national
collegiate
athletic
association
smith
argued
january
decided
february
national
collegiate
athletic
association
ncaa
adopted
rules
governing
intercollegiate
athletics
programs
member
colleges
universities
among
rules
postbaccalaureate
bylaw
allows
postgraduate
participate
intercollegiate
athletics
institution
awarded
undergraduate
degree
respondent
smith
played
intercollegiate
volleyball
two
seasons
bonaventure
university
graduated
bonaventure
smith
enrolled
postgraduate
programs
hofstra
university
university
pittsburgh
sought
play
intercollegiate
volleyball
schools
ncaa
denied
eligibility
basis
postbaccalaureate
restrictions
smith
request
hofstra
university
pittsburgh
petitioned
ncaa
waive
restrictions
time
ncaa
refused
smith
filed
lawsuit
pro
se
alleging
among
things
ncaa
violated
title
ix
education
amendments
proscribes
sex
discrimination
education
program
activity
receiving
federal
financial
assistance
ncaa
moved
dismiss
ground
complaint
failed
allege
ncaa
recipient
federal
financial
assistance
opposition
smith
argued
ncaa
governs
federally
funded
intercollegiate
athletics
programs
members
programs
educational
ncaa
benefited
economically
members
receipt
federal
funds
concluding
alleged
connections
ncaa
federal
financial
assistance
member
institutions
attenuated
sustain
title
ix
claim
district
dismissed
suit
smith
moved
leave
amend
complaint
allege
ncaa
receives
federal
assistance
recipients
operates
educational
activity
benefits
assistance
district
denied
motion
moot
reversing
denial
third
circuit
held
ncaa
receipt
dues
federally
funded
member
institutions
suffice
bring
ncaa
within
scope
title
ix
held
dues
payments
recipients
federal
funds
suffice
subject
ncaa
suit
title
ix
pp
third
circuit
decision
inconsistent
governing
statute
regulation
decisions
title
ix
defines
program
activity
include
operations
postsecondary
institution
part
extended
federal
financial
assistance
provides
coverage
entities
principally
engaged
business
providing
education
services
ii
entities
created
two
covered
entities
thus
part
ncaa
received
federal
financial
assistance
ncaa
operations
subject
title
ix
twice
considered
entity
qualifies
recipient
federal
financial
assistance
grove
city
college
bell
held
college
qualifies
recipient
enrolls
students
receive
federal
funds
earmarked
educational
expenses
found
hint
title
ix
distinguishes
direct
institutional
assistance
aid
received
school
indirectly
students
id
later
department
transp
paralyzed
veterans
america
held
rehabilitation
act
prohibits
discrimination
based
disability
substantially
terms
title
ix
uses
prohibit
sex
discrimination
apply
commercial
airlines
virtue
government
program
financial
assistance
airports
concluded
covers
receive
aid
simply
benefit
id
declining
apply
paralyzed
veterans
recipient
definition
ground
inconsistent
cfr
title
ix
regulation
issued
department
education
third
circuit
failed
give
effect
regulation
entirety
section
defines
recipient
include
entity
federal
financial
assistance
extended
directly
another
recipient
operates
education
program
activity
receives
benefits
assistance
first
part
definition
makes
clear
title
ix
coverage
triggered
entity
merely
benefits
federal
funding
thus
regulation
accords
teaching
grove
city
paralyzed
veterans
entities
receive
federal
assistance
whether
directly
intermediary
recipients
within
meaning
title
ix
entities
benefit
economically
federal
assistance
third
circuit
decision
inconsistent
precedent
unlike
earmarked
student
aid
grove
city
allegation
ncaa
members
paid
dues
federal
funds
earmarked
purpose
third
circuit
dispositively
holds
erroneously
relied
ncaa
receipt
dues
members
third
circuit
also
noted
relationship
ncaa
members
qualitatively
different
airlines
airport
operators
issue
paralyzed
veterans
ncaa
created
composed
schools
receive
federal
funds
ncaa
governs
members
respect
athletic
rules
distinctions
bear
narrow
question
decided
entity
receives
dues
recipients
federal
funds
thereby
become
recipient
pp
address
alternative
grounds
urged
respondent
bringing
ncaa
title
ix
ncaa
directly
indirectly
receives
federal
financial
