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25 J.C. & U.L. 105 (1998-1999)

handle is hein.journals/jcolunly25 and id is 115 raw text is: UNIVERSITY CONTROL OF STUDENT- ATHLETES WITH DISABILITIES UNDER THE AMERICANS WITH DISABILITIES ACT AND THE REHABILITATION ACT TIMoTHY G. CHURCH* JAMES R. NEUMEISTERt INTRODUCTION On March 4, 1990, Hank Gathers, a basketball player for Loyola Mary- mount University who was leading the nation in scoring and rebounding, col- lapsed while playing in an intercollegiate game. Two hours later he died from cardiomyopathy, a heart ailment.1 On April 29, 1993, Boston Celtics basketball team captain Reggie Lewis collapsed in an NBA playoff game, but he recovered enough to reenter the game.2 After an examination by twelve heart physicians, Lewis was diag- nosed with cardiomyopathy and warned that there was a strong possibility that continued playing could lead to his death.3 Lewis was determined to play and sought further medical opinions - eventually, a doctor informed Lewis that he suffered only a fainting spell.4 On July 27, 1993, however, Lewis collapsed again while shooting baskets in the Celtics training center. This time he died.5 * Timothy G. Church: B.A., University of Delaware (1994); J.D., University of Notre Dame (1998). Legal Assistant, Office of the District Attorney, Kings County, New York. I would like to thank my parents for their ever-present love and support. James R. Neumeister: B.A., with High Distinction, University of Virginia (1994); J.D., magna cum laude, University of Notre Dame (1998). Associate, Thompson, Hine & Flory LLP, Cleveland, Ohio. I would like to thank my parents and family for all the love, guidance, and support they have provided me throughout my life. The authors also thank Professor John H. Robinson for his constant enthusiasm, appreciated criticism, and help in preparation of this Article, as well as Kelley Jo Collins, and the members of the current editorial board for guiding this Article to completion. t This note was originally prepared as a student note. The authors have graduated from law school and taken the bar exam in their respective states. 1. Cathy J. Jones, College Athletics: Illness or Injury and the Decision to Return to Play, 40 BuF. L. Rnv. 113, 114-16 (1992). 2. Jackie MacMullan, Collapse Concerns Lewis, BOSTON GLOBE, Apr. 30, 1993, at 82. 3. Judy Foreman & Steve Fainaru, Lewis' Career Called Probably Over, BOSTON GLOBE, May 4, 1993, at 1. 4. Dave Anderson, Lewis Death on Celtics' Conscience, N.Y. TiMEs, July 29, 1993, at B1. 5. See Robert McG. Thomas, Jr., Celtics' Lewis Dies After Collapsing in a Gym, N.Y. TIMES, July 28, 1993, at B7. After being informed by the twelve heart specialists of his severe heart condition, Lewis switched hospitals and sought the opinion of Dr. Gilbert Mudge. Mudge determined that Lewis did not have a life-threatening heart condition, but

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