Female athletes at Michigan State University will get another crack at a court order requiring the school to keep its women’s swimming and diving team, after a split Sixth Circuit panel said Tuesday the size of the participation gap between men and women needs another look.
The trial court erred when it found both the athletes’ and the school’s calculations of the participation gap met the substantial proportionality test because the numbers are smaller than the average size of a women’s team at MSU, the U.S. Court of Appeals for the Sixth Circuit said.
The court should instead have compared ...
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