Ex-Volleyball Player’s Lawsuit Takes NCAA to Highest Court

A lawsuit drafted by a law student angry that she was denied a spot on her college volleyball team may help the Supreme Court answer whether the NCAA is subject to federal discrimination laws.

The NCAA told the court Wednesday that a key anti-bias law guaranteeing federal protection against sex discrimination in most schools does not apply to it.

John G. Roberts Jr., lawyer for the tax-exempt organization, said a federal appeals court was wrong when it ruled that the NCAA is an indirect recipient of federal aid because of the dues it collects from its 1,200 member schools.

The federal law known as Title IX of the Education Amendments of 1972 applies only to educational programs receiving federal money.

The Supreme Court is expected to rule in Renee Smith’s case by summer. If the court allows her to continue her lawsuit, the NCAA could be on the hook in a host of other discrimination lawsuits based on race or disability, both sides have said.

Smith, 26, sued in federal court after the NCAA said she was ineligible for the volleyball teams at two schools where she did postgraduate work.

The NCAA first judged her ineligible in 1993, based on the sports organization’s rules. Although Smith had two years of eligibility remaining after her early graduation from St. Bonaventure in upstate New York, she lost them when she moved to Hofstra in Hempstead, N.Y., for graduate school, the NCAA said.

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A former Houston Astro executive is suing the team, alleging it refused to promote her and fired her because she is a woman.

Leslie Ann Leary’s lawsuit, seeking $300,000, was filed Tuesday in federal court.

It alleges the Astros fired her in late 1997 as assistant to the club’s director of player development, telling her the position was being “eliminated for financial reasons.”

The Astros then hired a less-experienced and less-qualified man, who was given the job title of minor league administrator with the same duties she had performed, the lawsuit says, adding that Leary was not considered for the new position.

Baseball

Bob Tewksbury, 38, a right-hander who spent the last two seasons with the Minnesota Twins, announced his retirement. Tewksbury was 7-13 with a 4.79 earned-run average in 26 games last season, and spent time on the disabled list because of tendinitis in his right biceps. He was 110-102 in 13 seasons with six teams.

Right-handed pitchers Bobby Witt, Steve Ontiveros and Marc Valdes and left-handers Steve Cooke and Norm Charlton signed minor league contracts with the Tampa Bay Devil Rays.

The Seattle Mariners signed left-hander Brien Taylor, the top pick in the 1991 draft, to a contract as a minor league free agent. Taylor, 27, has struggled since undergoing reconstructive surgery on his pitching shoulder in December, 1993. He signed a $1.55-million contract in 1991 with the New York Yankees. He was signed by the Mariners after his minor league contract with the Yankees ran out. At Class A Greensboro in 1998, Taylor was 0-1 with a 9.59 ERA in 13 games.

Seth Davidson, starting shortstop for the top-ranked USC baseball team, suffered a broken jaw in practice Jan. 8 and will be sidelined for at least six weeks.

Texas A&M; Coach Mark Johnson was named coach of the U.S. baseball team.

Miscellany

John Hricsina held onto his lead for the second consecutive round of match play at the Cal Bowl Senior Open in Lakewood. Hricsina posted high games of 263 and 290 en route to winning five match-play games.

Pete Couture moved up to second. The top 16 advance to final match play this morning, with five reaching the finals tonight.

World Boxing Assn. middleweight champion William Joppy was released from a hospital in Cheverly, Md., after being treated for a neck injury suffered in a car crash Monday.