THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF THE DISTRICT OF COLUMBIA
THE UNITED STATES OF AMERICA
United States Department of Justice
Civil Rights Division
Disability Rights Section
P.O. Box 66738
Washington, D.C. 20035-6738,
Plaintiff
v.Civil Action No. ____________
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION
6201 College Blvd.
Overland Park, Kansas 66211-2422
Defendant.
COMPLAINT
The United States of America alleges as follows:
1. This action is brought by the United States to enforce title III of the
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181 - 12189,
and its implementing regulation, 28 C.F.R. Part 36, which prohibit discrimination
against individuals with disabilities by public accommodations.
2. This action is brought against the National Collegiate Athletic Association,
which discriminates against student-athletes with learning disabilities
in the goods, services, facilities, privileges, advantages, or accommodations
that it offers, and specifically with respect to its rulings on which student-athletes
are eligible for athletics-related financial aid, practice and competition
during the first academic year in residence.
3. This Court has jurisdiction over this action pursuant to 42 U.S.C. §
12188(b)(1)(B) and 28 U.S.C. §§ 1331 and 1345. This Court has
authority to grant equitable relief, monetary damages and civil penalties
pursuant to 42 U.S.C. § 12188(b)(2).
4. Pursuant to 28 U.S.C. § 1391, venue is proper in this District because
the Defendant does business within this District, and its activities within
this District are continuous and substantial.
5. The Attorney General is authorized under title III of the ADA to bring
suit on behalf of the United States if she has reasonable cause to believe
that an entity is engaged in a pattern or practice of discrimination under
title III, or that persons with disabilities have been discriminated against
under title III and this discrimination raises issues of general public
importance. 42 U.S.C. § 12188(b)(1)(B).
6. The National Collegiate Athletic Association (NCAA) is an unincorporated
association whose members are over one thousand colleges and universities
throughout the United States, including colleges and universities located
within this District. The NCAA sanctions, supervises and promotes athletic
competition among its members. The NCAA's activities include determining
whether student-athletes attending its member colleges and universities,
including colleges and universities located within this District, are eligible
to participate in intercollegiate athletics; sanctioning intercollegiate
athletic events, including intercollegiate athletic events held within this
District; and executing contracts related to intercollegiate athletic events,
including intercollegiate athletic events held within this District.
7. Defendant NCAA is a private entity that owns, leases or operates places
of public accommodation and is, therefore, a public accommodation within
the meaning of title III of the ADA. 42 U.S.C. § 12181(7), 28 C.F.R.
§ 36.104.
8. The NCAA enters into lease agreements with stadiums, coliseums, arenas
and other places of public gathering when necessary to secure such a facility
for an athletic competition that it sponsors.
9. When the NCAA does not enter into a lease agreement with stadiums, coliseums,
arenas and other places of public gathering for an athletic competition
that it sponsors, it directs its agents (host institutions or local organizing
committees) to lease these places of public accommodation.
10. In NCAA-sponsored athletic competitions, the NCAA has extensive control
over the stadiums, arenas, coliseums and other places of public gathering
where these competitions are held, including control of the concessions,
sales, program sales, media rights, ticket sales, and selection of participants.
11. When it sponsors an athletic competition, NCAA rules generally require
that the owners of the facility allow the NCAA to have exclusive use of
the facility throughout the duration of the competition.
12. The NCAA has extensive control over the gymnasiums and other places
of exercise used by member institutions.
13. The NCAA has issued regulations concerning the physical education curriculum
of colleges and universities, including regulations governing the enrollment
policies of physical education departments and the content of courses offered
within those departments.
14. The United States Department of Justice received a number of complaints
that the NCAA's initial-eligibility requirements discriminate against student-athletes
with learning disabilities in violation of title III of the ADA. The complaints
allege discrimination beginning in 1995 and continuing until the present.
15. The United States Department of Justice investigated these complaints
and on October 17, 1997 informed the NCAA that it had found that several
of the NCAA's policies, practices and procedures with respect to student-athletes
with learning disabilities are in violation of title III of the ADA.
