Westbrook Waiver?

[BroadwayVa]

Because Westbrook and Shepard are the same gender there is absolutely no aspect of Title IX that would apply. There will be no "discovery" the NCAA decisions are confidential.

Your's were the answers I was searching for, one who KNOWS. Thanks Coco..

 

[tchalla1]

Because Westbrook and Shepard are the same gender there is absolutely no aspect of Title IX that would apply. There will be no "discovery" the NCAA decisions are confidential.

Please note that I said "Title VI" not a "Title IX" claim. And really a Title IX claim also is possible, even if the two comparators are same gendered--not likely--but possible. Additionally, a Title VI claim would not be under the auspices of the NCAA, but rather would be a federal case under the OCR (Office for Civil Rights) where the discovery process does occur.

 

[CocoHusky]

I though it was only medicine that people were practicing here on the BY, but it seems like we've suddenly spawned a few aspiring lawyers as well.

 

[tchalla1]

I though it was only medicine that people were practicing here on the BY, but it seems like we've suddenly spawned a few aspiring lawyers as well.

LOL--I was thinking the same about you, as you were the one who first attempted to get legalistic, and unfortunately mischaracterized some legal concepts... Not so much an "aspiring" anything anymore, just more than two decades of being a Title IX officer...

 

[DefenseBB]

I will bring this point up once again, just so I can get blasted again.
It is totally unfair that some NCAA rules are different depending on the sport. Softball has no waiting period. In fact, a player can play fall softball, transfer after the fall season and play for her new team in the spring!!! This is unbelievable when compared to the "sit out a year" sports. Yet the NCAA can justify it.
I am not sure what the rules are if a player transfers during the spring season (or if it is even possible to transfer mid semester)...

Yes, you are correct there is an inconsistency for Football, MCBB and WCBB vs all other sports. However Beth “I talk almost as much as Adam Amin to avoid any dead air time” Mowins did mention new proposed rule changes to softball about transfers. Not sure what the changes are but do know the Oregon situation was bad when the coach left for Texas and 9 players (?) left as well, leaving a National Contender decimated.
Personally, I hope they don’t modify the rules except to allow WCBB to freely transfer. If they want to put in stipulations on degree progress-credits or min GPA, ok fine.

 

[hoopsfan22]

Look guys, as long as you don't give a congratulatory call to a 7th grade little leaguer or violate retroactive APR standards, it's all good. Fake classes are fine. Team managers dying in the course of their duties on windy days also A-OK. Football players raping women? Not the NCAA's purview. Men's basketball coaches trying to cover up and/or interfere in a murder investigation also totally cool. BUT DON'T YOU DARE ARRANGE A TOUR AT ESPN!!!!

 

[DaBball]

Because Westbrook and Shepard are the same gender there is absolutely no aspect of Title IX that would apply. There will be no "discovery" the NCAA decisions are confidential.

"Title VI states that: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
- https://www2.ed.gov/about/offices/list/ocr/docs/hq43e4.html

@tchalla1 used Title VI in their explanation, not Title IX. Since Shepard and Westbrook are of different races, this is an argument that would be supported by Title VI, not Title IX.

 

[ghost]

"Title VI states that: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
- https://www2.ed.gov/about/offices/list/ocr/docs/hq43e4.html

@tchalla1 used Title VI in their explanation, not Title IX. Since Shepard and Westbrook are of different races, this is an argument that would be supported by Title VI, not Title IX.

Reading tchalla post regarding Title VI prompted me to go read it. Sure seems applicable, assuming UCONN gets federal money

 

[CocoHusky]

"Title VI states that: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
- https://www2.ed.gov/about/offices/list/ocr/docs/hq43e4.html

@tchalla1 used Title VI in their explanation, not Title IX. Since Shepard and Westbrook are of different races, this is an argument that would be supported by Title VI, not Title IX.

Yea, @tchalla1 has already straightened me out on this. Still think any law suit under this situation is highly unlikely to come about and less likely to prevail. For starters the NCAA receives federal funds "indirectly" so applying title VI or IX against the NCAA as an institution is even harder.

 

[CocoHusky]

Reading tchalla post regarding Title VI prompted me to go read it. Sure seems applicable, assuming UCONN gets federal money

Don't think UCONN would be the target here more likely the NCAA.