The first prong of the three-part test, the substantial proportionality test, has come under some fire due to the inequitable nature of the roster size of certain men's sports (football) against the potential roster size of any female sport. Some would argue that men's football should be excluded from the proportionality test because it's inherently unfair to include it for two reasons:

(1) a football team has been allotted up to 85 scholarship spots by the NCAA - significantly more than any female sport and

(2) men's football is one of the few actual profitable sports at the college level.

Consider this as you address the following: What has been the reason for not excluding football from the proportionality test? Argue one of the points below - include in your answer rebuttals to common arguments from the opposing side. football should be excluded from the test football should continue to be included