16. Every student-athlete who enrolls in an NCAA-member institution as an
entering freshman (with no previous full-time college attendance), regardless
of the sport(s) in which he or she wishes to participate, must receive a
report documenting that he or she has been certified as meeting the NCAA's
initial-eligibility requirements in order to be eligible for athletics-related
financial aid, practice and competition during his or her first academic
year in residence.
17. A college or university that is a member of the NCAA may not permit
a student-athlete to practice in its facilities or represent it in athletic
competitions held in places of public accommodation unless the student-athlete
meets all NCAA eligibility standards, including but not limited to the initial-eligibility
requirements.
18. The NCAA's initial-eligibility rules require that high school students
who wish to participate in college athletics must have completed thirteen
classes certified by the NCAA as "core courses." Only certain
types of classes in English, mathematics, natural science, physical science,
and other similar areas can be certified as "core courses."
19. The NCAA's initial-eligibility rules also require high school students
to have at least a 2.0 grade point average in the core courses, and a certain
minimum score on either the SAT examination or the ACT examination.
20. The NCAA's initial-eligibility rules also require that a student's grade
point average and standardized test score must correspond to a sliding scale
"Initial Eligibility Index." According to the index, a higher
grade point average allows the student to obtain a lower test score.
21. The NCAA Initial-Eligibility Clearinghouse, an agent of the NCAA operating
under contract with the NCAA, is charged with determining the eligibility
of incoming freshman student-athletes. High school student-athletes who
expect to seek the opportunity to participate in college athletics programs
must register with the Clearinghouse. The Clearinghouse receives documents
from high schools and high school athletes, and then issues a report for
each student regarding whether he or she meets the NCAA's initial-eligibility
standards.
22. Many high school students diagnosed with learning disabilities are enrolled
in classes that use teaching techniques, modifications, and accommodations
that are specifically designed to address their particular disabilities.
23. Based on its restrictive rules, the NCAA regularly refuses to certify
classes designed to accommodate students with learning disabilities as "core
courses."
24. The NCAA has refused to certify classes designed for students with learning
disabilities as "core courses" because those classes are taught
as part of a school's special education curriculum.
25. The NCAA has refused to certify classes designed for students with learning
disabilities as "core courses" because it considers those classes
"remedial."
26. On information and belief, because of the NCAA's restrictive rules many
high schools do not even submit classes designed for students with learning
disabilities for the NCAA's consideration.
27. Therefore, many student-athletes with learning disabilities are not
able to be certified as meeting the initial-eligibility requirements.
28. On information and belief, athletics officials of colleges and universities
often choose not to offer athletics-related financial aid to student-athletes
with learning disabilities when these students are not able to be certified
as eligible.
29. For this and other reasons, student-athletes with learning disabilities
who are not certified as eligible are adversely affected because their options
for college and university are restricted.
30. NCAA rules allow students who do not qualify under the initial-eligibility
rules to apply for a waiver of those rules.
31. Applications for waivers cannot be filed until after a student-athlete
has graduated from high school and received a final certification report
from the NCAA Clearinghouse.
32. On information and belief, when athletics officials of colleges and
universities learn that a student with a learning disability will need a
waiver of the initial-eligibility requirements before becoming eligible
to participate in athletics, they often cease their efforts to recruit the
student or withdraw offers of athletic scholarships.
33. Decisions from the NCAA committee responsible for hearing applications
for waivers of the initial-eligibility requirements come several months
after the close of the official recruiting periods in most NCAA-sanctioned
sports.
34. On information and belief, because of the length and uncertainty of
the waiver process many student-athletes with learning disabilities become
discouraged and decide not to pursue a waiver.
35. The NCAA's committee responsible for hearing applications for waivers
of the initial-eligibility requirements places a heavy weight on the standardized
test scores of student-athletes with learning disabilities.
36. Until the latter half of 1997, the NCAA committees responsible for hearing
applications for waivers filed by students without learning disabilities
could either approve full eligibility for the student or deny the student
eligibility. However, the NCAA committee responsible for hearing applications
for waivers filed by students with learning disabilities could approve full
eligibility for the student, approve partial eligibility for the student,
or deny the student eligibility.
37. The "partial qualifier" status allows a student to receive
athletics-related financial aid and to practice with the team, but it does
not allow the student to participate in athletics competition and it penalizes
the student by allowing him or her only three years of athletic eligibility
after the year as a partial qualifier.
