SPM 415

Title III - Public Accommodations and Services operated by Private Entities

"No Individual Shall Be Discriminated Against on the Basis of Disability in the Full and Equal Enjoyment of the Goods, Services, Facilities, Privileges Advantages, or Accommodations of Any Place of Public Accommodation by Any Person Who Owns, Leases, or Operates a Place of Public Accommodation."

Section 504 of The Rehabilitation Act

"No Otherwise Qualified Handicapped Individual in the United States . . . Shall Solely by Reason of His Handicap, Be Excluded From Participation In, Be Denied the Benefits Of, or Be Subjected to Discrimination Under Any Program or Activity Receiving Federal Assistance . . . ."

Title II - Public Services

"No Qualified Individual Shall, by Reason of Such Disability, Be Excluded From Participation In or Be Denied the Benefits Of the Services, Programs or Activities of a Public Entity, or Be Subjected to Discrimination by Any Such Entity."

Fifth Amendment

"No person ... shall be deprived of life, liberty or property without due process of law ...."

Fourth Amendment

"The Right of the People to Be Secure in Their Persons, Houses, Papers and Effects, Against Unreasonable Searches and Seizures, Shall Not Be Violated, and No Warrants Shall Issue, but Upon Probable Cause, Supported by Oath or Affirmation, and Particularly Describing the Place to Be Searched and the Persons or Things to Be Seized"

Fourteenth Amendment

"... Nor shall any state deprive any person of life, liberty or property, without due process of law ...."

Balancing Test

1. A Legitimate Privacy Expectation 2. The Character of the Intrusion 3. The Nature and Immediacy of the Governmental Concern

Equal Protection Clause

1. Designed to challenge government practices that are discriminatory in nature 2. No person or group of persons will be singled out and treated differently from the masses, unless a constitutionally permissible reason exists

Individuals with Disabilities Education Act (IDEA)

1. Ensure that a variety of educational programs and services, including physical education, are available to Individuals with disabilities 2. Provide nonacademic and extracurricular activities and services to give children with disabilities an equal opportunity for participation

Strict Scrutiny Test

1. Highest Standard of Review 2. The state needs to show that the challenged rule or practice is NECESSARY to achieve a COMPELLING state interest 3. Strict Scrutiny Test is triggered if discrimination is based on: RACE NATIONAL ORIGIN (Foreign birth) ALIENAGE (Foreign domicile)

Ted Stevens Olympic and Amateur Sports Act

1. Named the United States Olympic Committee (USOC) as the coordinator of amateur athletics in the United States 2. The goal of the Committee is to help disabled athletes by breaking down unnecessary barriers to competition and to support organizations that provide sports experiences for disabled individuals

What Degree of Due Process is Required?

1. Seriousness of the alleged infraction 2. Degree of sanction or Penalty imposed grave penalty - high minimal penalty - low

Questions Concerning Due Process

1. Starting point is State Action 2.What right has been deprived? Substantive Due Process = Life, Liberty, or Property Interests Procedural Due Process = The procedural guarantees

Standards of Review

1. Strict Scrutiny Test 2. Intermediate Scrutiny 3. Minimal Scrutiny or Rational Basis Test

General Rule - Unprotected Speech

1. The Supreme Court has placed obscenity, fighting words, words that create a clear and present danger and defamation in the realm of unprotected expression 2. If the court determines that the speech falls into one of these unprotected categories, the courts will review it using the rational basis test

Quasi-Suspect Class

1. The standard of review and who is covered under it is still developing. 2. Designed to overcome rigid two tier system Sliding Scale - the more important and closer the individual's interest comes to a specific constitutional guarantee, the greater the degree of judicial scrutiny. 3. Applicable to gender based discrimination

Rational Basis Test

1. The state needs to show that the challenged rule or practice is REASONABLY RELATED to achieve a LEGITIMATE state interest 2. Generally, any class that is not "Suspect" or "Quasi-Suspect" falls into this category

In Order to Successfully Pursue a Title II or Title III Claim, An Individual Must Establish Four Elements:

1. They Are a Qualified Individual With a Disability 2. They Are Otherwise Qualified for the Activity 3. They Were Excluded Solely by Reason of Their Disabilities 4. They Were Discriminated by a Public Entity

Freedom of Speech - Athletes

A student's freedom of speech rights do not embrace merely the classroom hours, but also the playing field, as long as he or she does so without "materially and substantially interfering with the requirements of appropriate discipline in the operation of the school" and without colliding with the rights of others

Suspect Class

One that is specifically protected by constitution

Freedom of the Press

Regulation that burdens expression in a newspaper, radio or television broadcast, cablecast or other media setting must be analyzed on two grounds: 1. the nature of the speech (higher value, more protection) 2. the nature of the medium (print - highest protection, broadcasting - least protection)

Establishment Clause

Separation of church and state

Three Sections of the ADA that Athletic and Recreation Administrators Should Be Aware Of

Title I - Employment Title II - Public Services Title III - Public Accommodations and Services operated by Private Entities

Due Process

an expected course of legal proceedings which have been established in our system of jurisprudence for the protection and enforcement of private rights

Consent Forms

an individual can voluntarily waive his or her Fourth Amendment rights and submit to a drug-testing program

Coercion Test

analyzes whether school-sponsored religious activity has a coercive effect on students

Nature and Immediacy of Governmental Concern

is the state's interest in conducting the drug test important enough to justify intruding upon an individual's expectation of privacy

State Action

the court must examine whether a sufficient close nexus exists between the state and the challenged action so that the action may fairly be treated as that of the state itself

Free Exercise Clause

the courts focus on whether a regulation is one of general applicability or directed at a religion

Tinker Test

the baseline standard most frequently applied to student speech cases

Reasonable Searches

the court balances the intrusion of the test on an individual's Fourth Amendment interests against its promotion of legitimate governmental interests

Character of Intrusion

the court examines both how the drug test collects samples and the type of information being collected

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Legitimate Privacy Expectation

Different depending upon whether an individual is at home, at school, in a car, or in a public park

Lemon Test

Evaluating validity of Establishment Clause 1. the statute must have a secular legislative purpose; 2. its primary effect must be one that neither advances nor inhibits religion; 3. the statute must not foster an excessive government entanglement with religion

The Rehabilitation Act

In Order to Successfully Pursue a Claim Under Section 504, An Individual Must Establish Four Elements: 1. They Are Handicapped 2. They Are Otherwise Qualified for the Activity 3. They Were Excluded Solely by Reason of Their Disabilities 4. The Institution Receives Federal Financial Assistance

First Amendment - Fundamental Concepts

In evaluating the meaning of the First Amendment's language, the Court must determine whether the enumerated guarantee must give way to some higher governmental priority

Intermediate Scrutiny Test

The state needs to show that the challenged rule or practice is SUBSTANTIALLY RELATED to achieve an IMPORTANT state interest

Endorsement Test

examines whether government policies or practices are religiously neutral or convey or communicate a message of endorsement or disapproval of religion

Nexus Test

requires that there be a sufficiently close nexus between the state and the challenged action of the regulated entity so that the action of the latter may be fairly treated as that of the state itself

Title I - Employment

the ADA protects individuals with disabilities from discrimination in the workplace

Public Function Test

prevents the state from avoiding constitutional liability by delegating its public function to a private party

The Americans with Disabilities Act (ADA)

provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities

State Compulsion Test

requires a finding of state action when the wrongdoer has been commanded or encouraged by government to engage in the activity which has harmed the aggrieved party