Art, Entertainment & Sports Civil Rights Education

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Mizzou: A Personal Note on Racism, Firings and a Free Press

I have been watching the events at my alma mater that led to the resignation of MU System President Tim Wolfe and Chancellor R. Bowen Loftin from afar. While I had heard inklings of discontent, I had no idea it was at this...more

NLRB Decision on Student-Athlete Unionization a Win for Colleges, But Title IX Still in Play

The National Labor Relations Board (NLRB) issued a unanimous decision on Aug. 17, 2015, dismissing a petition filed by Northwestern University scholarship football players seeking to unionize under the National Labor...more

Caitlyn on the track: Athletics, Title IX, and the transgender community

In our previous post, we discussed emerging federal policy regarding the application of federal anti-discrimination laws to the transgender community. We focused, in particular, on the “Statement of Interest” filed earlier...more

IHSA and Attorney General Reach Agreement on Participation of Student Athletes with Disabilities

In late June, the Office of the Attorney General (OAG) and the Illinois High School Association (IHSA) reached an agreement, settling two pending federal court cases, aimed at ensuring that student athletes with disabilities...more

Why Employers Should Think Twice Before Making Employees Play Hurt

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team. Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he...more

Court Affirms Three-Part Title IX Test Applies to High Schools

In a recent decision, Ollier v. Sweetwater Union High School District, the Ninth Circuit Court of Appeals upheld a trial court finding that a public school district intentionally discriminated and retaliated against female...more

Employment Law Summer Recap 2014: Part 6 of 11 – A Farewell to the BCS and Amateurism in College Athletics (At Least as You Knew...

The advent of a playoff system in Division I FBS college football is not the only new change in intercollegiate athletics. After the most active summer in the history of college sports, the following events will have a large...more

Former JSU Women’s Basketball Coach Receives Additional Award in Wrongful Termination Suit

In August, a judge awarded former Jackson State University (JSU) head coach, Denise Taylor, $200,000 in damages for “emotional pain and suffering” she endured during her employment. Taylor was the head women’s basketball...more

Gimme A U-N-I-O-N!

Willa Bepayed is a standout attacker and a Senior on State Tech’s volleyball team. Willa read about Kan Doit, the Southeastern quarterback who’s leading the unionization drive before the National Labor Relations Board (NLRB)....more

Athletics For Disabled Students

In what seems a surprising move to many, particularly for the Obama Administration, the Department of Education Office of Civil Rights (“OCR”) has backed away from last year’s strong policy statement on access to...more

Critical Limitations Soften Blow Of Seventh Circuit Decision Voiding Indiana School’s Boys Basketball Hair Length Rule

The Seventh Circuit’s decision, which is one of the first of its kind and one of the first decisions addressing hair lengths in schools in decades, has garnered media attention and warrants a close look at hair length...more

OCR Clarifies Dear Colleague Letter On Students With Disabilities In Extracurricular Athletics

The U.S. Department of Education Office of Civil Rights (OCR) recently replied to a letter from the National School Boards Association (NSBA) seeking clarification on OCR’s January 25, 2013 Dear Colleague Letter on students...more

Department of Education’s Office for Civil Rights Issues Controversial Guidance On Rights of Disabled Students to Participate in...

On Jan. 25, 2013, the U.S. Department of Education’s Office for Civil Rights (‘‘OCR’’) released a Dear Colleague Letter (‘‘DCL’’) providing guidance on the obligations under Section 504 of the Rehabilitation Act of 1973...more

A Low or Mid-Level Employee Can Create A Privileged Communication, But Cannot Waive The Privilege Once Created

Hedden v. Kean University, A-4999-12T2, decided by the New Jersey Appellate Division on October 24, 2013, provides a tutorial on the ability of low to mid level employees to create privileged attorney-client communications,...more

Girl Banned From Football Because Of Her Gender

Title IX requires that schools receiving public funding must allocate those funds equally between male and female educational programs such as extracurricular sports. Since its passage over 40 years ago, Title IX has mandated...more

NCAA Lifts Certain Penn State Sanctions

NCAA Lifts Certain Penn State Sanctions by Anthony Caruso on September 30, 2013 The National Collegiate Athletic Association recently announced its decision to reduce several of the sanctions it levied against Penn...more

Leveling the Playing Field: Providing Equitable Athletic Opportunities for Disabled Students

When Congress enacted Title IX of the Education Amendments of 1972, 20 U.S.C. §§1681 et seq. [“Title IX”], it forever changed the landscape of interscholastic and intercollegiate sports. Although as the recent Biediger v....more

New OCR Guidance Lays Out School District Responsibilities To Serve Students With Disabilities In Athletics

On January 25, 2013, the Office of Civil Rights of the U.S. Department of Education (OCR) issued a “Dear Colleague Letter” instructing school districts on their responsibilities to serve students with disabilities in...more

IHSA Under Pressure To Provide Accommodations To Student Athletes With Disabilities

Section 504 of the Rehabilitation Act provides that “No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be...more

Three Point Shot - January 2013

In This Issue: - Take Me Out To the Ball Game, But Keep Me Away From the Flying Hotdogs - Full Court Press Gets Young Women the Right to Play AND Be Cheered - Will Dorsett be able to “Heisman” SER Media?...more

OCR Issues "Dear Colleague Letter" Addressing Equal Opportunities in Athletic Programs for Students With Disabilities

A "Dear Colleague Letter" just issued by the Department of Education Office of Civil Rights interpreting Section 504 of the Rehabilitation Act of 1973 clarifies that colleges and universities must provide disabled students...more

The Department Of Education Requires That School Sports Be Open To The Disabled

Over 40 years ago, Title IX mandated that schools balance the resources allocated to men’s and women’s educational programs including extracurricular sports. The sweeping overhaul dramatically improved the athletic...more

Illinois Basketball Star’s Lawsuit For Unequal Treatment In Residency Dispute Can Proceed

A federal judge allowed claims of unequal treatment by a high school basketball player to proceed against his school district. The claims arose out of the student’s move from the attendance area of one high school within the...more

Competitive cheerleading? Not a sport.

Under Title IX of the Education Amendments of 1972, colleges receiving federal funding must afford equal participation opportunities in varsity sports to male and female athletes. One way schools demonstrate their compliance...more

Competitive Cheerleading Not a “Sport” For Title IX Purposes

A federal appeals court has held that competitive cheerleading cannot be counted as a sport for Title IX purposes. Although the decision came in a lawsuit filed by a university coach and students, it has implications for...more

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