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Joshua Navarro v. Florida Institute of Technology

No. 6:22-cv-1950-CEM-EJK (2023)

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Joshua Navarro v. Florida Institute of Technology

United States District Court for the Middle District of Florida
No. 6:22-cv-1950-CEM-EJK (2023)

SC

Facts

The Florida Institute of Technology (FIT) (defendant) eliminated men’s varsity rowing and four other varsity sports. Joshua Navarro and five other former members of the eliminated FIT rowing team (rowers) (plaintiffs) filed a putative class-action lawsuit against FIT for violation of Title IX. The rowers presented evidence that men constituted approximately 71 percent of undergraduate enrollment at FIT but only 64 percent of varsity athletes. The rowers argued that this constituted a violation of Title IX and that because FIT was already violating Title IX, it could not cut a men’s program. The rowers moved for a preliminary injunction. FIT argued that if esports student-athletes and online students were counted in the calculations, the gap in men’s and women’s participation would be de minimis. Esports participants at FIT were not recruited off campus; esports did not have a uniform set of rules, as each video game was created by an independent company; and esports did not have a progressive playoff system like other college sports.

Rule of Law

Issue

Holding and Reasoning (Mendoza, J.)

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