assistance
national
youth
sports
program
recipient
cedes
controlling
authority
federally
funded
program
another
entity
controlling
entity
covered
title
ix
regardless
whether
recipient
issues
decided
resolution
first
instance
left
lower
courts
remand
see
roberts
galen
pp
vacated
remanded
ginsburg
delivered
opinion
unanimous
national
collegiate
athletic
association
petitioner
smith
writ
certiorari
appeals
third
circuit
february
justice
ginsburg
delivered
opinion
case
concerns
amenability
national
collegiate
athletic
association
ncaa
association
private
action
title
ix
education
amendments
ncaa
unincorporated
association
approximately
members
including
virtually
public
private
universities
colleges
conducting
major
athletic
programs
association
serves
maintain
intercollegiate
athletics
integral
part
members
educational
programs
title
ix
proscribes
sex
discrimination
education
program
activity
receiving
federal
financial
assistance
complainant
case
renee
smith
sued
ncaa
title
ix
alleging
association
discriminated
basis
sex
denying
permission
play
intercollegiate
volleyball
federally
assisted
institutions
reversing
district
refusal
allow
smith
amend
pro
se
complaint
appeals
third
circuit
held
ncaa
receipt
dues
federally
funded
member
institutions
suffice
bring
association
within
scope
title
ix
reject
determination
inconsistent
governing
statute
regulation
decisions
dues
payments
recipients
federal
funds
hold
suffice
render
dues
recipient
subject
title
ix
address
alternative
grounds
urged
respondent
amicus
curiae
support
title
ix
application
ncaa
litigation
leave
resolution
grounds
courts
remand
rules
adopted
ncaa
govern
intercollegiate
athletics
programs
member
colleges
universities
joining
ncaa
member
agrees
abide
enforce
association
rules
national
collegiate
athletic
assn
tarkanian
see
ncaa
manual
ncaa
arts
among
rules
postbaccalaureate
bylaw
allows
postgraduate
participate
intercollegiate
athletics
institution
awarded
undergraduate
degree
see
ncaa
manual
bylaw
respondent
smith
enrolled
undergraduate
bonaventure
university
ncaa
member
smith
joined
bonaventure
intercollegiate
volleyball
team
fall
remained
team
throughout
athletic
seasons
elected
play
following
year
smith
graduated
bonaventure
years
athletic
year
enrolled
postgraduate
program
hofstra
university
athletic
year
enrolled
different
postgraduate
program
university
pittsburgh
smith
sought
play
intercollegiate
volleyball
athletic
years
ncaa
denied
eligibility
basis
postbaccalaureate
restrictions
smith
request
hofstra
university
pittsburgh
petitioned
ncaa
waive
restrictions
time
ncaa
refused
grant
waiver
august
smith
filed
lawsuit
pro
se
alleging
among
things
ncaa
refusal
waive
postbaccalaureate
bylaw
excluded
participating
intercollegiate
athletics
hofstra
university
pittsburgh
basis
sex
violation
title
ix
education
amendments
stat
amended
et
seq
complaint
attack
bylaw
face
instead
alleged
ncaa
discriminates
basis
sex
granting
waivers
eligibility
restrictions
male
female
postgraduate
complaint
joint
app
nos
hereinafter
joint
app
amended
complaint
joint
app
ncaa
moved
dismiss
smith
title
ix
claim
ground
complaint
failed
allege
ncaa
recipient
federal
financial
assistance
opposition
smith
argued
ncaa
governs
federally
funded
intercollegiate
athletics
programs
members
programs
educational
ncaa
benefited
economically
members
receipt
federal
funds
see
joint
app
concluding
alleged
connections
ncaa
federal
financial
assistance
member
institutions
far
attenuated
sustain
title
ix
claim
district
dismissed
suit
supp
wd
smith
moved
district
leave
amend
complaint
add
hofstra
university
pittsburgh
defendants
see
amended
complaint
joint
app
allege
ncaa
receives
federal
financial
assistance
another
recipient
operates
educational
program
activity
receives
benefits
assistance
id
joint
app
district
denied
motion
moot
granted
ncaa
motion
dismiss
app
pet
cert
appeals
third
circuit
reversed
district
refusal
grant
leave
amend
complaint
third
circuit
agreed
district
smith
original
complaint
failed
state
title
ix
claim
id
smith
proposed
amended
complaint
appeals
said
plainly
alleges
ncaa
receives
dues
