By Christian Dennie, Esq.
In February 2013, Dominic Hardie (“Hardie”) filed suit against the National Collegiate Athletic Association (“NCAA”) and a host of other organizations relating to an NCAA rule that prohibits felons from coaching prospective student-athletes at NCAA certified basketball events. Hardie is the co-founder of Triple D Hoops based in Houston, Texas and coaches two high school aged girls’ basketball teams that compete in tournaments nationally. Hardie was formally an NCAA Division I basketball student-athlete at the University of Houston and University of North Texas. In 2000, at age 23, Hardie was arrested and charged with possession with intent to distribute less than one gram of cocaine. In 2001, Hardie pled guilty to the charge and received a five year probated sentence. He has not been arrested or convicted since and recently graduated from the University of North Texas. In addition to his duties as a basketball coach, he is a full-time social worker in the child foster care system.
Hardie had been coaching at NCAA certified basketball contests for several years. From 2006-2010, the NCAA’s policies on felons coaching at NCAA certified basketball events allowed for coaches to coach their teams as long as it was a non-violent felony conviction and the conviction was older than seven years. The policy at that time distinguished between violent and non-violent felonies. In January 2011, the NCAA removed the distinction between violent and non-violent felonies. On February 22, 2012, Hardie re-applied for certification to coach at NCAA certified basketball events for 2012 and 2013. On March 13, 2012, Hardie was informed by the NCAA that he was denied certification because of his past felony conviction. As a result, Hardie is currently unable to coach his teams at any basketball event certified by the NCAA.
Hardie has filed suit in the United States District Court for the Southern District of California. Hardie claims the actions taken by the NCAA and other defendants violate Title II of the Civil Rights Act of 1964 (“Title II”). Hardie claims the defendants have created and taken part in “unlawful racial discrimination in places of public accommodation.” Hardie further claims that the defendants have devised a policy that denies him “the full and equal enjoyment of places of public accommodation in violation of Title II by permanently denying coaching certification to him and all other persons with felony convictions without regard to the time passed since conviction, type of conviction, extent of rehabilitation, or the relatedness of the conviction to any legitimate business or organizational purpose.” Hardie argues in his Compliant that the NCAA policy has a disparate impact on African Americans because African Americans are “overrepresented in nearly every stage of the criminal justice system.” Hardie points to statistics that show African Americans are 4.5 times more likely that American Caucasians to have a felony conviction.
Hardie seeks a declaratory judgment indicating that the NCAA policy is unlawful and violates Title II. He also seeks a preliminary and permanent injunction enjoining the NCAA and other defendants “from implementing the felony exclusion policy and practice…and providing [Hardie] with participant approval allowing him to coach at the MSNM Western Tournament and all other NCAA certified tournaments.”
Christian Dennie is a sports law attorney at Barlow Garsek & Simon, LLP, who has expertise in NCAA compliance issues. He can be reached at cdennie@bgsfirm.com