38. Some students with learning disabilities who would have been granted
full eligibility were granted partial eligibility because their application
for a waiver was heard by the NCAA committee responsible for hearing applications
for waivers by students with learning disabilities rather than the NCAA
committees responsible for hearing applications for waivers by students
without learning disabilities.
39. In the latter half of 1997, the NCAA committees responsible for hearing
applications for waivers from students without learning disabilities were
given approval to award partial qualifier status to those students. Nevertheless,
the committees award partial qualifier status to students without disabilities
in very few cases.
40. On information and belief, the NCAA committee responsible for hearing
applications for waivers from students with learning disabilities considers
participation in athletics to be a hindrance to students successfully completing
the academic requirements of college.
41. The NCAA's policies, practices and procedures adversely affect student-athletes
with learning disabilities by unnecessarily restricting their choice of
post-secondary schools.
42. The NCAA's policies, practices and procedures adversely affect student-athletes
with learning disabilities by denying them eligibility for athletics scholarships.
43. The NCAA's policies, practices and procedures adversely affect student-athletes
with learning disabilities by denying them the opportunity to participate
in an athletics program, which often provides motivation for academic success.
44. These policies affect individuals with disabilities, specifically those
with learning disabilities, as defined in 42 U.S.C. § 12102 and 28
C.F.R. § 36.104.
COUNT I: IMPOSITION OF ELIGIBILITY CRITERIA
THAT SCREEN OUT INDIVIDUALS WITH DISABILITIES
45. The United States incorporates by reference the allegations set forth
in Paragraphs 1 through 44 as if fully set forth herein.
46. The NCAA imposes or applies eligibility criteria.
47. The eligibility criteria imposed or applied by the NCAA screen out or
tend to screen out individuals with disabilities from fully and equally
enjoying the goods, services, facilities, privileges, advantages or accommodations
that it offers, in violation of 42 U.S.C. § 12182(b)(2)(A)(i).
48. The eligibility criteria imposed or applied by the NCAA are not necessary
for the provision of the goods, services, facilities, privileges, advantages
or accommodations that it offers.
49. The NCAA's imposition of eligibility criteria that screen out, or tend
to screen out, individuals with disabilities constitutes a pattern and practice
of discrimination in violation of 42 U.S.C. §§ 12182(b)(2(A)(i)
and 12188(b)(1)(B)(i).
50. The NCAA's imposition of eligibility criteria that screen out, or tend
to screen out, individuals with disabilities discriminates against persons
with disabilities and this discrimination raises an issue of general public
importance under 42 U.S.C. § 12188(b)(1(B)(ii).
51. The discrimination alleged in this count directly and adversely affected,
and continues to affect, an unknown number of individuals with disabilities.
COUNT II: FAILURE TO MAKE REASONABLE MODIFICATIONS
IN ITS POLICIES, PRACTICES OR PROCEDURES
52. The United States incorporates by reference the allegations set forth
in Paragraphs 1 through 44 as if fully set forth herein.
53. Individuals with disabilities are not able to fully and equally enjoy
the goods, services, facilities, privileges, advantages or accommodations
that the NCAA offers because of the NCAA's policies, practices and procedures,
in violation of 42 U.S.C. § 12182(b)(2)(A)(ii).
54. The NCAA has failed to make reasonable modifications in policies, practices
and procedures that are necessary to afford the NCAA's goods, services,
facilities, privileges, advantages or accommodations to individuals with
disabilities.
55. The NCAA's failure to make reasonable modifications in its policies,
procedures and practices constitutes a pattern and practice of discrimination
in violation of 42 U.S.C. § 12182(b)(2(A)(i) and 12188(b)(1)(B)(i).
56. The NCAA's failure to make reasonable modifications in its policies,
procedures and practices discriminates against persons with disabilities
and this discrimination raises an issue of general public importance under
42 U.S.C. § 12188(b)(1(B)(ii).
57. The discrimination alleged in this count directly and adversely affected,
and continues to affect, an unknown number of individuals with disabilities..
