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ABA Online Conversations: Title IX: Scenario 1 Conversation with Sports Celebrities




 
Online Conversation: Title IX

Scenario 1 Conversation with Sports Celebrities

How should schools accommodate players with disabilities?

(To read the scenario in its entirety, with comments from our student panel, click on the above link. Click on participant names to read bios.)

Bonnie St. John Deane

Bonnie St. John Deane

Participants:

Jenelle, 18 (Laurel, MT)
Daniel, 17 (Evans, GA)
Jesse, 16 (Fridley, MN)
Bonnie St. John Deane, skier.

 

 

 


Jenelle: Do you feel that allowing all golfers to use golf carts during tournaments would be a possible solution to this problem?

Bonnie St. John Deane: Absolutely. However, there will be people who believe that using golf carts fundamentally changes the sport...like moving from outdoor soccer to indoor soccer. It is by no means clear that there is one fair solution that hurts no one.

Daniel: What other possible legal effects could stem from allowing Erik to use a golf cart? Could other students claim an unfair advantage? Would they be able to argue for themselves to also use golf carts? If so,  how?

Bonnie St. John Deane: Other students could claim that walking makes them tired and thus perform less well at swinging the club. Other students could argue that letting Erik ride in a cart allows him to be less tired than everyone else. Of course walking makes him more tired than everyone else. If you gave everyone the option to ride carts, then it might even the playing field. However, as I have said elsewhere, it may fundamentally change the sport. It depends on whether you feel walking is really part of the game.

Daniel: Is the term "physically disabled" legally defined? Could someone argue that Erik is not technically "physically disabled?"

Bonnie St. John Deane: I am not a legal expert, but I imagine that different laws have different definitions. For example, the Americans with Disabilities Act (which applies to the world of work) will have a different definition than the laws covering school sports. Physically disabled in this context will depend on which laws are involved.

Jesse: Who determines whether you are a "qualified individual with a disability"? Is that something that can only be determined by a medical doctor?

Bonnie St. John Deane: No. Doctors can determine whether you have a disability. Deciding whether you are "qualified" depends on what you are trying to do. For a job the employer must provide a definition of what it means to be "qualified." For a sport there are rules and judges to decide whether you are "qualified" to participate in that sport.


The purpose of this column is to identify issues. It does not purport to be exhaustive or to render legal advice. You should consult with qualified counsel or other professionals in developing responses to specific situations.


Check out the legal experts' views on this scenario.

>>Sports celebrities scenario 1 conversation
>>Sports celebrities scenario 2 conversation
>>Sports celebrities scenario 3 conversation
>>Sports celebrities additional questions


Student Panelists | Sports Celebrities | Legal Experts

Scenario 1 | Scenario 2 | Scenario 3

*Conversations* | Convo Central (Student Comments)

Links


Online Conversations | Title IX