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?

Accepted Answer

Goss v. Lopez (1975) established that students have a property interest in their education, therefore giving them a right to procedural due process. This means that before a student can be removed from school or face disciplinary action, they have the right to a hearing and other safeguards to protect their rights. The other options (A, B, and D) do not pertain to the same issue of students' rights to due process in education.

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:

Accepted Answer

State action refers to any action that can be attributed to the state, whether directly or indirectly through its components or employees. This includes actions taken by local, state, or federal government that have an impact on individuals' constitutional rights.

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:

Accepted Answer

The Equity in Athletics Disclosure Act (EADA) requires universities receiving federal financial aid and with intercollegiate athletics programs to submit an annual report containing information on graduation rates, athletic scholarships, participation opportunities, finances and coaches' gender and salaries. This act was enacted to promote gender equity and provide transparency in college athletics programs.

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?

Accepted Answer

Treating a person or group of people differently based on their race or national origin is a form of discrimination and is considered a suspect classification. This type of classification receives strict scrutiny from the courts to ensure that it is necessary to achieve a compelling government interest.

Question 5

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

Accepted Answer

Strict scrutiny is the highest level of judicial scrutiny applied to a governmental action to determine its constitutionality. It requires that the governmental restraint or infringement must be "necessary" to achieve a "compelling" government interest. This means that the government must have a very compelling reason for its action, and the action must be the only way to achieve that goal.

Question 6

The Public Function Theory refers to:

Accepted Answer

The Public Function Theory is a theory of establishing state action based on whether the activities of a private party are that which are ordinarily done by the government. This theory holds that certain private entities may be considered state actors if they perform functions that have traditionally and exclusively been performed by the government.

Question 7

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

Accepted Answer

In NCAA v. Tarkanian (1988), the Supreme Court ruled that the NCAA is not considered a state actor but a private, voluntary organization, thus not subject to the constitutional due process requirements that would apply to governmental entities.

Question 8

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

Accepted Answer

The NCAA is not exempt from following the Americans with Disabilities Act (ADA) based on whether or not they receive federal funding. The ADA applies to private entities that provide public accommodations, regardless of whether they receive federal funding or not.

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.

Accepted Answer

This is generally true. State high school athletics associations are usually granted authority by the state legislature or through legal rulings.

Question 10

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

Accepted Answer

High school athletics associations are often considered state actors because they typically receive public funding and are involved in public education, which subjects them to constitutional scrutiny.

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.

Accepted Answer

Courts have a policy of deference to academic institutions' decisions, especially when it comes to academic matters such as grading, course content, and discipline. Unless there is proof that the institution acted arbitrarily, capriciously, or violated its own policies, the court is not likely to intervene.

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.

Accepted Answer

In Bloom v. NCAA, the court did not find the NCAA's actions arbitrary and capricious; instead, it upheld the NCAA's decision, agreeing that the NCAA could enforce its rules prohibiting student-athletes from accepting endorsement money to maintain its amateurism standards. Jeremy Bloom, a college football player and Olympic skier, had sought a waiver to accept ski endorsements while playing college football, but the NCAA denied his request, and the court sided with the NCAA.

Question 13

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

Accepted Answer

The answer of Explain the difference between substantive and procedural...

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.

Accepted Answer

The answer of Evaluate if the following scenario would give...

Quiz 11: Governance Issues in High School and College Athletics