Marshall faces lawsuit after swim team’s cut

March 10, 2026 The Parthenon

A lawsuit has been filed against Marshall University following the school’s decision to eliminate its Women’s Swimming & Diving
program, escalating a growing controversy surrounding the move.

The university confirmed Tuesday, March 10, it has been notified of recent legal action related to the decision. In a statement released by Marshall Athletics, the university acknowledged the filing and said it would respond through the appropriate
legal process.

The class-action lawsuit, which claims 15 members of the team as plaintiffs, was filed with the U.S. District Court in Huntington.

University officials stated the decision to discontinue the program was made after reviewing several structural factors, including Title IX participation opportunities, long-term financial sustainability and facility needs required to maintain a competitive Division I program.

President Brad D. Smith said the decision was the result of careful evaluation while Gerald J. Harrison, the vice president
and director of athletics, said a financial review found the program was not sustainable at the level necessary to continue it.

Because the case is in litigation, the university said it would not provide further comment.

The lawsuit comes after weeks of pushback from alumni, athletes and community members who say the decision came without warning and without exploring potential alternatives.

Lauren Hunter, former Marshall diver from 2009 -2013, said many alumni first learned the program had been cut through
social media reports rather than directly from the university.

“We saw a tweet saying Marshall was cutting the program, and everyone started texting each other asking if it was true,” Hunter said. “Nobody had answers.”

Hunter said the news spread quickly among former athletes, prompting alumni to reach out to each other and begin contacting university leadership for clarification.

“Immediately, people were posting, sharing and trying to figure out if anyone had heard anything,” Hunter said. “We pretty quickly started emailing asking what was going on and what we could do.”

According to Hunter, alumni contacted Smith and Harrison in hopes of gaining a clearer understanding of the reasoning behind the decision.

“We got thoughtful responses, but they didn’t really answer questions about the numbers of the programs,” Hunter said. “It
was more general statements saying the university had taken a lot of time in the decision.”

For many former athletes, Hunter said the way current team members were informed about the decision was especially difficult to hear.

“It was so hard to imagine not only for them but even as alumni to hear how the girls were told,” she said.

Despite learning that their program had been cut, Hunter said the team continued to show up for the community. According to Hunter, members of the team still volunteered at the Sweetheart Clinic in Huntington, an annual event that introduces young girls to athletics and allows them to interact with Marshall athletes.

“They were cut right before this and still showed up to volunteer,” Hunter said. “They went anyway and showed up for the young girls even though they were going through one of the most devastating things that could happen to them.”

As questions surrounding the decision grew, Hunter said alumni began examining the information released by the university and organizing to advocate for the program.

“We have accountants, alumni and professionals who are willing to dig into the numbers and fully understand them,” Hunter said. “What we’re really looking for is transparency.”

Hunter also raised concerns about a lack of fundraising outreach to alumni before the decision was made.

“As an alum in my 30s, I’ve never once heard from Swimming & Diving about fundraising,” Hunter said. “I get contacted by other Marshall programs constantly but never Swimming & Diving.”

She believes there may be significant untapped fundraising potential among alumni that was never explored.

“There was never any sort of distress signal saying the program was in danger,” Hunter said.

Despite frustrations, Hunter emphasized alumni hope to work with the university rather than against it.

“Our goal is to work with Marshall to keep Swimming & Diving,” Hunter said. “We want to be their solution.”

The law firm representing the plaintiffs, Bailey & Glasser, LLP, said the lawsuit was filed to challenge the university’s decision and protect opportunities for female student athletes.

In a statement on social media, the firm said the legal action seeks to prevent the elimination of the program and ensure compliance with federal protections for women’s athletics.

“Marshall’s decision to eliminate Women’s Swimming & Diving raises serious concerns regarding Title IX and the opportunities available to female student athletes,” the firm said in its statement.

The lawsuit requests the court issue a temporary restraining order and injunction that would stop the university from moving forward with the program’s elimination while the case is reviewed.

The announcement of legal action represents the latest step in a growing movement aimed at saving the program.

Since the announcement, alumni and community members have organized petitions, social media campaigns and outreach efforts calling for the decision to be reconsidered.

Hunter said the response has united generations of Marshall athletes.

“People from different walks of life have come back together because of this,” Hunter said. “At first, we thought it was just over; now, we feel like we might have a fighting chance.”

The case will move through the court system as both sides prepare their arguments.

Marshall officials say they will address the claims through the judicial process as the situation continues to unfold.