In an "unusual" case, Title IX was invoked to justify a school's decision to upgrade its football program from Division I FCS (formerly I‑AA) to Division I FBS (formerly I‑A). The Western Kentucky University Board of Regents approved this move in November 2006, to take effect in 2009.  At the time of the vote, WKU was purportedly out of Title IX compliance because it had a disproportionately large number of female scholarship athletes. By upgrading football, it increased the percentage of male athletes on scholarship.  However, the following year, it eliminated its men's soccer team.