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Kelley v. University of Illinois

United States Court of Appeals for the Seventh Circuit
35 F.3d 265 (1994)


Facts

In 1993, the University of Illinois (defendant) was faced with a $600,000 budgetary deficit in its athletic programs and decided to cut four varsity teams: men’s and women’s diving, men’s fencing, and men’s swimming. The University acknowledged that it did not also cut the women’s swimming program because it feared possible Title IX liability. The selection criteria for the cut programs included factors such as team costs, competitive success, and spectator interest in the sports. Kelley (plaintiff) and other members of the University men’s swimming team filed suit claiming reverse discrimination in violation of Title IX and the Equal Protection Clause of the U.S. Constitution. The district court held for the University, and Kelley appealed.

Rule of Law

Issue

Holding and Reasoning (Cummings, J.)

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