News & Analysis as of

Students Athletes

Venable LLP

Playing by the Rules: Sports Programs Face Challenges in Including Transgender Athletes

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A West Virginia law introduced as the "Save Women's Sports Act," which banned transgender athletes from competing on girls' and women's sports teams, was recently struck down by the Fourth Circuit Court of Appeals. ...more

Spilman Thomas & Battle, PLLC

New Proposed Changes to Title IX: Students’ Eligibility for Athletic Teams

As schools and institutions of higher education anticipate the release of new Title IX regulations this May, on Thursday, April 6, the U.S. Department of Education (the “Department”) released a new notice of proposed...more

Searcy Denney Scarola Barnhart & Shipley

Secretary of Education Revises Title IX Laws -- How Do New Regulations Favor Sex Offenders?

Those in the education field should be focused on protecting students. Students should feel safe attending school and college. If they are being physically or sexually assaulted by teachers or coaches, they should be able to...more

Franczek P.C.

Can a Transgender Female Student compete on a Girls’ Sports Team? Supreme Court Justices Address the Question in LGBT Employment...

Franczek P.C. on

The U.S. Supreme Court heard oral arguments on October 8 in three closely watched cases addressing whether Title VII, which prohibits employment discrimination “because of … sex,” covers discrimination based on LGBT...more

Pullman & Comley, LLC

Clear Thinking: The State Board of Education’s Concussion Education Plan and Guidelines for Connecticut Schools

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With each new year, it seems as if Connecticut legislators collectively agree to the same resolution – create new legal obligations for local and regional school boards. This year is no different. Although passed in early...more

Jackson Walker

Stacy Allen Speaks: Video Game Makers Strike Out In College Athlete Cases – Coaching Tips For The Virtual World

Jackson Walker on

Over the past several years, I have written about a series of decisions in suits brought by former collegiate athletes against EA Sports and the NCAA, seeking compensation for the use of their likenesses and those of...more

McDermott Will & Emery

Judge Rules NCAA Ban on Student-Athlete Compensation Violates Antitrust Law

McDermott Will & Emery on

On Friday, August 8, 2014, the Northern District of California determined that the National Collegiate Athletic Association’s (NCAA’s) rules banning student-athletes for being compensated for the use of their names, images...more

Womble Bond Dickinson

Do Public School Athletic Leagues Have To Admit Private High Schools?

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Liberty Christian Academy (LCA), a private high school in Lynchburg, Virginia, has filed an antitrust action against the Virginia High School League (VHSL), a non-profit organization of public high schools in Virginia. The...more

McDermott Will & Emery

Court Won’t Reconsider Prior Ruling in NCAA Class Action

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On May 12, 2014, the National Collegiate Athletics Association (NCAA) lost its motion for leave to file a motion for reconsideration of a prior ruling, which barred the NCAA from arguing at trial that not paying...more

Pullman & Comley - School Law

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

Ballard Spahr LLP

NLRB Holds College Football Players Are Employees, Can Unionize

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The Regional Director for Region 13 of the National Labor Relations Board (NLRB) held today that all grant-in-aid scholarship players for Northwestern University's football team are "employees" under the National Labor...more

Bond Schoeneck & King PLLC

NLRB Regional Director Finds College Football Players Qualify as Employees and Can Unionize

In a stunning and potential landmark decision, a Regional Director of the National Labor Relations Board has found that football players receiving grant-in-aid scholarships from Northwestern University (the University) are...more

Obermayer Rebmann Maxwell & Hippel LLP

Game Changer: NLRB Rules College Football Players Can Unionize

Director of the Chicago Region of the National Labor Relations Board (NLRB), Peter Sung Ohr, ruled that Northwestern University scholarship football players are entitled to have a union election because they are “employees”...more

McDermott Will & Emery

NCAA Compensation Cartel Allegations Take Center Court

McDermott Will & Emery on

On March 17, 2014, a class action lawsuit was filed against the National Collegiate Athletics Association (NCAA), alleging that capping compensation to college athletes violates Sherman Act Section 1....more

Franczek P.C.

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

Franczek P.C. on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

How to Ensure an Inclusive Environment for Student Athletes and Issues of Sexual Identity

Recently, college sophomore Conner Mertens became the first college football player in the United States to publicly come out. Conner is the kicker on the Willamette University football team in Oregon. This unprecedented...more

Ballard Spahr LLP

Student Athletes’ NLRB Petition Looms Large for Colleges and Universities

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A group of Northwestern University football players recently filed a petition with the National Labor Relations Board (NLRB) seeking to be represented by a labor union. Although this request is the first of its kind, it...more

Burns & Levinson LLP

Recent New Jersey Case Highlights Several Aspects of the Corporate Attorney-Client Privilege

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In Hedden v. Kean University, the New Jersey Appellate Division ruled that an email sent by the University’s women’s basketball coach to the school’s in-house counsel was privileged even though a copy also was sent to the...more

Farella Braun + Martel LLP

Balancing Freedom Of Expression And The Right Of Publicity: Implications For The Future Of Interactive Entertainment

Freedom of expression bowed to the right of publicity on July 31, 2013, when a divided panel at the Ninth Circuit ruled that college athletes could proceed in litigation against Electronic Arts (“EA”) for making sports-based...more

Mintz - Employment, Labor & Benefits...

A New Players Union? - Implications of All Players United

A recent trend in college athletics has been the display of “APU” wristbands by student-athletes during high-profile football games. All Players United or APU, represents itself as an organization concerned for the well-being...more

Gray Reed

Part Two – Could “Johnny Football” Go To Jail?

Gray Reed on

“Johnny Football” Manziel had an amazing game against Alabama this past weekend. There is no doubt he is one of the greatest ever to play college football....more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Fumbles The Ball In Videogame Likeness Cases

Creating a new rule that gives videogames much more limited protection than other expressive works, the Ninth Circuit has ruled that realistically depicting college athletes in videogames showing them doing what they became...more

Gray Reed

Could Johnny Football Go To Jail?

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ESPN reported in August that Heisman Trophy winner Johnny Manziel “…agreed to sign memorabilia in exchange for a five-figure flat fee during his trip to Miami for the Discover BCS National Championship.” Of course the...more

Thomas Fox - Compliance Evangelist

Send In The Clowns – The NCAA And Its Investigation Of Johnny Football

How can you determine if an organization charged with compliance is corrupt or simply incompetent? It is hard today to answer that question when it comes to the National Collegiate Athletic Association (NCAA) and its...more

Franczek P.C.

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

Franczek P.C. on

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

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