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League Commissioner
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Independent leader of internal affairs, authority is contractual, broad authority to act in league best interest, authority derived from constitution of league
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Disciplinary Authority of Commissioner
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Must provide due process to sanctioned party, must provide notice of allegations, must follow procedural safeguards, absent league rules must be established that satisfy due process minimums
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Participation in High School Sports is _______
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A privilege, not a right
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High school sports is regulated by _____ entities and youth sports are regulated by ______ entities
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state/public, private
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3 Groups of High School Athletic Regulation
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State School Associations, Conferences, Local school boards/officials
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State-Actor
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The government.
EWU is a state-actor (follows own rules AND governmental rule)
EWU is a state-actor (follows own rules AND governmental rule)
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Private-actor
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not government regulated. GU is a private-actor
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3 Levels of Judicial Scrutiny
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Strict Scrutiny, Intermediate Scrutiny, Rational Basis
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Strict Scrutiny
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Fundamental right or suspect class affect (race or country of origin). Law must be necessary to achieve compelling gov. interest
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Intermediate Scrutiny
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Gender and legitimacy. Law must be substantially related to important government interest
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Rational Basis
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All other groups. Law must be reasonably related to legitimate gov. interest
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Courts will not intervene unless rule is:
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Arbitrary and capricious, violating a federal or state statute, violating a constitutional law provision, violating public policy
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Outside Competition Rules
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Broad authority to create outside comp rule prohibiting participation in comp. club sports as a condition to participate in interscholastic sports. Courts deferential to athletic governing bodies regarding such
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Good Conduct Rules
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Lots of latitude in creation of rules that discipline and sanction based on bad conduct. Courts deferential on such matters as well
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Age Rules
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To limit older, stronger and more physical participants. Courts also been deferential
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Elements of Referee Judicial Review
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No precedent allowing court to fix on field mistake, replay not fair because condition of game is not replicated
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Two Key NCAA Principlez
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Key purpose is to maintain intercollegiate athletics as integral part of education + participation in NCAA sports should be limited to those motivated by education and mental/social/physical benefits
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Competing Interests in NCAA
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Commercialism (revenue), amateurism, safety of athletes, pressure to win in revenue-generating sports
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NCAA is ______ state-actor? Which means?
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(NOT A). Meaning they are a private organization and are not constitutionally required to provide due process nor barred from denying equal protection
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Promise vs. Contract
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Promise: A commitment to do something in future. Mere promise is not legally enforceableContract: An agreement, oral or written, that can be enforced in court. 3 elements (offer, acceptance, consideration)