Still, some critics of Tuesday’s decision say that the model survey was a useful way to gauge interest. They suggest that offering it as part of course registration, instead of by e-mail, might have dealt with the no-response issue.In addition, they worry that the new rule will push more schools to use proportionality as the best defense against a lawsuit.“What it boils down to is flexibility,” says Eric Pearson, chairman of the College Sports Council, who says he sees proportional compliance as little more than a quota system. In particular, he cites historically black colleges – where women often outnumber men 2 to 1 – as having a hard time with proportionality. And he worries about the lack of recourse that men have when their sports are cut, as was the case with the men’s wrestling team at Delaware State University two years ago. (The women’s equestrian team, eliminated at the same time, was restored following a lawsuit, but the wrestling team stayed on the chopping block.)
We should also thank Penny Starr, a reporter for CNS News Service, for giving the CSC some space to rebut Vice President Biden and Education Secretary Arne Duncan. The same goes for WSJ law blogger Ashby Jones as well as Walter Olson at Overlawyered.com.