News Menu

News
View Latest Posts
View Subscriptions
Posting Instructions

Active Bloggers

Kennedy Williams Kennedy Williams
Spelman College class of 2020
LaMarr Blackmon LaMarr Blackmon
Cal St Univ, Long Beach class of 1992
HBCU CONNECT HBCU CONNECT
Central State University class of 1995
Phoebe  Caldwell Raymond Lowe Phoebe Caldwell Raymond Lowe
University of Arkansas, Little Rock class of 2021
Kara Masterson Kara Masterson
class of
Kamal Imani Kamal Imani
New York Inst of Tech class of 1997
Joel Savage Joel Savage
class of 1993
Beverly Johnson Beverly Johnson
class of

U.S. District Court Gives HBCU Student Athletes Green Light in Case Challenging NCAA’s Academic Performance Program

U.S. District Court Gives HBCU Student Athletes Green Light in Case Challenging NCAA’s Academic Performance Program
Posted By: Reggie Culpepper on September 21, 2021

A U.S. District Court handed a first victory to a group of Black student-athletes at Historically Black Colleges and Universities (HBCUs) seeking to change NCAA rules that they claim intentionally discriminate against and punish them.

The case, filed in 2020, claims that the NCAA’s Academic Performance Program (APP) — ostensibly designed to improve student-athlete academic performance — in fact undermines HBCUs’ mission to serve the historically underserved Black community, including Black student-athletes. It further alleges that the NCAA knew the APP was racially discriminatory but enacted and enforced it anyway.

On Sept. 14, U.S. District Court Judge Richard Young denied the NCAA’s motion to dismiss the suit in part, **** that the claims of two former student-athletes could move forward. If the case is certified by the court as a ****, the case would represent the hundreds of HBCU student-athletes who have been negatively impacted by the program.

“We are gratified and encouraged that the court sees the importance of this issue and the APP’s negative effects on Black student-athletes,” said Elizabeth Fegan, founding partner and managing member of FeganScott. “The NCAA’s blunt application of the APP has detrimentally impacted the academic and athletic careers of many student athletes. We look forward to presenting the evidence to the court.”

The suit alleges that the APP applies post-season bans that deny players opportunity to compete with their peers and receive all the privileges, accolades and media coverage that come with post-season play, which may affect their career trajectories and potentially lucrative post-college benefits. The suit maintains that the bans interfere with the contracts formed between institutions and their athletes, arguing that players are prevented from receiving the full benefits of their contracts and the athletes and schools cannot access greater publicity and revenue from highly publicized events. HBCU teams are 43 times more likely to receive such bans than teams at other, predominantly white institutions.

According to the 20-page ****, plaintiffs Troyce Manassa and Austin Dasent have plausibly alleged unequal treatment and the injuries caused by the NCAA’s intentionally-created unequal system. Beyond the injuries caused by the APP system and denial of the privileges and benefits enjoyed by their peers and predominantly white institutions, and unequal access to career, scouting, and other opportunities, the plaintiffs also allege mental and emotional harm, humiliation, embarrassment and degradation. The Court further ruled that, at this stage, the Plaintiffs’ claims should not be barred as untimely because they allege they did not discover the discriminatory purpose of the APP until just before filing suit.



“We missed out on post-season opportunities because of a system that the NCAA knew would punish Black student-athletes,” said Troyce Manassa, plaintiff and former guard for the Savannah State University men’s basketball team. “The NCAA is robbing student-athletes at HBCUs of the opportunities to experience what every college athlete strives for when they join a Division 1 school as a student-athlete: playing in post-season championship games and tournaments.”

“The NCAA knew that the APP would negatively affect Black student athletes at HBCUs,” said Austin Dasent, plaintiff and a former member of the Savannah State University men's basketball team. “You can’t keep moving the goal posts and call it reform when, at the end of the day, Black student-athletes at HBCUs are not given the same tools and opportunities to succeed even before we hit the fields and courts.”

Although claims will be allowed to progress for Manassa and Dasent, the court did dismiss claims against NCAA's Board of Directors and the NCAA's Division I Board of Directors.

“As we’ve seen from the June **** in NCAA v. Alston, the NCAA is not above the law, nor is it above its history of racial bias,” said Je Yon Jung, senior attorney at May Lightfoot Law and co-counsel on the case. “The time is long overdue to expose the history and actions of the NCAA to continue to segregate black student athletes at HBCUs. We cannot forget that more than 80% of postseason bans go to HBCUs. You don’t get that level of impact by accident. ”

The suit seeks compensation and punitive damages on behalf of all Black student-athletes who participated in Division I NCAA sports at HBCUs from 2010 to present and who were injured through the implementation of the APP program.

###
About FeganScott
FeganScott is a national **** law firm dedicated to helping victims of civil rights violations, sexual ****, ****, and consumer fraud. The firm is championed by acclaimed veteran, **** attorneys who have successfully recovered $1 billion for victims nationwide. FeganScott is committed to pursuing successful outcomes with integrity and excellence while holding the responsible parties accountable. Those interested in learning more should reach out to hbcu@feganscott.com.

