Michigan State Swimmers Settle Title IX Suit, Agree to Independent Review

Photo Courtesy: Dan D'Addona

Michigan State Swimmers Settle Title IX Suit, Agree to Independent Review

Michigan State swimmers that sued the university on Title IX grounds after it cut the swimming and diving program in 2020 have settled their case with the university.

The resolution to the case does not bring reinstatement of varsity swimming, but it includes an independent third-party review of the university’s compliance for gender equity in sporting opportunities. Michigan State’s athletic department has agreed to create a gender equity plan and bring its athletic offerings into Title IX compliance by the end of the 2026-27 academic year. The gender equity review will be performed by an independent director, as part of the settlement.

The agreement was announced Friday, with the Title IX case set to go to trial in federal court this month.

“Battle for Spartan Swim and Dive stands proudly behind the plaintiffs, 11 women who made the difficult and selfless decision to sue a school they had chosen to represent as student-athletes, a school that opted to spend millions in legal fees to keep them out of the pool rather than correcting past mistakes and properly adhere to federal standards,” said a statement from Battle for Spartan Swim and Dive, the alumni and community group supporting the teams.

The litigation by the eleven swimmers has led to a court finding Michigan State to be in violation of Title IX’s requirements to provide equitable athletic opportunities to men and women, proportionate to the gender of its student body. The court fell short of requiring Michigan State to reinstate the swim program, despite a robust fundraising and awareness campaign. Michigan State has gotten wide support from the swim community and had made progress with a new regime of administration officials.

The battle has cost the university more than $700,000 in legal fees, and the court has ruled it responsible for the athletes’ legal fees. It has led to the ouster/retirement/reassignment of several senior administration officials – including a university president and an athletic director – and an unsuccessful appeal to the Supreme Court.

“These women were treated like second-class citizens even before their team was eliminated, and this settlement will ensure that future Spartan women will be treated equally at MSU,” said Lori Bullock, lead lawyer for the swimmers, in a statement. “While these women are not back in the water as Division I swimmers and divers at MSU, by standing up to a Power 5 athletics program like Michigan State, they have demonstrated that women everywhere can demand equality. They united and said, ‘enough is enough.’ I am humbled that I was able to stand alongside these incredible students in their fight for equality.”

“I am extremely happy with the relief that was granted today for us and future female student-athletes at MSU,” said Sophia Balow, one of the plaintiffs, in a statement. “I am very proud and extremely humbled to stand amongst such incredible, strong women. This process has been difficult, and I am disappointed that after two years of litigation, MSU continues to demonstrate its unwillingness to right its wrongs from the past.”

The third-party review opens the possibility that swimming’s reinstatement could be recommended as a remedy. If that happens, it would be down the road, with at least a generation’s hiatus in Spartan varsity swimming for the Spartans. That has led some involved to see Friday’s settlement as decidedly bittersweet.

“We are encouraged by the open dialogue with interim President Teresa Woodruff’s office over the last month to review data and collaborate on proposed solutions,” Battle for Spartan Swim and Dive said in its statement. “We look forward to continuing these discussions with the President’s office and engaging with Athletic Director Alan Haller and University Advancement to connect our donors and demonstrate the broad support for the return of MSU Swimming and Diving. Battle for Spartan Swim and Dive enters the coming year with momentum and purpose, and looks forward to working together with MSU’s new leaders on the return of both teams.”

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