WEEK 1 DISCUSSION A

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WEEK 1 DISCUSSION A

The United States Constitution is the supreme body of law in the United States, meaning that every law passed by the government—regardless of what level of government—must comply with it. High school athletics administrators consistently implement rules regarding high school athletes to ensure a safe environment for competition and fair play. Must these rules comply with the United States Constitution? This week’s Discussion will consider Constitutional-based claims made by high school athletes in response to the application of rules against them.

Discussion A: Constitutional Law and Social Media

The constitutional law standards we have explored in the Learning Materials related to high school sports also apply to college sports. Recently, some college coaches have been limiting their athletes’ access to social media, and in some cases, have even banned the use of it. The First Amendment to the United States Constitution grants the right to freedom of speech. Thus, the question becomes, does the banning or limitation of a team’s social media usage by a coach violate a student-athlete’s constitutional rights?

By Tuesday, 11:59 p.m. ET:

Post a 250-word response in which you explain whether a coach at a public state university who limits or bans athletes’ access to social media violates a student-athlete’s constitutional rights.

· Provide support for your position by using the analysis learned this week related to state action and substantive due process to explain your reasoning.

· Suggest strategies a college athletics department could use to address the social media issue without banning student-athletes’ access to it.

KIN 607: Legal Aspects of Sports

Wk 1 Notes: Introduction to Sports Law and the American Legal System

The following Week 1 Notes emphasize important concepts introduced in the Learning Materials and provide additional information related to these concepts.

The topics addressed in the Week 1 Notes:

·

What is Sports Law?

·

Fundamentals of the American Legal System

·

The American Court System

·

Types of Cases

·

Constitutional Law and Interscholastic Sports

What Is Sports Law?

When it comes to defining what sports law is, there are two schools of thought:

#1 School of Thought

Sports law does not exist independently of other types of law. Scholars in this group believe, rather, that sports law is a collection of other bodies of law, such as contract, taxation, employment, labor, criminal, constitutional, tort, and antitrust law.

#2 School of Thought

Sports law exists, and it is a burgeoning body of its own law. Scholars in this group point to agent regulations, Title IX, and the NCAA bylaws to make their point.

As you move through the content in this course, consider to which school of thought your personal perspective aligns.

Fundamentals of the American Legal System

The American system of government is based upon a principle of
federalism. Federalism is power shared between the national and state governments. The powers that are shared between the national and state governments are embodied in the U.S. Constitution.

The U.S. Constitution is the supreme body of law in the United States. It identifies the fundamental rights of American citizens and delineates government limitations. Federal laws must comply with it. It also applies to all states and the laws that states enact, meaning that they must also comply with it.

State constitutions and laws cannot grant rights that limit rights the Constitution guarantees, but they may grant additional rights.

The American Court System

In order for a court to hear a given case, it must have
jurisdiction over the case. Jurisdiction is the power of a court to hear and determine the outcome of a case.

How does a court receive jurisdiction? Jurisdiction is granted based upon the subject matter (
subject matter jurisdiction) of a case and/or the parties involved in it (
personal jurisdiction).

Subject matter jurisdiction is jurisdiction over the law and facts of a lawsuit. A court
must always have subject matter jurisdiction in order to hear a case. Thus, a defendant cannot waive it. With respect to the law, a federal court will hear cases related to

federal law (e.g., the U.S. Constitution, laws enacted by the United States Congress, and federal regulations and treaties), whereas a state court can hear cases related to state laws, constitutions, regulations, and treaties. With respect to the facts of a lawsuit, to determine whether a court has subject matter jurisdiction, one must look at where the lawsuit arose and other issues surrounding the lawsuit, such as the amount of damages involved.

Personal Jurisdiction is jurisdiction over a person. In order for a court to obtain personal jurisdiction, the person must have certain minimum contacts with the forum in which the court sits. Personal jurisdiction is not a requirement for a court to hear a case, because a defendant cannot waive it.

There are two dominant court systems in the United States: federal courts and state courts. Federal courts hear cases related to federal law (i.e., laws passed by the federal legislature) and the U.S. Constitution. State courts hear cases related to state law and respective state constitutions.

Article III of the U.S. Constitution established federal courts. There are three levels in the federal court system: district court, federal court, and the Supreme Court.

District court is the trial level of federal court. Trials are only held at this level of the federal court system and are
never held at the circuit court or Supreme Court levels. There are 94 different districts. Each state has at least one district court. District courts have jurisdiction over cases involving federal issues (issues based on the U.S. Constitution, federal legislation, regulations, or treaties) or cases that implicate more than one state and/or more than one state’s citizens or residents.

Circuit court is the court to which district court decisions are appealed. There are twelve regional circuit courts and a court of appeals for the Federal Circuit. Circuit courts also hear appeals of decisions by federal administrative agencies.

