Eric Washington is a learning disabled student at Central Catholic High School in Lafayette, Indiana.
Despite his long history of academic problems, he was allowed to advance to high school. During
Washington's freshman year in high school (1996-97), a school counselor suggested that he drop out
because he was having severe difficulty with his schoolwork.
In the summer of 1997, Washington was playing in a three on three-basketball tournament when the
Central Catholic coach, Chad Dunwoody, noticed his outstanding ability. Dunwoody, who was also a
schoolteacher, convinced Washington to reenroll at Central Catholic. Dunwoody began serving as
Washington's academic counselor and suggested that Washington be tested for learning disabilities
even though prior tests failed to indicate any disabilities. Results of new tests indicated that
Washington does have a learning disability.
The Indiana High School Athletic Association (IHSAA) has a rule limiting athletic eligibility to
eight semesters following the student's commencement of the ninth grade. This rule was implemented
to discourage coaches from red shirting their players and to promote competitive equality and student
safety.
Washington applied for a waiver of the eight-semester rule under an IHSAA rule providing that the
eight semester rule can be waived if a student withdraws completely from school due to an injury
and receives no academic credit during that time. Washington also relied on a the hardship rule
allowing the IHSAA to avoid strict construction of its bylaws if such enforcement would promote
undue hardship in a particular case. The IHSAA denied Washington's request for a waiver.
Washington then filed suit against IHSAA alleging violations of § 504 of the Rehabilitation Act,
29 U.S.C. § 794 (a) and Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132.
Both acts require reasonable modifications of a program or activity for the disabled if such
modifications would not fundamentally alter the overall purpose of the subject activity.
The trial court held that a waiver of the eight-semester rule in Washington's case would be a
reasonable modification because such a waiver would not conflict with the rule's purposes. The
IHSAA's primary goal is to enhance education through athletics participation. The court ruled
that failing to accommodate Washington would contravene this goal. The court of appeals affirmed
this decision and held that the potential harm to the IHSAA would be insignificant if this rule
is waived for Washington.
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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.
