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Unformatted text preview: Sport Law Test 2 Due process o Did not get a chance to defend oneself o Fair treatment o EPC Equal protection clause everybody deserves the same protection under the law o Constitutional Claims To be able to satisfy that it is a violation of due process, it must clear two hurdles Violate life, liberty, or pursuit of property interest State actor? any action taken by the government Strict scrutiny necessary to accomplish compelling state interest extremely important government goal Mild scrutiny rationally related to legitimate state interest non fundamental rights o a course of legal proceedings which have been established for the protection and enforcement of private rights o Guaranteed by the US and state constitutuions o 5 th amendment applies to acts of federal government o 4 th amendment extends due process to the state government and state actions Those acting under the authority of a government entity or that of its agents o Life, Liberty, or Property Interest Liberty those privileges recognized as essential to the orderly purist of happiness by free men Stigma test Reputation fired football coach as example Property all valuable interest that can be possessed outside of oneself and have an exchangeable value or which add to an individuals wealth College scholarship, future pro career o Developed to prevent arbitrary, capricious, unreasonable decisions o Guarantee fairness and impartiality o The manner in which caring people treat others o Substantive due process Requires the rules and regulations to be fair and reasonable in content and application To protect from arbitrary and capricious actions Rules and regulations must have valid purpose As it pertains to voluntary athletic associations General, courts will not interfere with the internal affairs of voluntary associations Fraud, violate own rules, other laws The decisions of the governing body of an association will be accepted as conclusive o Procedural due process Examines the decision making process that is followed to determine whether the rule/regulation has been violated and what sanctions, if any will be imposed Goal is to ensure fair treatment Requirements are flexible and depend on a number of factors Severity of the violation and sanction imposed Goss vs. Lopez high school student in Columbus who was suspended o Due process requirements Minimum Statement of specific violation Notice of the sanctions that will be imposed An opportunity for the accused to comment Maximum Written notice of hearing Written statement of charges Provision of adversarial hearing Written taped recording of proceedings Right of appeal o Due process: NCAA and USOC Neither the nCAA nor the USOC are state actors States have tried to pass legislation to force due process requirements on the NCAAall...
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- Fall '11