Sports Law Exam Pt.3

What is the rooney rule?

requires teams to interview at least two minority candidates for a position during the hiring process

How many minority candidates must be interviewed under the Rooney Rule?

at least 2

When is a club private?

only if...

- no interstate commerce

- not open to the public

- receives no government funding

- doesn't meet "public" accommodation definition

What aspects does the Court consider to deem a club as private?

membership policies, size of business, admission policies, purpose for exclusivity

What are the two requirements under the 4th amendment in order for someone to search your personal things? What are the exceptions when these requirements are not needed?

1. Warrant

2. Probable cause

Exceptions:

1. if you consent to a search

2. emergency situations

-- ie. gun shots in an apartment, police can go in without a warrant

When is a warrant needed?

only needed to search areas where a person has reasonable expectations of privacy

ex. home, backpack, car, etc.

What must a warrant be supported by?

must be supported by probable cause

ie. you can't just randomly get pulled over, there has to be a reason

Why are schools given considerable latitude in conducting searches compared to police officers?

- they act in loco parentis

- it becomes a safety/health issue if they fail to act

What test is used to determine whether a search is valid?

2 prong test

What are the 2 prongs in the 2 prong test?

1. Reasonable in its inception

-- why was it done?

2. Reasonable in scope

-- how was it done

What are the two main issues of drugs in sports?

1. recreational, illegal drug use

2. performance enhancing, ergogenic aids (drug use)

What constitutional rights to people say were violated when talking about drug testing?

- unreasonable search

- due process

-- fails to notify athlete, nor give chance to defend themselves

- testing procedures

- privacy laws

How do you get around the constitutional claims set for against drug testing?

get a consent prior to drug testing

What three reasons would be viable for drug testing to be upheld in court?

1. there was written consent

2. the 2-prong test of reasonableness

3. test was conducted with there was a valid search warrant

How does drug testing look in the NCAA?

NCAA D1 and D2 athletes can be tested...

- randomly throughout the year

- in championship and bowl games

Does the NCAA require member schools implement drug programs?

No, but a majority of schools do implement these programs.

How do the penalties look for athletes who fail a drug test in the NCAA?

fails 2 test = permanently ineligible

fails 1 test = ineligible for an entire season or for atleast 365 days

What is not banned from NCAA (in 2023) or NCAA championships/postseason football bowls (in 2024)?

marijuana/cannabinoids

Who does the 5th amendment apply to?

acts of the federal government

What does the fifth amendment include?

property interest

What is the balancing test in for school's and universities?

weigh the student's privacy interest against government's need for drug testing

What are drug testing program components? (aka. aspects that make drug testing allowed)

1. police statement

2. informed consent

3. identification of banned substances

4. test component

5. sanctions

6. due process considerations

7. confidentiality issues

What is the Civil Rights Restoration Act of 1988?

made entire institution for violating title 9

- only exception is contact sports

What is the equal pay act of 1962?

employers are prohibited from paying unequal wages to employees of the opposite sex for substantial equal work

What does the state of Florida say about transgender women competing in female sports?

They are one of 25 states that ban trans women form competing in female sports.

What are three national governing bodies that have come intro for athletics?

NCAA, FENA, World Athletics

What do you want between equity, equality, and inclusion?

inclusion

What is the purpose of disability related legislation?

- to provide people with disabilities, equal citizenship, and opportunities accessibility

- equity of services

- reasonable accommodation

What does the Individuals with Disabilities in Education Act (IDEA) state?

says each individual with a disability must be provided instruction to meet each of their individual needs

What is the goal of IDEA?

- provide equal opportunity

- integrate students to greatest extent possible

What does IDEA require? Who evaluates it?

requires an individual education program (IEP)

- supplemental aids and services required to allow student participation

evaluated annually by parents and school personnel

What is the main difference between the Rehabilitation Act and IDEA?

IDEA only applies to students up to the age of 21.

Rehabilitation act does not stop at age of 21.

What is the Rehabilitation Act? Who does it apply to?

Act that prohibits discrimination against people with disabilities

applies to federal agencies, entities receiving federal financial assistance (ie. colleges), and rec programs

What does the American Disabilities Act require? Not require?

requires you to make reasonable accommodations which includes modify policies, procedures, and/or facilities

not requires you to create separate, modify existing, or build new facilities to meet standards and criteria of accessibility

What does title 1, 2, 3, and 4 in the ADA talk about?

Title 1 - ppl with disabilities in their employment and when applying

Title 2 - public services/transportation (community youth sports)

Title 3 - prohibits discrimination in places of public accommodation, employment, public services

Title 4 - ppl with hearing or visual limitations, telecommunication

What does "otherwise qualified" mean?

means that you do not have to make accommodations to make an unqualified person qualified

- ex. Martin is clearly not going to make his high school's soccer team if he has a disability in his leg

An accommodation is considered unreasonable if it imposes...

- undue financial burdens

- requires a fundamental alteration in the nature of the job/program/game

- is unsafe to participant/athlete/employee or others

What three things must you prove if you believe you have been discriminated against because of a disability?

1. you have a disability

2. you are qualified for the job

3. you were denied the job because of your disability

Which title in ADA pertains specifically to sports?

Title 3

What is sexual harrasment (4 main points)?

- consists of unwelcome sexual advances

- not desired by employee (victim)

- creates hostile or abusive work environment

- can arise from either verbal or physical conduct

When does a sexual harassment claim often arise?

after an employee has been fired, quits, or claims that she has been constructively discharged from her job

Why is constitutional law typically not applicable to professional sports? (2 reasons)

1. athletes are part of collective bargaining agreements

2.

What type of speech is not protected under freedom of expression clause or 1st amendment?

obscenity

The first amendment includes the right to freedom of speech, freedom of ____________ speech, and form _________________.

symbolic

associations

Where is equal protection and due process found within the amendments?

equal protection = 1st and 14th amendment

due process = 1st, 5th, and 14th

What are the three types of scrutiny?

Strict Scrutiny:

- most rigorous

- action must be necessary

Intermediate Scrutiny:

- actions substantially related to a goal

- gov objectives just have to be important, not necessary/compelling

Rational Basis:

- only have to show legitimate reason ("rational basis") for actions

Explain due process in the contexts of the 5th and 14th ammendments.

Due process in the 5th amendment only applies to federal state actors, but in the 14th amendment it extends to states.

What is the first part of title IX referred to?

Safe Harbor

What is the equity in athletics disclosure act of 1998?

requires all universities that receive federal student aid and have intercollegiate athletic programs to prepare reports that track financial aid, athletic revenues, and other resources

Which prong (3-prong test) do most critics attack title 9?

prong 1

says that # of student athletes has to be proportionate to total student body

Which prong (3 prong test) does UF comply with?

prong 2

- add sports to program to even things out

2 Prong test

1. reasonable in its inception

- why was it done?

2. reasonable in scope

- how was it done?