Alfred John Gemrich

Law Office:
100 Portage Street, Suite 200
Kalamazoo, MI 49007
Telephone: (269) 382-8767
Fax: (269) 382-1568

December 11, 2003
Board of Trustees Western Michigan University 1903 W. Michigan Avenue Kalamazoo, MI 49008

Re: Proposed Termination of Track and Field, Indoor Track and Cross Country Programs

Dear Trustees:

Summary Request:

It is respectfully requested that the Board postpone any decision to eliminate any athletic program until:

1. It has been documented that the Committee has fully explored the possibility of honoring the desires of all of the University's constituencies to "save all sports" by trimming and/or adjusting budgets within the respective athletic programs.

2. It has been documented that the Committee has fully explored the impact of the elimination of an athletic program on minority recruitment, enrollment and retention and on other sports programs.

3. It has been documented that the Committee has fully revealed and stated in its report the decision making criteria used by the Committee, and demonstrated it has uniformly and consistently applied such criteria, considered and weighed all reasonable alternatives, provided a rational analysis and the basis for its conclusions and demonstrated that they are consistent with the principles and values of the institution and responsive to the concerns of University's various constituencies.

What is at stake?

1. Continuation of the single most successful and prestigious sports program in the University's history.

WMU's track program has been the singular most successful, enduring, competitive and distinguished athletic program in the University's history. It is unrivaled in its excellence when compared with any other sport or team record.

· The all-time winning percentage is .680 from its inception in 1915.

· WMU track, field and cross country athletes have produced 4 world record holders, an American record holder, National team and individual champions, Olympian participants including a gold medallist.

· The track and field and cross country programs have produced 32 MAC team championships and 34 MAC team runner-up finishes.

· The Cross Country Team has twice produced the University's only NCAA National Championships in the University's history.

· The cross country and track teams have earned All-American status at the NCAA National Championships in 35 of the past 47 years and at least one MAC title every year since 1948.

· Unrivalled stability in the coaching staff with only nine head coaches in its 88 year history.

The decision of the Board should demonstrate that it has considered every other reasonable alternative and document in detail its reasons for elimination of its single most effective program in the University's history. A program of this preeminence is not something that can be let go and then restarted. It is like Humpty-Dumpty; after the fall it cannot be put it back together again.

2. The University's credibility and integrity among contributors.

Elimination of men's track/cross country may be considered a serious breach of trust with those who contributed funds to the University based upon specific representations that funds would be used for indoor track sports. When soliciting funds for the creation of the Don Seeley Athletic Center it was specifically represented to donors that the Center would have a full indoor track facilities including: a) a six-lane, 300 meter oval track, b) eight 100 meter sprint lanes, c) provisions for pole vault, long jump, triple jump, javelin and discus. It contained diagrams and photos illustrating those facilities. A glossy brochure in writing stated that the "principal occupants" would be "men's track and field, cross country - practice and indoor competition, coaches offices." It stated "Bronco track athletes lost their indoor track a number of years ago, when Read Fieldhouse was renovated…This much needed facility will be used primarily by Bronco baseball, football, golf, soccer, softball, and track and field teams." The Men's Track Coach Jack Shaw, was quoted saying, "Right now, we have no facility for indoor track competition - none. When this new building is done, Western is going to have the best indoor track in the conference, and one of the better ones in the Midwest. I'd say that's a pretty big difference." The brochure showed the track with hurdles and persons. The brochure did not distinguish between men's and women's track sports or suggest that the facility would solely be for women's track sports.. The Board's decision must consider and preserve the integrity of the University and the University's credibility with it donors is at stake.

3. The University's adherence to its stated mission to provide educational opportunities to residents of the State of Michigan.

Preamble of the Board of Trustees affirms its commitment to: "The provision of access to an excellent education to the people of the State of Michigan…"

Track/cross country has the single largest group of students coming from high schools in the State of Michigan. More than 70% of the members of the track/cross country teams come from instate. In contrast the rosters for other athletic programs, such as soccer and tennis, have few persons from within the State of Michigan.

