Story by Bill Cornwell
HUNTINGTON, W.Va. — Just two weeks after the Marshall University Board of Governors voted to end the MU Women’s Swimming and Diving program and replace it with a Stunt program, Marshall Swimmers and Divers are taking their fight to keep the program to the courtroom.
Team members filed a class action lawsuit against the university and its Board of Governors on Monday, alleging a violation of their civil rights under Title IX, which prohibits sex discrimination in all educational institutions that receive federal funds. The plaintiffs have also asked the court to issue a temporary restraining order and a preliminary injunction to prevent Marshall from eliminating any women’s team, including the swimming and diving team, while the court considers the merits of their claim.
The lawsuit, Dodd v. Marshall University, was filed yesterday in the U.S. District Court for the Southern District of West Virginia. Bailey & Glasser, LLP (“Bailey Glasser”), represents fifteen members of the women’s swimming and diving team. Junior swimmer Allison Dodd is the lead plaintiff in the case.
The plaintiffs allege Marshall has violated Title IX by discriminating against women concerning athletic participation opportunities. They claim that an independent audit of Marshall’s Title IX compliance situation, done in October 2025, found that Marshall shortchanged women by 210, 250, and 160 participation opportunities in the most recent three academic years.
“This is not an especially close case,” said attorney Joshua I. Hammack. “For years, Marshall has failed to offer women equal opportunities to participate in varsity sports. And now the school seeks to cut a women’s team. The brave women on the swimming and diving team want nothing more—but also nothing less—than the equality Title IX demands.”
Marshall has responded to the lawsuit, saying that it takes all legal matters seriously and is committed to engaging in the judicial process in a transparent and respectful manner. Marshall is not commenting on the specifics of the filing, other than to reiterate the university’s previously disclosed position.
Marshall officials, including MU President Brad Smith, says that the decision to discontinue the program was in the best interest of the institution as a whole and that while the decision was difficult, the rationale remains sound and unchanged.
“This decision was driven by three structural considerations: expanded participation opportunities under Title IX, long-term financial sustainability, and the facility and infrastructure requirements necessary to support the program,” Smith said. “Our goal is to support our women’s swimming and diving student-athletes through this transition and prepare for a new era of expanded opportunities for women athletes at Marshall.”
Marshall University Vice President and Director of Athletics Gerald J. Harrison joined Smith in saying that the decision was made with careful consideration.
“Our months-long financial review of athletic programs at Marshall showed that the swimming and diving program, while successful in the classroom and in the pool, was not sustainable at the level necessary to compete for Division I championships,” Harrison said. “This was not an easy decision, but we believe it remains the best option at this time. Our priority remains the well-being of our student-athletes and the trust of the entire Marshall community.”