Black athletes have a viable claim that the National Collegiate Athletic Association intentionally discriminated against them with a facially neutral rule that established higher scholarship and athletic eligibility criteria for incoming student athletes, the 3rd U.S. Circuit Court of Appeals has ruled.

The court held that even if the NCAA measure, known as Proposition 16, had the “laudable” goal of improving graduation rates for black athletes relative to white athletes, the plaintiffs should have the chance to prove that the goal was accomplished by simply “screening out” greater numbers of black athletes, keeping them from ever becoming eligible in the first place.

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