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athlete eligibility and due process right - Coggle Diagram
athlete eligibility and due process right
in the eligibility process, schools/associations must follow the federal constitional due process
must also follow their own procedures with regards to their eligibility rules if they are private or public
courts typically fine with blanket policies because would be too difficult for schools to investigate every claim
typical approaches to transfer rules by assocations
don't permit transfers for any non academic reason
permitting school districts to create their own rules
strict rules designed to ensure transfers don't happen but allow waivers for special conditions
transfer rules limit the athletes ability to participate in sports once they transfer to a new school (See Carlberg)
typically survive the rational review basis because schools have reason to try and make sure decisions not based just on atheltics
outside competition rules
not every association has outside competition rules
these rules allowed because under rational basis the schools can show doing this to keep the students safe from overtraining and injuring themselves
See Letendere
Due process rights (see Brands)
ONLY APPLIES IF THERE IS LIBERTY OR PROPERTY INTEREST
typically courts say because playing sports is a privelege not a right not met by athletes but if scholarship money involved then the scholarship seen by some courts as property right
arbitrary or capricious: courts will step in found to be arb or cap which means decision was willful or unreasonable and reasonable person could not come to that conclusion
Equal protection
if similarly situated then have to treat the same and rule not allowed if unequally affects someone because of reason like race or gender
the two types of due process rights
procedural: whether or not got fair hearing, or was notified
substantative: looks at the substance of the claim and have to decide if that was arbitrary or capricious