SPM4723 Legal Issues in Sports Exam II
(Answered) Complete Verified Solution 2023/2024
State Actors
A person who is acting on behalf of a governmental body.
Strict Scrutiny Test
A Supreme Court test to see if a law denies equal protection and if it's necessary to
accomplish COMPELLING state interest - for FUNDAMENTAL rights (racial
discrimination, religion).
Mild Scrutiny Test
A Supreme Court test to see if a law denies equal protection and if it's rationally related
to LEGITIMATE state interest - for NON-FUNDAMENTAL rights (education, housing
discrimination).
Why was due process established?
To prevent arbitrary, capricious, and unreasonable decisions but also to guarantee
fairness and impartiality.
5th Amendment
Applies to acts of the federal government, and ensures that no person shall be deprived
of life, liberty or property without the process of law; essentially established due
process.
Liberty
Privileges recognized as essential to the orderly pursuit of happiness by free men.
Stigma Test
If a plaintiff can show a stigmatizing effect on their livelihood, such as the ability to be
employed, due to disparaging acts made by another party then procedural due process
protections will be enacted due to the effect the stigmatizing effect has with the person's
standing in the profession.
Property
All valuable interests that can be possessed outside of oneself & have an exchangeable
value or which add to an individual's wealth.
14th Amendment
Extends due process to state government & state actors; also established the Equal
Protection Clause.
Equal Protection Clause
Constitutional guarantee that everyone be treated equally, and the law shall be applied
equally to each person.
Substative Due Process
Requires the rules & regulations to be fair and reasonable in content and application.
Ex. Can't punish one group for something and not the other such as hair length for men
and women in sports
Procedural Due Process
Examines the decision-making process that is followed to determine whether the
rule/regulation has been violated and what sanction(s), if any, will be imposed; the goal
is to assure fair treatment.
Gross v. Lopez (1975)
, Several students were involved with disruptions at a high school, which resulted in
many suspensions even for the bystanders. Suspensions were upheld without a hearing
and parents sued due to the suspensions greatly effecting the students livelihoods.
- Supreme Court ruled that schools couldn't suspend students without a hearing or due
process
In Loco Parentis
Act in the place of a parent (with reference to a teacher or other adult responsible for
children).
Minimum Due Process Requirements
Statement of the specific violation, notice of the sanctions that will be imposed, and an
opportunity for the accused to comment.
Maximum Due Process Requirements
Written notice of hearing and charges, provision of adversarial hearing, written/taped
record of proceedings, and the right of appeal.
What are some management recommendations or guidelines?
- Rules and regulations must be clearly stated - can't be vague or ambiguous
- All persons should be presumed innocent until there is a reasonable body of proof or
evidence to prove the contrary
- An admission of guilt removes the possibility of bias or error, therefore it fulfills the
legal requirement of due process
- Before discipline/punishment is imposed, a fair hearing should be provided
- Emergencies must be dealt with immediately and have a hearing set up as soon as
possible
- Maintain written records
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition.
- Obscene speech is NOT protected, also time, place, and manner for assembly; can't
yell fire in a movie theatre
Tinker vs. Des Moines (1969)
Supreme Court case regarding symbolic expression; Students wanted to protest the
Vietnam War so they wore black armbands to school and the school knew about their
protests. They suspended the students before the protests of wearing black armbands
and the Supreme Court ruled there was no educational disruption, and nobody sheds
constitutional rights at school gates.
Bethel School District v. Fraser (1986)
Supreme Court case regarding socially appropriate speech; Matthew Fraser gave a
speech to the student body that was filled with elicit speech and sexual innuendos - the
speech created an uproar and prompted disciplinary action. They suspended Fraser for
3 days and didn't allow him to speak at his graduation - the Supreme Court upheld the
suspension and found that the school district's policy did NOT violate the 1st
amendment.
Frederick v. Morse (2007)
Supreme Court case regarding encouraging illegal drug use; Student unraveled a
banner at a school assembly that said "Bong hits for Jesus" - student didn't take the
sign down and he were suspended. Supreme Court ruled that at school sponsored
events can't have these kinds of banners and can't encourage drug use.