About May Lightfoot
May Lightfoot is the first female, Black-owned personal injury firm located in Southeast Washington D.C. LaRuby May, the firm’s founder and managing member, intentionally opened the firm as a solo practitioner east of the Anacostia River in Southeast D.C. in 2017 to serve the surrounding Black community. Since then, it has grown to be comprised of seven attorneys—all individuals of color and/or women. Je Yon Jung, senior attorney at May Lightfoot, has over 23 years of civil rights experience and leads the firm’s police misconduct, civil rights, and mass torts practice. The firms’ lawyers and practice areas place an emphasis and focus on injustices and injuries against our communities of color.
If you enjoyed this article, Join HBCU CONNECT today for similar content and opportunities via email!
Comments
Please Login To Post Comments...
Email:
Password:

 
More From This Author
Know Your Value and Get Paid: Learn how to secure the bag with Salary Negotiation Strategies that work!
Focus Group Participants Wanted For Input Into An Upcoming HBCU CONNECT Mobile App!
Industrial Engineer Kemi Believes in Herself - and Optimizes Capital at Intel
Spelman College's Marian Wright Edelman to be honored during dedication of the Pathway of Justice walkway in Ohio
Register now for the virtual Nursing Diversity Fair 2021! Reserve your space now!
Career Mastered Magazine Announces HBCUs "I AM HER" Queens Special Edition Publication
Latest News
EBONY Magazine Names PVAMU Senior Alexis Vanzandt HBCU STEM Queen

EBONY Magazine Names PVAMU Senior Alexis Vanzandt HBCU STEM Queen

Senior biology major Alexis Vanzandt will represent Prairie View A&M University in the February 2022 issue of EBONY magazine as one of 10 finalists in the 2021-22 OLAY x EBONY HBCU STEM Queens online ...more
Kennedy Williams • 32 Views • October 20th, 2021
Ceelo Green Joins Paine College As Artist-In-Residence

Ceelo Green Joins Paine College As Artist-In-Residence

Paine College added a big voice to its efforts to recruit new students and restore its fabled choir. Grammy Award-winning singer CeeLo Green was the surprise guest at a student assembly Wednesday a ...more
Kennedy Williams • 74 Views • October 20th, 2021
Prospective Students In North Carolina Can Apply To N.C. A&T for FREE Oct. 18 -22

Prospective Students In North Carolina Can Apply To N.C. A&T for FREE Oct. 18 -22

North Carolina high school seniors and community college students have the opportunity to apply for admission to North Carolina Agricultural and Technical State University free of charge this week, Oc ...more
Kennedy Williams • 49 Views • October 20th, 2021
PNC Foundation Announces $16.8 Million Grant to Develop Black-Owned Businesses Through HBCU Center For Entrepreneurship

PNC Foundation Announces $16.8 Million Grant to Develop Black-Owned Businesses Through HBCU Center For Entrepreneurship

The PNC Foundation today announced a five-year, $16.8 million grant to create The Howard University and PNC National Center for Entrepreneurship – aimed at building resources and support for Black bus ...more
Kennedy Williams • 40 Views • October 20th, 2021
Howard University Cathy Hughes School of Communications Partners w/Now and Later for #RecognizeTheChew Class Session Series

Howard University Cathy Hughes School of Communications Partners w/Now and Later for #RecognizeTheChew Class Session Series

Howard University Cathy Hughes School of Communications and Clark Atlanta University’s (CAU) Mass Media Arts department are partnering with Now and Later® candy for the launch of its #RecognizeTheChew ...more
Kennedy Williams • 51 Views • October 20th, 2021
Popular News
Louisiana Upholds Life Sentence to Black Man For Stealing Hedge Trimmers in 1997

Louisiana Upholds Life Sentence to Black Man For Stealing Hedge Trimmers in 1997

While this may not be HBCU related news, as an AFrican American male, I had to share this appalling decision by the Louisiana court system to keep a man in jail with a life sentence for such a petty c ...more
Will Moss • 381,135 Views • August 6th, 2020
Apple to Invest over $40 Million Dollars into HBCUs - Time to major in Computer Science!!!

Apple to Invest over $40 Million Dollars into HBCUs - Time to major in Computer Science!!!

On Tuesday Johnny C. Taylor, President and CEO of the Thurgood Marshall College Fund stopped by “NewsOne Now” to make a major announcement that could literally change the lives of thousands of HBCU st ...more
Will Moss • 114,795 Views • March 11th, 2015
Blonde Instagram Model Goes Viral for Graduating from HBCU and Pledging Delta Sigma Theta!

Blonde Instagram Model Goes Viral for Graduating from HBCU and Pledging Delta Sigma Theta!

A blonde woman is going viral this morning, for graduating from A Historically Black College while pledging a Black sorority, Delta Sigma Theta Sorority Incorporated. @Blonde_HBCU The woman, an IG ...more
Will Moss • 100,705 Views • November 30th, 2020
Kamala Harris Promises to Forgive Student Loan Debt for HBCU Graduates

Kamala Harris Promises to Forgive Student Loan Debt for HBCU Graduates

Harris promises to offer free tuition for low-income students at public and historically Black colleges Democratic VP candidate also pledges to forgive student-loan debt for HBCU graduates who earn ...more
Will Moss • 68,761 Views • September 10th, 2020
Black Billionaire Robert F. Smith to  Donate $50 Million to Support STEM Students at HBCUs

Black Billionaire Robert F. Smith to Donate $50 Million to Support STEM Students at HBCUs

The Student Freedom Initiative announced today a $50 million personal gift from Robert F. Smith, philanthropist and Founder, Chairman and CEO of Vista Equity Partners. This gift matches the initial fu ...more
Will Moss • 68,388 Views • October 22nd, 2020
Please Give Us a Like on Facebook!