University of Iowa Athletics yet to sign ‘formal agreement’ with Title IX monitor

IOWA CITY — Five months after settling a gender equity lawsuit by agreeing to take several steps — including tapping an outside expert to ensure compliance with Title IX starting this academic year — University of Iowa Athletics hasn’t signed a contract with the monitor or detailed in writing the scope of his work.

UI Athletics is not answering questions about whether it has paid the monitor anything so far, or whether it plans to — and, if so, how much it will cost.

A UI transparency officer in early October told The Gazette the university didn’t have an agreement in place, “but we will in the near future.” In late January, nearly four months later and more than halfway through the academic year, a UI records custodian reported, “There will be a formal agreement once the duration and scope of his work are determined and finalized.”

UI Assistant Athletics Director Steve Roe at that time reported the monitor — Tulane University sports law professor Gabriel Feldman — “has just started his process.”

This week, UI Athletics officials confirmed they’ve met once — virtually on Oct. 11 — with Feldman, director of Tulane’s Sports Law Program and co-director of its Center for Sport. Officials said the online meeting wasn’t recorded.

“We look forward to receiving his report on Oct. 1, 2022, which will encompass the entire academic year, 2021-22,” Roe said in an emailed statement. “Moving forward from the initial Zoom conference call with Mr. Feldman on Oct. 11, 2021, UI officials have proceeded with deliberate and measured steps in collecting the necessary information to assist Mr. Feldman in completing his report to meet the established deadline.”

UI officials have declined to share details about who met with Feldman in October; what documents and details he has requested; and whether or how UI Athletics has communicated with him since October. The Athletics Department reports no emails have been exchanged to date with Feldman, who hasn’t responded to The Gazette’s calls and emails requesting an interview or comment.

Feldman, in addition to his work at Tulane, serves on NCAA committees that review “Competitive Safeguards and Medical Aspects of Sport” and “Drug Testing Appeals.” He also is a reporter for a Uniform Law Commission Name, Image and Likeness Committee; consultant for the Knight Commission on Intercollegiate Athletics; arbitrator for the Court of Arbitration for Sport, based in Switzerland; mediator for Mediation Arbitration Professional Systems Inc. in New Orleans; and legal analyst for the NFL Network.

Before Tulane, he was an associate with a Washington, D.C. law firm, and earned his bachelor’s, masters and law degrees at Duke University. He hosts a “Between the Lines” podcast focused on telling the “legal story” behind sports headlines.

Feldman is active on Twitter, occasionally touting “women in sports” issues. On Oct. 11 — the day he met with UI Athletics — he announced on social media that Jennifer Abruzzo — general counsel for the National Labor Relations Board — was joining him on the podcast to discuss why “college athletes are employees.”

Although UI Athletics hasn’t shared specifics about Feldman’s work, some details are outlined in the September settlement that UI Athletic Director Gary Barta signed with several female athletes who sued in fall 2020, alleging violations of the federal gender equity law Title IX after the university announced it was cutting women’s swimming and diving.

The lawsuit compelled UI Athletics to reverse plans to cut the program after a judge found the women had a “fair chance” of winning the lawsuit. And it led to the settlement, which stipulated the UI take four key actions, in addition to paying nearly $400,000 in legal fees and court costs:

Feldman, according to the settlement, will monitor the three primary aspects of Title IX compliance: equal participation opportunities; equal benefits and treatment; and equal scholarship opportunities.

Per the settlement, Feldman will issue a public report annually on his findings “with respect to each of these areas and provide input on any Title IX failings.” That report will be posted on the UI Athletic Department website no later than Oct. 1 of each year.

The first report, assessing Title IX compliance in the current academic year that started in August, is due Oct. 1.

“At all times, UI will retain its discretion as to how to achieve gender equity and Title IX compliance, by following the monitor’s input or otherwise, as long as it resolves any lack of Title IX compliance found,” according to the settlement.

Vanessa Miller covers higher education for The Gazette.

Comments: (319) 339-3158; vanessa.miller@thegazette.com