Eastern Michigan University: Court can't force us to restart cut teams

David Jesse | Detroit Free Press

There's no reason for a federal court to order Eastern Michigan University to reinstate four eliminated sports teams, its lawyers argued in court filings, for one simple reason — there are not enough players left to field a team.

The argument comes in a response filed by the university to a lawsuit by two former players who had their sports eliminated. The players are asking a federal court to order Eastern to reinstate the programs.

"Plaintiffs also ignore their delay in seeking injunctive relief — due to their inaction, too few athletes remain to field viable softball or tennis teams — and exaggerate the irreparable harm they allegedly face by misrepresenting the facts and law regarding the supposed 'transfer risks,' " Eastern's lawyers argue in their response. "Finally, the balance of harms weighs in favor of denying Plaintiffs’ request, because ordering the University to spend resources on re-creating the two sports programs will harm other University students in the academic or sports programs where cuts will need to take place to balance out the expenditures."

When Eastern announced softball was being cut, there were 17 members on the team. Only five have said they plan to stay at Eastern, the school said in its response.

Of the eight students on the tennis team this spring, five are out of eligibility, meaning they have played the allowed number of years. Only two have said they want to stay.

If the court orders Eastern to reinstate the program, it would cost the school money, the filing says.

"For softball, the University gave away entire sets of uniforms or a significant number of uniforms in a particular set, to alumni and student-athletes that were on the team in 2017-18. If the University were required to reverse its already implemented decision, it would have to order multiple sets of uniforms, as well as other practice gear, apparel, and footwear, to outfit the teams appropriately."

The sports cut from EMU are softball, men’s swimming and diving, wrestling and women’s tennis. With the change, EMU, which previously led the Mid-American Conference with 21 sports, will now have 17 — seven men’s sports and 10 women’s sports. The school will remain in the MAC.

The moves come as EMU eliminates other positions in order to make up a projected budget deficit of $4.5 million to $5.5 million for the 2018 fiscal year. Forty-two other positions are being eliminated and 17 layoffs are being made.

The sports cuts affected 58 male student-athletes and 25 female student-athletes, and will ultimately save approximately $2.4 million.

In the lawsuit, Marie Mayerova, a former tennis player at Eastern, argued the cuts would force her to leave Eastern.

"After (Eastern) disbanded the team, (Mayerova) received interest from other schools but does not have the resources to effectively transfer," the suit says. "To do so, she would have had to apply for and obtain admission to another institution with room for her on its women's tennis program, obtain a scholarship offer, withdraw from (Eastern), return to the Czech Republic, forfeit her student visa and re-apply for a new visa to attend a specific school."

Mayerova could stay at EMU, but that's not a fair choice for her, the suit says. The lawsuit implies more athletes face a similar situation but does not provide details.

"The choice to stay and forego their dream is not a real choice or a viable option for these Plaintiffs, nor is it a fair choice to ask of these student athletes who have given so much of their time, effort, blood, sweat and tears to their sports and the university that betrayed their trust."

An Eastern spokesman notes that if athletes stay at Eastern after their sport was cut, their scholarships would continue to be paid.

Ariana Chretien, a former softball player, is the other female athlete to file the suit. Chretien played two seasons of softball at Eastern. It was the combination of a scholarship offer and the chance to study aviation at the school that brought her to Ypsilanti.

Chretien, who went to high school at Walled Lake Northern, has looked at other schools where she could transfer.

"I got offers from schools that had money for scholarships, but not aviation," she said. "I've also found places that aviation but didn't have money for scholarships."

There has been pressure from the athletes, former athletes and others in the community to get Eastern to reinstate the sports. Eastern officials have said repeatedly the university doesn't plan to change its decision.

Having the court step in would set a bad precedent, the university said.

"In effect, the Plaintiffs ask the Court to take over as EMU's Athletic Director for years to come, deciding … which sports teams will be added or cut, which roster spots and scholarships will be available, and a myriad of other matters that must be considered in running a Division I collegiate athletics program."

Contact David Jesse: 313-222-8851 or djesse@freepress.com. Follow him on Twitter: @reporterdavidj.