One of the most significant legal issues in collegiate sports stems from discrimination cases. Discrimination cases generally arise from either Title VI of the Civil Rights Act or Title IX of the Education Amendments of 1972.
Title VI (42 U.S.C. º 2000d) was passed as part of the Civil Rights Act of 1964. Title VI prohibits discrimination on ôthe basis of race, color, and national origin in programs and activities receiving federal assistance.ö Title IX (20 U.S.C. ºº 1681-1688), enacted as part of the Education Amendments of 1972, basically extended the protections of Title VI to sex, ôNo person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.ö
The National Collegiate Athletic Association (NCAA) is the regulating body for collegiate sports. The NCAA is an association of 1,200 colleges and universities that ôgoverns college sports, including determining student athletic eligibility, scholarship limits, and academic standards for athletes,ö (Richey, 1999, p. 1). Historically, discrimination lawsuits have been filed against individual colleges or universities by athletes alleging discrimination. Over the past few years, more and more athletes alleging discrimination are also bringing suit against the NCAA. This analysis will discuss the types of discrimination suits being brought against the NCAA, the legal tests athletes and/or the NCAA must meet to prove or disprove discrimination, and various legal interpretations of whether or not the NCAA is bound by discrimination law under Title VI and Title IX.
There have been an increasing number of discrimination lawsuits brought against both colleges and universities and the NCAA. Miles Brand (2003, p. 1), NCAA President, maintains the NCAA is devoted to protecting the rights of athletes under ...