The battle over the cutting of ten sports at JMU is headed to federal court.

A group called Equity in Athletics has filed a lawsuit against the US Department of Education over Title Nine compliance which prohibits gender-based discrimination in athletics.

The lawsuit claims that the Department of Education changed the compliance test, from "equal opportunity" to one of "equal participation."

JMU says it must cut the sports to come into compliance with Title Nine, but the group wants JMU to withhold its planned cuts until the lawsuit is resolved.

"We know that JMU has gone on record in saying that they want to do the right thing. We feel the right thing shouldn't be harmful to the affected student-athletes," says John Licata the President of EIA.