Judge to decide St. Cloud State University Title IX case

A federal judge will decide whether a lawsuit filed by a group of college athletes can be certified as a class action lawsuit. 

It's a Title IX lawsuit brought by six female athletes at St. Cloud State University after their sports teams were cut to save money.

Women from St. Cloud State's tennis and nordic skiing teams were on hand to hear their case argued before a federal judge, their attorneys arguing why the case should move from individual lawsuits to a class action lawsuit.

“Any individual student is just one and they have no say, no clout, and they’re there for four years and they're gone. So without the class, there's no institutional change,” said Sharon Van Dyck, the plaintiff’s attorney.

Although there were some men's teams eliminated along with the women's team, this is filed as a Title IX case, which says no person, on the basis of sex, can be excluded from participation in any activity that receives financial assistance.

“Title IX doesn't mean they have to spend $4 million on something. What it does mean is if you have a $1 million budget, you have to allocate it equally between the men and the women,” she said.

The judge gave no timeline on his decision, and it's unclear when the entire case might come to an end. The plaintiffs say time is crucial for the future of the teams affected.

“It’s harder and harder to recruit students when they don't know if the teams are going to be there; you really can't recruit new students. Why would you want to go to a school where the team is gonna be gone or might be gone?”

The defense argued the athletes did not adequately represent a "class."

Wednesday’s federal hearing was held at the University of Minnesota Law School for the benefit of the students there.