It is named after minority plaintiff Tai Kwan Cureton and three other federally-protected minority athletes who felt their high school academic records should not be used to prevent them from playing in NCAA collegiate sports. These eligibility requirements are known as NCAA Proposition 16. The plaintiffs never had to argue that they were academically qualified or that their academic qualifications were deliberately disregarded for racial reasons.
Disparate impact makes that kind of tedious, time-consuming proof unnecessary.
The 3rd U.S. Circuit Court of Appeals stayed the order by U.S. District Judge Ronald L. Buckwalter. A three judge panel for the U.S. Court of Appeals for the Third Circuit in Philadelphia ruled 2-1 that the NCAA is not a direct recipient of federal funds and therefore cannot be sued under civil rights laws. Thus, for the time being the rules requiring incoming students to meet minimum scores on standardized tests and a minimum grade-point average will remain in effect. The Department of Education and the Department of Justice are seeking to undermine the NCAA's successful appeal in Cureton , and have drafted specific new rules for this purpose. The proposed rule from the Department of Education also states that this rule is designed to conform to the proposed rule published in October 1999 expanding Title IX to all federally conducted and supported education programs.