The Supreme Court is the court to which circuit court decisions are appealed. However, the Supreme Court has discretion to hear the cases. There are nine judges on the Supreme Court called
justices. A Supreme Court decision is final, unless there is a constitutional amendment to overturn the decision, Congress alters the Supreme Court’s decision by changing the law, or the Supreme Court overturns its own decision in a future case.

State courts are established by state constitutions. State courts hear state issues such as issues based on state legislation, state regulations, and a respective state’s constitution. State courts generally consist of a trial court, an appellate court, and a supreme court, although the names for these levels of the court system may differ from one state to another.

The United States also has specialized courts. Examples include tax, patent, and maritime courts.

Types of Cases

Cases may be criminal or civil. Criminal cases address acts that are harmful to society as a whole. In a criminal case, the government (prosecution) presents a case against a criminal defendant. The standard of proof in a criminal case is “proof beyond a reasonable doubt.” This is the highest legal standard, and requires the prosecution, who holds the burden to meet the standard of proof, to prove that no other logical explanation can be derived from the evidence other than that the defendant committed the crime. The defendant is presumed innocent until the prosecution meets its burden.

A civil case involves a dispute between public or private entities. In a civil case, individuals or entities (plaintiffs) bring cases against those they allege have committed a civil wrong against them (defendants). The standard of proof in a civil case is “preponderance of evidence.” Under this standard, the plaintiff must prove that it is more likely than not that the defendant committed the civil wrongdoing.

Constitutional Law and Interscholastic Sports

Where does constitutional law come into play in interscholastic sports?

· State interscholastic athletic associations govern high school sports by creating and proposing regulations for high school athletes to follow.

· The institutional members (high schools) of the state interscholastic athletic associations vote on the regulations to approve them.

· Once approved, the regulations are applied to high school students that participate in interscholastic athletics.

· Sometimes, students may challenge the application of a rule to them by filing a lawsuit against the state interscholastic athletic association and/or their high school.

· Oftentimes, these challenges allege a violation of the United States Constitution.

The following explains what a student must demonstrate to file a constitutional law claim.

Step 1. First, a student must show that there is
state action. The U.S. Constitution grants rights that are protected from state or federal government action, but not private action. Thus, in order to bring a lawsuit alleging a violation of the U.S. Constitution, there must be state action.

If a federal, state, or local government actor is engaging in the conduct alleged to violate the constitution, there is state action, and a constitutional law based lawsuit may be brought.

Can a constitutional law claim ever be brought against a non-government actor (i.e., against an entity other than a local, state, or federal government actor)?

Consider the case of
Brentwood Academy v. Tennessee Secondary School Athletic Association (see case details in Chapter 1 of your course text,
Sports Law: Governance and Regulation). A private association may be considered a state actor, and thus, a constitutional law claim may be made against it, if there is
pervasive entwinement between it and the government.

Courts determine whether private entities are state actors for constitutional law purposes on a
case-by-case basis. Thus, the
Brentwood Academy case did not rule that every high school athletics association is a state actor. Rather, the
Brentwood Academy case tells us that in making this determination, courts look at whether or not there is pervasive entwinement between the private entity and the government.

Pervasive entwinement exists when the relevant facts show a largely overlapping identity between the government and a private entity. In the
Brentwood Academy case, what facts demonstrated an overlapping identity?

· If there is pervasive entwinement, the private entity will be deemed a state actor against whom a constitutional law claim can be brought against in a lawsuit.

· If there is not pervasive entwinement, the private entity will not be deemed to be a state actor. Thus, a constitutional law claim cannot be brought against it in a lawsuit.

Step 2. After demonstrating that there is state action, the student will then have to prove that the application of a rule to him or her violated the U.S. Constitution.

How does a court determine whether a rule adopted by a high school or high school athletics association is constitutional?

There are two main types of constitutional claims a student makes to argue that the application of a rule to them is unconstitutional. The first is a due process claim. The U.S. Constitution provides for two types of due process: procedural due process and substantive due process.

Someone must be given procedural due process before the government takes away their life, liberty, or property. Procedural due process requires that before one of these things is taken away, the government gives the person notice and a hearing.

Substantive due process considers whether the substance of a law is constitutional. The U.S. Supreme Court has created three tests to determine whether the substance of a law is constitutional:

·
Strict scrutiny: If the law or rule applies to race, national origin, or alienage, this standard applies. This standard says that the law or rule must be necessary to achieve a compelling government interest. This is the most difficult standard for the government to meet. Thus, laws or rules related to race, national origin, or alienage are often struck down as being unconstitutional.

·
Intermediate scrutiny: If the law or rule applies to gender or legitimacy (whether someone knows who their father is), this standard applies. This standard says that the law or rule must be substantially related to an important government interest.

·
Rationale basis: If the law or rule applies to anything not covered in the strict scrutiny or intermediate scrutiny standards, this standard applies. This standard says that a law or rule must be rationally related to a legitimate government interest. This is the easiest standard for the government to meet.

