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Move to Drop Volleyball Sparks Flurry of Criticism : College athletics: Critics say Cal State Fullerton’s decision to end women’s program is in violation of Title IX.

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TIMES STAFF WRITER

Attacks on Cal State Fullerton’s decision to drop women’s volleyball mounted Friday, with critics saying it violated a federal law that prohibits sex discrimination in school athletic programs.

But Titan Athletic Director Bill Shumard said the law, known as Title IX, “was at the foundation” of the process university officials used to make the cuts. “We felt going in that we made as sound a decision as we could and were as thorough as we could be.”

The controversy began Tuesday with the announcement that Fullerton would drop women’s volleyball and men’s gymnastics in a cost-saving move. There has been little reaction regarding gymnastics, but the volleyball decision has stirred women’s sports and civil rights advocates. The American Volleyball Coaches Assn., the Women’s Sports Foundation and the Trial Lawyers for Public Justice are among those criticizing the move.

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Jim Huffman, women’s volleyball coach last season, said he hopes on Monday to persuade a judge to issue a temporary restraining order putting dissolution of the program on hold.

“That keeps the team intact for 10-14 days,” Huffman said, “and sets up enough time to go before a judge and get a hearing.”

Huffman said that even if the restraining order is not granted, he probably will pursue the matter. “Our attorneys feel real strongly,” he said. “We have a pile of letters (of support) and have been swamped with phone calls.”

J. Kirk Boyd, Huffman’s attorney, has said he will cite state law requiring equal participation and funding for men’s and women’s sports in asking for the restraining order. But Title IX is being most often cited by the decision’s critics.

“The school is in absolute blatant violation of Title IX,” said Arthur Bryant, executive director of the Trial Lawyers for Public Justice, a national public-interest law firm that specializes in precedent-setting damage and trial litigation.

“It’s hard to imagine more blatant discrimination against women in intercollegiate athletics. This is a remarkable case because of the extraordinarily low opportunities for women to begin with.”

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Kathryn Reith, communications director for the New York-based Women’s Sports Foundation and recognized as an expert on Title IX, said the decision was a “clear” violation of the law. She said a major problem was the disparity between the percentage of women in the total student population (55.6%) and the percentage of women in athletics (26.4% before the cuts).

Reith said Fullerton made a bad situation worse with the cuts. Men’s gymnastics had eight athletes, the women’s volleyball team 12. The cuts would drop the percentage of women in Fullerton athletics to 23.9%.

“Females are underrepresented in the sports population,” Reith said. “They had a team, they had people to play, and they had people to play against. That’s not a team you should be cutting. “

Reith said the disparity of opportunities in the athletic program was more important than the fact that Fullerton did not field a men’s volleyball team.

“If there were a men’s team, it would be a stronger case,” she said, “but it’s already strong enough.”

Reith said interpreting Title IX had grown more complicated since its enactment in 1972.

The Department of Education’s Office of Civil Rights is responsible for investigating Title IX violations. Sandra Vivas, executive director of the American Volleyball Coaches Assn., said Friday that she had spoken to a person with the OCR in Washington and that the possibility of an investigation was being discussed.

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OCR representatives in Washington and the Region IX office in San Francisco were unavailable for comment. Shumard said Fullerton had not heard from the OCR.

The AVCA, based in San Mateo, sent a press release Friday attacking the decision, which Vivas said was a complete surprise.

“Especially for the conference they’re in,” she said. “The Big West is arguably one of the top two conferences in the country (along with the Pacific 10). For one of its schools to drop volleyball absolutely shocked us.”

Huffman said he met with Shumard Friday and told him the timing of the decision was “the most upsetting,” because it would be difficult for scholarship athletes to find other opportunities. The affected players already are guaranteed scholarships through the year. Shumard said that in some cases, that might be extended.

“We will address extenuating circumstances for each athlete who might want to stay at Fullerton without competing,” Shumard said. “We will take them on a case-by-case basis and be very cooperative and helpful.”

Huffman said he will meet with some of the players’ parents today to discuss the situation and what further delays caused by court action might mean.

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“I told players they should talk to other schools as a safety net and should move if they want to,” he said, “but they all want to see what’s going to happen here first. They all want the program reinstated.”

Times Staff Writers Mike DiGiovanna and Vivien Lou Chen contributed to this story.

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