MU Swimmers Sue To Stop Program Closure 

Members of the Marshall University Women’s Swimming and Diving team have filed a federal class action lawsuit against the university, as well as a request for a temporary restraining order, to stop the closure of the program.  

Last month, Marshall announced it planned to discontinue the program citing financial reasons. The university said the program would close at the end of this season. All scholarship athletes were told their scholarships would be honored through graduation.  

Fifteen members of the team filed a federal class action lawsuit Monday against the school and its Board of Governors for violating their civil rights under Title IX, which prohibits sex discrimination in all educational institutions that receive federal funds. The women are represented by the law firm of Bailey and Glasser. They also asked for a temporary restraining order against the move. 

In a statement, Marshall said it “reaffirms that the decision to discontinue the program is in the best interest of the institution as a whole.”  

President Brad D. Smith said that while the decision was difficult, the rationale remains sound and unchanged. 

“This decision was driven by three structural considerations: expanded participation opportunities under Title IX, long-term financial sustainability and the facility and infrastructure requirements necessary to support the program,” Smith said. “Our goal is to support our women’s swimming and diving student-athletes through this transition and prepare for a new era of expanded opportunities for women athletes at Marshall.” 

A statement from the attorneys representing the women, said “the plaintiffs allege Marshall has violated Title IX by discriminating against women concerning athletic participation opportunities. An independent audit of Marshall’s Title IX compliance situation, done in October 2025, found that Marshall shortchanged women by 210, 250, and 160 participation opportunities in the most recent three academic years. Other publicly available information confirms similar gaps going back even further. Against these substantial and longstanding participation gaps, Marshall chose to eliminate the women’s swimming and diving team, which will make the participation gap even wider.” 

“This is not an especially close case,” said Joshua I. Hammack, attorney for Bailey and Glasser. “For years, Marshall has failed to offer women equal opportunities to participate in varsity sports. And now the school seeks to cut a women’s team. The brave women on the swimming and diving team want nothing more — but also nothing less — than the equality Title IX demands.”  

Judge Robert Chambers in the Southern District of West Virginia has been assigned the case. The effects of a restraining order are unclear since the team’s season is over.  

In an update following the filing of the lawsuit and request for the temporary restraining order, Marshall said “the university takes all legal matters seriously and is committed to engaging in the judicial process in a transparent and respectful manner. Because this matter involves pending litigation, Marshall will not comment on the specifics of the filing, other than to reiterate the university’s previously disclosed position.”