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Women Athletes Appear at Hearing

Brown Appeals in Class Action Case

Several Harvard women athletes and their coaches appeared at a federal court in Boston yesterday to support the Brown women's gymnastics team in its class action lawsuit against Brown University.

Women's lacrosse coach Carole Kleinfelder and Radcliffe crew coaches Holly S. Hatton and Elizabeth O'Leary accompanied five lacrosse players and two rowers to the First Circuit Court of Appeals to hear Brown University deliver its appeal to the court.

Attorneys for Brown University argued for the repeal of a December District Court decision that ordered the university to reinstate the women's varsity gymnastics and volleyball teams, which had been eliminated two years earlier due to budget cuts.

"We went because we were very interested in the case and we think it's important," Hatton said. "More athletes need to be informed about the issue."

"We went for support--to try to pack the court with women's athletes to show the judges the support that women's athletics has," said Elizabeth K. Berkery '93, the captain of the lacrosse team.

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The legal battle between Brown and its women athletes has been in the courts since May 1991, when the gymnastics team brought a class action suit against the university for eliminating it as a varsity sport.

The team, along with the women's volleyball team and the men's golf and water polo teams, was reduced to "club" status, and therefore could no longer receive university funding. Its lawsuit alleges discrimination under Title IX.

Title IX is a federal statute that prohibits gender discrimination in education programs or activities receiving federal assistance.

Although the U.S. District Court ruled in favor of the gymnasts, ordering Brown to restore the women's gymnastics and volleyball teams to their former varsity status, Brown won a temporary stay from the injunction until the judges rule on its appeal in the next two weeks.

Jeffrey S. Michaelson, one of the attorneys for Brown, said the District Court's December decision did not interpret the Title IX statute, according to the interest and abilities of the parties involved.

Brown's athletic department, which has a 60-40 percentage difference of men's to women's teams, "fully" accommodates the interests and abilities of its women athletes, Michaelson said.

"The ratio of men to women is not really a relevant statistic," said Michaelson last night. "But the men and women who are interested is."

Michaelson added that women have traditionally been less interested in competitive sports than men, and that this difference reflects the discrepancy between their athletic programs.

But the three judges did not react positively to Michaelson's statement, according to Rebecca H. Ewing '95, a player on the lacrosse team.

"The judge said that saying there's no interest for women's sports is like saying that Black people didn't want to ride the buses in Montgomery in the 1940s," Ewing said.

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