Discrimination Against the Disabled in Athletics

SCHOOL ATHLETIC CONFERENCES AND THE NCAA

This research paper examines the extent of legal protection presently afforded to disabled persons involved in high school and college athletics. The primary focus is upon amateur athletics but cases in the field of professional sports are mentioned where they provide relevant precedents for amateur athletics.

The legal protection afforded disabled persons generally and in sports has been considerably expanded during the past two decades, primarily as a result of the enactment of two federal statutes, the Rehabilitation Act of 1973 (RA) and the Americans with Disabilities Act of 1993 (ADA). Through the interpretations made by the courts, primarily federal courts, as to the scope and meaning of these statutes, regulations issued thereunder, and companion state laws, the discretion of athletic officials at all levels in dealing with disabled persons has been greatly affected and substantially narrowed. However, in the principal areas in dispute between the disabled and those with authority over them in sports, eligibility, employment and accessibility, less than sure guidance can be gleaned from the burgeoning case law as to the rights, duties and equities of the parties involved.

Changing Legal Approaches to the Disabled in Athletics

Traditionally, disabled student athletes, like other disabled persons in America, had few, if any, legal rights, because society rega

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ntiff status as a disabled person and the opportunity to take remedial courses but the Court found at 247 that the school "knew or should have known of [Hoot's] disability" which the Court said raised a material issue of fact as to whether the application by MHSAA of the semester hour eligibility requirement and its refusal to grant him a waiver violated his constitutional rights and ADA. Accordingly, the defendants' motion for summary judgment was denied. Therefore, a school eligibility rule which is neutral on its face and applies to all students can nonetheless constitute a violation of RA and Title II of ADA if it is applied in a discriminatory manner. In accord, Rhodes v. Ohio High School Athletic Association, 939 F. Supp. 584 (N.D.Ohio 1996). Core Curriculum and Other Academic Requirements at the College Level The NCAA administers through its Initial Eligibility Clearinghouse for its college and university members a program which is designed to ensure that all students who participate in athletics meet certain minimum academic standards. These standards include completing 13 core courses before reaching college and passing standard tests designed to show proficiency in such courses. Under NCAA's by laws, certain reme
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Approximate Word count = 7058
Approximate Pages = 28 (250 words per page)

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