DOVER, Del. - More than 16 years after female student-athletes sued Delaware State University over alleged Title IX violations, the university is asking a federal judge to approve a revised agreement that would give the school additional time to meet gender-equity requirements in its athletics programs.
The case, Foltz v. Delaware State University, was originally filed in February of 2010 by 15 members of the university's women's equestrian team and other female student-athletes. The lawsuit alleged DSU failed to provide equal athletic opportunities for women and violated Title IX when it announced plans to eliminate the women's equestrian team.
At the time, the plaintiffs argued women made up nearly 60 percent of the university's undergraduate student body but received less than 44 percent of athletic participation opportunities. The lawsuit claimed the decision to eliminate the equestrian team would further widen that gap and worsen the university's compliance with federal gender-equity laws.
According to court records, DSU had established the women's equestrian team in 2005 as part of efforts to address longstanding Title IX concerns. The university cited budgetary reasons when it announced plans in January 2010 to eliminate the program.
The lawsuit sought to preserve the equestrian team, expand women's athletic opportunities, and require the university to comply with Title IX's equal participation requirements.
The case was resolved later that year through a court-approved consent decree requiring DSU to take steps toward achieving gender equity in athletics.
The litigation continued, however, after the university failed to fully meet those obligations, according to court records. In 2022, the court approved a revised consent decree after determining DSU had not achieved the required level of female athletic participation.
Now, new court filings submitted in 2026 show both sides are asking the court to approve a second revised consent decree.
According to the filings, DSU is close to meeting participation targets established under the 2022 agreement but has not yet fulfilled a requirement to add a second new women's varsity sport by the start of the 2026-27 academic year.
Under the new proposed agreement, the university would receive an additional year to add the team, requiring it to be operational by the beginning of the 2027-28 academic year.
The proposed decree would also continue efforts to increase the ratio of female-to-male varsity athletes to 60-40. If the university fails to meet that benchmark by the end of the 2027-28 academic year, the agreement could be extended and additional women's varsity teams may be required.
Attorneys for both the plaintiffs and the university told the court the proposed revisions are less extensive than previous changes approved in 2022 and remain in the best interests of the class of current and future female students covered by the lawsuit.
A fairness hearing was held Tuesday afternoon before U.S. District Judge Gregory B. Williams to determine whether the proposed second revised consent decree should receive final approval. Williams ultimately granted a preliminary approval of the revised consent decree and scheduled a final approval hearing on Nov. 17, 2026.
WBOC reached out to DSU for comment on this story but did not receive an immediate response.
