GSU Athlete Sues NCAA

Brenda McKinney, a player on the Grambling University women’s basketball team, filed a federal class action lawsuit in Indiana in 2023, accusing the NCAA of discriminating against Historically Black Colleges and Universities (HBCUs) through its Academic Performance Program (APP). McKinney claims that the NCAA included metrics in its APP that were known to have a discriminatory effect on HBCU member organizations. The lawsuit, primarily concerning the Civil Rights Acts of 1981 and 1985, argues that the NCAA's actions interfere with student-athletes' ability to make and enforce contracts and disproportionately impact HBCUs with postseason bans, placing these students at a disadvantage.

U.S. Magistrate Judge Mark J. Dinsmore recently denied the NCAA’s request to delay the lawsuit, scheduling McKinney’s deposition for July 17, one day after a settlement conference on July 16. The lawsuit contends that Black student-athletes were not fully informed about the potential consequences of the NCAA's discrimination, leading them to unknowingly enter contracts with substantial disadvantages. It also claims that the NCAA has consistently acknowledged reliable data showing its reforms hinder Black student-athletes at HBCUs but has allowed the discrimination to continue.

The NCAA has responded to McKinney’s claims by stating that its decisions regarding academic reform programs are based on various non-discriminatory factors, such as institutional challenges and resource constraints. McKinney’s attorney, Elizabeth Fegan, argues that the NCAA has failed to uphold its own bylaws, which promise to tie academic measures to the student bodies of schools. Despite the risks to her athletic career, McKinney pursues this lawsuit to hold the NCAA accountable and address the systemic discrimination against Black student-athletes at HBCUs.