The track and field sports have the second largest participation on the national and state level for boy's high school athletics. Last year 30,000 high school boys in the State of Michigan participated in cross country and track and field. Source National Federation of State High School Associations (NFHS) 2002 Participation Survey.

Track and field/cross country sports program at WMU serve and provide competitive educational opportunities for the second largest and most important group of in-state students. More than 70% of the cross country/track and field roster consists of in-state students.

If any program is to be eliminated the Board's decision must explain how the elimination of the track/cross country programs is consistent with the stated goal of the institution rather than selecting another program that does not so significantly serve Michigan residents.

4. The University's Role as a Preeminent Producer of Educators and Coaches.

WMU is ranked number 1 in the State and number 4 nationally as a producer of teachers and coaches. Its mission is to produce educators and not professional sports figures. A. Bartlett Giamatti, former President of Yale University and Commissioner of Baseball, was one of the most thoughtful and articulate spokesmen for athletics in college and university programs. Giamatti viewed athletics as an essential part of the experiential educational curriculum that teach life lessons that were not to be found in the classroom or books. He posited two great educational themes. The first theme found its origins in the Greek Olympic tradition and ideals, which stress the purity of sport. Athletics was a vehicle for individual self-discovery, self-discipline and personal growth that comes from challenge, extreme effort and the pursuit of excellence. The second theme found its roots in the "Tom Brown English Schoolboy Tradition," which stressed the values of sportsmanship and teamwork, of learning to play by rules, to win or lose gracefully and to get back up when you were knocked down.

The track/cross county program has the greatest number of high school participants and offers the greatest number of opportunities for athletic participation to the University's students than any other sports program. Thus continuation of the program is vitally important for:1) the University's general student population, 2) the University's commitment to diversity enrollment, and 3) the University's preeminence in the field of producing educators and coaches. It should not be discontinued until it has be demonstrated that its loss is consistent with the University's educational mission.

5. Track and Field Programs Play a Singularly Important Role in Diversity Enrollment at the University.

One of the University's stated goals is: "To increase diversity within the student body, faculty, and staff through institutional practices and programs." No action should be taken to eliminate the men's track/cross country program until there is a thorough assessment of the move on the University's stated commitment to diversity enrollment.

Upon information and belief only 96 persons of the 2003 freshman class were African American males. Of these 96 about 60% participated in athletics. Currently more than 20% of the track/cross country athletes are minority students.. Over 90% of these students rely on athletic grants-in-aid to fund their education and they account for 42% for the program's grants-in-aid budget. Because track/cross country is the largest program for high school students the continuation of the University's track/cross country program remains one of the most important, if not the single most important vehicles for recruitment and retention of minority students and for implementing the University's stated goal of increasing minority enrollment. .

The University's African American enrollment in 2004 was 204 out of 4,543 students or about 4%. The track/cross country ratio of minority participants is more than 20% or 5 times that of the general student enrollment. This strongly suggests that the track/cross country program is an extremely important tool for diversity enrollment.

The elimination of any program that provides significantly greater opportunities for African American or minority participation in the University's educational system is difficult, if not impossible, to reconcile with the University's stated principles and the legal precedent which encourage and require equal educational opportunities for all members of society.

6. The principles of efficient operation and efficient return.

The track/cross country program is the least expensive men's sports program to fund on a per participant basis. The cost based on the 2003-2004 budget is $7,723 per athlete. In contrast other men's sports programs cost as much as $57,919 or 7 ½ times as much. Even the women's track/cross country per athlete cost at $9,911 is greater than the men's program.

If you want to talk measurable rate of return then the track/cross country team provides the highest measurable rate of return on investment in terms of performance of any other sports program. In the 2002-03 academic year the 3rd place finish in indoor track and 4th place finish in cross country in the MAC Championships accounted for 21 of WMU's total 54.5 points in the MAC's Reese Award standings or 38% of the total points. Based on the published figures this means that 6.6% of the total athletic projected budget returned 38% of the points toward the MAC's Reese Award. No other sport produced any comparable return. Its elimination does not make economic sense.

