Arguments for an NCAA Paternity Waiver: A Student-Athlete Father and His Relationship with Title IX and the Equal Protection Clause

Abstract

(11 Willamette Sports L.J., no. 2, 2014, at 20). This article discusses the legal, social, and practical implications resulting from a pregnancy eligibility waiver for men (“paternity waiver”). The National Collegiate Athletics Association permits female athletes a one-year eligibility waiver if they become pregnant, but offers no similar waiver for men who have children. The article discusses the legal arguments and necessary posture in which an athlete could prevail on a claim for such a waiver. The article examines both Title IX and the Equal Protection Clause as necessary weapons for gender equality. The author argues that public pressure must be applied to member universities, not necessarily to the NCAA, if the NCAA’s status quo is to be altered.