Discussion Thread: Constitutional Law
Within constitutional considerations, an important issue to resolve for sport and recreation concerns whether participation is a right or a privilege.
1. Do you believe sport and/or recreation should be a right or a privilege? In what context and why?
2. According to the U.S. Constitution, what legal concepts do you need to consider in order to resolve this issue?
Next, review the Read: NCAA v. Yeo, 171 S.W.3d 863. In light of the court's holding, consider the following question and provide your interpretation of the court's rationale:
3. Were Yeo's protected rights of due process violated by the NCAA, which could potentially cost her future financial opportunities as well as her reputation? Why or why not?
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NCAAvsYeo.rtf
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DiscussionAssignmentInstructions1.docx
Case Summary
Procedural Posture
Appellants, a state university and the National Collegiate Athletic Association (NCAA), sought review of a decision of the District Court of Travis County (Texas), which struck the NCAA's intervention and granted a temporary restraining order permitting appellee student to swim in a national championship meet. The trial court later granted a permanent injunction preventing the university from retroactively declaring the student ineligible.
Overview
The student was a world-class swimmer who competed in two Olympic games for Singapore before participating in intercollegiate competition in the United States. The student initially enrolled in a California university, but transferred after her sophomore year. The transfer institution declined to grant the student a one-time waiver of the rule requiring a transferring student-athlete to refrain from athletic competition for 2 full long-semesters. The NCAA determined that an Olympic waiver did not waive the 12-hour minimum enrollment requirement for the purpose of establishing 2 long-semesters of residence at the certifying school. The university declared the student to be ineligible for competition. The court held that the trial court did not abuse its discretion in striking the NCAA's intervention, as the NCAA did not establish a direct interest in the student's lawsuit. The established interest of the student, a world-class athlete, in her athletic career was entitled to due course of law protection. The university should have afforded the student notification and an opportunity to consult with the university compliance staff before the initial eligibility decision.
Outcome
The court affirmed the trial court's decision.
NCAA v. Yeo, 114 S.W.3d 584, 587, 2003 Tex. App. LEXIS 5931, *1 (Tex. App. Austin July 11, 2003)
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SMGT 505
Discussion Assignment Instructions
The student will complete 3 graded Discussions in this course. The student will post one thread of at least 400 words by 11:59 p.m. (ET) on Thursday of the assigned Module. The student must then post 3 replies of at least 200 words by 11:59 p.m. (ET) on Sunday of the assigned Module. For each thread, students must support their assertions with at least 1 Biblical concept and 1 scholarly citation in APA format. Each reply must incorporate at least 1 scholarly citation in APA format. Any sources cited must have been published within the last five years. Acceptable sources include peer-reviewed journal articles, the textbook, and the Bible.
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