member
institutions
receive
federal
funds
id
allegation
third
circuit
held
sufficient
bring
ncaa
within
scope
title
ix
recipient
federal
funds
survive
motion
dismiss
ibid
third
circuit
ruling
smith
need
prove
remand
proceed
ncaa
receives
members
dues
fact
dispute
ncaa
petitioned
review
alleging
appeals
decision
conflicted
department
transp
paralyzed
veterans
america
pet
cert
granted
certiorari
decide
whether
private
organization
receive
federal
financial
assistance
subject
title
ix
receives
payments
entities
ii
section
title
ix
education
amendments
provides
person
shall
basis
sex
excluded
participation
denied
benefits
subjected
discrimination
education
program
activity
receiving
federal
financial
assistance
civil
rights
restoration
act
crra
stat
program
activity
includes
operations
college
university
postsecondary
institution
public
system
higher
education
part
extended
federal
financial
assistance
crra
also
provides
coverage
entities
principally
engaged
business
providing
education
services
ii
entities
created
two
covered
entities
thus
part
ncaa
received
federal
assistance
ncaa
operations
subject
title
ix
twice
considered
entity
qualifies
recipient
federal
financial
assistance
grove
city
college
bell
held
college
receives
federal
financial
assistance
enrolls
students
receive
federal
funds
earmarked
educational
expenses
finding
hint
title
ix
distinguishes
direct
institutional
assistance
aid
received
school
students
concluded
title
ix
encompass
es
forms
federal
aid
education
direct
indirect
id
internal
quotation
marks
omitted
paralyzed
veterans
considered
scope
rehabilitation
act
prohibits
discrimination
basis
disability
substantially
terms
title
ix
uses
prohibit
sex
discrimination
case
group
representing
disabled
veterans
contended
department
transportation
authority
enforce
commercial
air
carriers
virtue
government
extensive
program
financial
assistance
airports
held
airlines
recipients
federal
funds
received
airport
operators
airport
construction
projects
even
funds
used
projects
especially
beneficial
airlines
application
benefited
economically
federal
assistance
observed
yield
almost
limitless
coverage
concluded
statute
covers
receive
aid
extend
far
benefit
id
appeals
determined
apply
paralyzed
veterans
definition
recipient
title
ix
finding
definition
inconsistent
cfr
title
ix
regulation
issued
department
education
third
circuit
interpreted
department
regulation
define
recipient
entity
operates
educational
program
activity
receives
benefits
federal
funds
quoting
reasoned
extends
title
ix
beneficiaries
federal
funding
well
recipients
applying
limited
rule
paralyzed
veterans
appeals
concluded
render
regulatory
definition
recipient
title
ix
nullity
ibid
third
circuit
reading
failed
give
effect
regulation
entirety
section
defines
recipient
include
entity
federal
financial
assistance
extended
directly
another
recipient
operates
education
program
activity
receives
benefits
assistance
first
part
definition
makes
clear
title
ix
coverage
triggered
entity
merely
benefits
federal
funding
thus
regulation
accords
teaching
grove
city
paralyzed
veterans
entities
receive
federal
assistance
whether
directly
intermediary
recipients
within
meaning
title
ix
entities
benefit
economically
federal
assistance
third
circuit
conclusion
ncaa
subject
requirements
title
ix
received
dues
federally
funded
members
inconsistent
precedent
unlike
earmarked
student
aid
grove
city
allegation
ncaa
members
paid
dues
federal
funds
earmarked
purpose
association
receipt
dues
demonstrates
indirectly
benefits
federal
assistance
afforded
members
showing
without
insufficient
trigger
title
ix
coverage
appeals
dispositively
relied
ncaa
receipt
members
dues
also
noted
distinctions
paralyzed
veterans
case
ncaa
created
comprised
schools
receive
federal
funds
association
governs
members
respect
athletic
rules
respects
third
circuit
observed
relationship
association
members
qualitatively
different
airlines
airport
operators
id
evident
distinctions
may
bear
narrow
question
decide
today
whether
entity
receives
dues
recipients
federal
funds
reason
recipient
iii
smith
joined
amicus