COUNT III: DENIAL OF AN OPPORTUNITY TO BENEFIT
FROM THE SERVICES OFFERED BY THE NCAA
58. The United States incorporates by reference the allegations set forth
in Paragraphs 1 through 44 as if fully set forth herein.
59. The NCAA's policies, practices and procedures deny many student-athletes
with disabilities the opportunity to participate in or receive the benefit
from the goods, services, facilities, privileges, advantages, or accommodations
that it offers, in violation of 42 U.S.C. § 12182(b)(1)(A)(i).
60. The NCAA's creation, maintenance and imposition of policies, practices
and procedures that deny individuals with disabilities the opportunity to
participate in or receive the benefit from the goods, services, facilities,
privileges, advantages, or accommodations that it offers constitutes a pattern
and practice of discrimination in violation of 42 U.S.C. § 12182(b)(1)(A)(i)
and 12188(b)(1)(B)(i).
61. The NCAA's creation, maintenance and imposition of policies, practices
and procedures that deny individuals with disabilities the opportunity to
participate in or receive the benefit from the goods, services, facilities,
privileges, advantages, or accommodations that it offers discriminates against
persons with disabilities and this discrimination raises an issue of general
public importance under 42 U.S.C. § 12188(b)(1(B)(ii).
62. The discrimination alleged in this count directly and adversely affected,
and continues to affect, an unknown number of individuals with disabilities.
COUNT IV: PROVISION OF SERVICES THAT ARE NOT EQUAL TO, OR ARE SEPARATE FROM, THOSE AFFORDED TO OTHER INDIVIDUALS
63. The United States incorporates by reference the allegations set forth
in Paragraphs 1 through 44 as if fully set forth herein.
64. The NCAA provides, directly and through contractual, licensing and other
arrangements, goods, services, facilities, privileges, advantages, or accommodations.
65. The goods, services, facilities, privileges, advantages, or accommodations
provided by the NCAA for individuals with disabilities are not equal to,
and are separate from, those provided to other individuals.
66. The NCAA's provision of goods, services, facilities, privileges, advantages,
or accommodations that are not equal to, or are separate from, those provided
to other individuals constitutes a pattern and practice of discrimination
in violation of 42 U.S.C. § 12182(b)(1)(A)(ii) and (iii) and 12188(b)(1)(B)(i).
67. The NCAA's provision of goods, services, facilities, privileges, advantages,
or accommodations that are not equal to, or are separate from, those provided
to other individuals raises an issue of general public importance under
42 U.S.C. § 12188(b)(1(B)(ii).
68. The discrimination alleged in this count directly and adversely affected,
and continues to affect, an unknown number of individuals with disabilities.
PRAYER FOR RELIEF
Therefore, the United States respectfully requests that this Court:
1. Declare that the Defendant's discriminatory policies, as set forth above,
violate title III of the Americans with Disabilities Act, 42 U.S.C. §§
12181-12189, and its implementing regulations, 28 C.F.R. part 36.
2. Enjoin the Defendant, and its officers, agents and employees, and all
other persons in concert with the Defendants, from discriminating on the
basis of disability against any individual seeking to be certified as eligible
to participate in intercollegiate athletics and receive athletics-related
financial aid.
3. Order Defendants to institute and implement policies and procedures which
will eliminate discrimination on the basis of disability.
4. Award monetary damages to any individuals who have been injured by the
Defendant's pattern and practice of discrimination against student-athletes
with disabilities.
5. Assess a civil penalty in an amount authorized by statute to vindicate
the public interest.
6. Order additional relief as justice may require.
Respectfully submitted,
JANET RENO
Attorney General
________________
WILMA A. LEWIS BILL LANN LEE
United States Attorney Acting Assistant Attorney General
District of Columbia Civil Rights Division
Judiciary Center Bldg.
555 4th St., N.W. __________________
Washington, D.C. 20001 JOHN L. WODATCH
(202) 307-3569 Chief [DC Bar No. 344523]
L. IRENE BOWEN
Deputy Chief [DC Bar No. 925610]
__________________
DANIEL W. SUTHERLAND
Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(202) 307-0663
May __, 1998
Consent Decree - United States v. National Collegiate Athletic Association (NCAA)
May 26, 1998