Current Status, What Now, and What Happened Regarding FIT’s decision to move Varsity Rowing to Club

Current Status UpdatesTitle IX DocumentsWhat Can be Done
Other Key DocumentsWhat HappenedMedia Articles

Current Status:
October 2, 2024

Great news!  On October 2nd, the Federal Court approved the proposed Settlement between the University and Plaintiffs.  This means the case is closed and the terms of the Settlement are to be implemented.  We can now concentrate our focus on working with the University to ensure rowing stays Varsity beyond the settlement terms and get Women’s rowing reinstated.  

As a refresher, below are the terms (simplified) of the proposed Settlement:

  • FIT will preserve Men’s Rowing and Men’s Cross Country for at least five years starting with the 2023/2024 Academic year
  • FIT will not include eSports or Online students in it’s Title IX Athletics compliance Plan
  • Appointment of a Title IX Monitor for Three Years
  • Payment of the Plaintiffs Attorney Fees and Costs
November 18th, 2023 Update

President Nicklow sent an email to the Florida Tech Alumni on 16 November. He gave his commitment to work with us and all stakeholders to keep competitive rowing alive and well at Florida Tech. He addressed three important questions regarding Women’s and Men’s Varsity rowing and the future of the anchorage. We view it as a sincere outreach without making empty promises. It validates that we will be able to work with the University under his leadership.

September 27th, 2023 Update

On 9/25/2023, Florida Tech released a Press Statement announcing it has reached a settlement agreement with the six male rowers (represented by Art Schofield ’90) who sued the University for violating Federal Title IX laws.  The signed settlement, which still must be approved by the court that could take several months, guarantees men’s rowing will remain a Varsity sport through 2028.  It also provides for equitable scholarships, coaching and operating budgets. For more details, read Florida Today’s published article on the settlement and FFRA’s email announcing the Settlement.

This Settlement is what we all hoped for with the exception of Women’s rowing still being a Club sport. We now can be working “with” the University in supporting Varsity rowing and taking actions to ensure the long term sustainment of this legacy sport at FIT. We will diligently work with the University to find a path to having Women’s rowing become Varsity once again.

Huge thanks to all the alumni and friends who selflessly gave time, money, and support over the past difficult 15 months.  In particular, Art Schofield, class of ’90, who assembled a formidable legal team to right the wrong.  And to the six brave young male rowers who agreed to be the plaintiffs in the landmark Title IX case.

We also can’t say enough about the relentless young male and female scholar athletes who continued to train hard together and compete at the highest levels despite the dark clouds.  And to coaches Adam Thorstad, Catherine Davie and Casey Baker who selflessly led the athletes and programs through this crisis.

And we owe thanks to President Nicklow for his leadership to date.  He has made an immediate positive impact enabling the University to work seriously with the plaintiffs towards a feasible and fair settlement.  The previous administration had too much ego and shortsightedness that hampered progress.  President Nicklow is “walking the talk” in valuing alumni support and wanting to rebuild trust.

May 16th, 2023 Update

The Federal Court ordered formal mediation was conducted on Monday 15 May between lawyers for the Plaintiffs and the University. Unfortunately, the mediation ended in an impasse. This means the two sides were unable to reach a mutually acceptable settlement. The mediator’s filing to the court can be found here.

What does this mean for the program? The University can at any time reach out to the plaintiff’s lawyers to reengage without a mediator. We have been told by the lead lawyer for the plaintiffs’, Art Schofield ’90, they remain open to outreach from the University, however, in the meantime the crack legal team with their extensive expertise in Class Action and Title IX lawsuits will continue preparing for the scheduled trial that would occur in September 2024 at the earliest. Until a trial occurs, the University must maintain the Men’s program as Varsity.

The other big news since the March update is that five cross country members have joined the lawsuit.  The Federal Judge approved the amendment on 14 April despite the University’s objection and amended complaint submitted on 17 April.

