80s that tried to make that same argument and they lost at the time.
I found a couple examples.
Favia vs. Indiana University of PA (1993) - The university cut women's gymnastics and field hockey. The plaintiffs (female athletes) challenged the cuts. The university attempted to argue that football should be excluded from Title IX scrutiny, implying it was special and separate from the gender equity mandate. The court rejected this argument, refusing to exclude football. The court found that if a university fails to provide equal athletic opportunities, it cannot ignore the massive impact of its largest men's team (football) on the overall participation numbers. The court signaled that "total equality" requires counting all athletes.
Cohen vs. Brown University (1993-96) - Brown cut funding for both men's and women's teams. A central issue in this landmark case was whether the large number of male football players (even if they were not all scholarship athletes) should be counted when determining if participation opportunities were proportional to student enrollment. The First Circuit Court of Appeals ruled that for Title IX purposes, football players are indeed participants in intercollegiate athletics, and they must be included in the proportionality calculation. Excluding them would make it nearly impossible to hold schools accountable for gender equity.
** Edited by VTHokie2000 at 3/26/2026, 1:12:16 PM
Thread Replies (67)
Theory..ND decides who goes to P2
-- lord4bid
Mar 26, 2026 at 06:59 AM ET
lord4bid
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03/26/26 06:59 AM ET
TerryD says there is no chance ND joins B10, this is click bait, it worked,
-- Stech
Mar 27, 2026 at 06:44 PM ET
Stech
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03/27/26 06:44 PM ET
so dumb, not you or the opinion but what college sports have become
-- VT Pez4Life
Mar 26, 2026 at 09:06 AM ET
VT Pez4Life
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03/26/26 09:06 AM ET
If football breaks away, then what does that legally mean for Title IX
-- VTHokie2000
Mar 26, 2026 at 09:16 AM ET
VTHokie2000
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03/26/26 09:16 AM ET
Title IX works if football becomes a business entity separate from schools
-- HokieAl
Mar 26, 2026 at 09:39 AM ET
HokieAl
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03/26/26 09:39 AM ET
Makes sense. Wouldn't the start up capital come the university though?
-- VTHokie2000
Mar 26, 2026 at 11:26 AM ET
VTHokie2000
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03/26/26 11:26 AM ET
If there is legislation at the Federal level, and football
-- Big12 guy
Mar 26, 2026 at 10:18 AM ET
Big12 guy
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03/26/26 10:18 AM ET
But that is why is needed to be included in with the law. Remember the
-- VTHokie2000
Mar 26, 2026 at 11:40 AM ET
VTHokie2000
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03/26/26 11:40 AM ET
Maybe, but it will justify separating football from
-- Big12 guy
Mar 26, 2026 at 12:32 PM ET
Big12 guy
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03/26/26 12:32 PM ET
I don't disagree with the premise that football probably shouldn't be
◄
-- VTHokie2000
Mar 26, 2026 at 01:06 PM ET
VTHokie2000
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03/26/26 01:06 PM ET
That is why it would take legislation to change it. For
-- Big12 guy
Mar 26, 2026 at 01:49 PM ET
Big12 guy
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03/26/26 01:49 PM ET
Historically Congress doesn't want to touch the issue for political reasons
-- VTHokie2000
Mar 26, 2026 at 03:28 PM ET
VTHokie2000
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03/26/26 03:28 PM ET
Title IX works perfectly without football. **
-- Big12 guy
Mar 26, 2026 at 09:26 AM ET
Big12 guy
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03/26/26 09:26 AM ET
I like this part better (if ACC collapses)
-- TerryD
Mar 26, 2026 at 07:12 AM ET
TerryD
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03/26/26 07:12 AM ET
Sorry Rando. I disagree with all three points.
-- 33laszlo99
Mar 26, 2026 at 02:05 PM ET
33laszlo99
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03/26/26 02:05 PM ET
You are entitled to your opinion.
-- RandomAsianGuy
Mar 27, 2026 at 01:02 PM ET
RandomAsianGuy
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03/27/26 01:02 PM ET
The more realistic questions.....
-- 2hhoop3
Mar 26, 2026 at 02:11 PM ET
2hhoop3
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03/26/26 02:11 PM ET
ND’s 6-game arrangement would be a headache for Sankey.
-- RandomAsianGuy
Mar 28, 2026 at 03:31 PM ET
RandomAsianGuy
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03/28/26 03:31 PM ET
Doesn't matter about how strong the SEC is/will be
-- TerryD
Mar 26, 2026 at 04:56 PM ET
TerryD
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03/26/26 04:56 PM ET
Notre Dame football isn’t really independent anymore
-- Tailgate Guru
Mar 26, 2026 at 05:23 PM ET
Tailgate Guru
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03/26/26 05:23 PM ET
It is not football conference membership, either
-- TerryD
Mar 26, 2026 at 05:43 PM ET
TerryD
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03/26/26 05:43 PM ET
The sooner ND is truly on its own, the better for all concerned
-- Tailgate Guru
Mar 26, 2026 at 05:51 PM ET
Tailgate Guru
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03/26/26 05:51 PM ET
The do not share their revenue. That is independence. **
-- Big12 guy
Mar 26, 2026 at 05:30 PM ET
Big12 guy
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03/26/26 05:30 PM ET
They also don’t capture all of it on their own terms as they once did**
-- Tailgate Guru
Mar 26, 2026 at 05:31 PM ET
Tailgate Guru
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03/26/26 05:31 PM ET
I think ND is taking steps to improve SOS, i.e., Clemson X 12 yrs
-- 33laszlo99
Mar 26, 2026 at 04:49 PM ET
33laszlo99
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03/26/26 04:49 PM ET
This is a very good point. If
-- Big12 guy
Mar 26, 2026 at 02:25 PM ET
Big12 guy
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03/26/26 02:25 PM ET
Tell me you’ve never competed in the Big East without telling me . . . .
