Amateur Athletes with Handicaps or Physical Abnormalities: Who Makes the Participation Decision?

Authors

Matthew J. Mitten, South Texas College of LawFollow

Abstract

I. Introduction

II. Athletics Governing Bodies’ Perspective ... A. College and University ... B. High School

III. Athletes’ Perspective

IV. Team Physician's Perspective

V. Schools’ Perspective

VI. Athletes’ Legal Right to Play ... A. Federal Constitutional Claims ... 1. Denial of Equal Protection ... 2. Denial of Due Process ... B. Rehabilitation Act of 1973 Claims ... 1. "Individual With Handicaps" ... 2. "Otherwise Qualified" and Excluded "Solely by Reason of Handicap" ... a. Physical Inability to Perform ... b. Harm to Other Participants ... c. Harm to Handicapped Athlete ... i. No physician participation approval ... ii. Conflicting physician participation recommendations ... iii. Handicapped adult athletes: Some recommendations ... iv. Handicapped minor athletes: Some recommendations ... C. State Education Laws

VII. Participation by Court Order or Agreement

VIII. Conclusion

Recommended Citation

Matthew J. Mitten, Amateur Athletes with Handicaps or Physical Abnormalities: Who Makes the Participation Decision?, 71 Neb. L. Rev. (1992)
Available at: https://digitalcommons.unl.edu/nlr/vol71/iss4/2