Another court has rejected a student-athlete’s attempt to have the University of Minnesota men’s gymnastics team reinstated, two years after the sport was eliminated.
A three-judge panel from the 8th Circuit Court of Appeals on Wednesday affirmed a U.S. District Court judge’s March 2022 order denying Evan Ng’s request for a preliminary injunction that would have reinstated the team while the gymnast’s lawsuit was pending.
The U’s Board of Regents in October 2020 voted to cut the men’s gymnastics, tennis and indoor track teams in order to save $1.6 million a year and come into compliance with Title IX, which requires colleges to offer athletic opportunities in rough proportion to their male and female enrollment.
Ng sued a year later, arguing that by cutting his sport, the U discriminated against him on the basis of sex, in violation of Title IX.
That case remains active, but Ng is unlikely to win, U.S. District Judge Susan Richard Nelson wrote in March 2022 as she denied his request for an injunction.
The appeals court panel on Wednesday agreed with Nelson, writing that Ng waited so long to seek the injunction that it no longer was reasonable to think the team could be brought back to life.
“Given the context of the collegiate gymnastics season, Ng’s delay of at least six months in filing the motion was unreasonable, which undermines his claim of irreparable harm as a basis for injunctive relief,” Chief Judge Vence Smith wrote.