A student may also bring an equal protection claim in this situation. A person can bring an equal protection claim if the government is treating him or her differently than similarly situated people. Here, the student would assert that the athletics association is applying its rules differently to him or her than to other students. The standards that apply under substantive due process also apply to equal protection claims.

The following are types of rules applied to high school athletes:

A.
Transfer rules: Limit the eligibility of high school student-athletes to participate immediately in interscholastic competition after moving from one school to another.

B.
Good conduct rules: Prohibit a range of in-school and outside-of-school activities, such as drug and alcohol usage, tobacco usage and late-night activities by athletes.

C.
Age rules: Specify lower and upper age limits for participation in interscholastic athletics.

D.
Drug testing rules: In
Vernonia School District 47J v. Acton, the United States Supreme Court upheld the constitutionality of random drug testing of student-athletes by high schools. Note that the Supreme Court has not upheld drug testing of all high school students but found random testing of high school athletes to be reasonable and constitutional. Additionally, the Supreme Court did not uphold the random blood drug testing of high school student-athletes.

When drafting rules to be applied to interscholastic athletes, the following considerations should be made.

1. What is the purpose behind the rule; that is, what type of behavior or conduct is the school attempting to regulate and why?

2. Does the proposed rule run the risk of more severely impacting one type of student than another? If so, is there a way to limit this impact?

3. Are there any unintended consequences that the proposed rule may produce? If so, should exceptions to the rule be drafted?

When a student sues a school or athletic association related to the application of a rule to him or her, with whom does the court usually side? Courts generally show deference to (or, side with) schools and athletic associations in these cases. Courts do so because they believe that schools and athletic associations are in a better position to determine what rules should be enacted for high school athletes than the court system.

This is because high school administrators and athletics association officials have more expertise and knowledge related to the issues surrounding high school students and high school athletes than judges do. Judges argue that these administrators and officials have training better suited for deciding how to regulate high school sports than the judges’ own training as legal scholars.

That being said, as long as a school and athletic association’s rules and application of said rules are not unconstitutional or arbitrary, capricious or made in bad faith, then a court will generally uphold them and their application.

References

Brentwood Academy v. Tennessee Secondary School Athletic Assn., 531, U.S. 288 (2001)

Vernonia School District 47J v. Acton, 515 U.S. 646 (1995)

1

Instructor Name: Point Value: 18

Student Name:

CATEGORY Excellent (7 points) Good (6 points) Fair (5-4 points) Poor (3-1 points) Did Not Complete (0 points) # of points

Content Quality

39% of total Discussion

grade

Student participated in the

Discussion about the presented

topic with detailed, relevant,

supported initial posts and

responses. Student enhanced

points with examples and

questions that helped further

discussion.

Student participated in the

Discussion about the presented

topic with detailed, relevant,

supported initial posts and

responses.

Student participated in the

Discussion about the presented

topic with adequate content but

the content lacked either detail,

relevancy, or support.

Content of student’s post and

responses was not clear, relevant,

or supported.

Student did not submit a post or

response.

CATEGORY Excellent (7 points) Good (6 points) Fair (5-4 points) Poor (3-1 points) Did Not Complete (0 points) # of points

Engagement

39% of total Discussion

grade

Student participated actively as

evidenced by strong reflective

thought in both the initial post and

in responses to classmates’

posts. Student response

participation exceeded the stated

minimum requirements.

Student participated actively as

evidenced by strong reflective

thought in both the initial post and

in responses to classmates’

posts.Student responses

contributed to classmates’

experience.

Student participated somewhat

actively as evidenced by posts

and responses that were

adequate but lacking strong

reflective thought.

Student did not participate actively

as evidenced by little reflective

thought in initial posts and

responses.

Student did not submit a post or

response.

CATEGORY Excellent (4 points) Good (3 points) Fair (2 points) Poor (1 point) Did Not Complete (0 points) # of points

Timeliness

22% of total Discussion

grade

All postings were made in time for

others to

read and respond.

The initial post was made on time,

but one response to others’ posts

was not made in time for others to

read and respond.

The initial post was made on time,

but all of the responses to others’

posts were not made in time for

others to read and respond.

All of the postings were late. Student did not submit a post or

response.

Final Point Total: 0

Feedback

KIN607: Legal Aspects of Sports – Discussion Rubric Week 1

WEEK 1 Required READING

Sports Law: Governance and Regulation (College Edition)

· An Introduction to the Study of Sports Law (pp. 1–14) As you begin your study of sports law, it is essential to understand how sports law has evolved and how it relates to the legal system in general. Here the authors explain the debate about the nature of sports law. They also describe the fundamentals of the U.S. legal system and explain how and why those who study law use the case method.

· Chapter 1, “Regulating Interscholastic (High School) Athletics” (pp. 15–36, 40–47) As more and more school-aged individuals participate in increasingly popular and competitive interscholastic athletics, interscholastic sport regulations have also increased. The authors explain how and why legal challenges to these regulations are occurring and how the courts have been handling these challenges and how these responses relate to constitutional law.