A federal judge has spiked a big procedural play by University of Oregon women’s beach volleyball players and club rowers, refusing to let their Title IX lawsuit move forward as a class action even as the school presses ahead with a new on-campus facility.
U.S. District Judge Michael McShane issued his order on May 28, 2026, denying class certification and shrinking the potential scope of relief to the athletes who are already named in the suit. The ruling lands while construction is underway on a new beach volleyball complex at UO.
What the judge said
McShane turned down multiple proposed classes, including equal-treatment and benefits, financial-aid damages, and effective-accommodation groups. In his written decision, he concluded that “Plaintiffs have not shown that they are typical representatives of their classes.” The opinion and order, filed May 28, 2026, is available on Justia.
The judge also left the door cracked for a narrower approach, noting that the court could consider more limited injunctive-relief classes later if the plaintiffs first win on the merits.
Why certification failed
McShane’s ruling leaned heavily on differences among the individual athletes and sports involved. He cited the “emerging” status of women’s beach volleyball as an NCAA sport and flagged the plaintiffs’ reliance on comparisons to Oregon’s revenue-heavy football program as a problem for class treatment.
Those differences, he wrote, weakened the predominance of common questions that federal rules require before a case can proceed as a class action. Legal observers note that these kinds of individualized issues often trip up Title IX class bids when alleged harms vary by athlete and team. The College Sports Litigation Tracker highlighted the May 28 order and the steep hill the athletes still face in showing that shared legal questions outweigh those individual variations.
UO building 'Duck Dunes' while the case moves forward
Off the court, the University of Oregon is busy reshaping the literal playing field. The Board of Trustees has approved the official name “Duck Dunes” for a new on-campus beach volleyball facility and reported that construction is well underway at the corner of Agate Street and 13th Avenue.
The naming resolution and construction details, including planned courts, sand sourcing, and dedicated locker-room space, are laid out by the University of Oregon Board of Trustees. The project goes straight to one of the lawsuit’s core allegations: that the women’s beach volleyball program lacked a permanent, properly funded home.
Appeal and the plaintiffs' response
The 32 current and former athletes behind the case say they are not backing down. The group of beach volleyball players and club rowers plans to appeal the denial of class certification, and their attorneys are openly criticizing the ruling.
Co-lead counsel Arthur H. Bryant told OregonLive by email that “we believe the district court’s order was wrong and is contrary to well-established principles of law.”
The original complaint, filed in December 2023, names 32 athletes and accuses the university of violating Title IX by failing to provide equitable scholarships, facilities, and support for women athletes. Those filings are summarized by the Civil Rights Litigation Clearinghouse.
What this means going forward
McShane’s order narrows the litigation but does not end it. The named plaintiffs’ Title IX claims remain very much alive, with discovery, additional motions, and now a likely appeal still ahead.
In his written decision, available on Justia, the judge emphasized that the question of more limited class relief could be revisited after the merits of the case are resolved.
Observers say the ruling is another reminder of how federal courts try to balance individualized proof against the efficiency of class actions in college sports disputes. The case is expected to be closely watched not only for what it means for resource allocation in women’s athletics, but also for how those issues intersect with the modern NIL and college-sports landscape, according to the College Sports Litigation Tracker.
