9th Cir.;
15-55576

The court of appeals affirmed a judgment. The court held that the plaintiff failed to show that a National Collegiate Athletic Association (NCAA) policy barring persons with felony convictions from coaching at certain NCAA-certified tournaments violated Title II of the Civil Rights Act of 1964.

Prior to 2011, the NCAA had a policy barring persons convicted of a violent felony, a sex offense, a crime involving children, or a nonviolent felony less than seven years old from coaching at any NCAA-certified, nonscholastic tournament. Due to safety and ethical concerns student-athlete interactions with persons convicted of financial crimes, sports bribery, and possession of controlled substances, the NCAA amended its policy in 2011 to bar any person with a felony conviction of any kind from coaching at such tournaments. As a result of the new policy, Dominic Hardie was barred from coaching at a 2013 NCAA-certified girls' basketball tournament in San Diego based on a 2001 conviction for possession of a controlled substance. Hardie sued the NCAA to enjoin enforcement of the policy, alleging that it violated Title II by denying him the full and equal enjoyment of a place of public accommodation. Hardie relied on a disparate impact theory, arguing that the bar on coaching with a prior felony conviction fell disproportionately on African-Americans like Hardie, who were allegedly more than three times as likely as white Americans to have suffered a felony conviction.