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For a PDF version of this article, click
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Passing on Test: Lawsuit's Effect
Felt with NCAA Change on SATs
RICH HOFMANN
Philadelphia Daily News
November 6, 2002
The lawsuit began in 1997 with two names and
ended with four: Tai Kwan Cureton, Leatrice Shaw, Andrea Gardner and
Alex Wesby.
It began with a simple premise: They were
discriminated against by the NCAA and its reliance on an SAT cutoff
score as the way for determining freshman eligibility in college
sports.
And 5 years later, they won - even
though their names don't get mentioned in any NCAA press releases,
even though you don't hear about them in all the high-minded talk
about new research on the question and whatnot.
Cureton, Shaw, Gardner and Wesby: They won.
They killed the SAT cutoff, the almighty test score that squashed
the dreams of too many kids in this country, too many black kids,
for too many years.
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André Dennis
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"I don't know if the NCAA will ever admit
it, but I think that's what happened," said André
Dennis, the Philadelphia attorney who argued the case for
Cureton and the rest. "I think the truth is that the NCAA
doesn't respond to anything but pressure and litigation."
It was announced last week that the
NCAA Division I Board of Directors passed a package of reforms. A
lot of it has to do with increasing the amount of academic progress
that an athlete has to make during his college career in order to
stay eligible, especially in the first 2 years.
But the big news was that the use of the SAT
as a cutoff was dead. Instead, there is now a greater emphasis on an
athlete's grades in high school core courses. Even a kid who gets
every question on the SAT wrong can theoretically gain eligibility
as a freshman if he has a high enough average in those high school
core courses.
The rules go into effect in August 2003. In
other words, it has taken 20 years for the NCAA to come around to a
position that the people who administer the tests, such as the Educational
Testing Service (ETS), have argued from the very beginning:
Using the SAT as a cutoff is a misuse of the test.
The NCAA knew it from the very
beginning - the letters from the ETS have been in the public record
forever. It was reminded, at high decibels, for two decades; why do
you think Temple
coach John Chaney always sounds hoarse? It knew it was wrong and
it knew it disproportionately affected black kids - it was all right
there in its own data, all right there for years, right there in
black-and-white in its own publication, the NCAA News.
Yet the almighty SAT barrier stood - until
Cureton, Shaw, Gardner and Wesby, until the lawsuit.
"That was the catalyst," said Adele
Kimmel, a staff attorney for the Trial
Lawyers for Public Justice, which also worked on the case.
"That's what got the NCAA moving in the proper direction. I'm
just sorry it took as long as it did."
The lawsuit endured a bumpy existence. A
victory at the district-court level was overturned on appeal on
procedural grounds. But the reasoning in the lower-court opinion was
still out there, unchallenged by the appeals court. That
opinion stated that the use of the SAT discriminated against
black kids and did nothing to improve the NCAA's overall graduation
rates.
And that's what made the NCAA move - nothing
else. The NCAA doesn't trumpet any of this in the press releases,
but in an April 2002 position paper before the NCAA
Management Council, the lawsuit is mentioned prominently. The
paper gives three reasons for getting rid of the SAT cutoff:
- First, the testing people say it's a misuse
of the test. Except that the NCAA has known that since 1983.
- Second, the SAT isn't a good predictor as
to whether a kid will graduate. Except that everybody in the
education business has known that for more than 20 years.
- Third, the
lawsuit. As the position paper
states, "It would be prudent, therefore, to choose
initial-eligibility standards...so as to best position the
Association against further legal challenges."
Which is just what it did last week.
"I still don't think they went far
enough," Dennis said. "It comes up short because the rule
still takes a one-size-fits-all approach. They still refuse to look
at students as individuals. They still refuse to recognize that
there are different missions and academic curricula at different
schools. They continue to exclude students who can compete and can
perform well academically."
Here's one example: Under the new rules, an
athlete will be limited to 6 semester hours in remedial, tutorial or
noncredit course work. But if an accredited university decides that
its mission is to educate everybody, and if its rules allow for more
than 6 hours of remedial work, why should the NCAA be interfering?
It's a small point, but it's the kind of stuff
the NCAA does all the time. The reason is simple. As Dennis said,
"The NCAA doesn't trust its members. That's what it all comes
down to."
That was true in 1983, when all this SAT stuff
started, and it's still true today. Because school presidents
couldn't police their athletic departments, arbitrary rules were put
in that denied opportunities to kids on the margins, mostly black
kids. Thousands were affected.
"What about those who lost
scholarship opportunities?" Dennis said. "What about all
of those were made to question their own self-worth because of this?
What is the NCAA going to do for them now?"
Is it at least going to apologize?
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