Makiya Savage

11/14/2023
Professor Cebula
SPT 290

Announcements
Novemeber 16th-November 21st: Week 12 Quiz Due By The Latest November 14th @
8AM
Discussion Post w/ Article: Week 11 available from 10/5-11/12
Title IX Assignment Due 11/21 @ 8AM

Cont. Chapter 11

Due Process
- The Amendments
o Fifth Amendment: “No person...shall be deprived of life, liberty, or property
without due process of law....”
o Fourteenth Amendment: “...nor shall any state deprive any person of life, liberty,
or property without due process of law....”
Due Process Analysis
- Is there state action?
- Does the government’s action deprive an individual of life, liberty, or property?
o Liberty – Unenumerated rights
o Property – Valuable interests; exchangeable value, add wealth
• Education (right for education until senior yr of hs and for college it is only after
you pay
• Sports (there is no right it’s a privilege)
Due Process Requirements
- Minimum Due Process
o Statement of specific violation;
o Notice of the sanctions that will be imposed;
o An opportunity for accused to comment.
- Maximum Due Process
o Written notice of hearing;
o Written statement of charges;
o Provision of adversarial hearing;
o Written or taped record of proceeding; and
o Right of appeal.

Equal Protection
 - Fourteenth Amendment: “...nor shall any state...deny to any person within its jurisdiction
the equal protection of the laws.”
The Scrutinies
- Levels of the law
- Strict Scrutiny = Law must be necessary to achieve a compelling government interest.
o Necessary= has to meet the law
o Compelling= has to be taken now
▪ 3 suspect classes: race, religion, origin
- Intermediate Scrutiny = Law must be substantially related to an important government
interest.
o Substantially= does this make sense
o Important= we should do this
▪ Semi suspect classes: benefit of bought, gender, legitimacy, alienage
- Rational Basis = Law must be rationally related to a legitimate government interest.

Voluntary Athletic Association

- Generally, courts will not interfere in the running of a voluntary association.
o Exceptions to the General Rule:
▪ Rule exceeds the scope of the athletic association’s authority.
▪ Rule violates an individual’s Constitutional rights.
▪ Association breaks one of its own rules.
▪ Decision is arbitrary or capricious.