ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, April 9, 1994                   TAG: 9404090055
SECTION: SPORTS                    PAGE: B-3   EDITION: METRO 
SOURCE: By SCOTT BLANCHARD STAFF WRITER
DATELINE:                                 LENGTH: Medium


HUDDLE MAY NOT SETTLE TECH SUIT

Lawyers on both sides of the Title IX lawsuit filed against Virginia Tech in January are scheduled to meet in two weeks, but it is unclear when negotiations to settle the case out of court will begin.

Amy Sabrin, the plaintiffs' lead counsel, said the scheduled April 22 meeting in Charlottesville is an information-gathering session. Negotiations can't begin, she said, until Tech presents its long-range plan to comply with Title IX, the federal law that bars sex-based discrimination by institutions that receive federal funds.

"There certainly are plans for them to look at the plan," said Tech assistant athletic director Steve Horton, the school's designated spokesman on the issue. "Whether it's at that particular time, I don't know."

Tech's formal response to the lawsuit, filed March 28 in U.S. District Court in Roanoke, contends in part that Tech has not intentionally discriminated against women and that any disproportionalities in athletic opportunities and budget allocation for women are justified "by non-discriminatory grounds."

The response claims that Tech meets two of the three Title IX requirements - fulfilling its students' interests and abilities, and showing a history of women's varsity program expansion. The suit cites figures that show athletic opportunities for women at Tech are not substantially equal to the percentage of women enrolled.

"You have to meet one of the three [Title IX criteria]," Horton said. "We're trying to show we meet the last two."

Horton was asked how Tech could meet its students' interests and abilities when the suit was filed by a dozen women representing four club teams that are seeking varsity status. He said Tech doesn't consider the issue that cut-and-dried, noting that Tech has completed a campus-wide survey designed to determine exactly what sports it should add to comply with Title IX.

"Just because nine or 10 people on a particular campus want something doesn't mean it gets done," Horton said.

Sabrin challenges Tech's assertions, maintaining her case is "very strong" and citing a history of Title IX suits and complaints that routinely have been settled in the plaintiffs' favor. The suit against Tech asks that four sports (preferably lacrosse, field hockey, softball and crew) be upgraded to varsity status, and seeks compensation for lost scholarship opportunities and legal fees.

"I'm not really impressed with the response," Sabrin said.

"We think this is a case that should be settled. We think they realize that they need to do more to come into compliance. The ball's in their court. They keep talking about this plan they have, but they never show it to us."

Tech's response in court did not include the plan, which sources have said will bring the school into full Title IX compliance in a four-to-five-year period. Tech had begun steps to reach compliance before the lawsuit was filed.

"The message we're trying to send is that we're still trying to do exactly what we were doing in the past," Horton said. "We were headed in that direction before, and we'll continue in that direction."



 by CNB