Sport Physical Activity and the Law

1
Sport Physical Activity and the Law

• Chapter 4
• Constitutional Guarantees and Their Analysis

2
State Actor or Non-state Actor?

• Public school teacher?
• NCAA?
• State university?
• Teammate?
• Private golf club owner?

3
State Actor or Non-state Actor?

• Public school teacher state actor
• NCAA depends on action involved
• State university state actor
• Teammate non-state actor
• Private golf club owner non-state actor

4
Levels of Scrutiny Required for Constitutionality

• Non-fundamental rights require only mild
  scrutiny
• Rationally related to a
• Legitimate state interest
• Fundamental rights and discrimination based on
  suspect class require strict scrutiny
• Necessary to accomplish a
• Compelling state interest

5
Scrutiny

• Mild
• Rationally related to a legitimate state interest
• Middle
• Substantially related to an important state
  interest
• Strict
• Necessary to accomplish a compelling state
  interest

6
Emerging Middle Level of Scrutiny

• When discrimination is based on
• Gender
• Age, or
• Disability
• The required level of scrutiny is
• Substantially related to an
• Important state interest