March 6th, 2023 Update

We have great news here. FIT has not appealed the ruling, announced the reinstatement on 24 Feb, reinstalled the Men’s webpage, released an announcement for a Men’s Head Coach (you can see it on Row2K), held a meeting with the rowers on 27 Feb, and hired Casey Baker on 2 March as the interim Head Coach until the permanent position is filled which is expected to be this summer. FIT did not request any extension to the 12 March deadline which they would have had to do by 3 March. Casey will be working with the University on the remaining details of reinstatement, such as the race schedule and budget for the Spring season, before the 12 March deadline. More information was emailed out on 6 March. Click here to read it.

February 17th, 2023 Update

The Federal District Court in Orlando issued a Preliminary Injunction on 17 February directing the Florida Institute of Technology to reinstate Men’s Varsity rowing no later than 24 Feb. Read the full 24 page ruling here. The order reads as follows:

V . CONCLUSION
In accordance with the foregoing, it is ORDERED AND ADJUDED as follows:

1. Plaintiffs’ Motion for Preliminary Injunction (Doc.28) is GRANTED.

2. FIT shall:

  • as soon as possible, but no later than February 24, 2023, reinstate the men’s rowing team to its varsity intercollegiate status;
  • on or before March 12, 2023, provide the men’s rowing team with full funding, staffing, and other benefits commensurate with its status as a varsity-level intercollegiate team.
  • If there are compelling reasons that FIT is unable to comply with the March 12, 2023 deadline despite due diligence, it must notify the Court in writing on or before 5:00 PM on March 3, 2023.

3. FIT is PRELIMINARY ENJOINED

  • from taking any action in furtherance of eliminating the men’srowing team or any men’s intercollegiate athletic team at the institution pending a full trial on the merits or until the Court orders otherwise;
  • from retaliating against Plaintiffs in any manner for asserting their legal rights in this case.

4. No bond is required.

DONE and ORDERED in Orlando, Florida on February 17, 2023.

February 5th, 2023 Update

A recap of the 1 February Preliminary Injunction hearing was emailed out on 5 Feb. Click here to read it. Documents submitted to the Federal District court are listed below.

December 19th, 2022 Update

On 24 October, six student athletes from the Men’s Rowing Program filed suit against the University for discrimination against the male rowers in violation of Title IX of the Education Amendments of 1972. Title IX requires educational institutions that receive federal funds to provide equal opportunity and treatment in athletics without regard to gender.

The lawsuit asks a judge to issue a temporary restraining order and preliminary injunction ordering Florida Tech not to eliminate men’s rowing, and to provide the squad funding, staffing and other benefits commensurate with its status as an intercollegiate Varsity team. The lawsuit also asks Florida Tech to reinstate all of the recently cut sports teams, both male and female, and add new opportunities for men to comply with Title IX.

Prior to filing the suit, the student’s legal counsel held many discussions with counsel for the University trying to avoid litigation. Unfortunately, they weren’t successful. The University had 20 days to respond after receiving the court summons on 26 October and subsequently received an extension to 30 November.

Florida Tech filed an Answer denying the allegations. They did respond to a request for amplifying information on the data they used in determining their opinion of being in compliance with Title IX. 

The Title IX subject matter expert has updated her report which we believe is very compelling and thus makes us optimistic that the Judge will rule in the favor of the plaintiffs on the Motion for Injunction filed on 19 December. The hope is that the Judge will hold a hearing in January/February 2023. We will encourage attendance at the hearing by as many alumni and friends as possible.

If the Judge does rule in the plaintiffs favor, the University will be required to immediately reinstate Men’s Varsity rowing.

We will provide updates as we receive them. Read the formal complaint and the Florida Today front page article.

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Title IX Lawsuit documents (updated 10 July 2024)

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What can now be done?

Now that we have a reached a Settlement, FFRA will diligently work with the University for the long term sustainment of competitive Varsity rowing at Florida Tech to include a viable path to reinstating Women’s Varsity rowing. You can help by:

  • Donate to help fund sustaining competitive programs.
  • Post your support on Facebook, Instagram and Twitter.
    • Florida Tech Facebook
    • Florida Tech LinkedIn
    • Florida Tech Alumni Association Facebook
  • Get involved with FFRA committees. Email friendsfitrowing@gmail.com for opportunities

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What Happened?