(Answered) Complete Verified Solution 2023/2024
State Actors
A person who is acting on behalf of a governmental body.
Strict Scrutiny Test
A Supreme Court test to see if a law denies equal protection and if it's necessary to
accomplish COMPELLING state interest - for FUNDAMENTAL rights (racial
discrimination, religion).
Mild Scrutiny Test
A Supreme Court test to see if a law denies equal protection and if it's rationally related
to LEGITIMATE state interest - for NON-FUNDAMENTAL rights (education, housing
discrimination).
Why was due process established?
To prevent arbitrary, capricious, and unreasonable decisions but also to guarantee
fairness and impartiality.
5th Amendment
Applies to acts of the federal government, and ensures that no person shall be deprived
of life, liberty or property without the process of law; essentially established due
process.
Liberty
Privileges recognized as essential to the orderly pursuit of happiness by free men.
Stigma Test
If a plaintiff can show a stigmatizing effect on their livelihood, such as the ability to be
employed, due to disparaging acts made by another party then procedural due process
protections will be enacted due to the effect the stigmatizing effect has with the person's
standing in the profession.
Property
All valuable interests that can be possessed outside of oneself & have an exchangeable
value or which add to an individual's wealth.
14th Amendment
Extends due process to state government & state actors; also established the Equal
Protection Clause.
Equal Protection Clause
Constitutional guarantee that everyone be treated equally, and the law shall be applied
equally to each person.
Substative Due Process
Requires the rules & regulations to be fair and reasonable in content and application.
Ex. Can't punish one group for something and not the other such as hair length for men
and women in sports
Procedural Due Process
Examines the decision-making process that is followed to determine whether the
rule/regulation has been violated and what sanction(s), if any, will be imposed; the goal
is to assure fair treatment.
Gross v. Lopez (1975)
, Several students were involved with disruptions at a high school, which resulted in
many suspensions even for the bystanders. Suspensions were upheld without a hearing
and parents sued due to the suspensions greatly effecting the students livelihoods.
- Supreme Court ruled that schools couldn't suspend students without a hearing or due
process
In Loco Parentis
Act in the place of a parent (with reference to a teacher or other adult responsible for
children).
Minimum Due Process Requirements
Statement of the specific violation, notice of the sanctions that will be imposed, and an
opportunity for the accused to comment.
Maximum Due Process Requirements
Written notice of hearing and charges, provision of adversarial hearing, written/taped
record of proceedings, and the right of appeal.
What are some management recommendations or guidelines?
- Rules and regulations must be clearly stated - can't be vague or ambiguous
- All persons should be presumed innocent until there is a reasonable body of proof or
evidence to prove the contrary
- An admission of guilt removes the possibility of bias or error, therefore it fulfills the
legal requirement of due process
- Before discipline/punishment is imposed, a fair hearing should be provided
- Emergencies must be dealt with immediately and have a hearing set up as soon as
possible
- Maintain written records
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition.
- Obscene speech is NOT protected, also time, place, and manner for assembly; can't
yell fire in a movie theatre
Tinker vs. Des Moines (1969)
Supreme Court case regarding symbolic expression; Students wanted to protest the
Vietnam War so they wore black armbands to school and the school knew about their
protests. They suspended the students before the protests of wearing black armbands
and the Supreme Court ruled there was no educational disruption, and nobody sheds
constitutional rights at school gates.
Bethel School District v. Fraser (1986)
Supreme Court case regarding socially appropriate speech; Matthew Fraser gave a
speech to the student body that was filled with elicit speech and sexual innuendos - the
speech created an uproar and prompted disciplinary action. They suspended Fraser for
3 days and didn't allow him to speak at his graduation - the Supreme Court upheld the
suspension and found that the school district's policy did NOT violate the 1st
amendment.
Frederick v. Morse (2007)
Supreme Court case regarding encouraging illegal drug use; Student unraveled a
banner at a school assembly that said "Bong hits for Jesus" - student didn't take the
sign down and he were suspended. Supreme Court ruled that at school sponsored
events can't have these kinds of banners and can't encourage drug use.
