Sport Law Due Process
Due Process must
- student must receive published standards -notice of charges -advances written notice of time & place of hearing - a hearing with an impartial decision maker -written report of findings&punishments - an appeals procedure.
Property interest & athletics
- usually the courts will not find a right to participate in interscholastic athletics, but rather find that participation is a privilege - in college, athletes have a property interest in their scholarships.
Substantive Due Process
-Requires the rule or regulation to be fair and reasonable -in the absence of fraud, mistake, collusion or arbitrariness, the courts generally will not interfere with the internal affairs of voluntary associations.
Fair and Reasonable test
1) does the rule have a proper purpose 2) does the rule clearly relate to the accomplished of that purpose.
Supreme court ruled
1) oral and written notice of the charges 2) opportunity to present his side of the case
Procedural due process- assess enforcement
1) severity of violation 2) severity of punishment 3) procedure used
Due Process Analysis- 2 areas of inquiry
1. procedural due process 2. Substantive due process
3 requirements for due process
1. state action 2. must infringe on life liberty or property 3. how much due process is due
Due Process is based on what amendment
5th
Goss V. Lopez
9 students in HS- 10 day suspensions for rioting. -did not hold hearings before ordering suspensions. - students right were violated.
5th amendment
No person. shall be deprived of life, liberty or property without due process of law
14th amendment
Nor shall any state deprive any person of life, liberty or property, without due process of law
What does Due process guarentee
Process, not outcome
Due Process
The provision of any opportunity for an individual to be heard, to defend personal actions, and be assured of fair treatment before a right or privilege is taken away.
Palmer v Merluzzi due process
an admission of guilt negates the need for due process
Goss V Lopez question Presented
did the imposition of the suspensions without preliminary hearings vilate the students due process rights guaranteed by the 14th amendment. - Yes- b/c ohio had chose to extend the right to an education to its citazens, it could not withdraw that right. need minimum procedures.
Procedural due process
examines the decision making process that is followed in determining whether a rule or regulation has been violated and what sanction should be imposed. Fair treatment is the goal Greater the deprivation, greater procerdure
Due Process Balancing test
private interest affected vs risk if erroneous deprivation
palmser v. Merluzzi
radio station- no supervision - beer stains-marijuna foun -palmer admitted -suspended.