FIT announced on June 28, 2022 that Men’s and Women’s Rowing, Men’s and Women’s Cross Country/Distance Track and Men’s Golf will become Club Sports.

Immediately following that announcement, students, parents, alumni and friends of rowing quickly began taking action to convince the University to reverse the decision as soon as possible. Upwards of 100 letters of support were written and sent to the Athletic Director, VP for Development, and Board of Trustees. The students created an online petition that has garnered over 8,000 signatures. Students, parents and FFRA also contacted the Media and were spotlighted in several news segments and news articles. (All Press articles are listed at the end of this page). The Florida Tech Alumni Association (FTAA) and Student Athlete Advisory Committee (SAAC) officially stated their support in letters to the Board of Trustees. FFRA formed a Rapid Response Team that immediately engaged with the University and the Chairman of the Board of Trustees. FFRA held a four hour meeting with the Chairman on 5 July, one week after the announcement, and a two hour meeting on Friday 8 July. During those meetings along with other sources, we believe the following occurred:

  • The Board of Trustees Athletic Sub Committee (formed 2 or 3 years ago) had tasked the Athletic Department at the January 2022 Board of Trustees meeting to provide recommendations on how to make Florida Tech more competitive in the Sunshine State Conference (SSC).
  • The Athletic Department solicited data from all the Sports Teams on what funding they needed to be highly competitive in and beyond the SSC.
  • The Coaches were led to believe the University had the resources for the increased funding.
    • For Rowing, the Athletic Department insisted on including all Capital Equipment costs (e.g boats) in the budget even though the University rarely contributed to Capital Expenses (most all large capital expenses were funded by donations).
  • None of the coaches were informed there was a risk of programs being cut (or moved to Club status) nor were there any budget discussions other than an email clarification.
  • The coaches never saw the proposed budget for their respective sports.
  • The Athletic Department provided the Athletic Sub Committee two options: 1) Add approx $9.7M to the Athletic Budget for facility upgrades (~$7.7M) and increased operational budgets ($2M/yr); or 2) Realign funding/scholarships from Rowing, Cross-Country and Golf to the remaining 11 sports teams.
  • The Board of Trustees chose Option 2 because the University believes it is not financially able to increase funding to Sports and included Men’s and Women’s rowing to be two of the five sports to be cut because Rowing:
    • Consumed 18% of the Athletic Department Budget
    • Cost 2 to 3 times the cost per athlete compared against the other sports
    • Was not in the Sunshine State Conference (SSC)
  • The Board of Trustees were told that:
    • The other sports teams were being underfunded compared to other Universities in the Sunshine State Conference.
    • Club Rowing was viable at Florida Tech.
    • The University would generously support rowing as a Club so it could be a model for other club sports at FIT.
  • Many of the Board of Trustees did not understand Women’s Rowing was in the SSC or understand the difference between Varsity and Club.
  • No thought was put into what a Club would look like or how it would be resourced.
  • The data was skewed against rowing as it was solely based on the 2021 School Year budgets (not actuals) and roster sizes. Rowing actuals were 20% less than budget and the roster size was 40% smaller than pre-pandemic.
  • No consideration was given to increased enrollment from sports. Note that Florida Tech is the only SSC school to have the minimum number of required sports. Most schools have 19, 20 or 21 sports.

In response to the above, the FFRA developed a proposal that:

  • Explained why Club Rowing was not viable or sustainable at Florida Tech
  • Proposed a credible and sustainable budget for the coming year
    • Budget was based on a detailed analysis of annual travel costs and Capital needs over 8 years
  • Accepted responsibility and provided a plan for fundraising to cover Capital Expenses
  • Showed how Alumni and Friends would donate $60,000 a year towards the Rowing Programs annual cost of Operations via a proven three tier pledging system.
    • The amount plus using 5% from two Endowments reduced the Rowing Program’s budget and cost/athlete to be in line with the average cost of the remaining sports programs.

