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1 Legal Issues Collegiate Athletics 1 (1999-2000)

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Novemer199                                                                          Volum   1, Isue

A Report of Court Decisions, Legislation, Regulations and Law Review Articles Affecting Collegiate Athletics

Collegiate   Athletics
News  In Brief .................. 2
Faculty's Frustration with
Athletic Departments Reach
Boiling Point    .   .......... 4
More   Important   Cases
Notre Dame   Should Have
Protected Fans  Sitting
Behind  Goalposts ........... 5
Duke  Held Liable for  -
Actions Against Female
Football Player It Invited
On  Team  .....     ....... 6
Deemed   Ineligible, Athlete
Must  Repay  University ....... 6
Though  Eligibility Question
May  Be  Moot, Reinstitution
Issue-Is Not   ........... 7
Employment Cases
Employee   Evaluation
Alone  Does Not Trigger
Liability ................. 10
Virginia High Court
Clears Board  in
Videotaping  Scandal ........ 10

Tennessee Scandal Offers Lessons to

       Help Address Academic Fraud

   After the recent scandals in
Minnesota and Tennessee linking
academic fraud with student athletes,
it would be easy to assume that those
were isolated incidents -- easy, but
probably inaccurate.
   My  gut feeling is that given how
much  cheating goes on in a academic
setting among non-athletes, it would
be naive to think that the only
cheating among student athletes
occurs at Minnsota and Tennessee,
said C. Peter Goplerud, the dean and
professor of law at Drake University,
who  has been a sports agent and
served on a number of panels that
address the inadequacies of the
National Collegiate Athletic Association
(NCAA)  system.

   Given that reality check, what can
athletic directors learn from the
summer  of 1999?

Learn  about  the Americans
with Disabilities Act (ADA).
   The ADA  is ultimately what may
have tripped up Tennessee. To
recap, ESPN's six-week interview
found a pattern of alleged academic
abuse at Tennessee, dating back to
1995 when the Tennessee English
Department threatened to bring
charges of institutional plagiarism
against the athletics department.
Specifically, ESPN identified four
tutors who may have done school
work for five student athletes, but the
See TENNESSEE on page 8

   A high school basketball player,
who signed a National Letter of Intent
to play basketball at Indiana University,
and was then involuntarily released
from the agreement under suspicious
circumstances, can proceed with his
disability discrimination claim, a federal
district court ruled.
   The defendants, which include
Indiana University and its basketball
coach, Bob Knight, sought to have
parts of the claim dismissed. The
complaint alleged the student was the
victim of disability and racial dis-
crimination, and that the defendants
violated 42 U.S.C. §1981, engaged in

fraud, interfered with the student's
contract to attend Indiana University,
and inflicted emotional distress upon
him. The court partially accommo-
dated the defendants, while allowing
other parts of the claim to continue
through the legal process.
   The impetus for the case was
Mark  Treadwell's decision to transfer
to St. Joseph High School (SJHS) in
July 1997 for the purposes of playing
on the school's varsity basketball
team. This did not sit well with
Susan Chvatal, an administrative
assistant at the school and parent of

@ 1999  Oakstone  Legal & Business  Publishing, Inc.

Digitized from Best Copy Available

Recruit's Discrimination claim Proceeds

9th Cir. Finds Experience
  And Qualifications, Not
Gender, Led to Higher Pay
         Page 3


Volume  1, Issue 1


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