National Collegiate Athletic Assn. v. Tarkanian

Background

Jerry Tarkanian was the longtime head basketball coach at a public university branch (UNLV). The NCAA, a nationwide private association of colleges, found numerous recruiting violations and put UNLV on probation, recommending that the school cut ties with Tarkanian. Facing suspension and a big pay cut, Tarkanian sued in state court claiming the suspension violated his constitutional right to due process. A Nevada trial court and the Nevada Supreme Court earlier ruled the NCAA had acted as a state actor and awarded injunctive relief and attorney’s fees to Tarkanian.

Reasoning

The Court focused on who actually suspended Tarkanian. UNLV, a state-funded university, made the final decision to sever his ties and thus committed the official act. The Court emphasized that the NCAA had no power to discipline university employees directly and could only threaten penalties against the school. Because UNLV retained real choices — including leaving the NCAA or risking sanctions — the Court concluded the NCAA’s investigation and recommendations were private conduct, not state action, and reversed the Nevada Supreme Court.

Real world impact

The ruling means national athletic associations are less likely to be treated as government actors when they investigate member schools. Coaches and public employees disciplined by their universities will generally need to sue the university rather than the association. The decision narrows the path for constitutional suits against private associations, while leaving other legal claims untouched.

Dissents or concurrances

A four-Justice dissent argued the NCAA acted jointly with UNLV because UNLV agreed to accept NCAA rules, hearings, and findings, and thus the NCAA should be treated as a state actor.