LITIGATION -- Education department considers how antidiscrimination laws apply

The U.S. Department of Education is considering adopting regulations that would apply various discrimination laws institution-wide and not just to federally funded programs, which could affect the NCAA and the National Youth Sports Program (NYSP).

The department is seeking to clarify that discrimination laws apply to all operations of an institution, as was set forth in the 1988 Civil Rights Restoration Act, which uniformly defined "program or activity" in Title VI and Title IX as having institution-wide, not program-specific, application.

The department's proposed regulations could affect future cases such as Cureton v. NCAA that claim discrimination under Title VI. The U.S. Third Circuit Court of Appeals has ruled that -- because the education department never conformed its regulations to the Civil Rights Restoration Act -- the regulations' disparate-impact provisions apply only to federally funded programs, not to the institution as a whole.

Plaintiffs in the Cureton case have maintained that the NCAA is to be regarded as a recipient of federal funding and is therefore subject to the provisions of Title VI because of the administrative services the NCAA provides to the NYSP fund and because NCAA member colleges and universities have ceded control of their athletics programs to the Association.

"We will study these proposals to determine any effect on the NCAA and the NYSP, if in fact these rules are implemented," said Elsa Kircher Cole, NCAA general counsel.

"However, we don't anticipate any great change because we've always endeavored to comply with the rules even though they do not apply to us. The NCAA strives to operate its affairs in a way that is consistent with these laws, but we've always enjoyed the flexibility of being able to take action affirmatively to assist women and ethnic minorities without the threat of litigation challenging our ability to do that. That might not be possible if these laws apply."

Staff contact: Elsa Kircher Cole.

CONGRESS -- College athletics officials testify on dangers of sports gambling

Coaches and administrators from NCAA member institutions and conferences testified June 13 before the House Judiciary Committee in support of a law that would ban gambling on college sports events.

Staff contact: Doris Dixon.

BASEBALL EQUIPMENT

Research panel recommends enhancements to standards

The NCAA Baseball Research Panel has made several recommendations that will enhance equipment standards already in place to preserve the integrity of the game.

The panel, which met June 2, voted to recommend changes to the ball standard, the establishment of an "moment-of-inertia (MOI)" requirement, the use of a swing-speed sliding scale for nonwood bats in testing, and a uniform ball-exit speed based on a 33-inch wooden bat as the standard for certification of nonwood bats.

The recommendations are projected to become effective January 1, 2002, to give the baseball community ample time to adjust to the changes.

Staff contact: Ty Halpin.

MEN'S BASKETBALL

Division I crowds lead way to best attendance in eight years

Men's basketball attendance is at the highest level in eight years, thanks to record Division I attendance.

The Division I total of 24,281,774 fans marks the first time that Division I attendance has topped the 24 million mark.

For all three divisions combined, this past season's total of 29,024,876 was the highest since a record 29,378,161 fans attended games in 1992.

Staff contacts: Gary K. Johnson.