National Collegiate Athletic Association V. Smith - The Case

The Case

Smith and The University of Pittsburgh applied for a waiver from the National Collegiate Athletic Association, to lift the restrictions on the athletic eligibility of graduate students. However the waiver was denied by the NCAA. In August 1996, Smith filed a lawsuit pro se against the NCAA, alleging that the NCAA’s decision to not allow her to playing intercollegiate volleyball at the University of Pittsburgh and Hofstra University on the basis of her sex, in that the NCAA grants more waivers for athletic eligibility restrictions to male than female post graduate student athletes. The NCAA attempted to have the case dismissed on the grounds that it did not receive federal assistance. This would exempt the NCAA from compliance with Title IX which states that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance..." The district court dismissed the case, claiming that Smith could not claim that Title IX was applicable. Smith then amended her claim.

The Court of Appeals for the Third Circuit later reversed the district court's decision. The NCAA then petitioned for Supreme Court review. They claimed that the court decision did not agree with the previous court case Department of Transportation v. Paralyzed Veterans of America which prohibits discrimination against any handicapped person in “any program or activity receiving any federal financial assistance.” The Supreme Court granted certiorari, in order to find out if a private organization such as the NCAA, that does not receive federal financial assistance, can be subject to Title IX simply because it receives funds from organizations that do receive federal financial assistance, making the NCAA indirectly federally funded.

The Supreme Court claimed that allegations did not exist that state that the NCAA uses the funds from its institutions that are federally funded, to provide any students with any form of financial aid. They stressed that only institutions that are federally funded directly can be subject to coverage by Title IX. The Supreme Court came to a unanimous decision ruling that the NCAA can not be sued under Title IX of the Education Amendments of 1972 and remanded the case for further proceedings complying with this decision.