Marshall University Athletics

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Marshall University issues statement regarding recent legal action

3/10/2026 9:05:00 AM | General

Statement in response to lawsuit involving discontinuation of Marshall Swim & Dive

HUNTINGTON, W.Va. - Marshall University acknowledges the recent temporary restraining order request and request for a temporary injunction filed in U.S. District Court in regard to the discontinuation of the university's women's swimming and diving program. The university is providing the following information to address the matter publicly.

The university takes all legal matters seriously and is committed to engaging in the judicial process in a transparent and respectful manner. Because this matter involves pending litigation, Marshall will not comment on the specifics of the filing, other than to reiterate the university's previously disclosed position.

Marshall reaffirms that the decision to discontinue the program is in the best interest of the institution as a whole. President Brad D. Smith said that while the decision was difficult, the rationale remains sound and unchanged.

"This decision was driven by three structural considerations: expanded participation opportunities under Title IX, long-term financial sustainability, and the facility and infrastructure requirements necessary to support the program," Smith said. "Our goal is to support our women's swimming and diving student-athletes through this transition and prepare for a new era of expanded opportunities for women athletes at Marshall."

Marshall University Vice President and Director of Athletics Gerald J. Harrison echoed Smith's comments.

"Our months-long financial review of athletic programs at Marshall showed that the swimming and diving program, while successful in the classroom and in the pool, was not sustainable at the level necessary to compete for Division I championships," Harrison said. "This was not an easy decision, but we believe it remains the best option at this time. Our priority remains the well-being of our student-athletes and the trust of the entire Marshall community."

Regarding the legal action, Marshall is reviewing the claims and will respond through the appropriate legal channels.

Marshall has a long-standing tradition of fostering a respectful and supportive environment, and the university remains steadfast in its commitment to providing an exceptional education and serving the community with transparency and care.

For additional information regarding this matter, please view these links: 

Informational FAQ Page

Marshall at the Moment Video

Joint Statement from President Brad D. Smith & VP/Director of Athletics Gerald J. Harrison 

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Media Note: Due to pending legal action, Marshall University and Marshall Athletics will not have any further comment on the matter at this time. 

An online version of this release is available here.  

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