Second Circuit Says Quinnipiac University Cannot Count Cheer as a Sport Under Title IX

The Second Circuit has confirmed that Quinnipiac University ran afoul of Title IX when it dropped the women’s volleyball team and tried to count the competitive cheerleading team as a sport under Title IX. That doesn’t mean cheer isn’t a great activity or that it’s not athletic; it simply means that cheer is not developed enough at this point to qualify as a varsity sport under U.S. Department of Education guidelines. The court held that cheer did not qualify as a varsity sport because it did not walk and talk like other varsity sports. The cheer team did not conduct any off-campus recruiting, did not compete solely against other varsity teams, and had no progressive playoff system in the post season.

The other big issue the court addressed involves the standards for complying with prong one of Title IX’s three-part participation test. Following Department of Education policy, the court held that QU’s 3.62% gap between female enrollment and participation—which amounted to 38 additional spots needed to provide women with proportional opportunities—was large enough to field an additional women’s team and therefore did not constitute compliance.

This is the first case to address these issues and the court’s analysis is broadly applicable. All schools would be wise to read the decision and apply its principles to their own programs.