While I hate to see this topic raised on the list (it brings up long and
only tangentially related subjects to elite track), here's my take on Ed's
position.
Yes, it is lamentable that administrator's use Title IX as an excuse to cut
programs.
However, every potential division I athlete does get a tryout. It's four
years long. It's called high school. Could they develop? Yes. So could some
people who actually get cut in college.
There are over 300 Division I schools and probably another 1000
JUCO/NAIA/DivII/DivIII etc schools. If you want to compete, go to a school
that wants you. Yes, you've got a right to try out. You don't have a right
to try out for whatever team you want. You have to earn that.
Jorma


----- Original Message -----


> Netters:
>
>         The point has been raised that there is no constituional right to
> participate in any school activity, including athletics.
>
>         Well, there is in NJ as enunciated in that Harris case I have
> previously outlined.
>      The argument against a constituional right is often used by state
> associations when they try to trample on the rights of "student athletes,"
> but it is a false one. Of course, no one has a :right" to be on the field
> when a football game begins or a gun sounds. That privilege is earned by
> hard work and talent. But there is a right to try out for the team (or a
> play, or a band) and that is what is being denied.
>
>         Several court decisions in recent years have backed my argument.
In
> a transfer case involving a foreign student, a Pennsylvania judge told the
> PIAA that, if it could prove the school had recruited the boy (it hadn't),
> he might go along with their ineligibility ruling; otherwise, forget it.
In
> a northweestern state, a judge said that the right to partcipate in
athletes
> must be the same as to particopate in any other extra-curricular activity.
> (If you really want to raise a storm, try to keep a boy of girl musician
> from trying out for the school band!)
>
>                                                                 Ed Grant
.
>
>

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