February 2016 - Parks & Recreation - 31

assuming Class was indeed " disabled "
under the ADA, TU claimed Class was
not an " otherwise qualified " individual for the football program with the requested accommodations. As noted by
the federal appeals court, following his
organ transplant hospitalization, Class
had a heightened risk of infection and
subsequent heatstroke.
Heat Tolerance Testing
Because Class was a student-athlete
seeking to return to play after an injury, TU's athletic staff had the team
physician review his request. Following a review of his medical records,
TU's team physician, along with a
team of board-certified physicians in
sports medicine, unanimously concluded, " Class could not safely participate fully in Towson University's
football program. "
Thereafter, TU had an institute conducting research on heatstroke and
heat illness review Class' medical records and conduct a series of heat-tolerance tests. Following this process,
the recommendation was for Class to
" only exercise in cool environments
ranging from low-to-high intensity
(including football practices) and only
low-to-moderate intensity in warmer
environmenThe institute's report recommended further testing " prior to
any intense conditioning that is done
in a warm-to-hot environment " to determine how Class would respond to
" high exercise intensity coupled with
heat exposure " if he was allowed to
return to football practice in August.
Based on this report and the earlier
review of the medical records, TU's
team physician again refused to clear
Class for participation in the football
program. In the opinion of the TU
team physician, Class had not demonstrated that he had " sufficient heat tolerance to handle competitive football
	

practices, including scrimmages, and
play outdoors in seasonal heat. " In
particular, the TU team physician noted that the heat tolerance tests conducted on Class " did not adequately mimic
the conditions that Class would face
playing competitive football. " Further,
" Class had not passed any test wearing
the specialized padding recommended
to protect his liver and the standard
football gear, including the pads and
helmet required for playing football. "
Consistent with NCAA requirements and national best practices,
Towson University applied its written return-to-play policy, which provided that the university's team physician has the final and autonomous
authority in deciding if and when an
injured student-athlete may return to
practice or competition. Moreover,
TU's policy expressly provided, " a
student-athlete's private physician
DOES NOT have any jurisdiction as
to the participation status of the student-athlete. " (Emphasis of court)
Reinstatement Demand
Class retained legal counsel and made
a formal demand to be fully reinstated
in the football program. In response,
based on the advice of medical professionals, TU maintained Class was
" unable to return to playing football
safely " and " no reasonable accommodation can be made to adequately
protect him from potentially devastating health effects. " Moreover, in the
opinion of TU's physicians, " routine
temperature monitoring alone would
not adequately provide for his safety,
and the sports medicine professionals
cannot fashion a reasonable or practical precaution that would adequately
protect Mr. Class from another serious heat-related illness. "
In his complaint alleging violation
of the ADA, Class contended he

was " disabled " within the context of
the ADA based on his " inability to
regulate his body temperature " and
because his " susceptibility to heatstroke substantially limits major life
activities, including regulating body
temperature, walking, standing and
running, when he experiences a heatstroke. " However, with " reasonable
accommodations " required by the
ADA for qualified individuals with
a disability, Class claimed he could
" fully return to football. " Based on
the institute report, Class contended
" reasonable accommodations " would
include TU monitoring his body temperature when performing new or
unique exercises or conditioning sessions; monitoring his fluid needs and
matching his fluid losses; and conducting all exercise progression at the
discretion and direct observation of a
medical professional.
At trial, an athletic trainer and Ph.D.
in exercise physiology, the chief operating officer of the institute that had
issued a heat tolerance report on Class,
testified that a " CorTemp " system
would effectively monitor Class' body
temperature. Specifically, Class would
" ingest a small electronic device that
would track his internal body temperature and communicate the readings
through low-frequency radio waves to a
nearby handheld monitor. " Further, the
CorTemp system " would require that
the monitor be positioned near Class
for 3 to 5 seconds every 5 to 10 minutes,
which would provide data with sufficient frequency to allow Class to cease
physical activity before his internal temperature reached the dangerous level at
which a heatstroke could occur. "
In the professional opinion of TU's
team physician, this testing and monitoring procedure did not alter her
professional judgment to not clear
Class " to return to football. "

W W W. N R PA . O R G | F E B R UA R Y 2 0 1 6 |

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February 2016 - Parks & Recreation - 1
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