The first compliance test of Title IX is that enrolment of women should be proportional to sports participation for example if enrolment is at 49%, sports participation ought to be 49%. In the first test, we will fail because the women enrolment rate is 52% with sports participation rate at 42% depicting a huge difference (10%) in participation. The courts have previously decided on cases using this test in Cohen v. Brown University (13%) and Roberts vs. Colorado State University (10.6%), since the case is substantially similar the decision of the court will stand and we will fail the first test.
The second test requires that the school depict recent expansion of women sports offering through offering a new sport in the past 3 to 5 years. A new sport has not been offered for over 10 years and following a substantially similar case decided by the court in Favia v. the Indian University of Pennsylvania; we will fail the second test based on the history of expansion.
The third test requires that there is full and effective accommodation of interest of women through documenting emerging interests of women in sports regularly through surveys. Since there is no documentation of recent interests of women in surveys and instead the growing interest in swimming by women is intended for demotion or cutting we will fail this test on full accommodation of interest as exemplified by court decisions in Cohen v. Brown University and Favia v. the Indian University of Pennsylvania.
Component 3 of Title IX requires the equivalence of benefits and opportunities including access to rights by women teams, competent officials, quality equipment and facility, among other factors.