Neal v. Board of Trustees of California State Universities
United States Court of Appeals for the Ninth Circuit
198 F.3d 763
After settling a Title IX suit with a consent decree requiring female athletic participation within five percentage points of the female student population (about 64% of students but only about 39% of athletes at CSU Bakersfield), the university capped men's wrestling roster spots rather than eliminating the program; the successful team's captain, Stephen Neal, sued arguing the gender-based cap violated Title IX and equal protection, and the district court granted a preliminary injunction against the cap.
Whether Title IX bars a university from making gender-conscious decisions to reduce the proportion of athletic spots assigned to men, and whether a university may comply with Title IX either by increasing athletic opportunities for women or by reducing athletic opportunities for men.