-- Tailgate Guru
Mar 26, 2026 at 05:30 PM ET
Tailgate Guru
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03/26/26 05:30 PM ET
They are peer catholic schools. If they are indeed that
-- Big12 guy
Mar 26, 2026 at 05:34 PM ET
Big12 guy
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03/26/26 05:34 PM ET
LOL. Notre Dame doesn’t think it has peers. And Butler isn’t one for sure.**
-- Tailgate Guru
Mar 26, 2026 at 05:43 PM ET
Tailgate Guru
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03/26/26 05:43 PM ET
At least it only takes a bus to play Butler. **
-- Big12 guy
Mar 26, 2026 at 06:02 PM ET
Big12 guy
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03/26/26 06:02 PM ET
Maybe they can borrow the bus from Hoosiers
-- Tailgate Guru
Mar 26, 2026 at 06:07 PM ET
Tailgate Guru
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03/26/26 06:07 PM ET
If you knew the history, ND was in
-- Big12 guy
Mar 26, 2026 at 06:10 PM ET
Big12 guy
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03/26/26 06:10 PM ET
Thank you for enlightening us oh great KU person
-- Tailgate Guru
Mar 26, 2026 at 06:53 PM ET
Tailgate Guru
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03/26/26 06:53 PM ET
Haha, my point, is that where the Olympics land
-- Big12 guy
Mar 26, 2026 at 07:06 PM ET
Big12 guy
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03/26/26 07:06 PM ET
It’s only relevant if you think like most SEC and Big 12 schools
-- Tailgate Guru
Mar 26, 2026 at 07:50 PM ET
Tailgate Guru
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03/26/26 07:50 PM ET
That may be true. They may think more
-- Big12 guy
Mar 26, 2026 at 08:08 PM ET
Big12 guy
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03/26/26 08:08 PM ET
It’s not “we” who forget, it’s the university CEOs who forget
-- Tailgate Guru
Mar 27, 2026 at 09:39 AM ET
Tailgate Guru
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03/27/26 09:39 AM ET
Agree with a large portion of that .....
-- 2hhoop3
Mar 26, 2026 at 02:33 PM ET
2hhoop3
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03/26/26 02:33 PM ET
Olympic sports are a very small concern for ND
-- TerryD
Mar 26, 2026 at 02:40 PM ET
TerryD
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03/26/26 02:40 PM ET
Which is why ND’s value to the ACC is vastly overrated
-- Tailgate Guru
Mar 26, 2026 at 05:33 PM ET
Tailgate Guru
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03/26/26 05:33 PM ET
Oh, I would prefer to take ND’s money when it leaves
-- Tailgate Guru
Mar 27, 2026 at 09:48 AM ET
Tailgate Guru
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03/27/26 09:48 AM ET
The B12 will take those games, hands down. **
-- Big12 guy
Mar 26, 2026 at 06:13 PM ET
Big12 guy
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03/26/26 06:13 PM ET
If they needed a home, it's not a
-- Big12 guy
Mar 26, 2026 at 02:36 PM ET
Big12 guy
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03/26/26 02:36 PM ET
To my knowledge, ND is not part of that**
-- TerryD
Mar 26, 2026 at 02:40 PM ET
TerryD
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03/26/26 02:40 PM ET
Right now...the SEC is killing it in viewership
-- lord4bid
Mar 26, 2026 at 09:37 AM ET
lord4bid
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03/26/26 09:37 AM ET
I think this all comes down to NBC, Peacock, and
-- Big12 guy
Mar 26, 2026 at 09:04 AM ET
Big12 guy
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03/26/26 09:04 AM ET
this is crazy & delusional stuff
-- Vippie1
Mar 26, 2026 at 11:16 AM ET
Vippie1
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03/26/26 11:16 AM ET
all 3 would get on ground instantly for deal with ND**
-- MrFantastic!
Mar 26, 2026 at 12:15 PM ET
MrFantastic!
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03/26/26 12:15 PM ET
i'm not sure what allegiance's he has but even a ND fan should be able
-- Vippie1
Mar 26, 2026 at 01:28 PM ET
Vippie1
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03/26/26 01:28 PM ET
They got the 4 corners right. **
-- Big12 guy
Mar 26, 2026 at 01:58 PM ET
Big12 guy
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03/26/26 01:58 PM ET
Actually, I don't watch them, nothing but click bait
-- Big12 guy
Mar 26, 2026 at 02:06 PM ET
Big12 guy
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03/26/26 02:06 PM ET