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.