The above proposal was delivered to the Board of Trustees Chairman on Monday morning, 11 July, ….. 13 days after the 28 June announcement. Craig McKay and Glenn Bunting, representing FFRA, briefed the Proposal to the Executive Committee on Thursday morning, 14 July. On 15 July, the Chairman notified FFRA that the Executive Committed decided not to recommend any change to the decision. That same day, the Interim President, Mr. Robert King, released a statement to the Florida Tech Community supporting the decision to demote rowing to Club status.

Below are a listing of key letters of support sent to the University.

Florida Scholastic Rowing Association
Florida Tech Alumni Association
Student Athlete Advisory Council
Men’s Prog Student Ltr
Women’s Prog Student Ltr

Other Key Documents

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Media Interviews and Articles

  • Florida Today Article, “FIT men’s rowing may keep varsity sport status“, published 27 September 2023
  • Florida Today Article, “Fab five: Florida Tech women’s rowers win big “, published 27 June 2023
  • Space Coast Daily Article, “Florida Tech Panthers Men’s Rowing Named IRCA Comeback Team of the Year“, published 23 June 2023
  • Space Coast Daily Article, “Three Florida Tech Rowing Team Members Named IRCA Scholar-Athletes“, published 21 June 2023
  • Row2K article “First in Fours” scroll down the article, published 14 May 2023
  • Florida Today Letter to the Editor, “Women’s Rowing Matters too”, published 14 May 2023
  • Florida Today Article, “New president’s goal: Elevate Florida Tech’s visibility” published 06 April, 2023 (includes 3 paragraphs on the lawsuit)
  • Florida Tech Crimson Article, “Florida Tech Men’s rowing reinstated – what about the women?” published 03 April, 2023
  • Florida Today Article, “Florida Tech reinstates men’s varsity rowing amid Title IX suit” published 27 February, 2023
  • Sportico Article, “Rowers Paddle eSports in Title IX Lawsuit” published 24 February, 2023
  • Rowing News Magazine, “Court Backs FIT Men in Bid for Varsity Status” published 24 Feb, 2023
  • Florida Today Article, “FIT must reinstate varsity men’s rowing” published 19 February, 2023
  • Row2K article “Florida Court Order Requires Reinstatement of FIT Men’s Rowing by February 24“, published 17 February, 2023
  • Florida Today Article, “Florida Tech rowers claim discrimination” published 07 February, 2023
  • Florida Tech Crimson Article, “Florida Tech rowers await trial for reinstatement” published 27 January, 2023
  • Florida Today Article, “Florida Tech rowers to sue; program demoted from Varsity status“, published 24 October
  • Florida Today Letter to the Editor, “Sports decision at FIT damages relationships“, published 19 October
  • Florida Today Letter to the Editor, “FIT should reverse athletics move“, published 02 October
  • WFIT Radio Ad, “FFRA supporting Florida Tech Rowing”, Sep – Nov
  • Rowing News Magazine , “FIT Cuts Rowing“‘ published in August edition
  • Florida Today “Florida Tech rejects cost-sharing proposal to reinstate rowing teams as varsity sports“, published 15 July
  • Row2K article “Update from Friends of FIT Rowing on Effort toward Reinstatement of Rowing Programs“, published 12 July
  • Florida Today Interview “Florida Tech Rowing alumni float proposal to keep men’s, women’s at varsity level” published online 11 July and in print Front Page 12 July
  • WFTV 9 News “Florida Tech student-athletes disappointed by school’s decision to cut some varsity sports teams” Published 8 July
  • WPTV 5 West Palm Beach Interview “Florida Tech students push to reinstate some varsity sports” Published 8 July
  • Brevard Hometown News Interview “Florida Tech drops five varsity athletics programs to club level” Published 7 July
  • Orlando TV Channel 35 Segment “‘Feels like a huge betrayal’: Florida Institute of Technology eliminates five varsity sports programs” aired 1 July
  • Florida Today Interview “‘Shocking’: Florida Tech athletes, coaches denounce decision to demote five varsity sports” Published in print Front Page 10 July

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