Dominic Hardie v. The National Collegiate Athletic Association, International Girls Basketball Association, Alliant International University, Town and County Hotel LLC
Published: Apr. 25, 2015 | Result Date: Mar. 24, 2015 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-00346-GPC-DHB Summary Judgment – Defense
Court
USDC Southern District of California
Attorneys
Plaintiff
Thomas H. Prouty
(California Department of Education)
Defendant
Tanja L. Darrow
(Littler Mendelson PC)
Facts
Dominic Hardie sued The National Collegiate Athletic Association, Alliant International University, International Girls Basketball Organization, and Town and County Hotel LLC relating to his denial of employment as a basketball coach.
Contentions
PLAINTIFF'S CONTENTIONS:
Dominic Hardie, an African-American male, was a high school women's basketball coach. He was convicted of possession of a controlled substance with intent to distribute, a felony under Texas law. He was certified by the NCAA to coach at NCAA tournaments for the 2010 and 2011 seasons but his application to coach for the 2012 and 2013 seasons was denied. The NCAA initially barred all convicted felons from coaching at its tournaments, modified its policy in 2006 to allow non-violent felons with convictions older than seven years to coach, and then reverted back to its old policy barring all felons in 2011. Plaintiff had been convicted of possession of a controlled substance with intent to distribute, a felony under Texas law.
Plaintiff asserted causes of action for violation of Title II of the Civil Rights Act of 1964 for intentional and disparate impact discrimination.
DEFENDANTS' CONTENTIONS:
NCAA denied wrongdoing and asserted various affirmative defenses.
Result
The court found that Title II of the Civil Rights Act did not encompass a disparate impact theory of discrimination and granted NCAA's motion for summary judgment.
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