Deck 12: Regulation of Participation and Athlete Rights in High School and College Athletics

Question 1

Freedom of expression in dress and grooming can likely be challenged under which of the following Amendments?

A) 14th Amendment
B) 4th Amendment
C) 1st Amendment
D) A and C
E) All of the above

Answer 1

D

Question 2

If a college athlete sues her public university claiming a Due Process Clause violation in the way a disciplinary proceeding was implemented, the majority rule that the court is likely to apply holds that student-athletes __________.

A) Have a protected property interest in future earning potential
B) Do not have a protected liberty or property interest that generates a right to participate in school athletics
C) Do not possess constitutional rights to education
D) Should sue the NCAA for the due process violations, not the university

Answer 2

B

Question 3

Which of the following is true about the "Contact Sport Exception" of Title IX?

A) Schools must offer contact sports for both sexes.
B) If a particular sport is offered to one sex but not the other, persons of the excluded sex must be allowed to try out for the existing team, unless the sport is a contact sport.
C) Contact sports are exempt from Title IX.
D) None of the above.

Answer 3

B

Question 4

According to the court in Jennings, which of the following is NOT a required element for a plaintiff to establish a sexual harassment claim under Title IX?

A) Plaintiff was subjected to harassment based on sex.
B) The harassment was sufficiently severe or pervasive to create a hostile (or abusive) environment in an educational program or activity.
C) The harasser must be an authority figure, such as a coach or administrator.
D) Plaintiff was a student at an educational institution receiving federal funds.

Question 5

In terms of violations of the Establishment Clause, which of the following is NOT true about the government's conduct under "Lemon Test?"

A) The government conduct lacks a secular purpose.
B) The government conduct has the primary effect of advancing or inhibiting religion.
C) The government's conduct has the effect of coercing someone to support or participate in religion.
D) The government's conduct fosters an excessive government entanglement with religion.

Question 6

In DeLaTorre v. Minnesota State High School League, the transferring student-athlete was not afforded Due Process.

Question 7

In the Santa Fe v. Doe pre-game prayer case, the Supreme Court upheld, as constitutional under the Establishment Clause, a school district's policy permitting students to vote on whether an "invocation and/or message" should be delivered (and by which student) over the public address system before football games

Question 8

Title VI prohibits discrimination based on race at educational institutions.

Question 9

According to the court in Dennin, the competitive advantage purpose of the CIAC age-limit rule would not be undermined by allowing a 19-year old with Down's Syndrome to swim.

Question 10

The first prong of the three-part test for compliance with Title IX relative to participation opportunities is: participation opportunities for female athletes should be provided in substantial proportion to the percentage of female students included among the full-time undergraduate student body i.e. if 52% of the UG student body are female, then 52% of participation opportunities should be provided to female athletes.

Question 11

Compare and contrast the application of "balancing tests" in Derdyn and Vernonia. How do you explain the different results?

Question 12

According to the court in V.A. v. San Pasqual Valley Unified School District, kneeling for the national anthem cannot be banned via a school policy (per the standard in Tinker). Do you agree? Why or why not?

Question 13

In Kempf v. MHSAA, a deaf high school wrestler requested 360-degree access to an interpreter while wrestling - do you consider this to be a reasonable accommodation? Why or why not?

Question 14

In terms of college athletics, name and explain the three areas of Title IX compliance. And then, in which areas was Adrian College deemed to be deficient? Eastern Michigan University? Explain.