Quinnipiac University violated Title IX, what went wrong?

Article here. Excerpt:

'Of the 5,696 students enrolled at Quinnipiac in 2009-2010, roughly 62 percent were women. A strict reading of Title IX would require that women occupy 62 percent of all varsity sports positions offered by the school.

Under the school’s calculation, women held 62.27 percent of all varsity spots, including competitive cheerleading and track.

In contrast, Judge Underhill’s calculations found that women athletes held only 58.25 percent of varsity sports positions.

In affirming Judge Underhill’s ruling, the appeals panel agreed that a 3.62 percent disparity between female enrollment and female varsity athletes is substantial enough to violate Title IX.'

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Such a small percentage constitutes a violation?

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since the cheerleading doesnt count for title 9 they should shut it down entirely and spend that money on the womens sports needed to bring up the status que

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