As a result of Bowers and several other cases, the NCAA made some
initial rules changes in 1997 - (1) learning disabled students would be able to apply for
waivers on their own without leaving an NCAA school as was necessary in the past; (2) by
March 1, 1997, high schools were to begin filling out forms designating classes for
disabled student-athletes allowing the NCAA to have a list before any appeals were filed;
(3) students would be certified as learning disabled before they graduate from high
school; and (4) learning disabled student-athletes would be able to take summer courses
after their senior year that will be counted toward their NCAA eligibility.
Even with these changes, by October of 1997, the Justice Department sent
a letter to the NCAA stating that "'several aspects' of the
organization's initial eligibility requirements violate Title III of the ADA,"
and finding "the NCAA's application of academic standards in regard to
learning-disabled student-athletes as too 'rigid'. . .[while] recommend[ing]
'remedies' that could head off legal action." The Department pointed to the
fact that the NCAA excludes many courses from the "core course" requirement that
are designed to accommodate students with learning disabilities, and that the waiver
process is "fundamentally flawed" leaving learning disabled student-athletes at
a disadvantage. The Department also noted that even in cases where disabled
student-athletes are given "partial qualifier" status, the restrictions on these
student-athletes (not being allowed to practice and losing a year of eligibility) were too
great.
In conclusion, the Department stated that "modifications in several
NCAA policies are necessary, that reasonable modifications are available, and that these
modifications would not fundamentally alter the nature of the NCAA's program."
As a result of this letter and various other complaints, the Justice
Department brought the NCAA to court in the District of Columbia. In its complaint the
Department raised several allegations against the NCAA based on its violations of Title
III of the ADA. First, the Department alleged that the NCAA's eligibility criteria
for entering student-athletes, "screen out or tend to screen out individuals with
disabilities from fully and equally enjoying the goods, services, facilities, privileges,
advantages or accommodations that it offers," in violation of Title III. Second, the
Department alleged that the NCAA failed to make up for this behavior through reasonable
modifications of its policies. Third, the Department alleged that the NCAA's policies
denied students with learning disabilities an opportunity to benefit from the services it
offers. Finally, the Department alleged that the services provided to these disabled
individuals are not equal to or are separate from those afforded to students without
disabilities. Throughout its allegations the Department stated that all of this conduct
demonstrated a pattern and practice of discrimination against learning disabled
student-athletes.
As a resolution to this dispute, and in order to avoid the delay and
costs of a trial, the NCAA and the Department entered into a Consent Decree in May of
1998. Under the Decree the NCAA agreed to undertake five changes:
1) The NCAA will now certify classes designed for student-athletes with
disabilities as "core courses" if they provide them with the same type of
"knowledge and skills as other college-bound students,"
2) Learning disabled student-athletes can now earn back their lost year
of eligibility if they can demonstrate that they can make substantial progress toward
academic success,
3) The NCAA will now include experts on disabilities when evaluating
waiver requests and will review the student-athlete's high school preparation and
performance when making a decision,
4) The NCAA will now designate an ADA Compliance Officer who will assist
the staff and serve as a liaison to students, &
5) The NCAA agreed to pay a total of $ 35,000.00 to four disabled
student-athletes who had been adversely affected by the old rules.
The NCAA made it clear that it voluntarily entered into this Decree and
did not waive its position that it was not a place of public accommodation as defined
under Title III of the ADA. Therefore, the NCAA still claimed that it was not amenable to
suit under Title III.
Top of Page
You Make the Call. . . Index
"You Make The Call..." is a newsletter published four times per year (spring,
summer, fall, winter) by the National Sports Law Institute of Marquette University Law
School, PO Box 1881, Milwaukee, Wisconsin, 53201-1881. (414) 288-5815, fax (414) 288-5818,
munsli@vms.csd.mu.edu. (www.marquette.edu/law/sports/call.html).
This publication is distributed via fax and email to individuals in the sports field upon
request.
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Editorial Staff:
Paul M. Anderson, Editor & Designer
Kirsten Hauser, Associate Editor
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Copyright © 1999 -- All rights reserved.
