Deck 11: Governance Issues in High School and College Athletics

Question 1

Which Supreme Court case established that people have a property interest in their education, therefore giving them a right to procedural due process?

A) NCAA v. Tarkanian
B) Brentwood Academy v. Tennessee Secondary School
C) Goss v. Lopez
D) Taylor v. Enumclaw School District

Answer 1

C

Question 2

Any action that is fairly attributable to the state, either directly or indirectly by local, state or federal government, or any of its components or employees is:

A) Risk management
B) Unlawful search and seizure
C) State action
D) Nexus/entanglement

Answer 2

C

Question 3

University athletics programs are required to submit an annual report containing information on graduation rates, athletic scholarships, participation opportunities, finances and coaches' gender and salaries based on the following federal act:

A) Sherman Anti-Trust Act
B) Equity in Athletics Disclosure Act (EADA)
C) The Americans with Disabilities Act (ADA)
D) The Due Process Clause of the Constitution

Answer 3

B

Question 4

Treating a person or group of people differently from another group based on their race or national origin is which type of classification?

A) Non-suspect classification
B) Quasi-suspect classification
C) Irrational classification
D) Suspect classification

Question 5

Strict scrutiny requires that in order for the governmental restraint or infringement to be constitutional it must be…

A) "substantially related" to an "important" government interest
B) "substantially related" to a "compelling" government interest
C) "necessary" to achieve a "legitimate" government interest
D) "necessary" to achieve a "compelling" government interest

Question 6

The Public Function Theory refers to:

A) A theory of establishing state action based on whether a state's involvement is so entwined with a private actor's conduct so as to make them a state actor
B) A theory of establishing state action based on whether the activities of a private party are that which are ordinarily done by the government
C) A theory of establishing state action based on the Supreme Court ruling that the NCAA is a state actor
D) A theory of establishing state action based on procedural due process of law

Question 7

The Supreme Court determined the NCAA to be a state actor in NCAA v. Tarkanian.

Question 8

The NCAA need not follow the Americans with Disabilities Act based on the fact the NCAA does not receive federal funding.

Question 9

Authority to govern interscholastic athletics within a state is typically granted to the state high school athletics association by the state legislature or by judicial decision.

Question 10

The courts have traditionally not viewed high school athletics associations as state actors for purposes of deciding constitutional rights claims.

Question 11

Courts typically defer to educational institutions' decisions regarding academic issues unless the decision was arbitrary and capricious or a violation of the institution's own policies.

Question 12

In Bloom v. NCAA, the court found that the NCAA had been arbitrary and capricious in denying Bloom's request for a waiver of its rules prohibiting student-athletes from accepting endorsement money.

Question 13

Explain the difference between substantive and procedural due process, and what is typically required to meet minimum procedural due process standards?

Question 14

Evaluate if the following scenario would give rise to a proper constitutional claim, based on the factors required to bring a constitutional claim. Conclude as to whether or not you think the claim would be successful.
A high school coach and teacher wants to bring a constitutional claim against their employer (a public high school) claiming a violation of his Constitutional rights when the school passed a policy requiring coaches to deactivate all personal social media accounts during their athletic seasons.