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Impact 50: Roberts vs. Colorado State Altered Multiple Landscapes - CSURams.com

Christine Susemihl, who worked with CSU athletics for 45 years and rose to the position of Senior Women’s Administrator, remembers the decisions to drop sports – others had been eliminated before -- were anything but casual.

“The big thing there was we dropped baseball. The administration felt, well, we can drop softball, because that’s equity,” Susemihl said. “That’s not how the courts viewed it, mainly because a lot of it was governed by the ratio between male and female students in the student body.”

Susemihl said the university knew it was going to be at risk for doing so, but Colorado State wasn’t the only campus dropping sports and trying to balance out the scales and ledgers at the same time. 

From 1992, when the university attempted to drop softball, through 1994, when the suit finally came to an end and the softball program was reinstated, there were 20 other cases being heard in the courts.

Not all of them reached the Supreme Court.

“There were issues and surprises, like getting sued all the way to the Supreme Court,” Susemihl said. “I always felt like the university was trying to do the best, and they accepted the decisions, lived with it, and continued to develop the program and invest in it. Finally, it kind of all settled down.”

When the first item in a Google search of your name is a Supreme Court case, you walk the line carefully. Roberts wrestles with the fact, knowing most people carry a negative connotation with lawsuits. For her, the topic is not a conversation starter. It won’t end one, either. Most of the people she’s known for years don’t know about it, and the few who ask don’t make a big deal of it, but she will fill in the blanks of their curiosities.

How her name became listed first among the 13 listed, Roberts isn’t exactly sure. Bielak joked Roberts deserved top billing because her father Norman did all the leg work for the team.

Time and place has a lot to do with those conversations, and the 25th anniversary of the program being reinstated was an ideal setting. So too were those willing to listen, players with “Rams” emblazoned on the front of their jerseys due to the persistence of others. That’s the way it really is for all of the players who dared to stand.

“They came to our alumni game, and a couple of the people who were on the team at the time and went through the whole process of taking the case to the Supreme Court were there,” current senior Kaitlyn Cook said. “They came and talked to us, and I had heard from them my freshman year, and it was nice to re-hear the story from their point of view this past year.

“What they did, I’m grateful, for sure. The ability to play, I hadn’t known about the story coming in. The courage and the strength to not only fight for the program and fight for us and future generations of softball, but also go to school ... Some of them did it knowing they weren’t coming back to play. They did it knowing girls like me were going to be able to stay in a program that has honestly shaped who I am.”

That was the thing. Initially, all of the members of the 1992 squad were mad. How could their university do this to them? It was very personal to them, even if the university viewed it as a financial transaction.

It was all about them, too, especially initially. Their college careers were on hold, but so was their education. Roberts liked the softball program, but she loved the engineering school. It was all tied together.

Still, it didn’t take long for them to see the bigger picture.

“Those things start out a little bit selfishly,” Roberts said. “You’re like, no, I want to play. The more you start to learn about the situation at hand and you consider this is the only Division I program in the state at this moment, this would take away opportunities in a sport that is growing all the time. Since the 1980s, softball has taken off like a rocket at so many levels. Opportunities for young women to go to college at whatever level and have the opportunity to play a sport – sport teaches you so many things.

“Opportunities, to me, are way bigger than me getting to play. I loved going to Colorado State. It was sad for me to think something would be unavailable when all we wanted to do was represent the school and this is something to be recognized in this state.”

The first thing the group did was file an injunction on Nov. 19, 1992 to stop the move, but the court ruled it needed more facts and finding of laws. What did happen was CSU honored the scholarships of those involved in the suit and agreed not to sell off the program’s equipment.

The week before Thanksgiving, the case went to District Court, where both sides presented their arguments, and with the members of the team in court, some of whom were called to testify, their world view was opened.

“It was very scary, because it was in US District Court, a federal court, and it was scary. None of us had any experience with this and what it entailed,” Bielak said. “I’m not sure some of us realized what a huge thing it was while we were doing it. It became a landmark case and it’s been cited how many number of times? It was scary, the judge was scary and CSU marched in with all these attorneys and there were people from the athletic department. It was like we were shell-shocked. Here’s a bunch of teenagers and young women walking in … Very much a David vs. Goliath kind of thing.”

Colorado State argued the female participation rate at the time was substantially proportional to the current female enrollment rate. It was not. At the time, there were 17 varsity programs, and females made up 35.2 percent of the total. The undergraduate enrollment at the university was 47.9 percent female, making the disparity 12.7 percent.

In the decade prior, that had always been the case, with an average of 14.1 beginning from a 1980-81 starting point.

The university argued the framework of Title IX provided no guidance in what determined “substantial proportionality, and they pointed to an Investigators Manual, noting language which stated “there is no set ratio that constitutes substantially proportionate.

The court ruling was that the paragraph preceding did, in fact, make it clear, and ruled in favor of the softball team. 

“We had that weeklong court case, then we never heard anything back from the judge until February of 1993. It was kind of, OK, that part is done, now we wait,” Roberts said. “When her ruling came back, Judge Zita Weinshienk – I’ve never forgot her name – it was like 18 pages. When her judgement came out, I think we were just validated. Like, thank you, you saw what we saw. Even more, in some cases.”

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