A current player on the Grambling State University women’s basketball team named Brenda McKinney has taken a bold stand against the NCAA by filing a federal class action lawsuit in Indiana.
The lawsuit, initiated in 2023, accuses the NCAA of implementing academic reform programs that discriminate against HBCUs. McKinney contends that the NCAA’s Academic Performance Program (APP) includes metrics that disproportionately affect HBCU member organizations.
U.S. Magistrate Judge Mark J. Dinsmore recently denied the NCAA’s request for further delays in the lawsuit. He has scheduled McKinney’s deposition for July 17, following a settlement conference set for July 16.
In his order, Judge Dinsmore stated, “While Defendant’s failure to have completed the Plaintiff’s deposition prior to the scheduled date of the settlement conference may well be a failure to properly plan its necessary discovery, it is neither good cause, nor an exigent circumstance.”
The class action lawsuit, as reported by The Indiana Lawyer in 2023, centers on alleged violations of the Civil Rights Acts of 1981 and 1985. McKinney argues that the NCAA’s practices interfere with student-athletes’ ability to make and enforce contracts, referencing the national letter of intent that student-athletes sign. The lawsuit claims that HBCUs are 43 times more likely than predominantly white institutions (PWIs) to face postseason bans, which puts HBCU students at a significant disadvantage.
Furthermore, the lawsuit further asserts that Black student-athletes were not fully informed about the potential repercussions of the NCAA’s discriminatory practices against HBCUs. As a result, these athletes unknowingly entered contracts with substantial disadvantages. According to the lawsuit, the NCAA made an “intentional decision” to undermine the path of Black student-athletes.
The complaint states: “Although the NCAA claims to have made numerous ‘reforms’ to its academic measurements throughout several decades. It is an intentional decision to consistently acknowledge reliable data that its ‘reforms’ hobble and undermine the path of the Black student-athlete at HBCUs but nonetheless allow the discrimination to continue.”
The complaint also places the NCAA’s actions within a broader historical context, arguing that the APP perpetuates a system that punishes Black student-athletes at HBCUs due to their unique and historical role in the education of Black people. The lawsuit claims that the NCAA’s practices are a continuation of systemic discrimination.
In response, the NCAA has defended its actions, stating that it considers multiple non-discriminatory factors in its decisions, such as institutional challenges, resource constraints, and individual eligibility issues. The NCAA maintains that these factors justify its academic reform programs.
Elizabeth Fegan, McKinney’s attorney, told Sportico that the lawsuit aims to hold the NCAA accountable to its own bylaws. “We are not trying to prevent the NCAA from monitoring academic performance. We want them to be educated and successful. But the NCAA promised in its bylaws to tie those measures to the student bodies of schools and that is where the NCAA has failed.”
Fegan also highlighted the personal risks McKinney faces by bringing this lawsuit. “It is really hard to be a student-athlete bringing these cases. They put their athletic career at risk and risk the ire of their coaching staff. We have talked to HBCU presidents who are interested [in helping] but who can’t participate publicly because of fear of retribution from the NCAA,” Fegan said.
As the settlement conference approaches, all eyes will be on the outcome of this landmark case. McKinney’s lawsuit has the potential to bring significant changes to the NCAA, particularly in relation to HBCUs.
The outcome could set a precedent for how student-athletes and institutions address systemic inequalities in college sports nationwide.
