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ERIC Number: ED531852
Record Type: Non-Journal
Publication Date: 2009
Pages: 326
Abstractor: As Provided
Reference Count: N/A
ISBN: ISBN-978-1-1095-0268-8
ISSN: N/A
An Examination of Court Cases Involving Interscholastic Athletics in Secondary Schools
Baker, Jason M.
ProQuest LLC, Ed.D. Dissertation, The University of Alabama
It is imperative that school administrators, athletic directors, and interscholastic/athletic associations become knowledgeable in the area of interscholastic athletics at the secondary level and fully understand its potential for litigation. Thus, the purpose of this research study is to examine issues, outcomes, and legal trends involving interscholastic athletics in secondary schools as it relates to school administrators, athletic directors, and interscholastic/athletic associations. A context for the research related to interscholastic athletics in secondary schools is framed in an analysis of court cases decided by the United States Supreme Court, United States Courts of Appeal, United States Federal District Courts, and state appellate courts. The data used in this study includes all relevant court cases from 1981 to 2008. An analysis of the cases indicates that the interscholastic/athletic association and other parties affiliated with the association received favorable judgments either through outright dismissal in court or through judgments as a matter of law in the vast majority of cases. Overall, the rulings of the courts consistently enforce a judicial noninterference policy favoring the interscholastic/athletic association's right to control and manage secondary interscholastic athletics with limited court intervention. The litigation issues covered in this study include transfer/residency rules, supremacy of athletic association rules and decisions, maximum participation rules (age and semesters), personal injury, recruiting rules, outside participation rules, discrimination, enrollment rules, and academic rules. Moreover, these litigation issues are intertwined with one or more causes of action such as court intervention, Fourteenth Amendment/state equal protection and due process, discrimination, Fourteenth and First Amendments, negligence, and First Amendment. In conclusion, this study produces analyses of the issues, outcomes, and legal trends that have emerged in interscholastic athletics in secondary schools over the last 28 years. As a result, the inquiry provides guiding principles and procedures for use by school administrators, athletic directors, and interscholastic/athletic associations to both avoid and prevail in litigation. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com/en-US/products/dissertations/individuals.shtml.]
ProQuest LLC. 789 East Eisenhower Parkway, P.O. Box 1346, Ann Arbor, MI 48106. Tel: 800-521-0600; Web site: http://www.proquest.com/en-US/products/dissertations/individuals.shtml
Publication Type: Dissertations/Theses - Doctoral Dissertations
Education Level: High Schools; Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment; Fourteenth Amendment