The men's track/cross country program has the lowest per participant rate of scholarship support of any men's or women's league sports program. That means while the track/cross country program has greatest number of students participating and available from high school it receives the least subsidy and smallest ratio of support. A very real measure of the economics of the respective sports situation would be the participation rate in a sports program in ratio to the number of athletic scholarships. If this analysis were available it is submitted that the track/cross country would then vividly stand out as the sports program most in demand and requiring the least artificial stimulation and least financial subsidy.

The total budget for the track/cross country program appears to be about 6% of the total men's sports budget and only 4% of the total men's and women's athletic budget. To save 4% on the total budget is hardly even going on a diet or showing great sacrifice in the prospect of lean economic times.

Upon available information last year's track/cross country program had revenues over $15,000 and therefore ended the year with a $15,000 surplus. In contrast with other athletic programs that sought to increase rather than decrease their budgets the track/cross county proposed thoughtful proposals that would have resulted in the equivalency of a $35,000 budget cut or a reduction of more than 9%. If every sports program had proposed a budget cut of 9% it would have released about $751,500 or more than twice as much as it would cost to continue the track/cross country program. In fact, an across the board budget cut of less than 5% would have permitted the track/cross country program to continue.

7. The Impact on other Sports Programs.

There should be no elimination of any sports program without a thorough review and analysis of the interrelationship of the University's various programs and the impact of the elimination of one program upon the other programs. The elimination of track programs in other prominent schools is now being reversed. The University of Miami of Ohio and San Diego State are reinstating their track programs because of the importance of the track programs for the football recruitment and programs. Similarly what is the importance of the men's track/cross country program for the women's program? Men's and women's track and cross country programs are the least expensive sports to field, the produce the greatest compatibility and harmony in events and require and use the same facilities. To eliminate the men's program and not the women's program is false economy because there will still have be the same facilities and fewer students, grants-in-aid scholarship revenues to maintain those facilities.

8. Honoring the clearly stated direction and desire of the entire community.

The Committee report states it held public forums. It states that "Trim the budget but save all sports" was a clear message from the community." The Committee ignores this request and gives no indication of ever having explored this alternative. Rather it has caused a cannibalization of the various athletic programs not requiring a belt tightening of all programs, but promising and allowing the survivors to feed on the carcasses of the programs that are being eliminated.

9. The lives of young persons who have relied upon the University's promises express and implied.

Upon available information there are several students whose future participation will no longer be possible because they are unable to transfer and retain eligibility and/or course requirements. Further there are student's who have enrolled based upon promises of ability to participate in dual sports programs which include football and the track and field program.

10. The integrity of the decision process.

A public institution must honor the principles of reasoned decision making. This would generally include as a minimum:

1. Agreed principles which reflect the values of the institution
2. Clearly articulated criteria that reflect the agreed principles
3. Uniform application of the criteria
4. Consistent application of the criteria
5. Criteria that properly reflect the values
6. Exploration of all feasible alternative
7. Exploration of the probable impact of a decision
8. Careful and well reasoned analysis
9. Conclusion that follows application of the principles
10. A testing of the conclusion and the result to determine it is consistent with the values of institution

It is respectfully submitted that the Committee Report provides an inadequate basis for elimination of any sports program. It is incomplete and internally inconsistent. It fails to identify the decision making criteria, fails to demonstrate that alternatives were explored, fails to show the detailed analysis used, fails to show any weighing of alternatives and fails to show that the conclusions are consistent with the announced goals and polices of the University.

Some specific illustrations:

1. Failure to consider alternatives:

The report does not offer any evidence the Committee really studied how best to respond to the economic challenges facing inter-collegiate athletics at WMU. The report states the Committee considered the possibility of increasing athletic revenues and controlling or reducing other operating expenses. The Committee concluded action should be taken in these areas. The report is silent as to what could or should be done. The report contains no specific recommendations. Rather than documenting that there had been a thorough examination of the alternatives and giving specific reasons for its decision the report recommends the elimination of programs.

2. Failure to Honor Community Direction:

The report acknowledges it received widespread recommendations to "trim the budget, but save all sports." There is no evidence it considered this by exploring actually trimming and/or adjusting the budgets of the various programs so that all sports could continue. This is one of the single most glaring errors in the report because it shows it ignored the mandate that it sought and obtained from the community.

