University of Oregon’s attempt to throw out Title IX lawsuit denied

A federal judge ruled Friday that the Title IX lawsuit brought by members of the University of Oregon women’s beach volleyball team against the university can move forward — rejecting the university’s attempt to throw out the case.

In its attempt to dismiss the case, the university argued:

Statute of limitations: That some claims were filed too late to be valid, particularly those from athletes who last played before 2021.
Improper comparison: That the plaintiffs’ focus on comparing the women’s beach volleyball team to the men’s football team was legally flawed and couldn’t support a broader discrimination claim.
Lack of standing: That athletes who had already graduated or left the team were no longer affected and therefore couldn’t ask the court for relief. UO also argued that players could not prove they were directly harmed by the lack of scholarships.

In a 29-page ruling, U.S. District Judge Michael McShane denied most of Oregon’s legal motions, allowing the athletes’ lawsuit to proceed.

It was ruled that the case was “inherently transitory,” meaning athletes who had already graduated could still seek damages from their time at UO.

McShane also ruled that the team’s comparison to the Oregon men’s football team was legitimate, as the football program receives unique benefits that no women’s team does — making it relevant evidence in a claim of program-wide gender discrimination.

Lastly, UO’s appeal to an expired statute of limitations was ruled invalid because there was a lack of evidence to determine when the athletes were being discriminated against.

The lawsuit, from December 2023, alleges that UO discriminated against female athletes by offering unequal treatment, facilities and scholarships, therefore violating the federal Title IX law that mandates equal treatment across men’s and women’s sports.

There is currently no next scheduled hearing.

UO did not respond for comment at the time of this publication.