Grambling State University student-athlete Brenda McKinney has filed a federal lawsuit against the NCAA, alleging discriminatory practices against HBCUs, per reporting from Sportico and The Indiana Lawyer.
The case “Brenda McKinney, individually and on behalf of all others similarly situated v. National Collegiate Athletic Association”, was filed in the U.S. District Court for the Southern District of Indiana, Indianapolis Division in August 2023. The Lawsuit brings to light concerns over the NCAA’s Academic Performance Program (APP), has already garnered considerable attention within the HBCU community.
At the heart of McKinney’s lawsuit is the claim that the NCAA’s APP unfairly penalizes HBCU institutions compared to their non-HBCU counterparts. The APP, implemented in 2004, aims to ensure college athletes make academic progress toward graduation. It uses two main metrics—the Academic Progress Rate (APR) and Graduation Success Rate (GSR). Programs that fail to meet a 930 multi-year APR score face punitive measures, usually in the form of postseason ineligibility.
McKinney’s motion for class certification presents data that HBCUs are far more likely to receive postseason bans related to the APP. Over nine consecutive academic years, nearly four percent of HBCU teams earned postseason bans, compared to less than a tenth of a percent of non-HBCU teams.
McKinney’s lawsuit accuses the NCAA of violating Section 1981 of the Civil Rights Act of 1866 by using an APP formula that disproportionately disadvantages Black student-athletes at HBCUs. The complaint argues that the APP perpetuates a system that punishes these athletes due to the unique and historical role of HBCUs in educating Black students. Per the federal lawsuit, McKinney asserts that the NCAA’s one-size-fits-all enforcement approach disregards its own bylaws, which call for athlete admissions and academic standards consistent with those of the general student body.
The NCAA has forcefully objected to McKinney’s claims, arguing that allegations of disparate impact are insufficient to prove discriminatory intent. The association maintains that various “non-discriminatory factors” could explain why a player might be denied postseason access, including institutional challenges, resource constraints, injuries, personal choices, and team performance.
The NCAA insists that the APP was designed to help all college athletes gain valuable education on a path toward graduation. The association emphasizes that the program was developed by multiple stakeholders in higher education to ensure fairness and educational progress.
A settlement conference is set for July 16, after U.S. Magistrate Judge Mark J. Dinsmore denied the NCAA’s request for a delay. The NCAA is scheduled to depose McKinney in Washington, D.C., on July 17. Judge Dinsmore noted that the NCAA’s failure to complete McKinney’s deposition before the scheduled settlement conference does not constitute sufficient cause for a delay.
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