In Deciding to Relocate Championships from North Carolina, NCAA Cites ‘Different’ Law

Sep 16, 2016

The NCAA has announced that it will relocate all seven previously awarded championship events from North Carolina during the 2016-17 academic year.
 
The NCAA Board of Governors made this decision “because of the cumulative actions taken by the state concerning civil rights protections.”
 
In its decision, the Board of Governors emphasized that NCAA championships and events “must promote an inclusive atmosphere for all college athletes, coaches, administrators and fans. Current North Carolina state laws make it challenging to guarantee that host communities can help deliver on that commitment if NCAA events remained in the state,” the board said. 
 
The board stressed that the dynamic in North Carolina is “different” from that of other states because of at least four specific factors: 
 
North Carolina laws invalidate any local law that treats sexual orientation as a protected class or has a purpose to prevent discrimination against lesbian, gay, bisexual or transgender individuals. 
 
North Carolina has the only statewide law that makes it unlawful to use a restroom different from the gender on one’s birth certificate, regardless of gender identity. 
 
North Carolina law provides legal protections for government officials to refuse services to the LGBT community. 
 
Five states plus numerous cities prohibit travel to North Carolina for public employees and representatives of public institutions, which could include student-athletes and campus athletics staff. These states are New York, Minnesota, Washington, Vermont and Connecticut. 
 
“As representatives of all three divisions, the Board of Governors must advance college sports through policies that resolve core issues affecting student-athletes and administrators,” said G.P. “Bud” Peterson, Board of Governors chair and Georgia Institute of Technology president. “This decision is consistent with the NCAA’s long-standing core values of inclusion, student-athlete well-being and creating a culture of fairness.”
 
These seven championship events will be relocated from North Carolina for 2016-17: 
 
2016 Division I Women’s Soccer Championship, College Cup (Cary), Dec. 2 and 4. 
 
2016 Division III Men’s and Women’s Soccer Championships (Greensboro), Dec. 2 and 3. 
 
2017 Division I Men’s Basketball Championship, first/second rounds (Greensboro), March 17 and 19. 
 
2017 Division I Women’s Golf Championships, regional (Greenville), May 8-10. 
 
2017 Division III Men’s and Women’s Tennis Championships (Cary), May 22-27. 
 
2017 Division I Women’s Lacrosse Championship (Cary), May 26 and 28. 
 
2017 Division II Baseball Championship (Cary), May 27-June 3. 
 
 
Historically, the Association has taken steps to “ensure its championship environment is consistent with its values. The NCAA bans championships in states where governments display the Confederate battle flag or authorize sports wagering and at schools that use hostile and abusive Native American imagery. 
 
The only championship events that can be hosted in North Carolina this academic year are those that are decided when student-athletes earn the opportunity to play a championship on their own campus. The Board of Governors said this decision to allow these championships — called nonpredetermined sites — to be played in North Carolina is consistent with the NCAA’s commitment to student-athletes.
 
Based on an April directive from the Board of Governors, which represents all three divisions, cities interested in hosting future NCAA championships completed a questionnaire this summer that required sites to provide information about any local anti-discrimination laws; provisions for refusal of services; and other facility-specific information. 
 
A group of representatives from NCAA schools will continue to evaluate these responses to determine which locations can host future championships. These decisions, typically announced in early December, will be delayed until next year, according to Mark Emmert, NCAA president.
 
North Carolina Officials Complain
 
NC Governor Pat McCrory released the following statement in response to the NCAA’s decision:
 
“The issue of redefining gender and basic norms of privacy will be resolved in the near future in the United States court system for not only North Carolina, but the entire nation. I strongly encourage all public and private institutions to both respect and allow our nation’s judicial system to proceed without economic threats or political retaliation toward the 22 states that are currently challenging government overreach. Sadly, the NCAA, a multi-billion dollar, tax-exempt monopoly, failed to show this respect at the expense of our student athletes and hard-working men and women.”
 
NC Lt. Governor Dan Forest released the following statement in response to the NCAA’s decision:
 
“The NCAA’s action sends a message to every female athlete and female fan attending their events that their privacy and security in a bathroom, shower or locker room isn’t worth the price of a ticket to a ballgame. We have seen the NCAA’s attitude towards women before when they stood by and did nothing during the rapes at Baylor. For years, we’ve seen the NBA turn a blind eye towards women victims of domestic abuse at the hands of their star players. Why should we be surprised now at the NCAA continuing this pattern of discrimination and degradation of women? The line has now been drawn in the sand, first by Hollywood, now by the NBA and NCAA, either accept their ‘progressive sexual agenda’ or pay the price. North Carolina will not play that game. We value our women too much to put a price tag on their heads.”


 

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