Makiya Savage

11/16/2023
Professor Cebula
SPT 290

Announcements
Novemeber 16th-November 21st: Week 12 Quiz Due By The Latest November 14th @
8AM
Discussion Post w/ Article: Week 12 available from 11/13-11/19
Title IX Assignment Due 11/21 @ 8AM

Ch 12

High School Eligibility Rules

- Transfer Rules (sit out for one yr)
- Home Schooling
- Redshirting
- Eligibility and Discipline

Drug Testing- Search and Seizure

- Fourth Amendment: “The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be violated....”
Constitutional Issues
- Three Part Balancing Test:
o A Legitimate Privacy Expectation: a person who is being tested on which the
search intrudes (high school and college athletes low privacy, regular college
students in dorms a lot of privacy)
o Character of the Intrusion: how are we collecting the sample what do we do to get
it and what info
o Nature and Immediacy of the Governmental Concern: justifiable to intrude
(prevent harm)
- Probable Cause – Waived under special needs.
o Fair and equitable competition
o Health and safety of student athletes
o Deterring drug use
Other Drug Testing Issue
 - Consent Forms
- State Constitutions (offer cant be least protection but it can be more)
- Due Process
- Labor Law

First Amendment
- “Congress shall make no laws respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress of
grievances.”
Freedom of Speech
- What is speech?
o Speech is talk, dress, protest, hairstyles, social media post, slogans on clothes tc
- There has to be a compelling government interest to suppress speech
- Does the speech cause a substantial disruption or materially interfere with school
activities?
o There can be reasonable restrictions on speech
Freedom of Religion
- Establishment Clause
o Endorsement Test – Whether a reasonable observer would perceive the practice in
question to be a government endorsement of religion.
o Coercion Test – Whether the government’s action might have the effect of
coercing anyone to support or participate in religion.
o Lemon Test – Whether the government’s conduct:
▪ Lacks a secular purpose;
▪ Has the primary effect of advancing or inhibiting religion; or
▪ Fosters an excessive government entanglement with religion.
- Free exercise clause: can not prohibit religion