3. Erroneous Assumption:

The report says "the committee chose to recommend the discontinuance of those sports that had the greatest potential for dollar savings" yet the elimination of any other two men's sports would have produced greater savings.

The report mentioned community hosted tournaments and commitment to soccer and tennis stating elimination of these sports would be difficult without a "significant risk of negative impact to the community." There is no evidence that the elimination of men's soccer and tennis programs at the university level would negatively impact the community-hosted tournaments. The fact is WMU would still be sponsoring teams for women in these sports and the facilities for those sports would have to be maintained.

The report failed to note the community's equal or greater commitment to hosting events associated with the men's track/cross country program. These include the Portage Invitational Cross County Meet which is the largest in the Midwest, the annual Turkey Trot, the Campus Classic Race held at homecoming and numerous other races throughout the year.

4. Erroneous Conclusions:

The report states that the elimination of the men's track/cross country program would have the greatest positive impact or benefit for Title IX considerations. This is erroneous for two reasons. First, it is of questionable wisdom and legality under Tittle IX for a university to reduce men's athletic programs to accomplish the desired Title IX results. Second, in the Title IX equation, keeping soccer and tennis as opposed to track/cross county actually negatively impacts Title IX considerations because it further widens the gap of scholarship dollars proportional to the participation of male and female athletes. The scholarship dollars of the men's track/cross country program are roughly equivalent to that of the men's tennis and soccer teams, but the because the men's track/cross country program has more participants, elimination of the men's track/cross country program decreases the percentage of scholarships for male athletes.

5. Selective Rather than Uniform Application of Principles:

The report stresses the number of high school students competing on other sports programs as a plus factor, but neglects to acknowledge that the greater numbers of high school students, both male and female, both in Michigan and nationally, compete in track/cross country sports.

The report mentions graduation rates in several sports, but does not mention graduation rates in track/cross country program.

The report mentions that for baseball, with only 11.7 scholarships for 31 athletes (not 26 or 27 as stated) most of the athletes generate a substantial amount of tuition dollars for the university. It fails to mention that the men's track/cross country athletes with have only 11 scholarships for 48 athletes doing the same thing.

6. Failure to Consider the Efficiencies in the respective programs:

The report totally fails to mention that the track/cross country program is the least expensive sport on a total budget basis, a per participant basis and in terms of performance return.

7. Failure to Examine the Breadth of the Program in Light of the University's Education Mission:

The stated mission of the University is to provide opportunities to residents of the State of Michigan. The report failed to mention the relative participation levels in men's track/cross country programs at the high school and college level. The fact is that the track/cross country sports are far more widely participated in than either soccer or tennis. The elimination of the track/cross country program will have a significant impact on the opportunities for students within the State of Michigan. These are the persons that the taxpayers dollars are designed to assist. The men's soccer and tennis teams have few in-state members and only one individual from this area. In contrast more than 70% of the track/cross country roster are from in-state and that roster includes many local athletes.

8. Failure to Examine Impact on Minority Recruitment and Diversity:

The report fails to examine or discuss the negative impact of eliminating track/cross country on the recruitment of minority male athletes.

9. Failure to Take into Consideration of Cost of Continuing Other Sports:

The report fails to mention or discuss what a Kalamazoo Gazette recently pointed out hat the are numerous field and upgrades that may make those "saved sports" more expensive than retention of the track/cross country program.

10. Inconsistencies in Report:

The report mentions that determined that it should eliminate programs to "retain some level of competitiveness." Then the report recommends the elimination of the most premier, most successful and competitive program the University has ever run.

The report lauds the women's track/cross country program for its fiscal economy and opportunities for ethnic minorities and totally fails to mention that the same holds true for the men's track/cross country program.

It recognizes that over 70% of the student athletes in both programs come the within the State of Michigan. The report then recommends discontinuance of a program despite the University's stated mission to provide for in-state students while retaining programs - namely soccer and tennis that prefer out-state students.

Conclusion:

It is respectfully requested that the Board take the action set forth above.

Very truly yours,

Alfred J. Gemrich