Judge orders Florida Tech to reinstate men's rowing as a varsity sport by spring break
A federal judge has resurrected the Florida Institute of Technology's varsity men's rowing team, ordering that the squad return as a full-fledged sport by next week to prepare for the spring racing season.
“I’m so relieved. Through all my years of rowing, this season has by far and away been the most challenging, on and off the water — and in and out of the courtroom," senior rower Mason Yaskovic said via email.
"Though this is just one of the first steps in establishing rowing at Florida Tech as a permanent structure, it’s a huge win for all of us on the team," Yaskovic said.
More:Florida Tech rowers argue Title IX discrimination against males in bid to save their sport
More:'Shocking': Florida Tech athletes, coaches denounce decision to demote five varsity sports
Florida Tech officials terminated men's rowing without warning as a fall varsity sports program in June, along with four other sports: women's rowing, men's and women's cross country/distance track, and men's golf. All transitioned into club sports — which lack scholarships, funding and coaching.
The Friends of FIT Rowing Association alumni group counted by filing a federal lawsuit, arguing Florida Tech discriminated against the male rowers in violation of Title IX of the Education Amendments of 1972, a civil rights law requiring universities that receive federal funding to provide equal opportunity in athletics without regard to gender. Typically litigated to protect women's college sports, Florida Tech — a STEM research institution with a predominantly male campus population — presents the opposite scenario.
In a 24-page order released Friday afternoon, U.S. District Judge Carlos Mendoza agreed with the rowers. He ruled that:
Florida Tech must reinstate the men’s rowing team to varsity status as soon as possible, but no later than Feb. 24.
The men’s rowing team must receive full funding, staffing, and other benefits commensurate with its status as a varsity-level intercollegiate team by March 12.
If there are compelling reasons why Florida Tech cannot comply with the March 12 deadline, it must notify the court in writing by March 3.
Spring break — the rowers' annual key training period — is scheduled for March 13 to 17. Further reinstatement details remain unknown. Arthur Schofield, a West Palm Beach labor and employment attorney representing the rowers, said he expects to have conversations with Florida Tech officials next week.
"What we're hoping is, as discussions with FIT evolve, that we're going to be able to better secure the program and get a little bit more relief than just (Friday's) injunction," Schofield said.
"But the reaction is, we couldn't be happier," he said.
Mendoza's order was released Friday afternoon while Florida Tech administrators and trustees were hosting a campus visit for the fifth and last finalist in the university's nationwide search for a new president. A hiring announcement may occur in April.
“While we are disappointed in the court’s ruling, we have not had a chance to study it or discuss it with our board of trustees or our attorneys," said Wes Sumner, Florida Tech spokesperson.
"We expect to have further comment once those discussions are completed," Sumner said.
The rowers' legal team provided evidence that Florida Tech failed to comply with Title IX.
Mendoza's order noted that FIorida Tech’s 2018–19 enrollment of 3,261 undergraduate students consisted of 2,325 men (71.3%) and 936 women (28.7%). The university fielded 533 athletes, 342 of which were men. Therefore, men represented only 64.2% of athletes compared with their 71.3% undergraduate-enrollment population, creating a shortfall of 132 male athletic opportunities.
During a key Feb. 1 courtroom hearing in Orlando, the judge noted that rowers' attorneys produced evidence showing Florida Tech had similar shortfalls of 117 opportunities for men in 2021–22 and 121 opportunities in 2022–23. They argued that, because Florida Tech was already in violation of Title IX, it could not legally cut a viable men’s team.
Florida Tech officials argued they were in compliance with Title IX — but they cited enrollment data that counted the newly created esports program's participants as athletes.
Mendoza disagreed in his order, saying "esports does not require athletic ability" and "the Court cannot hold that FIT’s esports program provides genuine participation opportunities under Title IX."
During the Feb. 1 courtroom hearing, the rowers’ legal team displayed a poster board featuring a photo of Florida Tech’s rowers competing in May at the Dad Vail Regatta in Philadelphia, Pennsylvania.
Conversely, a second poster board showed a photo of hands gripping a gaming controller alongside a photo of a gamer staring at a computer monitor.
Claire Diallo, the rowers' Iowa lead attorney who has won similar Title IX cases nationwide, told the judge Florida Tech was attempting to claim “playing Valorant online — a first-person shooting game — is equivalent to rowing.”
Donna Lopiano, past president of the Association of Intercollegiate Athletics for Women, testified on behalf of the rowers as an expert witness. She said esports is not a NCAA sport in the context of Title IX, and she knew of no colleges or universities that count esports as such.
The federal lawsuit plaintiffs are six Florida Tech men's rowers: Yaskovic, Thomas Francis, Jaden Krekow, Ben Komita, Joshua Navarro and Kyle Stewart.
"We look forward to getting getting on the same side as the university as they right this wrong and move forward," Friends of FIT Rowing Association President Craig McKay said.
"We support varsity rowing at Florida Tech, not just men's rowing. So the Friends of FIT Rowing are not forgetting about the women. We want to do whatever we can to also support women's rowing and get them back to varsity status also," McKay said.
Rick Neale is the South Brevard Watchdog Reporter at FLORIDA TODAY (for more of his stories, click here.) Contact Neale at 321-242-3638 or rneale@floridatoday.com. Twitter: @RickNeale1
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This article originally appeared on Florida Today: Judge orders Florida Tech to reinstate men's rowing as a varsity sport
