Loading presentation...

Present Remotely

Send the link below via email or IM

Copy

Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.

DeleteCancel

NCAA v. Tarkanian

No description
by

Tristan Walker

on 30 November 2015

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of NCAA v. Tarkanian

The NCAA is a private party that could only recommend that it’s members take actions such as sanction coaches, This is a reason why the NCAA were unsuccessful in directly punishing Tarkanian but instead used UNLV.

NCAA had no governmental assistance
This case limits the ability for someone to sue the NCAA for violation of their rights and better defined what a state actor is and is not.
Facing suspension Tarkanian appealed to Nevada state court
Nevada court ruled in favor of Tarkanian
Tarkanian was awarded injunctive releif against UNLV
UNLV appealed
NCAA filed an amicus curiae breif
Procedural History Cont.
Nevada State Supreme Court ruled that the NCAA was a vital party
Tarkanian filed an ammended complaint adding the NCAA
Tarkanian was awarded $190,000 in attorneys fees
NCAA appealed the injunction and the fees to the US Supreme Court while UNLV did not
NCAA v. Tarkanian 488 U.S. 179 (1988)
Holding
FACTS
• Jerry Tarkanian was hired as the head basketball coach at the University of Nevada, Las Vegas (UNLV).
FACTS
UNLV was a part of the National Collegiate Athletic Association
FACTS
• NCAA instructed the UNLV to investigate basketball coach Jerry Tarkanian.
• After the investigation, they concluded that Tarkanian was innocent of any wrongdoing.

FACTS
• The NCAA ultimately found that UNLV committed 38 rules violations, including 10 by Tarkanian.
1973
National Collegiate Athletic Association adopted rules or “legislation” governing the conduct of the programs of its members
• The committee proposed a two-year probation for the university, and request UNLV to discipline Tarkanian by removing him from his coaching position during the two-year probation.
NCAA v. Tarkanian
488 U.S. 179 (1988)

• Tarkanian claims that the NCAA deprived him of property and liberty without due process.
• Tarkanian then filed suit against the university and against NCAA later for depriving his due process rights.
• The trial court held the NCAA’s actions did violate Tarkanian’s due process rights because it was a “state actor.”
• The NCAA appealed.
• U.S. Supreme Court granted certiorari to review.
The supreme court, in a five-to-four judgement, reversed in favor of the NCAA
The NCAA are able to discipline it’s schools, because NCAA is private organisation. therefore they are not subject to regulation of the Fourteenth Amendment.
UNLV sign a contract and agreed with NCAA rules and regulations.


1) State Actor: In United States law, a state actor is a person who is acting on behalf of a governmental body, and is therefore subject to regulation under the United States Bill of Rights, including the First, Fifth and Fourteenth Amendments, which prohibit the federal and state governments from violating certain rights and freedoms.

2) 14 Amendment: Addresses citizenship and equal rights under the law.

3) Due Process: Fair treatment through the normal judicial system, specially as a citizen's entitlement.
Related Cases
LUGAR v. EDMONDSON OIL CO., INC., ET AL. 457 U.S. 922 (1982)

R.M. SMITH v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. 266 F.3d 152 (2001)
TERMS
LEGAL REASONING
Procedural History
Holding
FACTS
1
3
2
4
4
4
4
4
4
SOURCES
1) "State actor." West's Encyclopedia of American Law, edition 2. 2008. The Gale Group 18 Oct. 2015 http://legal-dictionary.thefreedictionary.com/State+actor

2)"14th Amendment." West's Encyclopedia of American Law, edition 2. 2008. The Gale Group 18 Oct. 2015 http://legal-dictionary.thefreedictionary.com/14th+Amendment

3) "Due Process of Law." West's Encyclopedia of American Law, edition 2. 2008. The Gale Group 18 Oct. 2015 http://legal-dictionary.thefreedictionary.com/Due+Process+of+Law

4) "NCAA v. TARKANIAN." Findlaw. Web. 9 Oct. 2015. <http://caselaw.findlaw.com/us-supreme-court/488/179.html>
th
IMPLICATIONS

http://jto.s3.amazonaws.com/wp-content/uploads/2015/02/p9-tark-a-20150213.jpg.
http://www.huntingdonhawks.com/sports/wbkb/2012-13/photos/0002/NCAA_Basketball_Logo.jpg.

http://www.fresnostate.edu/magazine/wp-content/uploads/05-sports-spring2015.jpg.
This case has led to changes in NCAA's investigative process including allowing coaches and their attorneys to attend Enforcement committee hearings and making investigators record their interviews on tape.
IMPLICATIONS
SOURCES
1) "State actor." West's Encyclopedia of American Law, edition 2. 2008. The Gale Group 18 Oct. 2015 http://legal-dictionary.thefreedictionary.com/State+actor

2) "14th Amendment." West's Encyclopedia of American Law, edition 2. 2008. The Gale Group 18 Oct. 2015 http://legal-dictionary.thefreedictionary.com/14th+Amendment

3)"Due Process of Law." West's Encyclopedia of American Law, edition 2. 2008. The Gale Group 18 Oct. 2015 http://legal-dictionary.thefreedictionary.com/Due+Process+of+Law

4) "FindLaw's United States Supreme Court Case and Opinions." Findlaw. Web. 10 Oct. 2015. <http://caselaw.findlaw.com/us-supreme-court/488/179.html>.
POINTS OF VIEW

PLAINTIFF (
Jerry Tarkanian
)
Alleges that he had been deprived of his fourteenth amendment due process rights in violation of 42.U.S.C 1983

Later on he ultimately, he obtained injunctive relief and an award of attorney’s fees against both UNLV & the NCAA

Continued to persistently fight for his rights
DEFENDANT (
NCAA
) POV

The NCAA contended that the trial court had exceeded its jurisdiction by effectively invalidating the enforcement proceedings of the NCAA
Felt they are in the right to investigate Tarkanian and see if he was following the guidelines & recruiting regulations that were set.
Felt like they needed to investigate because of the rapid success the basketball team was having. Something was suspicious
Tarkanian used the 14th amendment to sue the NCAA for the violation of his due process rights.
14th Amendment deals with citizenship rights.
Tarkanain rights were not violated.
The 14th amendment applys only to actions authorized by the state.
NCAA were not acting under nevada state law.

resource:
Rehberg, Megan L. "National Collegiate Athletic Association (NCAA) v. Tarkanian." Law and Higher Education. Web. 14 Oct. 2015.
OTHER POINTS OF VIEW
UNLV
Other college coaches
Players being recruited
Team recruiters
resource:
Rehberg, Megan L. "National Collegiate Athletic Association (NCAA) v. Tarkanian." Law and Higher Education. Web. 14 Oct. 2015.
resource:
Rehberg, Megan L. "National Collegiate Athletic Association (NCAA) v. Tarkanian." Law and Higher Education. Web. 14 Oct. 2015.
Full transcript