Our resident blogger for Bentley hockey breaks it down a little bit:
http://excalibursportspage.com/2012/11/14/aha-potential-expansion-st-anselm/
Here's how it works:
St. A currently plays as part of a D3 conference, but they cannot take part in the D3 conference tournament or national tournament because they're a D2 team. As a result, they take part in the NE-10 conference tournament that's held with the four or five other teams that actually play a D2 schedule. Since there is no D2 national championship sponsored, any Division 2 school can play up one division as long as its not sponsored (and then be grandfathered in). In essence, if there were no D3, all D3 schools could compete at D2. Because there's no D2, a D2 school can move up without penalty.
No D3 schools can move anymore. The last team allowed was RIT, and the RIT womens team was allowed to jump this year ONLY because the mens team was already moved up to D1. So they're the last team to ever move to D1 from D3.
Because St. A is a D2 program, they can move to D1 without incurring a penalty for Title IX. They are not forced to increase spending or add a women's program, although it's likely the women's team would move to the CHA, which is adminstered by the AHA and is essentially the female's equivalent (there are a number of women's schools in the CHA that compete in AHA like Robert Morris, mercyhurst, and RIT). They would not need to increase money to start the program or add scholarships, since there is no scholarship minimum as part of the AHA. IN fact, RIT does not offer hockey scholarships, and UConn didn't offer them until they announced they would move to Hockey East. Plus there's no scholarships at service academies. So St. A can move without penalty or Title IX threat at all because they dont need to increase spending.
They would not affect scheduling since the replacement for Uconn could play int he eastern scheduling. The two pods (east vs. west) play teams in their own pod three times but play opposing pod teams twice over the same weekend. The only added expense for St. A is travel, which I don't think they're taking note of since it would be a substantial increase. Travel costs do not have an effect on Title IX.