Sean Tollison came to UNM three years on a swimming scholarship, anxious and thrilled by the prospect of competing in his hometown. Now Tollison has no team, no scholarship and his only connection to swimming is through coaching.
Tollison is one of 56 male athletes on the swimming, wrestling and gymnastic teams that were cut by the UNM Athletic Department in March of 1999 to deal with budget constraints, field competitive sports in the newly-formed Mountain West Conference and come closer to complying with U.S. Department of Education equity laws - better known as Title IX.
When the sports were cut, Athletic Director Rudy Davalos said nothing could be done to save the programs, but promised that the University would look after the athletes, help them transfer to other programs and honor their scholarships through their fourth year at UNM if they decided to stay.
In the fall of 1999, Tollison said he and his peers were told they had to work for the Athletic Department to retain their scholarships. Some athletes were assigned to clean the weight room after the football team used the facility. Others were assigned to answer phones and other clerical work for Athletic Department administrators.
Tollison tried to transfer to the University of Denver, but couldn't get enough financial aid in time to attend the school. When he returned for his sophomore year after one season of Division I swimming competition, he was sent to film other teams' games and practices.
"I didn't mind the work really, but it just didn't seem right because I came here to swim," he said. "It's a really relaxed system and a lot of people just don't go to their jobs. My boss felt bad for me, so he started paying me through student employment."
Associate Athletic Director Bill McGillis said that federal law precluded him from speaking specifically about Tollison's case, but added that the University has done more than other schools to help its current and former athletes.
"Schools like New Mexico State University just killed the scholarships when the sports were cut," he said. "When we said the scholarships would be honored, we meant it, but we had not yet figured out the best way to do it."
McGillis said the summer after it cut the sports teams the Athletic Department decided the best way to handle the situation was to move the former athletes under the umbrella of the University's fifth-year program, which was designed for student athletes who have used their four years of eligibility in their sports but still need less than 30 credit hours to graduate.
He said it is a common program used nationally to make sure athletes retain their scholarships while finishing their education.
"As far I know, while it is not on the scholarship agreement, which I would not characterize as a contract, the students were all made aware of requirements they needed to fulfill to keep their scholarship," McGillis said. "The program is very relaxed. We work around students' schedule - both for school and other jobs. We want them to know they are welcome and that we are willing to work with them."
As his junior year approached, Tollison decided not to participate in the program because he had enough on his hands between school and his jobs as an assistant coach for the Sandia High School swim team and a coach at a local swim club.
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"I basically just told the Athletic Department that I wasn't going to work anymore because I didn't think it was right," Tollison said. "I talked it over with my parents, and since I only received a $1,000 stipend for housing because of my UNM academic scholarship, we decided it would be the right thing to do. I had the luxury of being able to stand up for something I think is wrong."
Tollison said associate athletic director Janice Ruggiero, who supervised his scholarship, cancelled his athletic aid because of his decision not to work. Tollison then filed an appeal with the financial aid office and was granted an appeal hearing in November.
"I basically wanted to fight this issue on behalf of myself and all the other athletes who are still here from out-of-state and can't afford to speak up," he said.
The crux of Tollison's argument in his appeal was that he signed a year-long contract at the beginning of the fall semester that stated that the conditions of his aid were maintaining his academic eligibility in compliance with the University and athletic conference standards, obeying the University and athletic codes of conduct and fulfilling his duties on the UNM swim team.
"It never said on any of my contracts that I renewed that I had to work for the department," he said. "I came here and was ready to swim. That was my end of the bargain that I lived up to - they just didn't live up to theirs, and we're being punished for it."
Tollison said the Athletic Department argued that it was accommodating the former athletes with a relaxed work schedule, but could not allow them to keep their scholarships for free.
The Athletic Scholarship Appeal Committee - comprising Financial Aid Director Ronald Martinez, Financial Aid Manager Shelley Pickett, Admissions Director Cynthia Stuart and Committee Chairperson Marjorie Hepple - denied Tollison's appeal.
"It was the decision of the committee that the reduction of your athletic aid to fall only for the 2000-2001 academic year would not be upheld," the decision stated. "The committee felt that even though the Athletic Department did not provide good communication of their expectations, it appeared that you understood the expectations since you complied with the requirements last year. They further felt that the minimal requirements expected in lieu of participating in a discontinued sport was reasonable and acceptable."
Tollison said he was not happy that he was only allowed an adviser at the meeting who could not even speak to the committee. He added that he wasn't surprised by the decision.
"I expected it, and I wasn't too distraught when I got the news, but I did still have a little hope left at the time," he said. "I was a little upset that this was one of my last chances to change things through UNM and it fell through. I felt failed by the system."
Now Tollison is turning his attention back to school and is looking into graduate programs where he can blend his psychology studies and affinity for sports.
"I am not sure whether I'll try to take this appeal any further or whether I can go anywhere from here," he said. "I just know that what the Athletic Department wants from us sounds absurd to me, and I am glad I fought it."
