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Women win an appeal in dispute over ending MSU swim team

MSU
Posted at 2:28 PM, Feb 09, 2022
and last updated 2022-02-09 14:28:13-05

EAST LANSING, Mich. (AP) — Swimmers who are trying to revive the women’s team at Michigan State University have been thrown a partial life ring by a federal appeals court.

The court told a federal judge in Lansing to take another look at a request for a preliminary injunction against the school.

MSU killed the swimming-and-diving program for men and women after the 2021 season, citing cost. The appeals court says Judge Hala Jarbou miscalculated the “participation gap,” a key issue when determining if federal anti-discrimination law, commonly known as Title IX, is being violated.

Nearly a year ago, Jarbou had rejected a request to keep the women’s team alive with an injunction, saying she doubted the female swimmers would prevail at the end of the litigation.