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

Accepted Answer

The 14th Amendment, through the Equal Protection Clause, can be invoked if a law or policy discriminates against a person's choice in dress or grooming. The 1st Amendment protects freedom of expression, which can include dress and grooming as forms of personal expression.

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

Accepted Answer

The majority rule, as stated in the question, holds that college athletes do not have a protected liberty or property interest that generates a right to participate in school athletics. This means that they may not have a constitutional right to due process in disciplinary proceedings related to their participation in athletics. It does not necessarily mean they do not have other legal or contractual protections.

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.

Accepted Answer

The "Contact Sport Exception" of Title IX states that 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. Therefore, choice B is the correct answer. Choice A is not entirely true, as schools are not required to offer contact sports for both sexes, but they must provide equal opportunities for sports participation. Choice C is also not true, as contact sports are not exempt from Title IX.

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.

Accepted Answer

The court in Jennings did not establish that the harasser must be an authority figure, such as a coach or administrator, as a required element for a plaintiff to establish a sexual harassment claim under Title IX. Rather, any person who is part of the educational institution can be held liable for sexual harassment under Title IX. The other three elements listed (harassment based on sex, sufficiently severe or pervasive to create a hostile environment, and being a student at an educational institution receiving federal funds) are all required elements established by the court in Jennings.

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.

Accepted Answer

The "Lemon Test" evaluates government conduct for Establishment Clause violations based on three criteria: secular purpose, primary effect not advancing/inhibiting religion, and no excessive government entanglement with religion. Coercion to support/participate in religion is not a criterion of the Lemon Test, but rather a different aspect of Establishment Clause jurisprudence.

Question 6

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

Accepted Answer

The answer of In DeLaTorre v. Minnesota State High School...

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

Accepted Answer

The Supreme Court ruled that the school district's policy allowing student-led prayer before football games was unconstitutional as it violated the Establishment Clause. The Court held that such prayers were not truly voluntary as they were sponsored by the school and therefore constituted state-sponsored religious activity.

Question 8

Title VI prohibits discrimination based on race at educational institutions.

Accepted Answer

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving federal financial assistance, including 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.

Accepted Answer

The court in Dennin stated that allowing a 19-year old with Down's Syndrome to swim would not undermine the competitive advantage purpose of the CIAC age-limit rule.

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.

Accepted Answer

This is the correct statement of the first prong of the three-part test for compliance with Title IX relative to participation opportunities.

Question 11

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

Accepted Answer

The answer of Compare and contrast the application of "balancing...

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?

Accepted Answer

The answer of According to the court in V.A. v....

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?

Accepted Answer

The answer of In Kempf v. MHSAA, a deaf high...

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.

Accepted Answer

The answer of In terms of college athletics, name and...

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

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

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 __________.

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

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?

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