Question
1. If someone sues a university under 504 or the ADA for its failure to provide equal participation opportunities to individuals with disabilities, the decision
1. If someone sues a university under 504 or the ADA for its failure to provide equal participation opportunities to individuals with disabilities, the decision will probably turn on whether the athlete with a disability is considered a "qualified" person with a disability. Does qualified mean qualified to compete with and against able-bodied athletes? Or could it also mean qualified to compete as a wheelchair-bound athlete on a team for wheelchair athletes?
2. In 2007, Iowa State University stirred up controversy by considering appointing a "life skills assistant" to serve as a spiritual advisor to its football team. As proposed, the advisor would report to the athletic director; serve those athletes who sought out spiritual counsel; not "pressure, coerce or proselytize" athletes; and have access to practices and games. Any prayer during mandatory team functions would be student-initiated and student-led (Mytelka, 2007). Based on Santa Fe and Chandler II, as well as the Borden case, do you think this policy would be considered constitutional?
3. Find out what the policy is at your institution for monitoring student-athletes' uses of social media and determine whether it would violate a typical state statute on monitoring social media. Also, examine its specific provisions and requirements, and discuss whether a court might find it, or parts of it, unconstitutional under the First Amendment.
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