NCAA votes to oppose discrimination at its events

After months of hinting that it would use its financial clout to take a stand against discrimination based on sexual orientation and gender identity, the NCAA on Wednesday made it official.

The organization's Board of Governors, at its quarterly meeting in Indianapolis, adopted a new requirement for sites hosting or bidding on NCAA events in all divisions — from Final Fours to educational conferences.

Those host sites must "demonstrate how they will provide an environment that is safe, healthy and free of discrimination, plus safeguards the dignity of everyone involved in the event," the NCAA said.

For now, though, the NCAA is not elaborating on what that means. The board has directed the national office to finalize details of the policy and how it would be implemented, spokeswoman Stacey Osburn said.

The NCAA in a statement announcing the new policy referenced "recent actions of legislatures in several states, which have passed laws allowing residents to refuse to provide services to some people based on their sexual orientation or gender identity." But the statement did not specify what would disqualify a site from hosting an event, or what policy changes cities or states could make to compete for events.

"To me, this seems to be motivated by good intentions, both to protect student-athletes, as well as to advance values that the NCAA thinks are important," said Steve Sanders, a professor at the Indiana University Maurer School of Law. "But unfortunately, I fear that the statement as written will simply cause confusion and will have to inevitably be clarified. The policy, as I read it, does not make clear what will count as creating a safe, welcoming environment. Does it have to have an actual anti-discrimination law?"

Indianapolis has an anti-discrimination law. But Indiana's Religious Freedom Restoration Act has been criticized for not protecting civil rights of LGBT persons and leaving the door open for businesses to discriminate. The NCAA declined to answer questions about whether Indianapolis' city ordinance would be enough to meet the new bidding requirements.

The board’s decision means host sites now must prove that they are safe and free of discrimination as part of the bidding process for championships, just as there are requirements for access for people with disabilities and details on playing and practice facilities.

Ryan Vaughn, the president of Indiana Sports Corp., which handles Indianapolis' bids for NCAA events, said he thinks the city complies with the new policy.

"We have one of the strongest local (anti-discrimination) ordinances in the country," Vaughn said.

Vaughn, though, said he would be more concerned if he was in Charlotte after a recently passed North Carolina law negated that city's anti-discrimination law.

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"We were that city for about 10 days and I was very nervous," Vaughn said, referring to the period between passage of RFRA and its eventual amendment. The original law could have overridden local laws prohibiting discrimination based on sexual orientation and gender identity, but the amendment deleted that language.

"It went far beyond sports," Vaughn said. "It was sports and it was conventions. It was tourism. It had far-reaching impact on a national level. We fixed it and that's great, but if you're a Charlotte and the outcome is unclear, you'd be nervous."

The organization that promotes Indianapolis, Visit Indy, also considers the city covered under the NCAA's new policy.

"We fully support the NCAA's decision and are proud to be marketing a city with a longstanding human rights ordinance that ensures all are welcomed and protected," Visit Indy spokesman Chris Gahl said in an email, "keeping us competitive in bidding to host major events and conventions."

Requests for comment to both Mayor Joe Hogsett and Gov. Mike Pence have not been answered.

“The higher education community is a diverse mix of people from different racial, ethnic, religious and sexual orientation backgrounds,” said Kirk Schulz, president of Kansas State University and chair of the NCAA Board of Governors in a statement announcing the vote. “So it is important that we assure that community — including our student-athletes and fans — will always enjoy the experience of competing and watching at NCAA championships without concerns of discrimination.”

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The vote Wednesday could affect sites already awarded bids and ensures the new rules will be implemented for any future bids.

Among the Indianapolis events that could be affected is the NCAA’s richest showcase — the men’s basketball Final Four — slated to return to Indianapolis in 2021. The same event held in the city last year pumped an estimated $71 million into the local economy, according to Visit Indy. Indianapolis also is scheduled to host first- and second-round games in the 2017 men’s basketball tournament.

It's not the first time the NCAA has taken a strong stance on a controversial issue. It already prohibits championship events in states where governments display Confederate flags. It also bars NCAA members from hosting championships if their school nicknames use Native American imagery that is considered abusive and offensive.

The NCAA in a statement said it "considers the promotion of inclusiveness in race, religion, sexual orientation and gender identity as a vital element to protecting the well-being of student-athletes, promoting diversity in hiring practices and creating a culture of fairness."

Follow Star reporter Dana Hunsinger Benbow on Twitter:@DanaBenbow.

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