Consider impact of recent ruling that gives team physicians greater power in determining athletic eligibility

Abstract

Do schools with athletic programs violate the Americans with Disabilities Act by prohibiting student‐athletes from participating in athletic activities without clearance from a team physician? How closely should courts review disputes over medical clearance? A recent 2–1 court of appeals decision in Class v. Towson University, et al., No. 15‐1811 (4th Cir. 11/13/15) broadly defers to team physician judgments. The majority held that the school team could bar a student‐athlete from participation based on the decision of a team physician as long as the decision was made in good faith. The dissenting judge argued that the ADA and the Supreme Court decision in Bragdon v. Abbott required more than a good‐faith decision on medical risk; rather, Bragdon v. Abbott requires that medical risk judgments be objectively reasonable, “based on the objective scientific evidence available to him and others in his profession.”