NCAA class action alleges history of discrimination against Black student-athletes

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NCAA discrimination class action lawsuit overview: 

• Who: Brenda McKinney filed a class action lawsuit against the National Collegiate Athletic Association (NCAA).  
• Why: McKinney claims the NCAA discriminates against its Black student athletes and teams from Historically Black colleges and universities with so-called academic reform programs. 
• Where: The class action lawsuit was filed in Indiana federal court. 

The National Collegiate Athletic Association (NCAA) implements so-called academic reforms to discriminate against Black student athletes and teams from Historically Black colleges and universities (HBCUs), a new class action lawsuit alleges. 

Plaintiff Brenda McKinney claims the NCAA included metrics in its new Academic Performance Program (APP) that the organization knew would lead to discrimination against Black student athletes at HBCUs. 

McKinney argues the NCAA’s decision to adopt and enforce the APP represents a “pattern or practice of intentional discrimination against Black student-athletes at HBCUs on the basis of race.” 

“The NCAA’s design and implementation of the APP perpetuates a system that punishes Black student-athletes at HBCUs because of the HBCUs’ unique and historical role in the education of Black people within the systemic vestiges of discrimination,” the NCAA class action states. 

NCAA’s Academic Performance Program discriminates against Black student athletes at HBCUs, says class action

McKinney argues the APP is designed to penalize NCAA teams that do not meet or exceed a point scale based on team members’ academic performance, among other indicators, according to the NCAA class action. 

The formula the APP is based on, meanwhile, “includes metrics that the NCAA knew would discriminate against Black student-athletes at HBCUs,” the NCAA class action alleges. 

McKinney, a current member of the Grambling State University women’s basketball team, wants to represent a nationwide class of all current Black student athletes at HBCUs participating in DI 

athletics during the academic year 2022-23. 

The NCAA is accused of violating Section 1981 and Section 1985 of the Civil Rights Act. She is demanding a jury trial and requesting injunctive relief and equitable relief for herself and all class members. 

A separate class action lawsuit was filed against the NCAA earlier this year over claims the organization violated the Sherman Act by allegedly conspiring with member schools to fix the compensation for certain Division I college coaches. 

Have you been racially discriminated against as a student athlete? Let us know in the comments! 

The plaintiff is represented by William N. Riley, Russell B. Cate, and Sundeep Singh of RileyCate LLC, Elizabeth A. Fegan, Melissa R. Clark, and Ling S. Wang of Fegan Scott LLC, and LaRuby May, Je Yon Jung, and Jessica H. Meeder of May Jung LLP.

The NCAA discrimination class action lawsuit is McKinney, et al. v. National Collegiate Athletic Association, Case No. 1:23-cv-01372, in the U.S. District Court for the Southern District of Indiana.

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