curiae
presses
two
alternative
theories
bringing
ncaa
prescriptions
title
ix
first
asserts
ncaa
directly
indirectly
receives
federal
financial
assistance
national
youth
sports
program
ncaa
administers
see
brief
respondent
second
smith
argues
recipient
cedes
controlling
authority
federally
funded
program
another
entity
controlling
entity
covered
title
ix
regardless
whether
recipient
see
brief
respondent
brief
amicus
curiae
roberts
galen
slip
bestfoods
decide
first
instance
issues
decided
reasons
stated
conclude
appeals
erroneously
held
dues
payments
recipients
federal
funds
suffice
subject
ncaa
suit
title
ix
accordingly
vacate
judgment
third
circuit
remand
case
proceedings
consistent
opinion
ordered
footnotes
postbaccalaureate
bylaw
exception
general
ncaa
rule
restricting
participation
intercollegiate
athletics
students
enrolled
program
studies
leading
baccalaureate
degree
see
ncaa
manual
bylaw
full
postbaccalaureate
bylaw
provides
enrolled
graduate
professional
school
institution
previously
attended
undergraduate
regardless
whether
individual
received
baccalaureate
degree
equivalent
enrolled
seeking
second
baccalaureate
equivalent
degree
institution
graduated
continuing
student
institution
taking
course
work
lead
equivalent
another
major
degree
defined
documented
institution
may
participate
intercollegiate
athletics
provided
student
eligibility
remaining
participation
occurs
within
applicable
period
set
forth
bylaw
complaint
also
stated
sherman
act
claim
state
contract
law
claim
district
dismissed
sherman
act
claim
supp
wd
declined
retain
supplemental
jurisdiction
state
claim
id
appeals
affirmed
dismissal
sherman
act
claim
denied
certiorari
issue
see
scope
several
federal
antidiscrimination
measures
defined
nearly
identical
terms
see
title
vi
civil
rights
act
prohibiting
race
discrimination
program
activity
receiving
federal
financial
assistance
rehabilitation
act
prohibiting
discrimination
basis
disability
program
activity
receiving
federal
financial
assistance
age
discrimination
act
prohibiting
discrimination
basis
age
program
activity
receiving
federal
financial
assistance
congress
enacted
civil
rights
restoration
act
response
part
iii
decision
grove
city
college
bell
concluded
title
ix
originally
enacted
covered
specific
program
receiving
federal
funding
see
franklin
gwinnett
county
public
schools
noting
congress
endeavored
crra
correct
considered
unacceptable
decision
part
grove
city
smith
suggests
paralyzed
veterans
control
question
presented
case
involved
government
enforcement
action
private
suit
argument
hinges
smith
position
private
right
action
available
potentially
broader
government
enforcement
authority
provided
reject
position
express
authorization
private
lawsuits
title
ix
cannon
university
chicago
concluded
congress
intended
authorize
private
right
action
even
though
failed
expressly
think
anomalous
assume
congress
intended
implied
private
right
action
proscribe
conduct
government
enforcement
may
check
see
authorizing
federal
administrative
enforcement
terminating
federal
funding
noncomplying
recipient
means
authorized
law
smith
brief
third
circuit
alluded
theories
see
brief
appellant
nos
pp
arguing
ncaa
receives
federal
financial
assistance
national
youth
sports
program
operates
ibid
arguing
organization
assumes
control
federally
funded
program
thereby
subject
title
ix
two
district
courts
found
ncaa
relationship
national
youth
sports
program
creates
issue
fact
regarding
whether
ncaa
recipient
federal
financial
assistance
see
bowers
national
collegiate
athletic
assn
supp
nj
denying
ncaa
motion
summary
judgment
rehabilitation
act
suit
genuine
questions
material
fact
whether
ncaa
receives
federal
funds
national
youth
sports
program
fund
cureton
national
collegiate
athletic
assn
civ
wl
ed
refusing
ncaa
motion
summary
judgment
title
vi
action
also
department
health
human
services
issued
two
letter
determinations
ncaa
recipient
federal
assistance
virtue
department
grant
national
youth
sports
program
fund
see
brief
amicus
curiae
course
positioned
make
currently
review
factfindings
alternative
theory
urged
respondent