Amateur Athletes with Handicaps or Physical Abnormalities: Who Makes the Participation Decision?

I. Introduction II. Athletics Governing Bodies’ Perspective ... A. College and University ... B. High School III. Athletes’ Perspective IV. Team Physician's Perspective V. Schools’ Perspective VI. Athletes’ Legal Right to Play ... A. Federal Constitutional Claims ... 1. Denial of Equal Protection ... 2. Denial of Due Process ... B. Rehabilitation Act of 1973 Claims ... 1. "Individual With Handicaps" ... 2. "Otherwise Qualified" and Excluded "Solely by Reason of Handicap" ... a. Physical Inability to Perform ... b. Harm to Other Participants ... c. Harm to Handicapped Athlete ... i. No physician participation approval ... ii. Conflicting physician participation recommendations ... iii. Handicapped adult athletes: Some recommendations ... iv. Handicapped minor athletes: Some recommendations ... C. State Education Laws VII. Participation by Court Order or Agreement VIII. Conclusion